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THE CREATION OF THE NATIONAL
IMAGERY AND MAPPING AGENCY:CONGRESSS ROLE AS OVERSEER
Occasional Paper Number Nine
April 2002
Joint Military Intelligence College
DEFENSE
INTELLIGENCE
AGENCY
UN
ITED
STATES OFAME
RIC
A
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The Joint Military Intelligence College support
research on intelligence issues that distills less
support to policy-level and operational c
This series of Occasional Papers presents the work of faculty, students aintelligence issues is supported or otherwise encouraged by the Join
through its Office of Applied Research. Occasional Papers are distribut
schools and to the Intelligence Community, and unclassified papers are
the National Technical Information Service (www.ntis.gov). Selected pap
the U.S. Government Printing Office (www.gpo.gov).
Proposed manuscripts for these papers are submitted for consideration
torial Board. Papers undergo review by senior officials in Defense, Intelian academic or business communities. Manuscripts or requests for ad
Papers should be addressed to Defense Intelligence Agency, Joint Milita
of Applied Research, MCE, Bolling AFB, Washington, DC 20340-5100.
Russell.Swen
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Occasional Paper Number N
THE CREATION OF T
NATIONAL IMAGERY AND MAP
CONGRESSS ROLE AS OV
by Anne Daugherty Miles, Ph
JOINT MILITARY INTELLIGENCE
WASHINGTON, DC
April 2002
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CONTENTS
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Creation of NIMA: Congresss Role as Oversee
Why NIMA?. . . . . . . . . . . . . . . . . . . . . . . . . . .
Early 1990sPowell Objects. . . . . . . . . . . . .
CIOA Sponge Hammer . . . . . . . . . . . . . . .
Mid 1990sThe Executive Branch Presents a
Understanding Turf. . . . . . . . . . . . . . . . . . . . .
DMA Brought into the Fold . . . . . . . . . . . . . .
The Legislative Strategy. . . . . . . . . . . . . . . . .
Inside BaseballDavid versus Goliath . . .
NIMA in ConferenceHNSC and SASC . . .
A Three-Ring Circus . . . . . . . . . . . . . . . . . . .
The Appropriators. . . . . . . . . . . . . . . . . . . . . .
A Letter from the Speaker . . . . . . . . . . . . . . .
Created On Schedule . . . . . . . . . . . . . . . . .
Recommendation for Further Research . . . . . .
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Appendix E-3104-337, SGAC Report. . . . . . .
Appendix FLetter to Newt Gingrich . . . . . . . .
Appendix GMemorandum of Agreement, SAS
Appendix HLegislative Package Briefing . . . .
Appendix INIMA Decision Process Briefing C
Appendix JImagery Functional Management B
Appendix KNIMAWhats Included Chart .
Appendix LNIMAWhats Excluded Chart .
Appendix MDoD Directive 5105.60, 11 Oct 96Establishing NIMA . . . . . . . . . . . . . . . . . . . . .
Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
About the Author . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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PREFACE
In October 2000, the National Imagery and Mapping
fourth anniversary. That occasion marked a significant mile
the Intelligence Community. In the previous four years the l
established an identity and culture for the agency and had d
strategy. That is not to say that there are no more challenge
government agencies, NIMA faces issues of downsizing atransformation and integration. However, in view of the ag
for meeting these challenges, at the Agencys fourth annua
Henry H. Shelton, Chairman, Joint Chiefs of Staff, remarke
as a key component in arming decisionmakers and operator
knowledge... NIMAs customer focus is the big reason that y
in the four short years of your existence as a separate agency
During the spring and summer of 1995, I served as execu
known as the NIA (National Imagery Agency) Steering G
various NIA Working Groups. I was in a unique position to
tics that led to the decision to establish NIMA. Thereafter, I
the implementation period from December 1995 until NIM
NIMA was formed from eight different agencies from
Defense and the Intelligence Community. At the outset,
above all else, the quality and timeliness of service to custo
sition. This meant protecting imagery intelligence and
from the bureaucratic blizzard of new policies and procedur
new organization (literally hundreds of policies had to be rev
or modified, and the streamlining process still goes on toda
ing task was to begin the process of creating a NIMA cultur
In December 2000, the congressionally-mandated ind
found that NIMA is an essential component of U.S. natio
mation dominance. This agency has come a long way in
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FOREWORD
Although several articles have been written on the cre
and Mapping Agency (NIMA) from the executive branch
icled the attendant debate on Capitol Hill. Creating the N
Agency: A Studies Roundtable, is the most comprehensiv
on a discussion in November 1997 between the editorial b
and key participants of the NIMA implementation team.1
point for the present case study of congressional decisionm
which focuses on the struggle in Congress, rather than in t
The present monograph may be characterized as a case s
seer of the U.S. Intelligence Community. A case study can
Congress on a day-to-day basis, offering a perspective that go
of procedure to illustrate the human dynamics of the decisistudy offers the advantage of depth and detail, but only one c
generalization. Works that do offer a more theoretical overvie
a context within which to judge whether elements of a part
Thus, it is has become the norm in academic treatments to p
Eric Redmans, The Dance of Legislation, is a classic examp
the creation of the National Health Service Corps in the ea
augment textbooks about Congress in countless classrooms acation in 1973. Similarly, Birnbaum and Murrays more re
details the passage of the Tax Reform Act of 1986 and has a
supplement in courses on the Congress.3 Unfortunately, in
sional decisionmaking on intelligence issues are too few to h
textbook offering a theoretical context for this decisionmakin
The case study presented here illustrates the combinat
that resulted in the establishment of NIMA in 1996. It ha
those who are studying Congress and the U.S. Intelligenc
role of the House and Senate Intelligence Committees and
ith th itt t ifi ll th A d S
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be read with that context in mind, and any generalizations ba
be made with extreme care.
