American Artificial Intelligence Leadership and Uniformity Act

— 231 — Intelligence Community AN UNFINISHED EXPERIMENT The Intelligence Community, including specifically the role of the DNI and ODNI, is an unfinished experiment. The envisioned design principle was a conser- vative one: a small, network-centric model for enterprise coordination as opposed to a large monolithic bureaucracy like DHS. The ODNI, however, has reverted in some ways to a bureaucratic and hierarchical model characterized by limited effectiveness. Historically, the CIA has undercut the DNI and maintains primacy in the IC hierarchy, especially regarding the White House. An incoming conservative Pres- ident can right the ship and return the IC governance model to first principles by using a limited but empowered leadership and coordination design to serve the nation’s intelligence and national security needs while reclaiming the public trust with fiscal responsibility, political neutrality, personnel accountability, tech- nological prowess, and necessary human capital needed to counter the immense nation-state and asymmetrical threats facing our country. AUTHOR’S NOTE: The preparation of this chapter was a collective enterprise of individuals involved in the 2025 Presidential Transition Project. No particular policy statement, reform recommendation, or other view expressed herein should be attributed to any individual contributor or to the author. — 232 — Mandate for Leadership: The Conservative Promise ENDNOTES 1. “Two independent agencies—the Office of the Director of National Intelligence (ODNI) and the Central Intelligence Agency (CIA); Nine Department of Defense elements—the Defense Intelligence Agency (DIA), the National Security Agency (NSA), the National Geospatial-Intelligence Agency (NGA), the National Reconnaissance Office (NRO), and intelligence elements of the five DoD services; the Army, Navy, Marine Corps, Air Force, and Space Force. Seven elements of other departments and agencies—the Department of Energy’s Office of Intelligence and Counter-Intelligence; the Department of Homeland Security’s Office of Intelligence and Analysis and U.S. Coast Guard Intelligence; the Department of Justice’s Federal Bureau of Investigation and the Drug Enforcement Agency’s Office of National Security Intelligence; the Department of State’s Bureau of Intelligence and Research; and the Department of the Treasury’s Office of Intelligence and Analysis.” Office of the Director of National Intelligence, “What We Do: Members of the IC,” https://www.dni. gov/index.php/what-we-do/members-of-the-ic (accessed March 8, 2023). 2. Office of the Director of National Intelligence, “Mission,” https://www.intelligence.gov/mission#:~:text=The%20 Intelligence%20Community's%20mission%20is,law%20enforcement%2C%20and%20the%20military (accessed February 24, 2023). 3. Abraham Lincoln, Second Annual Message to Congress, December 1, 1862, https://www.presidency.ucsb.edu/ documents/second-annual-message-9 (accessed March 6, 2023). 4. Christopher Porter, “Seven Questions the Next President Will Need the Intelligence Community to Answer to Win the Technology Competition with China,” LinkedIn, March 14, 2023, https://www.linkedin.com/pulse/ seven-questions-next-president-need-intelligence-community-porter/?trackingId=Dl9RF5CnSwWnAO7r9gg HiQ%3D%3D (accessed March 18, 2023). 5. H.R. 2845, Intelligence Reform and Terrorism Prevention Act of 2004, Public Law No. 108-458, 108th Congress, December 17, 2004, https://www.congress.gov/108/plaws/publ458/PLAW-108publ458.pdf (accessed March 6, 2004). 6. Testimony of Philip Zelikow, Executive Director, National Commission on Terrorist Attacks Upon the United States, in hearing, Assessing America’s Counterterrorism’s Capabilities, Committee on Governmental Affairs, U.S. Senate, 108th Congress, 2d Session, August 3, 2004, p. 55, https://ia802906.us.archive.org/31/items/gov. gpo.fdsys.CHRG-108shrg95506/CHRG-108shrg95506.pdf (accessed March 19, 2023). 