[Congressional Record: September 11, 2008 (Senate)]
[Page S8416-S8417]
SUBMITTED RESOLUTIONS
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SENATE RESOLUTION 655--TO IMPROVE CONGRESSIONAL OVERSIGHT OF THE
INTELLIGENCE ACTIVITIES OF THE UNITED STATES
Mr. BOND (for himself, Mr. Rockefeller, and Mr. Whitehouse) submitted
the following resolution; which was referred to the Committee on Rules
and Administration:
S. Res. 655
Whereas the Select Committee on Intelligence of the Senate
was created by Senate Resolution 400 in the 94th Congress to
oversee and make continuing studies of the intelligence
activities of the United States;
[[Page S8417]]
Whereas Senate Resolution 400 specifically required that
the Select Committee on Intelligence be composed of at least
two cross-over members, with one such member from each party,
from the Committee on Appropriations, the Committee on Armed
Services, Committee on Foreign Relations, and the Committee
on the Judiciary of the Senate, which would provide such
Committees with member insight into intelligence oversight
matters;
Whereas the National Commission on Terrorist Attacks Upon
the United States (referred to in this Resolution as the ``9/
11 Commission'') conducted a lengthy review of the facts and
circumstances relating to the terrorist attacks of September
11, 2001, including those relating to the intelligence
community, law enforcement agencies, and the role of
congressional oversight and resource allocation;
Whereas in its final report, the 9/11 Commission found that
under the Rules of the Senate and the House of
Representatives in effect at the time the report was
completed, the committees of Congress charged with oversight
of the intelligence activities lacked the power, influence,
and sustained capability to meet the daunting challenges
faced by the intelligence community of the United States;
Whereas in its final report, the 9/11 Commission further
found that as long as oversight is governed by such rules of
the Senate and the House of Representatives, the people of
the United States will not get the security they want and
need;
Whereas in its final report, the 9/11 Commission further
found that a strong, stable, and capable congressional
committee structure is needed to give the intelligence
community of the United States appropriate oversight,
support, and leadership;
Whereas in its final report, the 9/11 Commission further
found that the reforms recommended by the 9/11 Commission in
its final report will not succeed if congressional oversight
of the intelligence community in the United States is not
changed;
Whereas the 9/11 Commission recommended structural changes
to Congress to improve the oversight of intelligence
activities;
Whereas Congress has enacted some of the recommendations
made by the 9/11 Commission and is considering implementing
additional recommendations of the 9/11 Commission;
Whereas the Senate adopted Senate Resolution 445 in the
108th Congress to address some of the intelligence oversight
recommendations of the 9/11 Commission by abolishing term
limits for the members of the Select Committee on
Intelligence, clarifying jurisdiction for intelligence-
related nominations, and streamlining procedures for the
referral of intelligence-related legislation, but other
aspects of the 9/11 Commission recommendations regarding
fiscal oversight of intelligence have not been implemented;
Whereas, in Senate Resolution 445 in the 108th Congress,
the Senate provided for the establishment of a Subcommittee
on Intelligence of the Committee on Appropriations and gave
it jurisdiction over funding for intelligence matters;
Whereas there remains a need to improve congressional
oversight of the intelligence activities of the United States
and provide a strong, stable, and capable congressional
committee structure to provide the intelligence community
appropriate oversight, support and leadership; and
Whereas there also remains a need to implement a key 9/11
Commission recommendation to make structural changes within
Congress to improve the oversight of intelligence activities
and provide vigilant legislative oversight to assure that
such activities are in conformity with the Constitution and
laws of the United States: Now, therefore, be it
Resolved,
That Senate Resolution 445, 108th Congress, agreed to
October 9, 2004, is amended by striking section 402 and
inserting the following:
``SEC. 402. SUBCOMMITTEE RELATED TO INTELLIGENCE
APPROPRIATIONS.