Although oversight is often associated with confrontatio
pected wrongdoing, the reality is that most oversight is routin
mal authorization and appropriation process.7Legislative ove
that Congress has the information it needs to develop legislat
tation of public policy and disclose to the public how its gove
sight objectives vary. The focus may be on promoting ad
economy in government, protecting and supporting favored p
an administrations failures or wrongdoing, or its achieveme
members or committees goals, reasserting congressional au
tive branch, or assuaging the interests of pressure groups.8
law is passed. According to Senator Phil Gramm (R-TX) C
passing this law. We have to make sure the law works.9 Inadopted its role as overseer in first determining whether the co
one, and it has continued to exercise its oversight responsib
establishment to ensure that the agency evolved in the way en
Beyond the personality and politics evident in this case, it i
fact that congressional members and staffers take their oversig
ously. The creation of NIMA was an executive branch propos
every angle on the Hill. The concerns of a myriad of intereste
workers, NIMA customers, NIMA components, constituents
Staffwere all funneled into 13 different congressional com
marily by the Intelligence and Armed Services committees. T
ability to weigh the merits of a host of special interests in a wa
its members and hopefully results in good public policy. In itskeptical, demanding justification for each and every propo
overseer, to stay a part of the process, to have a seat at the ta
tees must have jurisdiction over an executive branch agency
in this case, jurisdictional concerns were paramount largely
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THE CREATION OF N
CONGRESSS ROLE AS OV
Mr. Chairman and Members of the Committee... w
redundant capabilities in several different agencies
ately to consolidate the management of all imagery
distribution. In my judgment both effectiveness and eby managing imagery in a manner similar to the Na
organization for signals intelligence.10
Director of Central Intelligence (D
WHY NIMA?
The consolidation of imagery promised by John Deut
SSCI, in his confirmation hearings for the position of D
was a direct reference to the concept of a National Imagery
agreed with those who wanted to assemble all or part of as
grams into a single, focused imagery agency. The pieces to
Defense Mapping Agency (DMA),
Central Intelligence Agencys National Photographic
Central Imagery Office (CIO),
National Reconnaissance Office (NRO) Imagery Pro
Defense Airborne Reconnaissance Office (DARO),
Defense Intelligence Agencys Photographic Interpre Defense Dissemination Program Office (DDPO) and
Central Intelligence Agencys imagery-related eleme
According to Leo Hazlewood, then CIA Deputy Directo
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with examining the structure guiding the Intelligence Comm
one of its recommendations was to integrate imagery and mthe entire defense establishment was a popular idea in the ear
of the Berlin Wall in 1989.14At about the same time, reorga
Community was popular in the aftermath of DESERT STORM
the attractiveness of a NIMA concept to three particular probl
operation: jurisdictional disputes over the dissemination of i
authorities, and confusion over who owned NPIC (CIA orsought solutions to these problems and many others. Its reco
like NIMA was based on a conceptual seed planted by Keith
wood calls the intellectual father of the NIMA concept. As
of Defense for Intelligence and Security at the time the Pane
his idea to several panel members. In fact, the FY 1992 Int
recommended establishing a National Imagery Agency (NI
Panel recommendation. The timing was not right, however, in
islative branches, for reasons discussed later in this article.
years and the notoriety of problems associated with the Cent
make NIMA happen.
NIMA was created near the end of the 104th Congress
were numerous proposals to reorganize the U.S. Intelligence
sive review undertaken by the House Permanent Select
(HPSCI) culminated in a lengthy document titled IC21: Int
21st Centuryand legislation called theIntelligence Communi
to the floor of the House on 13 June 1996. Also in 1996, the S
Intelligence (SSCI) was engaged in its own hearings, buildi
interviews carried out in the early 1990s. The Commission o
of the U.S. Intelligence Community, known as the Aspin-Brwinding up a year-long investigation along these same lines.
