CONGRESS AND THE CIA A HANDBOOK ON STRUCTURE AND RELATIONSHIPS

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CIA-RDP85B01152R000700980001-5
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36
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December 20, 2016
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October 29, 2007
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REPORT
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Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Preface 0 A Handbook on Structure and Relationships ? Director, Office of External Affairs ? This handbook was prepared by the Legislative Liaison Division of the Office of External Affairs to familiarize employees with the Congress, the staff function, the Oversight process and the responsibilities of CIA to the Congress. Although some sections of the handbook are deliberately cast at the "primer" level, other sections attempt to get deeper into the relationship between the Congress and the Agency. It is hoped it will be particularly use- ful to those employees who are called on to brief various Members and staffs of the Committees and Subcommittees who handle Agency affairs. STAT Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Administrative Internal Use Only ? 10 CONTENTS Tab MEET THE CONGRESS ................................................................................ I HOW A BILL BECOMES LAW .................................................................... II FUNDING PROCESS ...................................................................................... III OVERSIGHT PROCESS .................................................................................. IV COMMITTEE MEMBERSHIP ...................................................................... V COMMITTEE STAFF STRUCTURE ............................................................ VI THE ROLE OF THE BRIEFER ...................................................................... VII MISCELLANEOUS INFORMATION .......................................................... VIII Administrative Internal Use Only Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Administrative llnteruuall Use ?uully 9 ff. CONGRESS MEET 7 HE CONGRESS The United States Congress is bicameral, that is, composed of two chambers: the Senate and the House of Representatives. The Senate is comprised of 100 members or two per state, who serve six-year terms. One-third of the Senate comes up for re- election every two years. The terms of Senators from each state are arranged so that both Senators' terms do not expire at the same time. Representation in the House of Representatives is proportional to a state's population, with each state having at least one Representative. All Representatives serve two-year terms; there are 435 voting Representatives, a figure established by the Congress in 1910. There are also five non-voting members elected to represent the District of Columbia, Guam, Puerto Rico, Samoa and the Virgin Islands. The Census figures determine the number of seats apportioned to each state and these seats change as the population per state increases or decreases. Committee Stiructuire Committees provide the fundamental structure for the division of labor within Congress. The Senate and House have almost identical committee titles and structure. The Senate has 16 standing or permanent committees and the House has 22. There are also various special or select committees. The House and Senate Select Intelligence Committees are of particular importance to the Central Intelligence Agency, not only because of their oversight re- sponsibilities for CIA activities, but also their authority to submit proposals for legislation which directly affect the Agency. The Senate and House Appropriations Committees are also important because of their oversight role and their power to appropriate funds for all programs requested in the Agency budget. The CIA also works closely with the House Foreign Affairs and Senate Foreign Relations Committees, and the House and Senate Armed Services Committees. Members of committees are chosen by respective party caucuses. The ratio of majority party members to minority party members is determined at the beginning of each session of Congress and is based on the ratio that exists for the entire membership of each Chamber. The majority member having the most years of service on a committee usually is designated Chairman; the most senior member of the minority party on a committee is designated ranking minority member. Subcommittee Chairmanship and member- ship is designated in a similar manner. Each committee and subcommittee employs professional staffs to advise and counsel the members. Administrative Internal Use Only Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B0l152R000700980001-5 Administrative Internal Use Only ? Party Leadership The majority party holds overriding influence on matters in each house of Congress. The Speaker of the House is formally elected to be the House's presiding officer; he is the single most powerful individual in the House and plays an influential and active role in shaping and directing its activities. He appoints all special, select, and conference committees; and refers bills to appropriate standing committees. Next in line, the Majority Floor Leader is selected by the party caucus and is re- sponsible for managing the House's formal legislative agenda. The Majority Whip is appointed by the Speaker and is responsible for