``(a) Establishment.--There is established in the Committee
on Appropriations of the Senate a Subcommittee on
Intelligence.
``(b) Jurisdiction.--The Subcommittee on Intelligence
established under subsection (a) shall have exclusive
jurisdiction over all funding for the National Intelligence
Program, as defined in section 3(6) of the National Security
Act of 1947 (50 U.S.C. 401(a)(6)).
``(c) Procedure.--The Subcommittee on Intelligence
established under subsection (a) shall approve for full
committee consideration an annual appropriations bill for the
National Intelligence Program. Upon approval by such
Subcommittee on Intelligence, the annual appropriations bill
for the National Intelligence Program shall be considered by
the full Committee on Appropriations of the Senate, without
intervening review by any other subcommittee. Upon approval
by the full Committee on Appropriations, the bill shall then
be reported to the Senate for consideration.
``(d) Composition.--
``(1) Members of the select committee on intelligence.--
``(A) In general.--Members of the Committee on
Appropriations of the Senate who are also members of the
Select Committee on Intelligence of the Senate shall have
automatic membership on the Subcommittee on Intelligence
established under subsection (a).
``(B) Ex officio member.--If the Chairman or Vice Chairman
of the Select Committee on Intelligence of the Senate is not
also a member of the Committee on Appropriations of the
Senate, then such Chairman or Vice Chairman shall serve as an
ex officio member of such Subcommittee on Intelligence.
``(2) Subcommittee on defense appropriations.--The Chairman
and Ranking Member of the Subcommittee on Defense of the
Committee on Appropriations of the Senate shall have
automatic membership on such Subcommittee on Intelligence.
``(3) Chairman and ranking member.--The Chairman and
Ranking Member of such Subcommittee on Intelligence shall be
selected from among those members who are both members of the
Committee on Appropriations and the Select Committee on
Intelligence of the Senate.
``(4) Other assignments.--Assignment to, and a role on,
such Subcommittee on Intelligence shall not count against any
other committee or subcommittee role or assignment of any
member of the Committee on Appropriations of the Senate.
``(e) Staff.--
``(1) Authority to hire.--The Chairman and Ranking Member
of the Subcommittee on Intelligence established under
subsection (a) shall, in consultation with the Chairman and
Ranking Member of the Committee on Appropriations of the
Senate, select, designate, or hire staff for such
Subcommittee.
``(2) Access to classified information.--A member of the
staff of such Subcommittee on Intelligence may not be given
access to classified information by such Subcommittee unless
such staff member has received an appropriate security
clearance, as determined by such Subcommittee in consultation
with the Director of National Intelligence.''.
____________________
[...]
Mr. BOND. Mr. President, I join my colleagues and all Americans in
solemn observance of the loss of 3,000 American lives on September 11,
2001, truly the greatest tragedy on American soil in our recent
history. Our thoughts and prayers are with these victims and their
families.
We all know that al-Qaida terrorists declared war on the United
States 7 years ago today. These vicious attacks claimed American lives
and brought great concern and destruction across our country. While
America has remained safe from another attack on our soil since 9/11/
2001, it is by no accident.
It is fitting that as we observe the seventh anniversary of the 9/11
al-Qaida attacks, al-Qaida has been dealt a significant defeat in Iraq,
both tactically and most certainly morally. It has been handed such a
defeat in what its own leaders claim was the central front in the war
against the United States. This victory was achieved at the hands of
our brave troops and the people of Iraq.
As the result of new leadership under General Petraeus, his
counterinsurgency strategy, and the surge, we are seeing our troops
come home on success, including my son Sam, a marine who served two
tours in Iraq. I heard about the success from the troops on the ground
in my visits to Iraq, and our military leaders testified about this
success before Congress, but now even the New York Times and Washington
Post are writing about our return on success.