sion presented its report to the SSCI in formal testimony on
Chairman and Vice Chairman, Senators Specter and Kerrey,
Senate as S 1593 on the same day
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budget execution, missions, procedures, products and me
reports recommended, to varying degrees, expanded authoriobligate or spend IC funds to better manage his domain. The
the expense of the Secretary of Defenses authoritiescreat
Armed Services committees. There was a feeling that intell
different ways without any plancreating redundancies an
no DCI could manage it well. Part of the need for an incre
increase efficiency, and in the process, also increase the quasupport. Thus, the NIMA was part of a larger plan to grou
activities together in an effort to improve management of
improve efficiency, and improve customer support. Disagre
tered on whether a NIMA would, in fact, accomplish those g
In order to understand the larger context in which NIM
the activities of the intelligence committees in the early 19
EARLY 1990sPOWELL OB
The early 1990s found the intelligence committees conc
nize the communitybut not equally so. The two committ
act autonomously much of the time. The priorities and change over time and have much to do with the leadership
Staff Director. Senator Boren (D-OK) was nearing the en
the SSCI and clearly saw this reorganization effort as his l
IC. Senator Boren was also a good friend of DCI Bob G
worked closely throughout this period.18A staffer remem
approximately 185 people, all off the record, and for no
The House Permanent Select Committee on Intelligenc
with reorganization of the Community but not to the sam
by Representative David McCurdy, the HPSCI tackled reo
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true relationship between the two committees, the package o
offered jointly by Boren and McCurdythe bulk of whichAuthorization Bill.20 The legislation recommended establ
Agency (NIA)21in line with the Burnett Panel recommendat
Some of the recommendations in the intelligence autho
received by either the executive branch or the Armed Servi
were considered too far reaching.22DCI Gates, in a statemen
in the Intelligence Community, warned of deep reservations
Military Services about a proposed NIA that would include N
Imagery. He said that he, Secretary of Defense (SecDef) Ch
agreed to approach the problem a step at a time including at
changes to strengthen the coordination and management of ta
my creation of a small organization that will become part of th
According to Leo Hazlewood, Gates recognized the fact th
be solved and was willing to place national imagery assets w
fix the problems associated with DESERT STORM. He rem
bling block to a NIMA in 1992 was CJCS Colin Powell.24S
was supportive, telling a staffer, We need a strong DCI, an
DCI initiatives.25General Powell was briefed on the Burnett
convinced that DMA was not broken, could not be persua
NIMA plan. According to Hazlewood, once Powell killed NI
together to see what could be done to fix imagery within t
From that meeting, the Central Imagery Office (CIO) was bor
The CIO was deemed acceptable by all parties in the exec
Leo Hazlewood stressed that CIO was an executive branch coaccepted as a first-step solution.27The CIO alternative had lim
ties. As noted in the Aspin-Brown report, most imagery e
Community, including the largest imagery exploitation org
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outside the new office, which had limited policy authority
outside elements. CIO did retain control of the tasking oand made strides in setting standards and policy to gove
tion.28In sum, Politics, after all, is the art of the possib
CIOA SPONGE HAMM
In January 1993, Senator Dennis DeConcini (D-AZ) to
with Senator John Warner (R-VA) as the Vice Chairman, w
man (D-KS) took over the HPSCI with Congressman Larr
Minority Member. During this period, a growing number
executive branch became convinced that CIO was not the
Its Director, Dr Annette Krygiel, described CIO as a real clout because of its lack of budget authority and lac
CIOs problems stemmed from the fact that DMA, NPIC, C
were all outside its authority! It had real control over only
DCIs tasking committee (the Committee on Imagery Re
Despite these organizational difficulties, its responsibilities
By the time the 1994 elections ushered in a new Repub
the climate had shifted and there was more of a grassroot
agency.32Leo Hazlewood recalls, however, that if there w
for an NIA, it was only in DIA/PGX (Imagery) and CIO. D
opposed.33In fact, many organizations were vocal in their
against an NIA (despite Deutch being in favor), and refusi
the situation, all the way up to its actual establishment.34S
being brought onto the NIMA Implementation Team as i
and Congressional Liaison. She recalls that the Team was s
guerrilla warfare aimed at us. The Implementation Team w
t h b ti fi ht b t CIA d D D d
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January 1995 ushered in the first session of the 104th Con
Combest (R-TX) took over the House Intelligence CommitteDicks (D-WA) as Ranking Minority Member. Senator Arlen S
Senate Intelligence Committee as Chairman37with Senator
Vice Chairman.38
Senator Specters opportunity to Chair the SSCI came some
Specter left the committee in 1990, even though he had served
year term, having made an agreement (in writing) with Sena
return in January 1993, with his seniority intact, and serve as
man. However, by 1993, Senator John Warner, who was co-eq
seniority and had lost his ranking member position on the S
Chairmanship position. After heated discussions among Dole,
ary 1993, and more assurances from Senator Dole, Senator Spec
until January 1995. By waiting the extra two years, Senator Spman when the Republicans gained control of the Senate in the N
Also in January 1995, DCI Woolseys resignation was ac
General Michael Carnes (USAF, Ret) was nominated40 to take
was still Deputy Secretary of Defense. In his role as DepSecDef,
Hall (in his role as Deputy Assistant Secretary for Intelligence
the Intelligence Community along with Halls solutionsone of
The idea was apparently well received because when Joh
be the new DCI, Halls idea emerged in Deutchs testimony
became just a matter of time and determination. The agenda l
timony became known as the symphony, and Admiral D