counting advance votes, persuading Members how to vote, and assuring the presence of Members when voting occurs. The Minority Leader is selected by the minority party caucus and is the spokesman for the minority issues. The Minority Whip has the same function with respect to mi- nority membership as the Majority Whip. In the Senate, titular leadership is embodied in the President of the Senate (the Vice-President of the U.S.) and in the President Pro Tempore who acts in the President's absence. The President Pro Tempore is usually the dean of the Senate (the senior senator of the Majority party). The real leadership of the Senate lies with the Majority Leader. Generally, he performs most of the same functions as the Speaker and Majority Leader of the House, except he is not the presiding officer. The Senate also has a Majority Whip, elected by the caucus, and a Minority Leader and Minority Whip. Their functions are the same as their counterparts in the House. Each party in each chamber has a Caucus Chairman who has a great deal of in- fluence in determining party positions on issues. Office of the Speaker Rep. Thomas P. O'Neill, Jr., (D., MA) Office of the Majority Leader Rep. James C. Wright, Jr., (D., TX) Office of the Minority Leader Rep. Robert H. Michel, (R., IL) Office of the Majority Whip Rep. Thomas S. Foley, (D., WA) Office of the Minority Whip Rep. Trent Lott, (R., MS) Majority Leader of the Senate Sen. Howard H. Baker, Jr., (R., TN) Minority Leader of the Senate Sen. Robert C. Byrd, (D., WV)) Majority Whip of the Senate Sen. Ted Stevens (R., AK) Minority Whip of the Senate Sen. Alan Cranston, (D., CA) Administrative llnternal Use Only Approved For Release 2007/10/29: CIA-RDP85B0l152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Administrative internal Use Only ? iLo HOW A BILL BECOMES LAW The legislative process is long and difficult. Congress can act quickly on occasion but most bills must pass through many decision points to become law. By stressing protection of the minority, the legislative process gives all sides a chance to be heard. Committees, groups or individuals can delay, defeat or change a proposal through amendment. This may result in the marked improvement of a bill before it becomes law or the defeat of a bad proposal, or it may produce legislative inertia. llnta?oallaucing a Il$ulli Any member can introduce a bill when his respective House is in session. Upon introduction, bills are numbered in sequence and referred to the appropriate committees. Committee Action - Overview Upon receiving a bill, the Committee Chairman may refer it to a subcommittee for initial consideration or handle it at the full committee level. In either case, the same procedures are followed. The committee may examine the proposal in depth; pass it without delay; or, as is the case with most legislation, take no action at all. In the latter case, the bill "dies" and goes no further in the legislative process. Hearings Hearings are a fact-finding tool. The information received from the hearings help determine the impact the bill might have if passed into law. Committee members in turn use the information by witnesses to act as informed lawmakers. Mark-up With the facts in hand the committee "marks-up" the bill, i.e., draws up the fi- nal language. Though normally open to the public, no testimony is allowed. Bills con- taining classified information are handled separately with complete security and confidentiality. Members consider amendments, add or delete certain provisions, and bargain over final language. If the bill's content is significantly changed, they draw up a "clean" bill with a new number. Report The committee report is the most valuable document in a bill's legislative history and is the accepted expression of the intent of Congress in passing the bill. Following mark-up, if a committee votes to send a bill to the House or Senate floor, the staff prepares a committee report. It: a. gives the purpose and scope of the bill; b. explains the committee amendments; Administrative Internal Use Oniy Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 ? ? Approved For Release 2007/10/29: CIA-RDP85B0l152R000700980001-5 Administrative Tinternall Use Only c. states proposed changes in existing law; d. analyzes the bill section by section; e. includes views from department and agencies whose comments were solicited; f. estimates cost; and g. gives supplemental supporting and minority dissenting views. Classified information pertaining to the bill is contained in a classified annex and is only made available to Members and to appropriately cleared staffs in secure chambers. All Members have access to classified information but generally the "need to know" principle is observed. Once the committee reports a bill, it is placed on the calendar. From this, "minor" measures are called up by unanimous consent in sequential order. They are enacted with little or no debate. Major legislation in the House passes through the Rules Committee which acts as a traffic cop, allowing certain bills to the floor first and keeping others out altogether. The "rule" reported by the Rules Committee determines when the bill will be considered, the length of the debate, and the extent to which the bill can be amended. In the Senate, all bills are called to the floor by unanimous consent. Debate is unlimited. For major bills, however, the party leadership and key Senators often decide upon a "unanimous consent time control agreement. " This may specify the