[Congressional Record Volume 148, Number 118 (Wednesday, September 18, 2002)]
[Senate]
[Page S8758]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD:
  S. 2956. A bill to require the Secretary of Homeland Security to 
submit a semi-annual report to Congress regarding the effectiveness 
with which information is exchanged between the Department of Homeland 
Security, the Federal Bureau of Investigation, and State and local law 
enforcement authorities; to the Committee on the Judiciary.
  Mr. FEINGOLD. Mr. President, first let me commend the Chairman and 
Ranking Member of the Governmental Affairs Committee for all of their 
efforts in crafting the Homeland Security measure before the Senate 
today.
  As I have listened to the various proposals to create a Department of 
Homeland Security one of my primary concerns is what are we going to do 
to improve the role of the FBI as an intelligence gathering agency. I 
rise today to introduce legislation on this matter, and I send a copy 
of this legislation to the desk.
  I also rise to offer the same legislation as an amendment to the 
Homeland Security bill, and I send a copy of the amendment to the desk.
  The need for this amendment is clear. We have heard, over and over 
again, that one of the chief purposes of the new Department is to 
enable one agency to serve as a central clearinghouse for all terrorism 
related information, regardless of the source. For the consumers of 
intelligence information, like the Department of Homeland Security, it 
should not matter whether the information comes from a CIA agent in the 
Middle East, an FBI agent listening to a wire-tap from overseas or a 
cop on a street corner in New York City.
  I am concerned that we have not done enough to insure that the 
relevant information gathered by the FBI is passed on to those who can 
analyze it and evaluate a potential threat against our Nation's safety. 
Simply put, I wonder about what type of information the FBI will be 
providing to the new Department and what the new Department will do 
with the information. I am concerned about the lack of policies and 
procedures in place for the new Department to request follow-up 
investigation from the FBI and local law enforcement.
  I have offered this amendment, entitled the Intelligence Analysis 
Reporting Act of 2002, to assist Congress in determining if the 
division of investigative responsibilities between the Department of 
Homeland Security and the FBI is working effectively. This amendment 
will provide Congress with the information necessary to determine if 
the FBI is taking competent steps to provide information to the new 
Department and to respond to intelligence requests in a useful manner.
  Presently, the FBI does not have the technological nor personnel 
capacity to provide information to the Department of Homeland Security 
or to any other intelligence agency in a highly useful form. This is 
because criminal investigations, which involve grand jury testimony, 
witness interviews and wire-taps, are not conducive to the standards of 
intelligence gathering which require some sifting of the material 
before it is disseminated to consumers like a Department of Homeland 
Security.
  This amendment would require the new Department to report to Congress 
on policies and procedures implemented to insure that it can adequately 
request information and investigation from the FBI and local law 
enforcement. In addition, it requires the Department of Homeland 
Security to report on what types of intelligence information have been 
turned over such as summary interviews, transcripts and warrants from 
the FBI and other law enforcement agencies.
  I firmly believe that no matter how many agencies are moved into a 
Department of Homeland Security or how much money we spend on putting 
up a new building, the only test of our success will be how effective 
we are in protecting ourselves against future threats. This amendment 
will allow us to determine if the critical intelligence information we 
need to prevent a possible attack is being provided to people at the 
Department of Homeland Security who can act on it promptly and 
effectively.
  I urge my colleagues to support this measure.
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