charge of implementing it. To achieve the NIMA objective, ANIA Steering Group.41
In mid-June, the Steering Group approved a Terms of Re
tered an NIA Task Force. The Task Force, chaired by E
ti f th NIA th t t k th t CIO ith f
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extreme (the so-called CIO on steroids solution) and
full budgetary and management authority as the other echoices in-between. Over the summer, the options were n
finally 1.43DIA, the Service Intelligence Chiefs and the
agreed to some Abiding Principles, one of which was
Support Agency.44
MID 1990sTHE EXECUTIVEPRESENTS A UNITED FR
The mid 1990s found the entire Congress fully engage
Aspin-Brown Commission, chartered by the Congress in 1
throughout 1995 and reported in March 1996 that its conclu
cided with the DCIs.45
Despite early promises that Aspin-Bthe table,46the final report made only modest, incrementa
SSCI began building on its previous research and the mod
tions, with many staffers still present who had conducted
Because the changes the committee ended up with tended t
themselves, they were largely evolutionary in natureand
part, to both the executive branch and other committees suc
The HPSCI elected to break new ground, not having pre
took a different path under Chairman Larry Combest, resu
ligence Community in the 21st Century, published by the H
Combest hired Mark Lowenthal, a man with many years
and the executive branch and noted for his numerous pub
because he could conduct the broad type of inquiry Comand Combest agreed on a manner of approach.49The repo
43According to Mark Lowenthal, staffers felt that these options were f
broad range of alternatives but only a few really had any chance of happe
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saying, Everything is on the table. There are no sacred cow
missions or functions.50
The changes proposed in IC-21 wereand largely unacceptable to both the executive branch and
Armed Services (at least at first, for reasons mainly due to tur
A major theme in IC-21 was the elimination of stovep
House Intelligence committee suggested more synergy and
break down barriers created by too many stovepipes and wa
within the IC seems to be one that would reinforce the stovepounding problems for little or no perceived gain.53Thus, t
executive branch proposal for an NIA was Why do you wa
fact, the SSCI thought that the HPSCIs reorganization of th
different stovepipes by inserting another layer of authority o
Leo Hazlewood remembers responding that NIMA would
designed to improve access to imagery-derived information.56
The HPSCI was also opposed to NIMA because it thought
win, strategic support would lose.57As Mark Lowenthal reca
would suck up imagery to the military with nothing left ove
too hard for non DoD to get the assets they needed when the
believe that an organizational fix like NIMA was the right wa
lems associated with the Gulf War.... And, we also saw to
between cartographers and imagery analysts for the agency to
It is important to note, however, that theHouse Intelligenc
not united in their opposition to the NIMA concept. While
Director Lowenthal and most of the Republican member
another stovepipe, the Democratic members and stafferemained undecided. The Democrats were more inclined to s
position than the Committee Chairmans.
49 Lowenthal interview
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UNDERSTANDING TU
In Turf Wars: How Congressional Committees Claim Ju
that committee jurisdictions are like property rights and
more closely guarded or as fervently pursued.59Turf ba
ence in their rawest forms. They are about property rights
legislatures, jurisdictions distinguish one committee from an
sense, a lawmakers legislative power base.60
The two intelligence committees are not equal in their j
gence Community, resources have traditionally been categ
as national intelligence assets in the National Foreign Intel
under the supervision of the DCI, or tactical intelligence as
and Related Activities (TIARA) Program, belonging to the
creation in the 1970s, the HPSCI was given jurisdiction ov
grams, while the SSCI was given jurisdiction over only th
gory, the Joint Military Intelligence Program (JMIP), wa
defense-wide intelligence assets.62This development cau
until a Memorandum of Understanding was signed betwee
ing that the SSCI had no formal jurisdiction over either th
can and does make recommendations to the SASC concernzations, and those recommendations are usually accepted.
Within the NFIP, the situation for the two intelligence
SSCI and HPSCI have sole jurisdiction over the non-def
gence Program (NFIP).64Armed Services has the authorit
sequential referral, but they cannot claim shared or sole jurgrams.65The SSCI and HPSCI share jurisdiction with Ar
portions of the NFIP.66
59 David King Turf Wars: How Congressional Committees Claim Ju
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Thus, in 1995, since the House National Security Com
with the HPSCI for all defense intelligence programs, it waconcept be supported by both the Intelligence and Armed S
the Pentagon (the JCS and the Office of the Secretary of Def
HNSC had little reason not to. According to Mark Lowen
increasing its turf.68Since members of the HNSC were unite
the HPSCI Republicans ultimately stood alone in their oppos
The SSCIs concerns about NIMA were jurisdictional in n
dered whether all the money associated with imagery was
Military Intelligence Program,70and thus remain under the p
SSCIs jurisdictional concerns reflected its deeply felt comm
strategic focus intact. Senator Kerrey72in particular, was wo
ignated a combat support agency that fell entirely under
NIMA would focus all or most of its energy on military snational-level policymakers at the National Security Council
like. Without jurisdiction, the SSCI would lose important infl
which NIMA was conceived and implemented.73The NIMA
NIMA as falling within the NFIP and briefed it that way.74
Like its House counterpart, the Senate Armed Services Cthe idea of NIMA. Unlike the Senate Intelligence Committee
tional issues because the new agency would fall either compl
tion or be shared with the SSCI. The DoD wanted NIMA des
Agency and as such, to fall under an amended Title 10 of t
the result of which would place it within SecDef and SAS
SSCI jurisdiction.