floor managers of the bill, limit debate on certain amendments, prohibit nongermane amendments, and determine the exact time a bill will be brought up for final passage. Debate procedures differ slightly between the House and Senate. Generally proponents and opponents share equal time to present their views. Amendments may then be offered and voted on. Before the final vote, opponents may offer certain par- liamentary motions to obstruct final passage. For example, a motion to postpone will delay the final vote until a later date; a motion to recommit refers the bill back to the committee which reported it. Recommittal usually "kills" the bill, unless specific instructions for change have been given. Barring these, the bill is voted on as amended. Once passed by either the House or the Senate, a bill is sent to the other chamber where the above process is usually repeated. Four things may result: 1) the bill is defeated; 2) the bill is approved without amendment and sent to the President; 3) the bill is amended and passed. It is then sent back to the original chamber with a request that they concur; Administrative Ilnternal Use Only Approved For Release 2007/10/29: CIA-RDP85B0l152R000700980001-5 ? ? Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Administrative Internal Use Only 4) the receiving chamber, having already acted on a similar measure of its own, passes the bill after substituting its own language and retaining only the other chambers bill number. This is called "passage in lieu." The measure then goes to a conference committee. Both Houses must pass a bill in identical form before sending it to the President for signature. When House and Senate versions differ, a conference committee meets to reconcile the differences. Presiding officers in each House appoint the conferees from among the ranking members of the committees which hold original jurisdiction over the legislation. Only those sections where differences exist may be considered by the conferees, no new language may be added, and budget estimates must fall between the two original figures. Once conferees reach an agreement, the staff prepares a conference report explaining the new compromise language or figures. The report is sent back to each chamber and voted on. If supported, it is made ready for the President. If rejected, a further conference is usually requested. Presidential Consit Ieration The President has ten days to sign or veto the measure. If he takes no action within that period, the bill automatically becomes law. If the final adjournment of a Congress occurs before the President has acted, the bill is "pocket-vetoed" and dies. When the President vetoes a measure, he returns it to the originating chamber with his objections. That chamber can override the veto with a two-thirds majority vote. If the attempt fails, the bill dies. If it succeeds, the measure goes to the other chamber. A second successful override vote makes it law. Administrative Internal Use Only Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 ? This graphic shows the most typical way in which proposed legislation is Each bill must be passed by both houses of Congress in identical form before enacted into law. There are more complicated, as well as simpler, routes, and it can become law. The path of HR 1 is traced by a solid line, that of S 2 by a most bills fall by the wayside and never become law. The process is illustrated broken line. However, in practice most legislation begins as similar proposals with two hypothetical bills, House bill N1o.1(HR 1) and Senate bill No. 2 (S 2). in both houses. cco- TTECz ACT Of 1 ,puuuumvy HR 1 INTRODUCED IN HOUSE REFERRED TO HOUSE COMMITTEE REFERRED TO SUBCOMMITTEE REPORTED BY FULL COMMITTEE RULES COMMITTEE ACTION FLOOR ACTMM U HOUSE DEBATE, VOTE ON PASSAGE K nnuuuluuI Bill goes to full committee, then usually to specialized subcommittee for study, hearings, revisions, approval. Then bill goes back to full committee where more hearings and revision may occur. Full committee may approve bill and recommend its chamber pass the proposal. Com- mittees rarely give bill unfavorable report; rather, no action is taken, thereby killing it. In House, many bills go before Rules Committee for "rule" expediting floor action, setting con- ditions for debate and amendments on floor. Some bills are "privileged" and go directly to floor. Other procedures exist for noncontroversial or routine bills. In Senate, special "rules" are not used; leadership normally schedules action. Bill is debated, usually amended, passed or defeated. If passed, it goes to other chamber to follow the same route through committee and floor stages. (If other chamber has already passed related bill, both versions go straight to conference.) S2 INTRODUCED IN SENATE kl COMMI GTTEE AOMOON REFERRED TO SENATE COMMITTEE REFERRED TO SUBCOMMITTEE REPORTED BY FULL COMMITTEE V V FLOOR AOMMOI SENATE DEBATE, VOTE ON PASSAGE '"npnl npnnlnnnnDnnnnnlnu-neCnpnnnunn OONF[ G EMC AOTOOM Once both chambers have passed related bills, conference committee of members from both houses is formed to work out differences. Compromise version from conference is sent to each chamber for final approval. \'~~AIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIy111111111111111111111111111111111111111111111I111111111111I11111R~j 01/111111IIIIIIIIIIIIIIIIIIIIIIIIIIIpII 9 Compromise version approved by both houses is sent to President who can either sign it into law or veto it and return it to Congress. Congress may override veto by a two-thirds majority vote in both houses; bill then becomes law without President's signature. Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B0l152R000700980001-5 Adnnlnistrative Internal Use Only 0 40 I[lR. FUNDRNG PROCESS The funding process is a two-step procedure in Congress-the passage of an authorization bill and the passage of an appropriations bill. An authorization bill is a regular House (H.R.) or Senate (S) bill which establishes or continues a federal program or agency. This bill usually puts a ceiling on money that can be used to finance a program or agency and a limit on the number of years for which the money is available. Before money can be spent, however, Congress must pass an appropriations bill providing the money approved in the authorization bills. An appropriations bill need not appropriate the entire amount authorized but the bill cannot appropriate more than the amount in the authorization bills. Exceptions are dealt with on an ad hoc ba- sis. The Defense Subcommittee of both Appropriations Committees has jurisdiction over the CIA budget. Generally all Appropriations bills originate in the House of Representatives. Although the Constitution provides that Congress must pass appropriations bills before federal funds can be spent, neither the Constitution nor federal law require that authorization bills be passed. However, it is a general rule that neither House pass an appropriations bill before an authorization bill has been signed into law. Another basic rule usually followed is that an Appropriations bill cannot be used as a vehicle to change existing law nor can an authorization bill contain appropria- tions language. The new fiscal year begins October 1st of each year and all appropriations bills must be completed and signed by the President prior to that date in order for any money to be released. In recent years Congress has been unable to meet this deadline and has passed continuing resolutions which authorize spending based on the rate of the prior year, the President's budget, or the authorization bill passed by either House. The Comptroller is responsible for all Agency budget and resource matters. Each year in January, the Agency submits its annual budget request through the Intelligence Community Staff to the Oversight and Appropriations Committees of both Houses. Following submission of the budget, the Comptroller prepares testimony and accompanies the Executive Director to hearings before the four committees on the budget request. The Comptroller is also the focal point for responding to written questions for the record resulting from the hearings and for ad hoc requests for additional budgetary data. Administrative llnternal Use Only Approved For Release 2007/10/29: CIA-RDP85B0l152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Administrative Internal Use Only The Senate Select Committee on Intelligence was established on May 19, 1976 (94th Congress) as a result of Senate adoption of Senate Resolution 400, which stemmed from a recommendation by.the Church Committee, "to oversee and make continuing studies of the intelligence activities and programs of the United States Government." Senate Resolution 400 specifically charges that the SSCI,? o ... oversee and make continuing studies of the intelligence activities and programs of the United States Government ..."; "submit to the Senate appropriate proposals for legislation ..."; "report to the Senate concerning such intelligence activities and programs ..."; "assure that the appropriate departments and agencies of the United States provide informed and timely intelligence necessary for the executive and legislative branches to make sound decisions affecting the security and vital interests of the Nation . . ." and, "provide vigilant legislative oversight over the intelligence activities of the United States to assure that such activities are in conformity with the Constitution and laws of the United States." .Jurisdiction The SSCI is responsible for: (1) The CIA and the DCI; (2) intelligence activities of all other departments and agencies of the Government, including, but not limited to, the intelligence activities of DIA, NSA, and other agencies of the DoD, State, Justice, (including the FBI and its Intelligence Division), and Treasury; (3) the organization or reorganization of any department or agency of the Government to the extent that it relates to a function or activity involving intelligence activities; and (4) authorizations for appropriations, both direct and indirect, for the above organizations and activities. Administrative Internal Use Only Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Administrative llnternall Use ?nlly Members The SSCI is composed of 15 members, appointed as follows: two from the Appropriations Committee; two from the Armed Services Committee; two from the Foreign Relations Committee; two from the Judiciary Committee; seven from the Senate at large. Members are appointed by the President pro tempore of the Senate upon the rec- ommendation of the Senate majority and minority leaders. The committee ratio is eight to seven with the Chairman-a member of the majority party-holding the tie breaking vote. The SSCI selects a chairman and vice chairman by independent vote of the majority and minority Members of the full Senate. The vice chairman acts in the chairman's absence. Each Member in turn is entitled to appoint a staff designee who will be that Member's primary referent on the