106th Congress Report
SENATE
2d Session 106-325
_______________________________________________________________________
INTELLIGENCE AUTHORIZATION ACT FOR FY 2001
_______
June 29, 2000.--Ordered to be printed
Mr. Warner , from the Committee on Armed Services, submitted the
following
REPORT
[To accompany S. 2507]
The Committee on Armed Services, to which was referred the bill (S.
2507) to authorize appropriations for fiscal year 2001 for intelligence
and intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes, having
considered the same, reports favorably thereon with amendments and
recommends that the bill as amended do pass.
PURPOSE OF THE BILL
S. 2507 would authorize appropriations and other matters for Fiscal
Year 2001 for intelligence activities of the United States, including
certain Department of Defense intelligence related activities within the
jurisdiction of the Senate Armed Services Committee ( SASC).
The Senate Select Committee on Intelligence (SSCI) reported the bill
on May 4, 2000, and it was referred to the Committee on Armed Services
in accordance with section 3(b) of Senate Resolution 400, 94th Congress.
SCOPE OF COMMITTEE REVIEW
The committee conducted a detailed review of the intelligence
community authorization request for Fiscal Year 2001. The committee
conducted hearings and met with the Chairman and Vice Chairman of the
Senate Select Committee on Intelligence.
The committee has carefully reviewed the report of the Select
Committee on Intelligence (S. Rept. 106-279) and has incorporated the
relevant budget decisions of the SSCI into S. 2549, the National Defense
Authorization Act for Fiscal Year 2001, which the SASC reported to the
Senate on May 12, 2000.
The following explains the committee's proposed amendments to the
bill as reported by the SSCI, as well as the committee's clarification
to the report issued by the SSCI.
Two year extension of authority to engage in commercial
activities as security for intelligence collection activities
Section 431(a) of Title 10, United States Code (USC), authorizes the
Secretary of Defense to authorize the conduct of those commercial
activities necessary to provide security for authorized intelligence
collection activities abroad undertaken by the Department of Defense.
Section 501 of S. 2507, as reported by the SSCI, would extend this
authority by two years. The SASC has no objection to such an extension
of authority. As a matter of committee jurisdiction, however, the SASC
insists that amendments to Title 10, USC, be included in the Defense
Authorization Act, not in the Intelligence Authorization Act. Therefore,
the SASC proposes an amendment to S. 2507 as reported by the SSCI to
strike section 501. The SASC intends, with the approval of the Senate,
to include an identical provision in S. 2549.
Nuclear test monitoring equipment
Section 502 of S. 2507, as reported by the SSCI, would amend
subchapter II of chapter 138 of Title 10, USC, by providing the
Secretary of Defense with authority to convey or otherwise provide to a
foreign government equipment for monitoring nuclear test explosions and
to install such equipment on foreign territory. Section 1206 of S. 2549
would provide similar authority, as well as other authorities, for DOD
to manage this effort. Therefore, the SASC recommends an amendment to
strike section 502 of S. 2507, as reported by the SSCI. The SASC intends
to work with the SSCI to reconcile any differences in policy between the
two committees on this matter prior to completion of the conference
report on the National Defense Authorization Act for Fiscal Year 2001.
Experimental personnel management program for technical
personnel for certain elements of the intelligence community
Section 503 of S. 2507, as reported by the SSCI, would authorize the
Director of Central Intelligence ( DCI) to carry out a program of
experimental use of special personnel management authority in order to
facilitate recruitment of eminent experts in science and engineering for
research and development projects administered by the National Security
Agency ( NSA), the National Reconnaissance Office ( NRO), the National
Imagery and Mapping Agency ( NIMA), and the Defense Intelligence Agency
( DIA). Since these are all defense agencies under the personnel
management system of the Department of Defense, the SASC objects to
granting such authority to the DCI. The Secretary of Defense has also
stated that such an approach "would take the unprecedented
step of authorizing the DCI to appoint personnel across Executive
Department lines to positions in DOD, without the Secretary of Defense's
approval or involvement. This is inconsistent with the Secretary's
responsibilities to manage the Department pursuant to 10 USC, section
113.'' The SASC recognizes the need for several of the intelligence
agencies to have special hiring authority for select cases involving
science and engineering specialties. Section 1113 of S. 2549 would
extend such authority to the Secretary of Defense for filling positions,
on a limited basis, in NSA and NIMA. For the reasons specified above,
the SASC recommends an amendment to strike section 503 of S. 2507, as
reported by the SSCI.