Look at some of the facts:
Anbar Province, once considered lost, has now been reclaimed by the
Iraqi people. Not just in Anbar, but across the country, the Iraqis are
leading operations to seek out al-Qaida--from Mosul to the Diyala
Province. Across Iraq, violence is at its lowest point since the spring
of 2004, and civilian deaths, sectarian killings, and suicide bombings
are all down. For the Iraqi people, life is returning to normal.
Markets are open and thriving, students are going to school--including
girls, for the first time--and professionals are returning to work in
Iraq. This win in Iraq is not only critical to the Middle East, but it
is critical to our own Nation's security.
Defeat in Iraq would have given the terrorists who launched the 9/11
attacks a safe haven to exploit terror worldwide. It is fitting that on
this day we honor the memory of the victims of 9/11 and their families,
that we take a moment to thank our troops fighting the al-Qaida
terrorists in Iraq.
Our troops fought in Iraq so that future generations of Americans
will not have to fight them on our own soil. I am proud of these brave
men and women who sacrificed so much in defense of freedom and security
here at home. We owe them a debt that can never be repaid.
Our troops are also fighting the terrorists in Afghanistan. Troop
increases are now making a difference. But it will also take smart
power, a careful blend of kinetic and nonkinetic power of the United
States and its allies to defeat the terrorists in Afghanistan and
elsewhere; efforts to build institutions in education, rule of law,
infrastructure development, roads and power; efforts such as our
Missouri National Guards's agriculture development teams. These teams
are training the Afghanis in sustainable agriculture methods and
techniques that will help them build a more secure and stable society.
It is critical that Pakistan continue to partner with the United
States in defeating the terrorists who plague Afghanistan. The Taliban
and other terror fighters hide in Pakistan's remote borders. We all
hope that the country's newly elected democratic leaders will seek out
and destroy these terrorists, not only for the security of their
country but to prevent the terrorists from gaining a haven to plot and
carry out attacks on America and our allies.
As we thank our troops fighting in Iraq and Afghanistan, killing the
terrorists before they can attack the homeland, we also thank the many
patriots who fight unseen and unheard to keep our Nation safe. As the
vice chairman of the Senate Intelligence Committee, I know all too well
the dangers facing us.
I also know that in addition to our troops, our intelligence
operators are on the front lines of the war on terror. Our intelligence
officers and law enforcement efforts work tirelessly to stop attacks
before they happen. We all owe the brave Americans who work to keep us
safe, and the firefighters and first responders who come to our aid
when disaster strikes.
In Congress, it is our job to ensure the intelligence community has
the tools it needs to detect, disrupt, and prevent attacks on America,
our troops, and our allies, which is why it is important that here in
Congress we never forget the critical lessons of September 11--that our
intelligence proved inadequate to stop the mass murder of innocent
Americans on our own soil.
As we honor these lives lost, we must continue to work to improve our
intelligence capabilities to keep a similar tragedy from ever happening
again. Since 9/11 we have strived to strengthen our intelligence. My
proudest accomplishment in 22 years in the Senate was the passage of
the bipartisan Foreign Intelligence Surveillance Act--our Nation's
early warning system to alert us of attacks. It was a long fight, but
we now have a terrorist surveillance law that allows our intelligence
operators to listen in on foreign terrorists.
We have also made other important changes in our laws and priorities
related to the threat of international terrorism, such as the USA
PATRIOT Act, intelligence reform measures, and implementing
recommendations of the 9/11 Commission Act. But Congress has not done enough.
On the seventh anniversary of 9/11, it is noteworthy that there
remains one unaddressed 9/11 commission recommendation, and that is to
reform the legislative branch's oversight of intelligence and terrorism
activities which the commission rightly described as ``dysfunctional.''
The 9/11 Commission stated:
Of all of our recommendations, strengthening congressional
oversight may be among the most difficult and important.
Yet here we are 7 years after 9/11 and 4 years past the issuance of
the 9/11 commission report, and that most significant recommendation
for change remains unaddressed. The Senate tinkered around the edges by
adding term
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limits for Intelligence Committee members, but it has not addressed the
fundamental structural dysfunction regarding the fiscal oversight of
the intelligence.