Committee. Barry Goldwater (R., Arizona), Chairman Daniel Patrick Moynihan (D., New York), Vice Chairman Daniel K. Inouye (D., Hawaii) Walter D. Huddleston (D., Kentucky) Joseph R. Biden (D., Delaware) Henry M. Jackson (D., Washington) Patrick J. Leahy (D., Vermont) Lloyd Bentsen (D. Texas) Jake Garn (R., Utah) John H. Chafee (R., Rhode Island) Richard G. Lugar (R., Indiana) Malcolm Wallop (R., Wyoming) David F. Durenberger (R., Minnesota) William Roth, Jr. (R., Delaware) William S. Cohen (R., Maine) Robert C. Byrd (D., West Virginia), ex officio member Howard H. Baker, Jr. (R., Tennessee), ex officio member The following Members will rotate off the Committee at the end of the 98th Congress: Daniel Patrick Moynihan Daniel K. Inouye Lloyd Bentsen Walter D. Huddleston (end of 1st session) Joseph R. Biden (end of 1st session) Administrative Intevnal Use Only Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Administrative internal Use Only SSCR Staff The SSCI operates on the staff level through a system of "designees." Each member appoints a designee who serves at the pleasure of the Member and is responsible for handling his Member's intelligence portfolio. Of the staffers listed below, four have access to information concerning special activities: Staff Director Robert R. Simmons, Minority Staff Director Gary Schmitt, Robert Butterworth, and Larry Kettlewell. Administration Robert R. Simmons Staff Director Gary Schmitt Minority Staff Director Dorthea Roberson Chief Clerk Victoria Toensing Peter M. Sullivan Charles N. Andreae Sam Bouchard Robert Butterworth Robin Cleveland Angelo M. Codevilla Thomas A. Connolly John T. Elliff Jean Evans Daniel Finn Stephen Flanagan Keith Hall Larry Kettlewell Herbert M. Kline Edward P. Levine Michael F. Mattingly Eric Newson Stephen E. Ward James H. Dykstra Chief Counsel Minority Counsel Designee for Senator Lugar Designee for Senator Goldwater Designee for Senator Jackson Professional Staff Member Designee for Senator Wallop Designee for Senator Biden Designee for Senator Huddleston Professional Staff Member Designee for Senator Inouye Professional Staff Member Budget Officer Designee for Senator Chafee Senior Budget Officer Designee for Senator Durenberger Designee for Senator Roth Designee for Senator Leahy Designee for Senator Bentsen Designee for Senator Cohen HPSCI The House Permanent Select Committee on Intelligence was established on July 14, 1977 as a result of House Resolution 658 "to oversee and make continuing studies of the intelligence and intelligence-related activities and programs of the United States Government ..." Administrative internal Use Only Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Administrative Internal Use Gaily House Resolution 658 specifically charges that the HPSCI: "... oversee and make continuing studies of the intelligence and intelligence-related activities and programs of the United States Government ..." "report to the House concerning such intelligence and intelligence-related activities and programs . . ."; assure the appropriate departments and agencies of the United States provide informed and timely intelligence necessary for the executive and legislative branches to make sound decisions affecting the security and vital interest of the nation . . ."; and "provide vigilant legislative oversight over the intelligence and intelligence- related activities of the United States to assure that such activities are in con- formity with the Constitution and laws of the United States." .Unrisdiction . The HPSCI is responsible for: (1) The CIA and the DCI; (2) Intelligence and intelligence-related activities of all other departments and agencies of the Government, including, but not limited to, the intelligence and intelligence-related activities of the DIA, NSA and other agencies of the DoD, State, Justice (including the FBI and its Intelligence Division), and Treasury. Members The HPSCI is composed of 14 Members, appointed as follows: -at least one from the Appropriations Committee; -at least one from the Armed Services Committee; -at least one from the Foreign Affairs Committee; -at least one from the Judiciary Committee. The speaker of the House appoints the members each to serve for not, more than six years. To keep continuity there shall not be more than a one-third turnover every Congress. The ratio of Democrats to Republicans is determined in the same manner as for the other House Committees. Administrative llnternal Use Only Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Administrative Internal Use Only Current Membership 98th Congress Edward P. Boland (D., Massachusetts), Chairman J. Kenneth Robinson, (R., Virginia), Ranking Minority Leader Clement J. Zablocki (D., Wisconsin) Romano L. Mazzoli (D., Kentucky) Norman D. Mineta (D., California) Wyche Fowler, Jr. (D., Georgia) Lee H. Hamilton (D., Indiana) Albert Gore, Jr. (D., Tennessee) The HPSCI has established three subcommittees to be responsible for Legisla- tion, Program and Budget Authorization and Oversight and Evaluation. Mr. Mazzoli chairs the Subcommittee on Legislation. Mr. Boland chairs the Subcommittee on Program and Budget Authorization. Mr. Fowler chairs the Subcommittee on Oversight and Evaluation. The Majority and Minority Leaders of the House are ex officio members of HPSCI. I-IPSCI STAFF The House Permanent Select Committee on Intelligence has a staff of 16 professionals, assigned by the Staff Director with concurrence by the Chairman and Ranking Minority Member, to the Committee as