Prohibition on transfer of imagery analysts from General
Defense Intelligence Program to National Imagery and Mapping Agency
Program
The SSCI report would direct the transfer of imagery analysts and
systems support personnel from the General Defense Intelligence Program
( GDIP) to the National Imagery and Mapping Agency Program ( NIMAP).
According to the Secretary of Defense: "The Combatant Commanders are
unanimous in their opposition to this proposal, citing it as unnecessary
and detrimental to the accomplishment of their missions.'' The SASC
agrees that the Combatant Commanders need to retain control of these
imagery analysts and support personnel. The overall allocation of
imagery analysts was evaluated in 1996 when NIMA was established. There
were good and sufficient reasons for those original decisions made in
consolidating imagery professionals. Therefore, the SASC recommends an
amendment that would prohibit the proposed transfer. However, the SASC
does agree that it would be appropriate for the Secretary of Defense to
assess options for strengthening the role of the NIMA Director as
functional manager for imagery and geospacial programs. Therefore, the
amendment proposed by the SASC would require the Secretary of Defense,
in consultation with the DCI, to conduct such an assessment. The SASC
believes that it may be possible for NIMA to assume overall control of
those imagery analysts currently funded in the GDIP, while allowing the
Combatant Commanders to retain day-to-day operational control over such
personnel, similar to the current arrangement for signals intelligence
personnel. The SASC directs the Secretary of Defense to evaluate such an
option and include an evaluation of this option in his report on
strengthening NIMA's authority.
Prohibition on transfer of collection management personnel
from General Defense Intelligence Program to Community Management
Account
The SSCI report would direct a transfer of resources and personnel
who are performing multidiscipline requirements management and tasking
from the GDIP to the Community Management Account. According to the
Secretary of Defense: "The assets affected by this proposed move are
the assets that function as my Intelligence Collection Manager, serving
as the focal point for all DOD requirements. This move will restrict our
intelligence efforts.'' The DCI has also registered objection to this
transfer. The SASC agrees with these assessments and recommends an
amendment that would prohibit the transfer of collection management
personnel from the GDIP to the Community Management Account.
Authorized personnel ceiling for General Defense Intelligence Program
The SSCI report would reduce funds available for GDIP military pay
and would mandate a significant overall endstrength reduction of billets
credited against the GDIP. The SASC understands the SSCI's concern
regarding the fill rate for personnel funded in the GDIP. The SASC
notes, however, that fill rates below fully authorized levels is common
throughout the Department of Defense. The GDIP does not appear to be
suffering personnel fill levels significantly below other comparable
agencies. Nonetheless, the SASC agrees that the issue of fill rates at
intelligence agencies in the Department of Defense should be assessed to
determine whether these agencies can achieve higher personnel levels.
Therefore, the committee directs the Secretary of Defense to conduct an
assessment of all intelligence agencies within the Department of Defense
to determine whether their personnel fill rates can be improved. A
report on this assessment shall be submitted to the congressional
defense and intelligence committees not later than April 1, 2001. The
SASC, however, opposes the SSCI recommendation to cut GDIP billets.
According to the Secretary of Defense: "The loss of the billets and pay
would materially reduce DIA's military intelligence collection,
processing, and reporting capabilities, and a realignment of billets and
pay would undermine severely the Department's accounting procedures.''
The SASC is concerned that reducing the personnel ceiling will not fix
the fill rate problem, but would more likely just establish a lower
ceiling against which unchanged fill rates would be applied. This
outcome would certainly result in a severe reduction in personnel
available to satisfy important DIA requirements. Therefore, the SASC
recommends an amendment that would restore the billets proposed to be
cut and transferred by the SSCI.