The 9/11 commission made two bold recommendations to fix the problem:
either consolidate authorization and appropriation functions into a
single committee in both Houses or create a bicameral intelligence
committee. Both of these approaches were considered and rejected by the
Senate during consideration of S. Res. 445 in October of 2004. But many
of us believe there is a better, less disruptive way to achieve reform
through a carefully constructive intelligence appropriations
subcommittee.
This approach was endorsed earlier this year by all but 1 of 15
members of the Intelligence Committee in a letter sent to the majority
and minority leaders along with an endorsement from the chairman and
ranking member of the Homeland and Government Affairs Committee.
I ask unanimous consent that the letter be printed in the Record at
this time.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Select Committee on Intelligence,
Washington, DC, March 6, 2008.
Hon. Harry Reid,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Mitch McConnell,
Republican Leader, U.S. Senate,
Washington, DC.
Dear Senator Reid and Senator McConnell: This letter sets
forth our recommendations for change within the Senate to
improve congressional oversight for intelligence. Section 603
of the Implementing Recommendations of the 9/11 Commission
Act (Public Law 110-53) required the Senate Select Committee
on Intelligence (SSCI) and the Homeland Security and
Governmental Affairs Committee (HSGAC) to undertake a review
of the 9/11 Commission's Final Report with regard to
intelligence reform and congressional intelligence oversight
reform. It also required the Committees to submit to the
Senate recommendations for reform of congressional oversight
of intelligence. The recommendations in this letter match
those proposed to you in a letter sent by the Chairman and
Ranking Member of the Homeland Security and Governmental
Affairs Committee.
On November 13, 2007, the SSCI conducted a public hearing
to receive testimony from members of the 9/11 Commission, as
well as from experts from the Library of Congress and the
private sector. On February 27, 2008, the SSCI met to
formulate conclusions on the matter. The Committee concluded
that the Senate should enact either one of two options to
implement the necessary changes embodied by the comments and
recommendations of the 9/11 Commission.
The first option is to implement the 9/11 Commission
recommendation with regard to fiscal oversight of
intelligence by consolidating authorization and
appropriations authority in the SSCI. This option would
implement directly the 9/11 Commission recommendation. We
understand that this approach was considered and rejected by
the Senate during consideration of S. Res. 445 in October
2004. We note, however, that Senators Burr, Bayh, Feingold,
Hagel, McCain, Snowe and Sununu have reintroduced this
measure in the 110th Congress with S. Res. 375.
The second option embodies the spirit of the 9/11
Commission recommendation yet poses less structural change to
the Senate and could be accomplished during this Congress
simply by amending and implementing part of S. Res. 445.
Section 402 of S. Res. 445 called for the creation of a
Subcommittee on Intelligence within the Appropriations
Committee. To date, this subcommittee has not been created.
We recommend, as the second option, to amend and implement
Section 402 of S. Res. 445 with the following necessary
changes:
The Subcommittee on Intelligence shall be an additional
appropriations subcommittee and therefore require no
reorganization of the Appropriations Committee.
The Subcommittee on Intelligence shall appropriate all
funds for the National Intelligence Program (NIP) (as opposed
to the current situation where appropriations for the NIP are
fragmented among several subcommittees within the
Appropriations Committee).
There will be a mechanism allowing for the allocation of
the intelligence budget to the Subcommittee through the
congressional budget process.
The annual appropriations bill for the NIP reported by the
Subcommittee on Intelligence shall pass from the Subcommittee
to the full Appropriations Committee without intervening
review by any other subcommittee; it shall then be reported
to the Senate like any other appropriations measure.
Appropriations Committee members who are members of the
SSCI shall have automatic membership on the Subcommittee on
Intelligence as shall the Chairman and Ranking Member of the
Subcommittee on Defense Appropriations.