a whole and to individual Subcommittees as follows: FULL COMMITTEE STAFF Thomas K. Latimer Michael J. O'Neil Patrick G. Long Jeanne M. McNally Sharon D. Leary Leon S. Fuerth G. Elizabeth Keyes Herbert Romerstein Donna L. Sweeney Louis Stokes (D., Ohio) David McCurdy (D., Oklahoma) G. William Whitehurst (R., Virginia) C. W. Bill Young (R., Florida) Bob Stump (R., Arizona) Staff Director Chief Counsel Associate Counsel Clerk Asst. Clerk Professional Staff Member Professional Staff Member Professional Staff Member Secretary COMMIT IEIE ON LEGISLATION Bernard Raimo, Jr. Counsel Steven K. Berry Counsel Cindy Long Secretary COMMITTEE ON PROGRAM AND BUDGET AU'I -IORIZATIION James 0. Bush Senior Professional Staff Member Martin C. Faga Professional Staff Member Annette H. Smiley Professional Staff Member Duane P. Andrews Professional Staff Member Patricia E. Garber Secretary Administrative Internal Use Only Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B0l152R000700980001-5 Administrative Internal Use Only COMMITTEE ON OVERSIGHT AND EVALUATION Richard H. Giza Professional Staff Member Diane E. LaVoy Professional Staff Member SECRETARY/REGISTRY Thomas C. Williams, Jr. Assistant Elizabeth Ovalline Assistant Access to information concerning special activities is limited to Latimer, O'Neil, Long, Romerstein, Giza and Bush. OBLIGATION TO KEEP INTELLIGENCIE COMMITTEIES INFORMED In the FY 1981 Intelligence Authorization Act, Congress adopted new provisions on oversight of intelligence activities (Section 501 of the National Security Act of 1947). These replaced the reporting portion of the Hughes-Ryan Amendment and, for the first time, imposed a statutory requirement for the agencies to: a. keep the two oversight committees "fully and currently informed" of all intelligence activities, including any "significant anticipated intelligence activity"; b. furnish all information requested by either committee in order to carry out its authorized responsibility. These obligations are conditioned by two critical preambular clauses that preserve the constitutional rights of the President and the right of the agencies to withhold information for purposes of protecting classified information and informa- tion about intelligence sources and methods from unauthorized disclosure. The legislation constitutes an agreement between the Legislative and the Executive branches to disagree on how much sensitive information will be furnished the Congress on collection activities. Key points in the interpretation of the Act are as follows: a. The Act requires advance notice to the two oversight committees of covert actions approved by the President under Hughes-Ryan, with two exceptions: If the President determines it is essential to meet extraordinary circum- stances affecting vital interests of the U.S., the Agency can limit prior notice to eight designated Members of Congress (Chairman and Ranking Minority Member of the two oversight committees and the two leaders of each House). In even more rare and extraordinary cases, the President may direct that prior notice be withheld entirely. b. The right of the committees to prior notice of all significant intelligence ac- tivities (including clandestine collection activities and Covert Action notification under the Hughes Ryan Amendment) is subject to the DCI's statutory authority to protect intelligence sources and methods from unauthorized disclosure. Administrative Internal Use Only Approved For Release 2007/10/29: CIA-RDP85B0l152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Administrative Internal Use Only Enactment of Section 501 is significant because for the first time since the establishment of the two oversight committees the obligations of the DCI and those of "... the heads of all departments, agencies, and other entities of the United States in- volved in intelligence activities . . ." are codified in law. Enactment of Section 501 marked the culmination of the congressional debate as to whether the Intelligence Community should be regulated by new statutory charters. It is drafted in such a way as to allow sufficient maneuverability to the Executive as well as Congressional Branches should either wish to challenge interpretation of Section 501. To date, the provision has never been cited by either Branch either in support of a request for in- formation or a denial of information. It nonetheless is the statutory cornerstone upon which our relationship with the SSCI and its House counterpart are founded. Following are the responsibilities of other significant Committees with which the Agency deals: Senate Foreign Relations Con unittee Jurisdiction: (1) Relations of the United States with foreign nations generally; (2) Treaties and executive agreements, except reciprocal trade agreements; (3) Bound- aries of the United States; (4) Protection of the United States abroad and expatria- tion; (5) Intervention abroad and declarations of war; (6) Foreign economic, military, technical, and humanitarian assistance; (7) United Nations and its affiliated organi- zations; (8) International conferences and congresses; (9) Diplomatic service; (10) International law as it relates to foreign policy; (11) Oceans and international environmental and scientific affairs as they relate to foreign policy; (12) International activities of the American National Red Cross; (13) International aspects of nuclear energy, including nuclear transfer policy; (14) Foreign loans; (15) Measures to foster commercial intercourse with