Measurement and Signature Intelligence
The SSCI report would require that the DCI conduct a study of the
utility and feasibility of various options for improving the management
and organization of measurement and signature intelligence ( MASINT).
The SASC agrees that such a review is necessary, but is concerned that
the SSCI language excludes the Secretary of Defense, who has a
significant role in the area of MASINT. Therefore, the SASC recommends
an amendment that would require that the DCI conduct such a review, in
coordination with the Secretary of Defense.
Defense Attache System
The SSCI report would require a significant cut in the budget request
for Defense Attache System funding intended to be used for expansion
into regional hot spots. The SASC is concerned that reducing the planned
increase in defense HUMINT capabilities would be unwise, particularly at
a time of increasing tension around the globe. The SASC urges the SSCI
to reconsider its proposal and to support full funding for the Defense
Attache System in conference.
National Reconnaissance Office operational support
The SSCI would reduce funds for the NRO's operational support
program. Such funds are used to provide training for the warfighter on
NRO systems. As the Secretary of Defense has stated: "The
Commanders-in-Chief and other Defense activities that receive support
through this program consider NRO personnel an invaluable, integrated
component of their multidiscipline intelligence terms.'' The SASC
strongly supports the NRO's efforts to provide space support to the
warfighter, and urges the SSCI to support full funding of the NRO's
budget request for operational support in conference.
COMMITTEE ACTION
In accordance with the Legislative Reorganization Act of 1946, as
amended by the Legislative Reorganization Act of 1970, the committee
approved a motion to report favorably to the Senate S. 2507 with
amendments.
FISCAL DATA
The Committee will publish in the Congressional Record information on
five-year cost projections when such information is received from the
Congressional Budget Office.
REGULATORY IMPACT
Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate
requires that a report on the regulatory impact of a bill be included in
the report on the bill. The Committee finds that there is no regulatory
impact in the cost of S. 2507.
COMMENTS FROM THE EXECUTIVE BRANCH
On June 28, 2000, the committee received a letter from the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff regarding S.
2507, among other things. A copy of this letter appears below.
Hon. John W. Warner,
Chairman, Committee on Armed Services,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: As the Congress considers the FY 2001
Intelligence Authorization legislation, we want to highlight for you
several issues within the House and Senate bills to which we must
object. We are very concerned about the potential negative impact of
several fiscal marks and language on defense intelligence, and we are
deeply troubled by language that would limit our abilities to execute
responsibilities in support of military operations.
Transfer Authority of the Director of Central Intelligence ( DCI):
The House Permanent Select Committee on Intelligence ( HPSCI) recommends
an amendment to section 104(d)(1) of the National Security Act of 1947
that both interferes with the Secretary's ability to object to the
movement of DoD NFIP funds and personnel and restricts the Secretary's
authority to delegate. The proposed language would allow the DCI or his
delegated representative to effect changes to DoD NFIP programs unless
the Secretary of Defense objects in writing. Further, it would limit the
Secretary's authority to delegate such objections only to the Deputy
Secretary. The requirement that such an objection be in writing is
unnecessarily onerous and the delegation restriction infringes upon the
Secretary's authority and responsibility to manage the Department, and
is inconsistent with the intent of 10 USC 113(d). We strongly urge that
Section 105 be deleted in its entirety and that we work together to
address any concerns of the Congress that produced this language.
Intelligence Community Communications Architect/Architecture: The
HPSCI mark directs the DCI to establish the position of Intelligence
Community Communications Architect, with a 30-person professional staff
with broad responsibilities for the development of a worldwide
intelligence community telecommunications architecture and network. The
HPSCI further recommends that $80M be transferred from NRO, NSA and DIA
to the Community Management Account to fund architectural efforts. This
unilateral and independent architectural office would seriously damage,
if not totally destroy, the efforts of the DoD Chief Information Officer
( CIO), who has ongoing activities with the IC and Defense Intelligence
Component CIO's to advance interoperability between and among
intelligence producers and consumers, and who has statutory
responsibilities under the Clinger-Cohen Act. The IC is an integral
mission partner in the DoD's Global Information Grid ( GIG) that is
being designed and implemented to address many of the concerns raised by
the committee. The HPSCI's marks will perturbate existing relationships
and potentially prevent pursuit of an efficient GIG strategy. We
strongly urge the conference committee to delete these marks in their
entirety and to reemphasize support for a DoD and DCI technological and
managerial partnership to address these issues.