67 The House Armed Services Committee became the House National Se
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DMA BROUGHT INTO THE
Sometime between September and November 1995,
objections, that DMA would be included in the envisione
DMA continued to have reservations about joining thr
Deutchs remarks throughout 1995 indicate that he alwa
organization.75From a strategic point of view, Deutch wou
7,000 people added great clout to the proposed organizati
jurisdiction. In addition, as William Allder recalls, Wh
potential for shared and complementary technologies th
imagery and mapping businesses in the future, he saw a se
that could be pursued most effectively through a single set
target date for stand-up of the new agency was set for 1 Oc
On 27 November 1995, a joint letter of agreement onagency, to be known as NIMA, was sent to House Speaker
ity Leader Robert Dole and appropriate Congressional Co
tary of Defense Perry, DCI Deutch, and General Shalikashv
We believe that the consolidation of imagery resources
gle agency within the Department of Defense will imp
ness and efficiency of imagery and mapping support to customers.Accordingly, we have agreed in concept to
and Mapping Agency that would have responsibility
similar to what the National Security Agency has for si
At this point, a NIMA Director-Designate was appoin
Team drawn from the intelligence and mapping commun
RADM Joseph (Jack) Dantone, Jr., USN, was announHis three deputies were Dr. Annette Krygiel from CIO, Le
Douglas Smith from DMA. Sharon Basso moved over fro
munications and Congressional Liaison and was responsib
strategy to push NIMA through Congress quickly The
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THE LEGISLATIVE STRATE
Thus, by the time the Implementation Team was assemble
to craft a package acceptable to both the executive branch a
from Deutch was constant. He ordered them to be on the Hil
the interests and concerns of relevant committees, members
was the teams eyes and ears on the Hill. She remembers th
team received from CIAs Congressional Affairs Office.80Tea
ings with anyone who would agree to hear them out. Accordi
rarely had the time and most considered it a staffer issue. H
Members the hardest group to schedule time with and r
appointment four times with one Congressman before finally
tion year, and setting up a new agency was not high on their l
Leo Hazlewood remembers that the team had to worry aboteesIntelligence, Armed Services, Appropriations, Foreign R
dom of Information matters), Government Operations (on perso
the House and Senate)plus the Joint Committee on Printing
in-house capability was needed for printing classified informa
ever, was spent with the Intelligence Committee staffers. Quest
mittee jurisdictional concerns (protecting DCI or Secretary obalance national and combat commander support, the nature o
ture, cost and programmatics (NFIP or JMIP), personnel conce
membership issue, and constituent interests. He recalled bein
take jobs out of my district? This became a big concern of Mi
(DMA in St Louis, MO) and Senator Arlen Specter (DMA in P
In both January and February 1996, the team held NIMA Dinviting staffers from all relevant committees out for briefings
Why Now? About nineteen staffers came to the first, represen
Services and the Intelligence Committees. Staff members from
i t ll Sh B b it t th
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Edward Obloy, the teams legal counsel and Chairman
described three most contentious issues the legislative stratepersonnel issues to include how to keep employee unions iCIA personnel into NIMA, (2) how to ensure both a straagency, and (3) who (the DCI or SecDef) should be responCompromise characterized the final solution to all three con
The union issue was particularly sensitive because it was
House had no intention of alienating a key constituency. Talways prohibited unions based on national security concernsbe made for DMA union members or the NIMA concept waexecutive branch. Leo Hazlewood remembers that Harold Icof Staff, became personally involved in resolving the issue. Uaccepted into NIMA with resolution of the issue deferred unt
The strategic and tactical focus was resolved through langTitle 50. The CJCS was placed in charge of reviewing NIMAport and the DCI was tasked to review its ability to provide tomers. Likewise, collection and tasking responsibilities werThus NIMA officially, by statute, serves two mastersthe Dgressional overseersArmed Services and Intelligence.
On the floor of the Senate, Senator Kerrey explained his poas a combat support agency, which would distance NIMA frocially designated by Congress as combat support agencies. Hterm was first used in the Goldwater-Nichols Defense ReorgaDoD agencies that have wartime support functions and a requiCJCS to ensure combat readiness.86Using that logic, Congre
Security Agency (NSA) as a combat support agency because NDoD. Congress subjected NSA to periodic review by the CJCwere concerned. Senator Kerrey argued that NIMA should haever, he agreed that since DMA would make up the largest pogo along with the combat support agency designation under T
i (b l i h i b f i
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Obloys legal team wrote the statute, legislative history and le
drafting service for the Hill.89
This saved considerable time foIn putting the legislative package together so thoroughly, the
all the stakeholders90in the executive branch (including the
Budget) knew what was going on. Regular meetings were hel
the working groups were drawn from throughout the relevan
NIMA team briefed all the CINCs at a CINC Conference being
February 1996. At that meeting, General Shalikashvili reiterateNIMA.91February 1996 was also when the first meeting of th
(CAB) was held. That group comprised national and military or
to provide a customer perspective to the Implementation Team.
the National Intelligence Council and Joint Staff representative
Ultimately, the most important executive branch player was th
Budget (OMB). A clearinghouse for all executive branch legisbless NIMA by 15 April. Fortunately, by mid-April, the legisla
sively coordinated within DoD, was in OMB at the time, and ha
officials and their general counsels. The final signature was pro
remembers having to take the package to the Hill on 15 April, w
although it did get cleared by the 23rd. He knew the Hill staffe
deadline, that missing the deadline would kill all chances of psession, and he was sure enough of OMB support to take the cha
DoD General Counsel, for helping NIMA through its last execut
INSIDE BASEBALLDAVID VERSU
The jurisdictional disputes between the SASC and SSCI cam
1996 when the committee bills were ready for markup. Commitrevise bills in a process called a markup session in which the
According to congressional rules, a bill with overlapping jurisd
more committees have formal budgetary authority over some pa
sequentially so that each concerned committee has an opportuni
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budget is hidden in the defense budget. Because so many b
sequential referral is a necessary evil but one that can plagies. Some staffers like to refer to sequential referral as i
In terms of member prioritiesreelection, influence with
intelligence and armed services committees are not equal.
