From the Senate Reports Online via GPO Access
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Calendar No. 543
104th Congress Report
SENATE
2d Session 104-337
_______________________________________________________________________
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1997
__________
R E P O R T
of the
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
to accompany
S. 1718
TO AUTHORIZE APPROPRIATIONS FOR FISCAL YEAR 1997 FOR INTELLIGENCE AND
INTELLIGENCE-RELATED ACTIVITIES OF THE UNITED STATES GOVERNMENT, THE
COMMUNITY MANAGEMENT ACCOUNT, AND FOR THE CENTRAL INTELLIGENCE AGENCY
RETIREMENT AND DISABILITY SYSTEM, AND FOR OTHER REASONS
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
July 29, 1996.--Ordered to be printed
COMMITTEE ON GOVERNMENTAL AFFAIRS
TED STEVENS, Alaska, Chairman
JOHN GLENN, Ohio WILLIAM V. ROTH, Jr., Delaware
SAM NUNN, Georgia WILLIAM S. COHEN, Maine
CARL LEVIN, Michigan FRED THOMPSON, Tennessee
DAVID PRYOR, Arkanas PETE V. DOMENICI, News Mexico
JOSEPH I. LIEBERMAN, Connecticut THAD COCHRAN, Mississippi
DANIEL K. AKAKA, Hawaii JOHN McCAIN, Arizona
BYRON L. DORGAN, North Carolina BOB SMITH, New Hampshire
Albert L. McDermott, Staff
Director
John Roots, Legislative Attorney
Greg Hetzler, Legislative Fellow
Leonard Weiss, Minority Staff
Director
Michal Sue Prosser, Chief Clerk
Calendar No. 543
104th Congress Report
SENATE
2d Session 104-337
_______________________________________________________________________
TO AUTHORIZE APPROPRIATIONS FOR FISCAL YEAR 1997 FOR INTELLIGENCE AND
INTELLIGENCE-RELATED ACTIVITIES OF THE UNITED STATES GOVERNMENT
_______
July 29, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Stevens, from the Committee on Governmental Affairs, submitted the
following
R E P O R T
[To accompany S. 1718]
The Senate Committee on Governmental Affairs, to which was
referred the bill (S. 1718) having considered the same, reports
favorably thereon with amendments and recommends that the bill
as amended do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Scope of Committee Review........................................2
III. Glenn Amendment..................................................2
IV. Inspectors General...............................................2
V. Committee Action.................................................4
VI. Estimates of Costs...............................................4
VII. Changes in Existing Law..........................................4
VIII.Regulatory Impact for Legislation................................4
i. purpose and summary
S. 1718, as reported from the Governmental Affairs
Committee, would authorize appropriations for fiscal year 1997
for intelligence and intelligence-related activities of the
United States Government, including certain activities within
the jurisdiction of the Governmental Affairs Committee.
The Senate Select Committee on Intelligence reported the
bill on April 30, 1996. It was referred to the Senate Committee
on Armed Services on May 2, 1996, in accordance with section
3(b) of Senate Resolution 400, 94th Congress. At the request of
the Senate Committee on Governmental Affairs, S. 1718 was, on
June 6, 1996, referred to this committee for a thirty-session
day period.
ii. scope of committee review
The committee requested an opportunity to review those
provisions of S. 1718 which addressed Federal government
organization. In broad terms this included provisions to create
a commission to assess government structure and efficiency
relating to non-proliferation and a new senior executive
service for the intelligence community. The committee also
noted language in the report accompanying S. 1718 which
suggested a lack of effective coordination on joint matters by
the various inspectors general (IGs) in those agencies
comprising the intelligence community. After careful review of
S. 1718, including extensive discussions with the staffs of
both the Armed Services and Intelligence Committees, the
Governmental Affairs Committee voted to report the bill
favorably, with amendments, on July 25. This is prior to the
expiration of the 30 days of session allotted in Senate
Resolution 400 for consideration upon referral.
On June 6, 1996, the Senate Armed Services Committee
published its report (104-277) on S. 1718 and suggested several
amendments, one of which strike the concept of a new senior
executive service personnel program for the intelligence
community. As noted in the Armed Services Committee report a
number of provisions in S. 1718 would shift authority over DOD
intelligence assets from the Secretary of Defense (SecDef) to
the Director of Central Intelligence (DCI). Most of these
provisions were amended by the Armed Services Committee and
eventual compromises negotiated between them and the
Intelligence Committee.
On June 11, the Intelligence Committee published its report
(104-278) on S. 1745, the Department of Defense Authorization
bill, agreeing to the Armed Services Committee reommendation to
strike the new senior excutive service personnel program
language.