foreign nations and to safeguard American business interests abroad; (16) The World Bank group, the regional development banks, and other international organizations established primarily for development assistance purposes; (17) The International Monetary Fund and other international Organiza- tions established primarily for international monetary purposes; (18) Acquisition of land and buildings for embassies and legations of foreign countries; (19) National security and international aspects of trusteeships of the United States. In addition, the Committee is mandated to study and review matters relating to the national security policy, foreign policy, and international economic policy as it relates to foreign policy of the U.S. and matters relating to food, hunger, and nutrition in foreign countries, and to report on these matters periodically. The Committee is made up of 17 members, 9 are republicans and 8 are democrats. The full Committee is made up of seven subcommittees. Administrative llnternal Use Only Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Administrative Internall Use Only Jurisdiction: (1) The common defense; (2) The Department of Defense, the Department of the Army, the Department of the Navy, and the Department of the Air Force, generally; (3) Pay, promotion, retirement, and other benefits and privileges of members of the Armed Forces, including overseas education of civilian and military dependents; (4) Military research and development; (5) Selective Service System; (6) Strategic and critical materials necessary for the common defense; (7) Aeronautical and space activities peculiar to or primarily associated with the development of weapons systems or military operations; (8) Maintenance and operation of the Panama Canal, including administration, sanitation, and government of the Canal Zone; (9) National security aspects of nuclear energy; (10) Naval petroleum reserves, except those in Alaska. In addition, the Committee is mandated to study and review matters relating to the common defense policy of the U.S., and to report on these matters periodically. The committee consists of 18 members, 10 are republicans and 8 are democrats. The Committee is composed of 6 subcommittees. Senate Appiropiriations Committee Jurisdiction: (1) Appropriations for support of the Government; (2) Rescissions of appropriations; (3) Transfers of unexpended balance; (4) Amount of new spending authority. The Committee is made up of 29 members, 15 republicans and 14 democrats. Within the full Committee are thirteen subcommittees, each with jurisdiction over one of the thirteen regular appropriations bills. The Senate Committee on Government Affairs and the Senate Judiciary Committee may also have jurisdiction over certain CIA issues. House (Foreign Affahrs Committee Jurisdiction: (1) Relations of the U.S. with foreign nations generally; (2) Acquisition of land and buildings for embassies and legations in foreign countries; (3) Establishment of boundary lines between the U.S. and foreign nations; (4) Foreign loans; (5) International conferences and congresses; (6) Intervention abroad and declarations of war; (7) Measures relating to diplomatic service; (8) Measures to foster commercial intercourse with foreign nations and to safeguard American business interests abroad; (9) Neutrality; (10) Protection of American citizens abroad and expatriation; (11) The American National Red Cross; (12) United Nations organiza- tions; (13) Measures relating to international economic policy; (14) Export controls, including nonproliferation of nuclear technology and nuclear hardware; (15) Interna- tional commodity agreements (other than those involving sugar); (16) Trading with the enemy; (17) International education. In addition to its legislative jurisdiction, the Administrative Internal Use Only Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Administrative Internal Use Only Committee is mandated to have the special oversight functions with respect to customs administration, intelligence activities relating to foreign policy, international financial and monetary organizations, and international fishing agreements. The Committee is made up of 37 members, 24 democrats and 13 republicans. Within the full Committee are nine subcommittees made up of members from the full Committee. Each subcommittee has its own staff that has responsibility for the issues within the subcommittee's jurisdiction. House Armed Services Committee Jurisdiction: (1) Common defense generally; (2) The Department of Defense generally; (3) Ammunition depots; forts; arsenals; Army, Navy and Air Force reservations and establishments; (4) Conservation development, and use of naval petroleum and oil shale reserves; (5) Pay, promotion, and other benefits and privileges of members of armed forces; (6) Scientific research and development in support of the armed services; (7) Selective Service; (8) Size and composition of the Army, Navy, and Air Force; (9) Soldiers' and Sailors' homes; (10) Strategic and critical materials necessary for the common defense; (11) Military applications of nuclear energy. In addition to its legislative jurisdiction, the Committee is mandated to have the special oversight function with respect to international arms control and disarmament, and military dependents' education. The Committee is made up of 45 members, 29 democrats and 16 republicans. There are eight subcommittees within the full Committee's jurisdiction. The House Judiciary Committee and the House