Experimental Personnel Management Program: The Senate Select
Committee on Intelligence ( SSCI) proposes language that would take the
unprecedented step of authorizing the DCI to appoint personnel across
Executive Department lines to positions in the DoD, without the
Secretary of Defense's approval or involvement. This is inconsistent
with the Secretary's responsibilities to manage the Department pursuant
to 10 USC 113. We would welcome, however, legislation to increase the
statutory cap on Defense Intelligence Senior Executive Service
positions, contained in 10 U.S.C. 1606(a), from 493 to 517.
Collaboration: We very much appreciate the HPSCI's positive
assessment of the Department's Joint Intelligence Virtual Architecture (
JIVA) tool but we must oppose direction to transfer program oversight to
the DCI's ADCI/A&P and further believe it is premature to declare JIVA
the community standard for collaboration. we feel strongly that it would
be counter-productive both to prohibit further non-JIVA technology
pursuits and to remove the program from the DoD oversight that has made
it the success that the committee commends.
General Defense Intelligence Program (GDIP): The SSCI proposed
several reductions and realignments that would diminish Defense
Intelligence capabilities.
The SSCI recommends a reduction to GDIP military pay and further
recommends that over 1,000 billets not be credited against the GDIP. The
DIA accounts for military billets and pay in accordance with DoD policy.
The loss of billets and pay would materially reduce DIA's military
intelligence collection, processing, and reporting capabilities, and a
realignment of billets and pay would undermine severely the Department's
accounting procedures. We urge deletion of this language in its
entirety.
The SSCI recommends a transfer of resources and personnel who are
performing Multidiscipline Requirements Management and Tasking from the
GDIP to the Community Management Account. This is one of several
provisions that we find personally disturbing. It would appear the
committee is attempting to systematically dismantle organizations and
functions that are historically and inherently Defense Intelligence
activities and realign them to the DCI's Community Management Staff. The
assets affected by this proposed move are the assets that function as
Intelligence Collection Manager, serving as the focal point for all DoD
requirements. This move will restrict our intelligence efforts.
The SSCI recommends the transfer of imagery analysts and systems
support personnel and resources from the GDIP to the NIMA. These
resources provide direct support to the Service intelligence chiefs and
the Commanders of the Combatant Commands. At the formation of NIMA, the
Department made a conscious choice to exclude these resources from the
consolidation. The Combatant Commanders are unanimous in their
opposition to this proposal, citing it as unnecessary and detrimental to
the accomplishment of their missions. They are adamant that such a
transfer will deprive them of flexibility and undermine the unity of
control within the Combatant Commands. We oppose this provision.
The SSCI, in a mark entitled "Balancing DAO Collection
Capabilities,'' recommends a drastic cut to Defense Attache System
funding that reverses the planned expansion into regional hot spots. The
Committee is committed to sustaining and enhancing our ever increasingly
important global HUMINT capabilities. We have made great progress since
the consolidation of all Defense HUMINT activities in 1995 and
with continued congressional support we will continue to fine-tune our
capabilities. Contrary to the assertions in the committee report, we are
increasing our efforts against hard targets while at the same time
expanding our attache system in response to requirements identified by
the military theater Commanders-in-Chief. We urge restoration of these
funds and seek your continued support of this most critical discipline.
The SSCI eliminated all funds requested to design an addition to the
Defense Intelligence Analysis Center at Bolling Air Force Base. Our
desire and intent are to consolidate DIA Washington area personnel into
a single, secure facility on a military installation. Collocation
benefits from a business perspective are rather intuitive, but we must
also face the reality of the potential terrorism threat that our
intelligence personnel face every single day that they remain, in large
numbers, in unsecure leased commercial facilities. The committee notes
that the consolidation will not take place for several more years. We
sincerely wish that we could make it happen today, but we cannot. With
congressional support we can make it happen with all due haste. This cut
only serves to prolong the time required to adequately protect our
military and civilian personnel. We strongly urge restoration of the
requested funds.