The Governmental Affairs Committee only addressed issues
within our jurisdication; however, we fully concur in all the
changes recommended by the Armed Services Committee including
its recommendation to strike all language establishing a new
senior executive service peronnel program for the intelligence
community.
iii. glenn amendment
Senator Glenn's amendment to S. 1718 (1) provides more
specificity as to the qualifications of commission members; (2)
enumerates how the commission will assess the effectiveness of
the U.S. cooperation with other countries with respect to
nonproliferation activities; and (3) calls on the commission to
address export controls, funding, information flow, and the
organization of counterproliferation activities of the U.S.,
among other issues. The committee voted to report the bill with
this amendment.
iv. inspectors general
An earlier draft version of the Intelligence Authorization
Bill contained language which would have broadened the role of
the CIA's Inspector General to act, in effect, as an inspector
general for the entire intelligence community. That version of
the bill would have included in the duties of the CIA IG the
duty inter alia to ``(a) identify to the Director programs and
operations conducted by elements of the intelligence community
as appropriate subjects for inspections, investigations and
audits''; and (b) upon the request of the Director, or his
designee, arrange for and coordinate the conduct of'' these
reviews, as well as ``(c) establish standards for the staffs
and products of the inspectors general of the elements of the
intelligence community.'' The Intelligence Committee felt there
was a need to establish a central point of coordination or
accountability for intelligence community IG issues. Better
arrangements exist for coordinating interagency IG activities
than empowering one of the concerned IGs to act as the central
point of contact for intelligence matters. The Intelligence
Committee, following a discussion with the staff of the
Governmental Affairs Committee, subsequently agreed to drop
this provision from their bill; however, their committee report
still expresses concerns over the IGs' ability to conduct or
coordinate activities involving intelligence matters.
As the committee charged with the oversight of the
statutory inspectors general, we have found no evidence
indicating Congress should take the extraordinary step of
creating a ``community'' inspector general. This would be
analogous to empowering the Justice Department IG to act as
coordinator and central point of contact on all IG matters
involving the law enforcement ``community'' which, like the
intelligence community, consists of various organizations
spread across more than one department.
This committee has heard from a number of the inspectors
general in departments and agencies comprising the intelligence
community expressing concern over several issues raised in the
Intelligence Committee report. These are: the suggestion by the
Intelligence Committee of a lack of effective coordination
between intelligence community IGs, lack of consistent IG
coverage of high risk or high dollar intelligence programs,
lack of effective management support and attention to the IGs
and their products and recommendations, and inconsistent
training and professional standards for IG employees. In
addition, the Intelligence Committee noted that concerns have
been expressed by intelligence officials outside the IG
community regarding the professionalism, experience, and
training of the IG staffs. The IGs expressed their view that
these concerns were for the most part unfounded.
In our view adequate mechanisms for coordinating
interagency IG activities already exist. We reference the
August 1994 establishment of the DOD/CIA Intelligence Inspector
General Forum (the Forum) created to ensure adequate coverage
of topics and issues involving interagency functions and
programs. In addition, the President's Council on Integrity and
Efficiency (PCIE), comprised of representatives from the
Statutory IGs, has the responsibility for coordinating
interagency IG activities throughout the Federal Government.
The Government Affairs Committee has been in dialogue with the
Office of Management and Budget with a view toward formalizing
a PCIE mechanism made up of statutory IG representatives from
all those agencies and departments comprising the intelligence
community. We believe this would be the proper venue for
coordinating joint IG activities involving those intelligence
community agencies outside DOD and CIA.
The Intelligence Committee report calls for the thirteen
intelligence community IGs (Department of Defense, Central
Intelligence Agency, Department of Justice, Defense
Intelligence Agency, Central Imagery Office, Department of
Energy, Department of State, Department of the Treasury, the
Military Services, National Reconnaissance Office, and National
Security Agency) to provide by January 15, 1997, a report to
the committees describing the reviews involving joint
intelligence issues in which they have participated since
January 1, 1994. Copies of those reports should also be
provided to the Governmental Affairs Committee as the oversight
committee for the statutory inspectors general.
v. committee action
On July 25, 1996, the Senate Governmental Affairs Committee
held a markup on S. 1718. Senator Glenn's amendment was
approved by roll call vote of seven to six. The following
Senators were recorded as voting aye: Cohen (by proxy), Glenn,
Levin, Pryor (by proxy), Lieberman (by proxy), Akaka (by
proxy), and Dorgan. The following Senators were recorded as
voting no: Stevens, Roth (by proxy), Thompson, Cochran, McCain,
and Smith. A voice vote then occurred on the motion to report
S. 1718, as amended by the Glenn Amendment, from the
Governmental Affairs Committee.
vi. estimates of costs
The committee finds no changes in the estimate of costs as
a result of these amendments.
vii. changes in existing law
Pursuant to the provisions of paragraph 12 of rule XXVI of
the Standing Rules of the Senate, the changes in existing law
made by certain portions of the bill have not been shown in
this section of the report because, in the opinion of the
committee, it is necessary to dispense with showing such
changes in order to expedite the business of the Senate and
reduce the expenditure of funds.
viii. regulatory impact of legislation
Paragraph 11(b)(1) of rule XXVI of the Standing Rules of
the Senate requires that each report accompanying a bill
evaluate ``the regulatory impact which would be incurred in
carrying out the bill.'' The enactment of this legislation
would not have a significant regulatory impact.
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