Government Operations Committee may also have jurisdiction over certain CIA issues. IF-muse Appropruations Committee Jurisdiction: (1) Appropriations for support of the Government; (2) Rescissions of Appropriations; (3) Transfers of unexpected balances; (4) Amount of new spending authority. The Committee is made up of 57 members, 36 democrats and 21 republicans. Within the full committee are thirteen subcommittees, each with jurisdiction over one of the thirteen regular appropriations bills. Administrative Internal Use Only Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Administrative Internal Use Only IV COMMIITTIEIE ASSIGNM(((ENTS 98th CONGRESS SENATE APP( OP118IATIONS Republicans Mark O. HATFIELD (OR), Chairman Ted STEVENS (AK) Lowell P. WEICKER (CT) James A. McCLURE (ID) Paul LAXALT (NV) Jake GARN (UT) Thad COCHRAN (MS) Mark ANDREWS (ND) James ABDNOR (SD) Robert W. KASTEN, Jr. (WI) Alfonse M. D'AMATO (NY) Mack MATTINGLY (GA) Warren B. RUDMAN (NH) Arlen SPECTER (PA) Pete V. DOMENICI (NM) Democrats John C. STENNIS (MS) Robert C. BYRD (WV) William PROXMIRE (WI) Daniel K. INOUYE (HI) Ernest F. HOLLINGS (SC) Thomas F. EAGLETON (MO) Lawton CHILES'(FL) J. Bennett JOHNSTON (LA) Walter D. HUDDLESTON (KY) Quentin N. BURDICK (ND) Patrick J. LEAHY (VT) James R. SASSER (TN) Dennis DeCONCINI (AZ) Dale BUMPERS (AR) Majority: Ted Stevens, Chairman Lowell Weicker Jake Garn James McClure Thad Cochran Mark Andrews Robert Kasten Alfose D'Amato Warren Rudman Minority: John Stennis William Proxmire Daniel Inouye Ernest Hollings Thomas Eagleton Lawton Chiles J. Bennett Johnson Walter Huddleston Staff- Susan Shekmar Dwight Dyer Fred Rhodes Subcommittee on Foreign Operations Majority: Robert Kasten, Chairman Mark Hatfield Alfonse D'Amato Warren Rudman Arlen Specter Minority: Daniel Inouye J. Bennett Johnston Patrick Leahy Dennis DeConcini Staff? James Bond Richard Collins Administrative Internal Use Only Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Administrative Internal Use Only IBepubRicans John G. TOWER (TX) Strom THURMOND (SC) Barry GOLDWATER (AZ) John W. WARNER (VA) Gordon J. HUMPHREY (NH) William S. COHEN (ME) Roger W. JEPSEN (IA) Dan QUAYLE (IN) John P. EAST (NC) Pete WILSON (CA) Democrats Henry M. JACKSON (WA) John C. STENNIS (MS) Sam NUNN (GA) Gary HART (CO) J. James EXON (NE) Carl M. LEVIN (MI) Edward M. KENNEDY (MA) Jeff BINGAMAN (NM) (FOREIGN RELATIONS RepubDicans Democrats Charles H. PERCY (IL) Claiborn PELL (RI) Howard H. BAKER, Jr. (TN) Joseph R. BIDEN, Jr. (DE) Jesse HELMS (NC) John H. GLENN, Jr. (OH) Richard G. LUGAR (IN) Paul S. SARBANES (MD) Charles McC. MATHIAS, Jr. (MD) Edward ZORINSKY (NE) Nancy Landon KASSEBAUM (KS) Paul E. TSONGAS (MA) Rudolph E. BOSCHWITZ (MN) Alan CRANSTON (CA) Larry PRESSLER (SD) Christopher J. DODD (CT) Frank H. MURKOWSKI (AK) SELECT COMMITTEE ON INTELLIGENCE ll epubllicans Democrats Barry GOLDWATER (AZ), Chairman Daniel P. MOYNIHAN (NY) Jake GARN (UT) John H. CHAFEE (RI) Richard G. LUGAR (IN) Malcolm WALLOP (WY) David DURENBERGER (MN) William V. ROTH, Jr. (DE) William S. COHEN (ME) Howard H. BAKER, Jr. (TN), ex officio Walter D. HUDDLESTON (KY) Joseph R. BIDEN (DE) Daniel K. INOUYE (HA) Henry M. JACKSON (WA) Patrick J. LEAHY (VT) Lloyd BENTSEN (TX) Robert C. BYRD (WV), ex officio Republicans Strom THURMOND (SC), Chairman Charles McC. MATHIAS, Jr. (MD) Paul LAXALT (NV) Orrin G. HATCH (UT) Robert DOLE (KS) Alan K. Simpson (WY) John P. EAST (NC) Charles E. GRASSLEY (IA) Jeremiah H. DENTON (AL) Arlen SPECTER (PA) Democrats Joseph R. BIDEN (DE) Edward M. KENNEDY (MA) Robert C. BYRD (WV) Howard M. METZENBAUM (OH) Dennis DeConcini (AR) Patrick J. LEAHY (VT) Max BAUCUS (MT) Howell T. HEFLIN (AL) Administrative Internal Use Only Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Adminisfaative Internal Use Only HOUSE OF REPRESENTATRVES Jamie L. WHITTEN (MS), Chairman Edward P. BOLAND (MA) William H. NATCHER (KY) Neal SMITH (IA) Joseph P. ADDABBO (NY) Clarence D. LONG (MD) Sidney R. YATES (IL) David R. OBEY (WI) Edward ROYBAL (CA) Louis STOKES (OH) Tom BEVILL (AL) Bill CHAPPELL, Jr. (FL) Bill ALEXANDER (AR) John P. MURTHA (PA) Bob TRAXLER (MI) Joseph D. EARLY (MA) Charles WILSON (TX) Lindy BOGGS (LA) Norman D. DICKS (WA) Matthew F. McHUGH (NY) William LEHMAN (FL) Jack HIGHTOWER (TX) Martin Olav SABO (MN) Julian C. DIXON (CA) Vic FAZIO (CA) W. G. HEFNER (NC) Les AuCOIN (OR) Daniel K. AKAKA (HI) Wes WATKINS (OK) William H. GRAY, III (PA) Bernard J. DWYER (NJ) William R. RATCHFORD (CT) William Hill BONER (TN) Steny H. HOYER (MD) M. Robert CARR (MI) Robert J. MRAZEK (NY) Republicans Silvio O. CONTE (MA) Joseph M. McDADE (PA) Jack EDWARDS (AL) John T. MYERS (IN) J. Kenneth ROBINSON (VA) Clarence E. MILLER (OH) Lawrence COUGHLIN (PA) C. W. Bill YOUNG (FL) Jack F. KEMP (NY) Ralph S. REGULA (OH) George M. O'BRIEN (IL) Virginia SMITH (NE) Eldon RUDD (AZ) Carl D. PURSELL (MI) Mickey EDWARDS (OK) Robert L. LIVINGSTON (LA) Bill GREEN (NY) Tom LOEFFLER (TX) Jerry LEWIS (CA) John Edward PORTER (IL) Harold ROGERS (KY) Administrative Internal Use Only Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Approved For Release 2007/10/29: CIA-RDP85B01152R000700980001-5 Administrative Rnternal Use Only Majority: Joseph Abbaddo, Chairman Bill Chappell John Murtha Norman Dicks Charles Wilson W. G. "Bill" Hefner Jack Hightower Les AuCoin Staff Jim Van Wagenen John Plashal Peter Murphy Majority: Clarence Long, Chairman David Obey Sidney Yates Matthew McHugh William Lehman Charles Wilson Julian Dixon William Gray Staff- APPROPRl(AT1