National Imagery and Mapping Agency: The SSCI recommends a
redirection of funds within the National Imagery and Mapping Program to
boost funding for modernizing TPED functions within the U.S. Imagery and
Geospatial System. NIMA's FY 2001 budget request already includes
additional resources over last year's request, reflective of a community
commitment to modernizing USIGS. NIMA made the difficult internal
realignment decisions necessary to provide these additional funds. Any
further perturbation will degrade NIMA's ability to support both
national and tactical customers beyond already reduced levels. We
strongly urge that this provision be deleted and that the Director of
NIMA, in consultation with appropriate congressional committees, our
offices, and that of the DCI, be afforded an opportunity to implement
the difficult decisions that have already been reached.
National Reconnaissance Office: We urge the conference committee to
support the President's Budget request for the National Reconnaissance
Program and we specifically request your support on the following items
that impact Defense.
Both the SSCI and HPSCI directed cuts against the NRO's Operational
Support line. Operational Support funds provide training for the
warfighter on NRO systems and ensures rapid, two-way communication
between the warfighter and NRO management and ensure a high level of
fidelity in support to the operational commander. The NRO is to be
commended for deploying a first rate cadre of professionals who fully
interact and coordinate their activities with other intelligence agency
officers around the world. The Commanders-in-Chief and other Defense
activities that receive support through this program consider NRO
personnel an invaluable, integrated component of their multidiscipline
intelligence teams. We urge full restoration of the funds requested for
this activity.
The HPSCI zeroed the request for the Discoverer II program. This is a
critical demonstration program for the potential future of space-based
radar collection. It meets all technical objectives and provides a
necessary and timely step toward exploring new space sensing
capabilities that could be incorporated into any future space-based
radar system. An excellent partnership has been forged between the NRO,
Air Force, Army and DARPA that ensures this demonstration effort
addresses both military and national needs. We strongly urge full
funding of this program.
The HPSCI proposes language that prohibits the NRO from using Space
and Missile Systems Center contracts to acquire launch vehicles and
directs the NRO to assume direct responsibility and authority for their
procurement needs by contracting directly with industry. Certainly there
has been legitimate reason for concern in this arena, but we would urge
a new review that we are confident will reveal a much improved
management structure and contracting process that does not merit this
language. Both the mandates and proscriptions of the HPSCI language
could ultimately create inefficiencies of the very nature that the
committee seeks to prevent. We encourage the Congress to work with the
NRO to seek a satisfactory solution to its concerns and urge the
conference committee to remove this well-intentioned but
counterproductive provision.
National Security Agency: While we understand the HPSCI's concerns
about funding levels necessary to achieve successful NSA Transformation,
we are disturbed that the House has recommended significant changes to
NSA's Consolidated Cryptologic Program budget. We are convinced that the
budget presented, as modified by the NSA Business Plan, provides the
best plan for transformation given the 1-5 year change cycle required
for transformation, and provides the most flexibility for implementation
until early stage results are available. As such we object vigorously to
large-scale funding shifts that will damage the Department's and NSA's
ability to achieve their strategic goals. The House also included a
provision regarding NSA acquisition, which directs the DCI's Senior
Acquisition Executive to prepare a plan for review, approval, and
monitoring of NSA's modernization effort. The Department, specifically
the Office of Assistant Secretary of Defense for Command, Control,
Communications, and Intelligence, must be involved in this effort.
We appreciate your support and thank you for the opportunity to
convey our concerns to the House and Senate on the FY 2001 Intelligence
Authorization bills. We are sending identical letters to the Chairman
and Ranking Minority Members of the House Armed Services Committee, the
House and Senate Committees on Appropriations Subcommittees on Defense,
and House Permanent and Senate Select Committees on Intelligence.
Sincerely,
Henry H. Shelton,
Chairman of the Joint Chiefs of Staff.
William S. Cohen,
Secretary of Defense.
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.