include: Appropriations, Armed Services, Commerce and Fi
is the single largest controllable segment of the yearly fede
Armed Services Committee has always been popular. Wdefense establishment, the immense size of the annual Armed
tion bill makes these committees the thousand pound goril
Services committees are used to being deferred to. As one s
other committees are always trying to get a piece of that pie.9
interpersonal relationships are so important on the Hill, it is
anything to upset cordial relations with any committeeespeIn 1996, this baseball game (the sequential referral pro
esting than usual. The Senate Armed Services Committe
Committees authorization bill (numbered S. 1718) on seq
the SASC took the SSCIs bill in order to have a chance to
was as usual, and in accordance with Senate rules, precede
its referral period, the SASC took exception to many of theals, and crossed out all SSCI references to NIMA(placed b
ing its mark. Still supportive of the NIMA concept, the
establishing NIMA into the SASC bill under Title 10 and e
completely, particularly those that appeared to increase t
DCI at the expense of the Secretary of Defense.97
94SSCI Professional Staffer interview.95 Davidson and Oleszek 208 In comparison the intelligence comm
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The SASCs actions so infuriated the SSCI that Senator
the SSCIs taking the SASCs National Defense bill (numbereferrala highly unusual move!In other words, it was not
Davids bill on sequential referral, but very unusual for David
In the committee report issued by the SASC to accomp
Authorization Bill, SASC Chairman Senator Thurmond voic
SSCI over the issue of sequential referral.98
The SSCI nonetheless included many of the controversia
thereby creating a significant disagreement between the
Once S. 1718 had been referred to the SASC on sequenti
ligence Authorization Bill is every year), the SASC C
Minority Member agreed to enter into negotiations with
resolve these differences. Notwithstanding this effort to wgood faith, the Chairman and Vice Chairman of the S
dented step of requesting sequential referral of the Defen
The SASC Chairmans anger was also apparent in other pa
His comments concerning a Department of Intelligence ar
posals in the SSCI bill which would have expanded the DCI
the SecDefs. (Italics added by author.)
S. 1718, as reported by the SSCI, contains a number o
sions, which the SASC opposes and the executive bra
On April 15, 1996 the Chairman and Ranking Minority
wrote to the Chairman and Vice Chairman of the SSC
regarding these issues and to urge the SSCI not to incluthe Intelligence Authorization Bill for Fiscal Year 1997
In general, these provisions seek to shift a significant de
the Secretary of Defense to the Director of Central Inte
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and the DCI has not sought such authorities. If S. 17
rent form, it would almost certainly be vetoed....
Title VIII of S. 1718, as reported by the SSCI, establ
ery and Mapping Agency (NIMA) in Title 50, U.S.C
port Agency. The executive branch had requested tha
Title 10, U.S.C., and be designated in law as a Com
SASC-reported Defense Authorization Bill contains
tive charter for NIMA, which, with a few minor excethe executive branch proposal.
As one staffer notes, the SASC is used to assaults from
just another assault to be warded off. In fact, he rememb
SASC and SSCI were high at that particular time. The two
resolved the issue of jurisdiction over JMIP funds, with the
randum of Agreement in April 1996 relinquishing to the SAAccording to both Leo Hazlewood and Ed Obloy, Eric Tho
was NIMAs guardian angel. Convinced at the January NI
NIMA was the right thing to do, and persuaded by the
SecDef and CJCS approved, Thoemmes helped to she
through the committee. He helped team members talk to th
and calm the waters stirred up by the sequential referral up
SASC members may have been unaware of how deep
NIMA under Title 50thinking it to be a Staffer issue as o
In fact, the SSCI felt so strongly about keeping NIMA wi
members decided as a committee to fight the SASC by req
bill on sequential referrala request never made by the SSC
confrontation between the two committee chairmenStrom
99 SASC Professional Staffer interview See Appendix F for a copy o
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A SASC staffer remembers that confrontation and the ma
staff level. Ultimately, it came down to a meeting between out the most contentious issues. At one point, these Memb
DepSecDef White and Vice-Chairman, JCS Ralston to decide
with NIMA as a Combat Support Agency under the DoD.
One big issue between the SASC and SSCI had to do wit
would be military; if military, whether it would be a two-
three-star billet, whether the services would get an additionwould have to take it out of hide (meaning the total num
divided among the services). A three-star billet was agreed
tor would be equal in rank to the Director of DIA, NSA, NR
SASC wanted no increase in three-star billets. According t
did not lobby hard enough for an additional three-star bille
although NIMA did end up with the option of either a seniorthree-star billet has to be borrowed from the service that n
tor. Thus, RADM Dantone had to be called Acting Dire
because he had two stars, not three.