7. Michael Allen, Blinking Red: Crisis and Compromise in American Intelligence After 9/11 (Dulles, VA: Potomac Books, 2013), p. 155; Interview with Robert Gates, April 19, 2012. 8. Allen, Blinking Red, p. 154; Robert Gates e-mail to Andy Card, January 11, 2005; handwritten note from Robert Gates, January 20, 2005. 9. Interview with John Ratcliffe, December 15, 2022. 10. Ibid. 11. Ibid. 12. S. 258, National Security Act of 1947, Public Law No. 80-253, 80th Congress, July 26, 1947, https://govtrackus. s3.amazonaws.com/legislink/pdf/stat/61/STATUTE-61-Pg495.pdf (accessed March 6, 2023). 13. President Ronald Reagan, Executive Order 12333, “United States Intelligence Activities,” December 4, 1981, in Federal Register, Vol. 46, No. 235 (December 8, 1981), pp. 59941–59954, https://www.govinfo.gov/content/ pkg/FR-1981-12-08/pdf/FR-1981-12-08.pdf (accessed March 6, 2023). 14. President George W. Bush, Executive Order 13470, “Further Amendments to Executive Order 12333, United States Intelligence Activities,” July 30, 2008, in Federal Register, Vol. 73, No. 150 (August 4, 2008), pp. 45325–45342, https://www.govinfo.gov/content/pkg/FR-2008-08-04/pdf/E8-17940.pdf (accessed March 6, 2023). See also President George W. Bush, Executive Order 13355, “Strengthened Management of the Intelligence Community,” August 27, 2004, in Federal Register, Vol. 69, No. 169 (September 1, 2004), pp. 53593–53597, https://www.govinfo.gov/content/pkg/FR-2004-09-01/pdf/04-20051.pdf (accessed March 6, 2023). 15. U.S. Department of Defense, Defense Counterintelligence and Security Agency, “Trusted Workforce 2.0 and Continuous Vetting,” https://www.dcsa.mil/mc/pv/cv/ (accessed March 9, 2023). 16. 50 U.S. Code § 3093(e), https://www.law.cornell.edu/uscode/text/50/3093 (accessed February 24, 2023). 17. 50 U.S. Code § 3093(a). 18. 50 U.S. Code § 3093(a)(4).

— 233 — Intelligence Community 19. Michael E. DeVine, “Covert Action and Clandestine Activities of the Intelligence Community: Selected Definitions,” Congressional Research Service Report for Members and Committees of Congress No. R45175, updated November 29, 2022, https://sgp.fas.org/crs/intel/R45175.pdf (accessed February 24, 2023). 20. H.R. 2663, Central Intelligence Agency Act of 1949, Public Law No. 81-110, 81st Congress, June 20, 1949, https:// govtrackus.s3.amazonaws.com/legislink/pdf/stat/63/STATUTE-63-Pg208.pdf (accessed March 6, 2023). 21. Nicole Ogrysko, “Intelligence Community Workforce Is More Diverse, but Still Struggles with Retention and Promotion,” Federal News Network, October 27, 2021, https://federalnewsnetwork.com/workforce/2021/10/ intelligence-community-workforce-is-more-diverse-but-still-struggles-with-retention-and-promotion/ (accessed March 18, 2023). 22. See James J. Wirtz, “The Intelligence Policy Nexus,” in Loch K. Johnson, ed., Strategic Intelligence, Volume 1: Understanding the Hidden Side of Government (Westport, CT: Prager, 2007), and Richard K. Betts, “Analysis, War, and Decision: Why Intelligence Failures Are Inevitable,” World Politics, Vol. 30, No. 1 (October 1978), pp. 61–89. 23. Letter from Barry A. Zulauf, IC Analytic Ombudsman, Office of the Director of National Intelligence, to Senator Marco Rubio, Acting Chairman, and Senator Mark Warner, Vice Chairman, Select Committee on Intelligence, U.S. Senate, “RE: SSCI #2020-3029,” January 6, 2021, https://int.nyt.com/data/documenttools/ ic-ombudsman-election-interference-with-responses/c50e548011fd6168/full.pdf (accessed March 14, 2023). 24. Joshua Rovner, Fixing the Facts: National Security and the Politics of Intelligence (Ithaca, NY: Cornell University Press, 2011), pp. 30–31. 25. Joshua Rovner, “Is Politicization Ever a Good Thing?” Intelligence and National Security, Vol. 28, No. 1 (2013), p. 58. 26. S. 1566, Foreign Intelligence Surveillance Act of 1978, Public Law No. 95-511, 95th Congress, October 25, 1978, https://www.govinfo.gov/content/pkg/STATUTE-92/pdf/STATUTE-92-Pg1783.pdf (accessed March 6, 2023). 