[国会纪录:2008年9月11日(参议院)] [Page S8416-S8417]提交了决议______参议院第655号决议 - 改善美国债券先生的智力活动的国会监督(为自己,洛克菲勒先生,以及洛克菲勒先生,以及怀特豪斯先生)提交了以下决议;委员会提交了规则和管理委员会:S. Res。655,而参议院的智能委员会是由参议院第9次第94大会第400号决议制定的,以监督并继续研究美国的情报活动;[[页S8417]虽然参议院第400页特定要求,情报委员会的选择委员会由每方的至少两个跨国成员组成,来自召开召开委员会,委员会委员会委员会委员会关于对外关系和参议院司法委员会委员会,该委员会将向会员洞察介绍智力监督事项的委员会;虽然国家恐怖主义委员会对美国的恐怖袭击事件(如“9/11委员会”)对2001年9月11日的恐怖主义袭击事业和情况进行了漫长的审查,包括那些与情报界,执法机构和国会监督和资源配置的作用有关;虽然在最终报告中,9/11委员会发现,根据参议院的规则和报告完成后代表的议员,国会委员会负责监督情报活动的监督缺乏权力,影响力,持续能力,以满足美国智力界面临的艰巨挑战;虽然在最终报告中,9/11委员会进一步发现,只要监督由参议院和代表所的规则所限制,美国人就不会得到他们想要和需要的安全; 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 [[Page S8419]] 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 [[Page S8420]] 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? ____________________