Having taken the SASC bill, and earned the wrath of Se
such as Senator Stevens, the SSCI released it ahead of sched
SSCI committee report accompanying the SASC Defense Au
conciliatory, although he makes some pointed references to S
tee report. Senator Specter makes a point of justifying the SSC
and the speediness of its review.104
After careful review, including extensive discussions a
staff and member level with the Armed Services ComDirector of Central Intelligence, the Deputy Secretary of
Chairman of the Joint Chiefs of Staff, the Committee v
with amendments on June 11well before the expiratio
session allotted in Senate Resolution 400 for considerat
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upon, the DCI will have the ability to ensure that a n
Mapping Agency will be responsive to the needs of a
NIMA IN CONFERENCEHNSC
Typically, once the HPSCI and SSCI have resolved the
vices, and any other committee with overlapping concern
Judiciary, each bill is reported from committee and s
chamber. Here is where the reputation of the Intelligencemost critical. In the words of one HPSCI staffer, the chai
the entire chamber and ask fellow members to trust him
have made the right decisions because the majority of th
Members can come to the committees work spaces and
the bill but few do. Most trust the committee and its st
thing. He calls the committees role the lubricant betweand legislative branches, allowing a secret part of the gov
in an open society that inherently distrusts any operation
Before bills can be sent to the president, however, the
House and Senate in identical form. House and Senate diff
ference. In the usual course of things, conferees include
tees that sponsored the legislation, but can sometimes inclwith important overlapping jurisdiction.107
NIMA would normally have been conferenced by th
in which HPSCI committee members sit across the table f
to iron out any differences.108Had that happened, the S
to take advantage of the divided House, using the isola
cans on the NIMA issue to win its passage.109NIMA, how(since the SSCI had, in fact, eliminated NIMA language in
rization Bill in order to gain Senate passage of the bill) an
HPSCI110or SSCI bills pertaining to NIMA. NIMA was in
th HNSC t f di tl ith th SASC Th ith
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A THREE-RING CIRCUS
Newspaper articles discussing committee differences referr
ring turf battle par excellence. Washington Post staff write
Walter Pincus named the ring leaders as DCI John Deutch, De
senting SecDef Perry) and Senator Specter. Waiting just ou
Pincus, is Senator Ted Stevens (R-Alaska), Chairman of the A
committee and booster of the Pentagon and Senate Armed Ser
man of the Senate Governmental Affairs subcommittee handlhas gotten sequential referral on Specters bill and is holding it
Senator Stevens actions came as a great surprise to th
According to Charlie Battaglia, Senator Stevens staff never pr
why the committee was taking a sequential referral on the SSC
of his several offers to negotiate changes or provide clarificatio
Senator Stevens was using the procedure as a tool to show su
and reprimand the SSCI for overstepping its bounds.112
THE APPROPRIATORS
The committees discussed thus far (Intelligence, Armed S
and so on) are authorizing committees and through their billexist. Authorization committees review the merit of existing
decide whether to authorize money for them in the coming fis
authorizers is whether programs have merit, and how to priori
There is only one Appropriations Committee in each ho
divided up among its 13 subcommittees. Each agency in the
upon one of those thirteen appropriations bills for its budget dgram is both authorized by an authorizing committee, such as
priated funds by an appropriating subcommittee such as the
Subcommittee on Military Construction.
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authorizers. In addition, Sharon Basso recalled that Sen
Defense Appropriations Subcommittee, had wanted a NIAtime. He was unhappy with CIO and his staffer kept whac
to pay attention. She also remembered that House appr
that information got to the guy in the foxhole and thoug
able to do that.113
Not surprisingly, appropriators focused in on DCI Deu
ciency and cost savings as a result of the consolidation of cover ways in which the new agency could save money. T
resolved, however, and the implementation team considere
cause for concern.114
A LETTER FROM THE SPE
Despite their isolated position, Leo Hazlewood remembeto mobilize other House Republicans to Just Say No to NIM
ence committee over the DoD Authorization Bill. Furtherm
HPSCI staff briefed Speaker Gingrich on the issue and conv
In response, the Speaker wrote a letter of objection.115Lowe
is, after all, an ex officiomember of the HPSCI and is therefo
express his opinion on the subject within the House and Senahave been circulated among key Republican members throug
signal to the conference committee members not to support t
The fact that the Speakers letter had so little effect illus
the Senate, but also the momentum that the NIMA concep
support from both key players in the executive branch and C
at this late stage. Leo Hazlewood recalled that the NIMAperiod the importance of reaching out to people who could c
Hill.117One such person was Senator Trent Lott.118Sharo
was particularly lucky because Senator Lott was the subc
sored the NIMA legislation As its sponsor he had a pers
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given day, the heartbeat grew stronger or weaker. Team mem
correlations, like the fact that the more the HPSCI disliked Nsupport! They also learned that proposed legislation can fa
potentially disastrous Gingrich letter demonstrated at the very
Having survived the scrutiny of these many committees a
the management of imagery intelligence, and having faced
executive branch, NIMA was legislated into existence in th
Bill.121
The bill passed on 30 September 1996meeting the by DCI Deutch in November 1995an incredibly short tim
spective. This retrospective case study highlights just how r
How can we explain its success despite all the odds against it
The importance of the combined support of the Secretary
Joint Chiefs of Staff and Director of Central Intelligence ca
they not been united, the fast track approach would not havovercame the tremendous opposition within the executiv
clashed over such fundamentally contentious issues as budge
benefits, and organizational cultures. Despite all that, the big
ing was right, and so it happened. As David Broadhurst conc
was the biggest change in the Intelligence Community since
1947.123
Such revolutionary change probably had to happeweight of the opposition.