27. The Cipher Brief, “702 Reauthorization: Defending a Key Intelligence Tool,” remarks of Benjamin Powell, former General Counsel to the Director of National Intelligence, stating that FISA 702 provides “between 40 and 60 percent” of the intelligence in the PDB, December 18, 2017, https://www.youtube.com/ watch?v=mRJ09GHVRFk&ab_channel=TheCipherBrief (accessed March 18, 2023). 28. An intelligence alliance that includes Australia, Canada, New Zealand, the United Kingdom, and the United States. Office of the Director of National Intelligence, National Counterintelligence and Security Center, “Five Eyes Intelligence Oversight and Review Council (FIORC),” https://www.dni.gov/index.php/ncsc-how-we- work/217-about/organization/icig-pages/2660-icig-fiorc (accessed March 10, 2023). 29. Porter, “Seven Questions the Next President Will Need the Intelligence Community to Answer to Win the Technology Competition with China.” 30. H.R. 1591, An Act to Require the Registration of Certain Persons Employed by Agencies to Disseminate Propaganda in the United States and for Other Purposes, Public Law No. 75-583, 75th Congress, June 8, 1938, https://govtrackus.s3.amazonaws.com/legislink/pdf/stat/52/STATUTE-52-Pg631.pdf (accessed March 6, 2023). 31. Kristina Wong, “Exclusive: Former DNI John Ratcliffe Pleased CIA Following His Lead on China Threat,” Breitbart, October 13, 2021, https://www.breitbart.com/politics/2021/10/13/exclusive-john-ratcliffe-pleased- cia-following-lead-china-threat/ (accessed March 11, 2023). 32. H.R. 4628, Intelligence Authorization Act for Fiscal Year 2003, Public Law No. 107-306, 107th Congress, November 27, 2002, Title IX, https://www.govinfo.gov/content/pkg/STATUTE-116/pdf/STATUTE-116-Pg2383.pdf (accessed March 6, 2023). 33. President George W. Bush, Executive Order 13354, “National Counterterrorism Center,” August 27, 2004, in Federal Register, Vol. 69, No. 169 (September 1, 2004), pp. 53589–53592, https://www.govinfo.gov/content/ pkg/FR-2004-09-01/pdf/04-20050.pdf (accessed March 6, 2023). 34. Office of the Director of National Intelligence, National Counterintelligence and Security Center, “Who We Are: History of NCSC,” https://www.dni.gov/index.php/ncsc-who-we-are/ncsc-history (accessed March 11, 2023). 35. Gregory F. Treverton and C. Bryan Gabbard, Assessing the Tradecraft of Intelligence Analysis, RAND Corporation, National Security Research Division Technical Report, 2008, p. 6, https://www.rand.org/pubs/ technical_reports/TR293.html (accessed March 1, 2023).

— 233 — Intelligence Community 19. Michael E. DeVine, “Covert Action and Clandestine Activities of the Intelligence Community: Selected Definitions,” Congressional Research Service Report for Members and Committees of Congress No. R45175, updated November 29, 2022, https://sgp.fas.org/crs/intel/R45175.pdf (accessed February 24, 2023). 20. H.R. 2663, Central Intelligence Agency Act of 1949, Public Law No. 81-110, 81st Congress, June 20, 1949, https:// govtrackus.s3.amazonaws.com/legislink/pdf/stat/63/STATUTE-63-Pg208.pdf (accessed March 6, 2023). 21. Nicole Ogrysko, “Intelligence Community Workforce Is More Diverse, but Still Struggles with Retention and Promotion,” Federal News Network, October 27, 2021, https://federalnewsnetwork.com/workforce/2021/10/ intelligence-community-workforce-is-more-diverse-but-still-struggles-with-retention-and-promotion/ (accessed March 18, 2023). 22. See James J. Wirtz, “The Intelligence Policy Nexus,” in Loch K. Johnson, ed., Strategic Intelligence, Volume 1: Understanding the Hidden Side of Government (Westport, CT: Prager, 2007), and Richard K. Betts, “Analysis, War, and Decision: Why Intelligence Failures Are Inevitable,” World Politics, Vol. 30, No. 1 (October 1978), pp. 61–89. 23. Letter from Barry A. Zulauf, IC Analytic Ombudsman, Office of the Director of National Intelligence, to Senator Marco Rubio, Acting Chairman, and Senator Mark Warner, Vice Chairman, Select Committee on Intelligence, U.S. Senate, “RE: SSCI #2020-3029,” January 6, 2021, https://int.nyt.com/data/documenttools/ ic-ombudsman-election-interference-with-responses/c50e548011fd6168/full.pdf (accessed March 14, 2023). 