The Chairman and Ranking member of the Subcommittee on
Intelligence shall be selected from among those members who
are both Appropriations Committee and SSCI members.
Assignment to and role on the Subcommittee on Intelligence
shall not count against other subcommittee roles and
assignments of any member of the Appropriations Committee.
The Chairman and Ranking member of the Subcommittee on
Intelligence of the Appropriations Committee shall select,
designate or hire staff with appropriate clearances for the
Subcommittee on Intelligence.
If either, or both, the Chairman and Vice Chairman of the
SSCI are not appropriations cross-over members to the SSCI,
then either, or both, shall serve as ex officio members of
the Subcommittee on Intelligence.
The effective date of these changes shall be the date upon
which the Senate adopts these amendments to S. Res. 445.
The Senate has already voted overwhelmingly to create a
Subcommittee on Intelligence of the Appropriations Committee.
We believe constituting this subcommittee with the necessary
stipulations above will provide the closest approximation to
the 9/11 Commission recommendation for consolidation and
consistency of oversight, while at the same time imposing the
least alteration to Senate organization and tradition. After
consulting with you on these options we plan to sponsor the
appropriate Senate resolution to address this issue.
Sincerely,
John D. Rockefeller IV, Chairman; Christopher S. Bond,
Vice Chairman; Dianne Feinstein; John Warner; Ron
Wyden; Chuck Hagel; Evan Bayh; Saxby Chambliss; Barbara
A. Mikulski; Orrin Hatch; Olympia J. Snowe; Bill
Nelson; Richard Burr; Sheldon Whitehouse.
Mr. BOND. This approach embodies the spirit of the 9/11 commission
recommendation, yet poses less structural change to the Senate and
could be accomplished easily during this Congress simply by creating a
carefully designed subcommittee on intelligence within the
Appropriations Committee. The necessary parameters of this new
committee are contained in the Senate resolution that I will submit
momentarily. We believe these stipulations in this resolution would
effect the change sought by the 9/11 commission and enable us to bring
intelligence spending under effective oversight.
Now, some of my colleagues may ask themselves why I decided to file
this Senate resolution today. The answer is simple. Here we are on the
seventh anniversary of the 9/11 attacks and more than 4 years after the
9/11 commission's final report was issued, and we still haven't
addressed the recommendation that they considered most important.
Furthermore, I have tried to work within the system for 5 years now to
bring about adequate change to no avail.
I believe we should no longer delay the implementation of this
crucial recommendation. Congress has insisted that others reform, but
we have not yet adopted any meaningful reform ourselves. The hypocrisy
has not gone unnoticed by members of the 9/11 commission or by the
families of the victims whom we honor today. The time has come for us
to put our House in order, and I believe a carefully designed
appropriations subcommittee on intelligence is the proper way to
implement the spirit of the 9/11 congressional oversight
recommendations.
I am concerned about wasteful spending, not just in the billions of
dollars, but in the dozens of billions of dollars, that the public does
not know about because it is all classified. I am concerned about
technology programs that consume billions of dollars for a number of
years and never get off the ground. Our current Director of National
Intelligence boasted publicly about killing one such program early last
year. But that was a program that our defense and intelligence leaders
trumpeted for years as a silver bullet before finally throwing in the
towel because it did not work. The intelligence acquisition system is
hard to change, and the DNI and the intelligence community need
Congress's oversight and accountability.
As for Congress, when the Intelligence Committee looks at an issue of
great import for several years, and when the Armed Services Committee
does the same and agrees in its assessment, yet the appropriations
process is so disconnected from them that billions of dollars come to
naught because the executive branch is not having its feet held to the
fire, then the American taxpayers are ill served, and billions of
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dollars that could have been used elsewhere are wasted.
Another example of disjointed oversight happened again yesterday in
the Senate Defense Appropriations Subcommittee markup. After years of
billions of dollars having been wasted by the intelligence community
and the National Reconnaissance Office I proposed a much cheaper,
multifunctional approach to sustain our satellite constellation.
