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Lesson 1 - The Statutory Basis for Implementing Homeland Security Measures

Intelligence Reform and Terrorism Prevention Act of 2004

In the aftermath of 9/11, the world’s attention turned to the collective group of intelligence agencies (both foreign and domestic) for answers as to why the tragic events could not have been foreseen – if not in actual modus operandi, then certainly by adversarial intent. Conjecture continues today as to what information was known, by whom, and to what extent it was shared, analyzed and reported to those potentially-impacted. Such finger-pointing will continue ad nauseam, as is our nature, until those agencies involved – whether foreign or domestic – feel the pressure to change their internal operating procedures. This, unfortunately, may likely never change to the extent intended by the Congress.

In codifying the Intelligence Reform and Terrorism Prevention Act of 2004, Congress intended, above all, to end the existing parochialisms existing within and among the US' de facto intelligence community (IC) (headed at the time by the Director of Central Intelligence) and establish an information-sharing system that would facilitate information and intelligence flow not only horizontally among the federal IC but also vertically connecting federal IC with local units of government - the key players in whose jurisdictions the nation's critical infrastructures and key resources reside (CIKR). This may prove to be the greatest challenge derived from the plethora of analysis and assessments of the 9/11 events. The arguments - pro and con - are all well-founded, sound, logical and based on lessons learned as far removed as WW II. This is what makes the issue so dynamic and difficult to resolve.

There are 8 Titles in this act, each focusing on some contributing factor towards the overall Goal - Intelligence Production, Dissemination and Early Warning. Production without dissemination is useless as you may surmise. Dissemination to non-impacted stakeholders also serves no purpose. Nonetheless, dissemination to the potentially-impacted stakeholders still constitutes the greatest challenge. You will understand this dilemma the more you appreciate the arguments related to information-sharing. Keep an open mind!

Duties and Responsibilities of the Director of National Intelligence

To gain an overall sense of the plethora of tasks charged to this Senate-confirmed appointee, read Title I. Highlight those major tasks/functions you feel are the major ones contributing to overall information/intelligence orchestration, production and sharing. Pay particular attention to any tasks related to sharing information/intelligence with state and local units of government.

The Intelligence Community

To understand how national intelligence collection, production and dissemination works, you must understand those federal agencies charged by the Congress with collection, production and dissemination. Read the pertinent Titles and be capable of articulating the member agencies comprising the IC. More importantly, you need to understand the focus of each of the 17 agencies comprising the IC (e.g., CIA = Foreign Intelligence, FBI=Domestic Intelligence, NRO=satellites, etc.). For a detailed perspective of each member agency's role, visit the ODNI's Member's of the IC page.

In order to better understand how the Legislative and Executive Branches arrived at the current structure of the IC, it is also best to become familiar with the historical basis/genesis of the IC. Review this short overview for a holistic perspective: The Evolution of the U.S. Intelligence Community - An Historical Overview.

The Information-Sharing Environment

To understand how finished intelligence reaches the state and local units of government users, you need to understand the overall concept for the Information-Sharing Environment (ISE). Read and become familiar with this concept and its associated players and functions. The ISE has its own website for those seeking a more in-depth understanding, visit the Information-Sharing Environment's homepage..

Security Clearances

Of all the reasons cited for not sharing information/intelligence, none have received more media attention than that of security clearances. Study Title III and be capable of articulating the major tenets of this act regarding Security Clearances. In particular, pay close attention to “Reciprocity of Security Clearance and Access Determinations.” In your opinion, will this law solve the problem?


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