24. Joshua Rovner, Fixing the Facts: National Security and the Politics of Intelligence (Ithaca, NY: Cornell University Press, 2011), pp. 30–31. 25. Joshua Rovner, “Is Politicization Ever a Good Thing?” Intelligence and National Security, Vol. 28, No. 1 (2013), p. 58. 26. S. 1566, Foreign Intelligence Surveillance Act of 1978, Public Law No. 95-511, 95th Congress, October 25, 1978, https://www.govinfo.gov/content/pkg/STATUTE-92/pdf/STATUTE-92-Pg1783.pdf (accessed March 6, 2023). 27. The Cipher Brief, “702 Reauthorization: Defending a Key Intelligence Tool,” remarks of Benjamin Powell, former General Counsel to the Director of National Intelligence, stating that FISA 702 provides “between 40 and 60 percent” of the intelligence in the PDB, December 18, 2017, https://www.youtube.com/ watch?v=mRJ09GHVRFk&ab_channel=TheCipherBrief (accessed March 18, 2023). 28. An intelligence alliance that includes Australia, Canada, New Zealand, the United Kingdom, and the United States. Office of the Director of National Intelligence, National Counterintelligence and Security Center, “Five Eyes Intelligence Oversight and Review Council (FIORC),” https://www.dni.gov/index.php/ncsc-how-we- work/217-about/organization/icig-pages/2660-icig-fiorc (accessed March 10, 2023). 29. Porter, “Seven Questions the Next President Will Need the Intelligence Community to Answer to Win the Technology Competition with China.” 30. H.R. 1591, An Act to Require the Registration of Certain Persons Employed by Agencies to Disseminate Propaganda in the United States and for Other Purposes, Public Law No. 75-583, 75th Congress, June 8, 1938, https://govtrackus.s3.amazonaws.com/legislink/pdf/stat/52/STATUTE-52-Pg631.pdf (accessed March 6, 2023). 31. Kristina Wong, “Exclusive: Former DNI John Ratcliffe Pleased CIA Following His Lead on China Threat,” Breitbart, October 13, 2021, https://www.breitbart.com/politics/2021/10/13/exclusive-john-ratcliffe-pleased- cia-following-lead-china-threat/ (accessed March 11, 2023). 32. H.R. 4628, Intelligence Authorization Act for Fiscal Year 2003, Public Law No. 107-306, 107th Congress, November 27, 2002, Title IX, https://www.govinfo.gov/content/pkg/STATUTE-116/pdf/STATUTE-116-Pg2383.pdf (accessed March 6, 2023). 33. President George W. Bush, Executive Order 13354, “National Counterterrorism Center,” August 27, 2004, in Federal Register, Vol. 69, No. 169 (September 1, 2004), pp. 53589–53592, https://www.govinfo.gov/content/ pkg/FR-2004-09-01/pdf/04-20050.pdf (accessed March 6, 2023). 34. Office of the Director of National Intelligence, National Counterintelligence and Security Center, “Who We Are: History of NCSC,” https://www.dni.gov/index.php/ncsc-who-we-are/ncsc-history (accessed March 11, 2023). 35. Gregory F. Treverton and C. Bryan Gabbard, Assessing the Tradecraft of Intelligence Analysis, RAND Corporation, National Security Research Division Technical Report, 2008, p. 6, https://www.rand.org/pubs/ technical_reports/TR293.html (accessed March 1, 2023). — 234 — Mandate for Leadership: The Conservative Promise 36. Letter from Barry A. Zulauf, IC Analytic Ombudsman, Office of the Director of National Intelligence, to Senator Marco Rubio, Acting Chairman, and Senator Mark Warner, Vice Chairman, Select Committee on Intelligence, U.S. Senate, “RE: SSCI #2020-3029,” January 6, 2021, https://int.nyt.com/data/documenttools/ ic-ombudsman-election-interference-with-responses/c50e548011fd6168/full.pdf (accessed March 6, 2023). 37. “Independent IC Analytic Ombudsman’s [Report] on Politicization of Intelligence,” attached to January 6, 2021, Zulauf letter. 38. President Barack Obama, Executive Order 13526, “Classified National Security Information,” December 29, 2009, in Federal Register, Vol. 75, No. 2 (January 5, 2010), pp. 707–731, https://www.govinfo.gov/content/pkg/ FR-2010-01-05/pdf/E9-31418.pdf (accessed March 7, 2023). 