This approach is advocated by outside experts and scientists and
officials within the intelligence agencies. It also was adopted 2 years
in a row by the Intelligence Committee and by the Armed Services
Committee in its bill that is on the floor before us today.
Yet, in the Defense Appropriations markup yesterday, even though
multiple Senators who have been studying this issue on other committees
for years spoke in strong support of it, the old system kicked in and
the measure was shut out; that is a structural deficiency the 9/11
Commission pointed out.
In a classified session I can give examples upon examples from other
services.
Those who have the time and mandate to study the issue extensively
need to be the ones whose discernment is brought to bear on those
matters--this is case in point of what the 9/11 Commission said must
happen in this specific area of national security, with intelligence.
It is in this one area, in our front line of defense against terror,
where this has to take place.
Having tried to work within the system and failed, I cannot remain
silent about this sort of thing any longer.
We hear a lot today about needed change and reform coming to
Washington. Let us prove to the American people that we do not need to
wait for an election to start that process.
At this point, lest anyone get the wrong idea about the problems I am
addressing here, I must say something about the leadership of the
Defense Appropriations Subcommittee. The American people all know about
our war hero from the Senate, John McCain, who is running for
President, but I want to draw attention to another one of our war
heroes who served 2 wars before Senator McCain did in Vietnam, and that
is Senator Dan Inouye from Hawaii, chairman of the Defense
Appropriations Subcommittee.
Senator Inouye is a true American hero whom I have the utmost
admiration for, and I greatly commend him for the manner in which he
has led, and is leading, the Defense Subcommittee. He ensures that
America's priorities on defense are put in the right place.
I also commend my good friend Senator Stevens, another true American
patriot and veteran. His leadership has been invaluable on this
subcommittee for over two decades. And I commend my good friend Senator
Cochran also, who has recently been sitting in for Senator Stevens as
ranking member on the subcommittee and has always listened patiently to
my concerns over the years.
I cannot say enough about these three men who are true leaders; they
have acted with wisdom and discernment in how they have led the
subcommittee. They are good friends, they are esteemed colleagues, and
I am honored to serve under their leadership. So let me make it very
clear, that the problem I am addressing today is not the people; these
men lead with dignity and discernment in putting together the most
complicated funding bill in the Congress.
The problem rather that I am addressing is structure. With a nearly
$500 billion Defense appropriations bill, of which less than 10 percent
is for intelligence, and with only a handful of committee staff on hand
to look at intelligence matters and barely enough time for just a few
hearings on intelligence squeezed between all the defense hearings and
briefings throughout the year, there is simply no way they can pay
adequate attention to intelligence, it is just not possible.
They are rightly consumed with the other 90 percent of their budget
that focuses on defense matters. On the Intelligence Committee,
however, we spend several days each week poring over intelligence
matters and receiving briefs on all aspects of the intelligence
community, and with a cadre of 50 professional staff at our disposal we
are able to dig real deep into a number of disciplines.
We know that change is needed, and I appreciate the leadership that
Chairman Rockefeller and the rest of my colleagues on the Intelligence
Committee have shown on this issue. I am also grateful for the support
expressed by other Members of the Senate who recognize the importance
of this issue to our esteemed body.
I recognize that we are quickly running short on legislative days to
get this done. However, I would ask my colleagues to give serious
consideration to this Senate resolution. I stand ready to discuss its
details and debate its merits. If we are not able to act in this
Congress, then I expect to address this issue again first thing in the
new Congress.
As we reflect on the horrible events of the September 11 terrorist
attacks, I suggest to my colleagues that we all ask ourselves whether
we can do more to improve congressional oversight of intelligence. I
think we would all agree that the answer to that question must be an
emphatic ``yes.''
If we agree that we can do more, then why don't we?
____________________
