Statement of Administration Policy: S. 1718 - Intelligence Authorization Act for Fiscal Year 1997

(Senate)
(Senator Specter (R) PA)

The Administration supports Senate passage of S. 1718, as amended by the Senate Armed Services Committee, provided certain concerns detailed below are satisfactorily resolved. The Administration is pleased that the classified annex to S. 1718 largely reflects the President's Budget request. However, the Administration has concerns regarding certain measures in the classified annex pertaining to the National Reconnaissance Organization's (NRO) financial management, and will work with Congress to resolve these concerns.

The Administration opposes creation of three Assistant Directors of Central Intelligence (ADCI) responsible for Analysis, Collection, and Administration. The Intelligence Community Management Staff currently coordinates these functions throughout the Community. The Administration supports an organization with three Deputy Directors of Central Intelligence (DDCIs): a principal DDCI who may act on behalf of the DCI and two others responsible for intelligence community affairs and the Central Intelligence Agency, respectively. This arrangement would allow the DCI to focus better on his role as head of the intelligence community. The Administration supports the Committee's handling of the military status of the DCI and his deputy. However, the Administration would oppose any positions below the DDCI level (except for the General Counsel and the Inspector General) which would require Presidential appointment and the advice and consent of the Senate.

The provision requiring the DCI to concur or consult before the President appoints certain intelligence officials raises constitutional concerns regarding circumscription of the President's appointment authority. Also, it would not be appropriate to require the DCI's consultation prior to appointing an individual to fill the vacancy of Assistant Director, National Security Division of the FBI, given the law enforcement responsibilities of this position. While the Administration supports the concept of obtaining the DCI's concurrence or consultation prior to appointment of certain other intelligence officials as specified in both S. 1718 and the Defense Authorization bill for FY 1997, the Administration proposes to do so itself through an Executive order to avoid such constitutional concerns.

The. Administration opposes the bill's provisions that seek to legislate the manner in which the President organizes and runs the National Security Council, in this instance by mandating creation of particular committees. Such efforts to dictate the President's own policy process unduly intrude upon Executive prerogatives and responsibilities. The Administration also opposes the establishment of a Commission on Proliferation as unnecessary. Current interagency coordination of counter proliferation activities is working well.

The Administration opposes provisions barring CIA employees from representing a foreign government or foreign political party for five years after leaving the CIA. This ban imposes unfair and inequitable restrictions on CIA employees. The Administration favors equal treatment for CIA employees as reflected in current law.

The Administration applauds the bilks intent to strengthen intelligence support of law enforcement and to counter economic espionage. In particular, law enforcement efforts would be enhanced by the provision that makes explicit the intelligence community's authorities to collect information on non-U.S. persons abroad in response to tasking from law enforcement agencies. As for economic espionage, the Administration has concerns about some of the provisions of Title V of S. 1718. The Administration will soon send legislation to. Congress to provide appropriate sanctions against persons who engage in the theft or unauthorized use of trade secrets and will work closely with Congress to enact this legislation

Finally, while the Administration supports the proposal for Congress to disclose the total appropriation for the intelligence community, it opposes the requirement to release the total President's Budget request for intelligence.