39. President Barack Obama, Executive Order 13556, “Controlled Classified Information,” November 4, 2010, in Federal Register, Vol. 75, No. 216 (November 9, 2010), pp. 68675–68677, https://www.govinfo.gov/content/ pkg/FR-2010-11-09/pdf/2010-28360.pdf (accessed March 7, 2023). 40. Agathe Demarais, “How the U.S.–Chinese Technology War Is Changing the World,” Foreign Policy, November 19, 2022, https://foreignpolicy.com/2022/11/19/demarais-backfire-sanctions-us-china-technology-war- semiconductors-export-controls-biden/ (accessed February 28, 2023). 41. Scott Stewart, “The Risk to Undercover Operatives in the Digital Age,” Stratfor Worldview, October 29, 2015, https://worldview.stratfor.com/article/risk-undercover-operatives-digital-age (accessed February 24, 2023). 42. Lauren Pitruzzello, “Human Intelligence: Former CIA Officer Talks About Espionage in the Digital Age, University of Delaware UDaily, March 22, 2012, https://www1.udel.edu/udaily/2012/mar/global-agenda- grenier-032212.html (accessed February 24, 2023). 43. Jenna McLaughlin and Zach Dorfman, “‘Shattered’: Inside the Secret Battle to Save America’s Undercover Spies in the Digital Age,” Yahoo News, December 30, 2019, https://news.yahoo.com/shattered-inside- the-secret-battle-to-save-americas-undercover-spies-in-the-digital-age-100029026.html (accessed February 24, 2023). 44. U.S. Federal Trade Commission, “U.S.–Safe Harbor Framework,” https://www.ftc.gov/business-guidance/ privacy-security/us-eu-safe-harbor-framework (accessed March 11, 2023). 45. “Fact Sheet: Overview of the EU–U.S. Privacy Shield Network,” U.S. Department of Commerce, https://2014-2017.commerce.gov/sites/commerce.gov/files/media/files/2016/eu-us_privacy_shield_fact_ sheet.pdf (accessed March 11, 2023). 46. “Fact Sheet: United States and European Commission Announce Trans-Atlantic Data Privacy Framework,” The White House, March 25, 2022, https://www.whitehouse.gov/briefing-room/statements-releases/2022/03/25/ fact-sheet-united-states-and-european-commission-announce-trans-atlantic-data-privacy-framework/ (accessed March 11, 2023). 47. President Joseph R. Biden Jr., Executive Order 14086, “Enhancing Safeguards for United States Signals Intelligence Activities,” October 7, 2022, in Federal Register, Vol. 87, No. 198 (October 14, 2022), pp. 62283– 62297, (accessed March 7, 2023). 48. Warren P. Strobel, “Release of Ukraine Intelligence Represents New Front in U.S. Information War with Russia,” The Wall Street Journal, updated April 4, 2022, https://www.wsj.com/articles/release-of-secrets-represents- new-front-in-u-s-information-war-with-russia-11649070001 (accessed February 24, 2023). 49. President Joseph R. Biden Jr., “National Security Memorandum on Promoting United States Leadership in Quantum Computing While Mitigating Risks to Vulnerable Cryptographic Systems,” The White House, May 4, 2022, https://www.whitehouse.gov/briefing-room/statements-releases/2022/05/04/national-security- memorandum-on-promoting-united-states-leadership-in-quantum-computing-while-mitigating-risks- to-vulnerable-cryptographic-systems/#:~:text=To%20mitigate%20this%20risk%2C%20the%20United%20 States%20must,the%20quantum%20risk%20as%20is%20feasible%20by%202035 (accessed March 12, 2023). See also President Joseph R. Biden Jr., Executive Order 14073, “Enhancing the National Quantum Initiative Advisory Committee,” May 4, 2022, in Federal Register, Vol. 87, No. 89 (May 9, 2022), pp. 27909–27911, https:// www.govinfo.gov/content/pkg/FR-2022-05-09/pdf/2022-10076.pdf (accessed March 12, 2023); and “Fact Sheet: President Biden Announces Two Presidential Directives Advancing Quantum Technologies,” The White House, May 4, 2022, https://www.whitehouse.gov/briefing-room/statements-releases/2022/05/04/fact- sheet-president-biden-announces-two-presidential-directives-advancing-quantum-technologies/ (accessed March 12, 2023).