In conclusion, it appears that policymakers in the executive
Congress is an ally, sometimes a foe. In the case of NIMA
advocate. According to Helen Sullivan, Office of the Deputy G
primary drafter of the NIMA legislation,
[i]t has been said that it can be easier to get legislation t
through the executive branch. NIMA may be proof of t
seek an administration solution to the problem, having t
of Defense sign some kind of charter that would have
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sional intelligence committees have a variety of responsibi
cise continuous watchfulness over the agencies withinadministration of a statute is, properly speaking, an ex
cess.125Congress gave the NIMA several years to overco
in starting a new agency and then sought an independent a
cerns of the various committees were well-founded and wh
support national policymakers more fully. Using the Cla
DoD Appropriations Conference Bill, Congress establishe
NIMA and directed the DCI and SecDef to appoint its
chaired by Peter Marino, conducted its study throughout
January 2001. The Commission concludes that while N
incomplete, and progress against some goals is mixed, the
in virtually every area.126The commissions report offer
as of the year 2000. Researchers might consider using this
to measure progress at some future date.
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APPENDIX A
1996 SENATE SELECT COM
ON INTELLIGENCE (S
(Republicans shown in Roman type, Demo
224-1700 SH-211 Party Ratio:
MEMBERS:127
Arlen Specter, PA, Chairman
Richard Lugar, IN
Richard Shelby, AL
Mike Dewine, OH
Jon Kyl, AZ
James Inhofe, OK
Kay Bailey Hutchinson, TX
Connie Mack, FL
William Cohen, ME
Bob Dole, KS, ex officio
J. Robert Kerrey, NE, Vice Chair
John Glenn, Ohio
Richard Bryan, NV
Bob Graham
John Kerry, MA
Max Baucus, MNJ. Bennett Johnston, LA
Charles Robb, VA
Thomas Daschle, SD, ex officio
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APPENDIX B
1996 HOUSE PERMANENT
COMMITTEE ON INTELLIGE
(Republicans shown in Roman type, Demo
225-4121 H405 Capitol Party Rat
MEMBERS:128
Larry Combest, TX, Chairman
Robert Dornan, CA
Bill Young, FL
Jim Hansen, UT
Jerry Lewis, CA
Porter Goss, FL129
Bud Shuster, PA
Bill McCollum, FL
Michael Castle, DE
Newt Gingrich, GA, ex officio
Norman Dicks, WA, Ranking Minority Mbr
Bill Richardson, NM
Julian Dixon, CA
Bob Torricelli, NJ
Ronald Coleman,TX
David Skaggs, CO
Nancy Pelosi, CA
Dick Gephardt, Mo, ex officio
KEY STAFF:
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APPENDIX C
EXECUTIVE BRANCH PLAYERS
OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGE
John Deutch Director of Ce
Jeff Smith General Coun
SENIOR STEERING GROUP
CO-CHAIRPERSONS:
Paul Kaminski Under SecDef
George Tenet Deputy Dir, C
Adm Bill Owens Vice Chairman
MEMBERS:
Keith Hall Exec Dir, Inte
Emmet Paige Asst SecDef f
Nora Slatkin Exec Dir, CIA
Ted Warner Asst SecDef, S
Randy Beers National Secu
NIMA IMPLEMENTATION TEAM
MEMBERS:
(Position at th
RADM Jack Dantone, Director Dep Director f
Dep Dir for O
Dep Dir for D
Leo Hazlewood, Deputy Director Dep Dir for A
Dr Annette Krygiel, Deputy Director Dir, CIO
W. Douglas Smith, NIMA Team Ldr Dep Dir, DMA
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APPENDIX D
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APPENDIX E
SENATE COMMITTEE R
E-1: 104-277, SASC RPT ON SSCI
E-2: 104-278, SSCI RPT ON SASC
E-3: 104-337, SGAC RPT ON SSCI
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APPENDIX E-1
104-277, SENATE ARMED S
COMMITTEE REPORT ON SSC
104th Congress, 2nd Session Senate
TO AUTHORIZE APPROPRIATIONS FORFOR INTELLIGENCE AND INTELLIGACTIVITIES OF THE UNITED STATE
June 6, 1996- Ordered to be pri
Mr. THURMOND, from the Committee on Armed Serv
REPORT[To accompany S. 1718]
The Committee on Armed Services, to which was ref
considered the same, reports favorably thereon with ame
the bill as amended do pass.
PURPOSE OF THE BIL
S. 1718 would authorize appropriations for fiscal year 1
gence-related activities of the United States Government, i
Defense intelligence-related activities within the jurisdict
vices Committee (SASC).
The Senate Select Committee on Intelligence (SSCI) 1996 and it was referred to the Committee on Armed Serv
dance with section 3(b) of Senate Resolution 400, 94th Co
SCOPE OF COMMITTEE R
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Overview
S. 1718, as reported by the SSCI, contains a number o
which the SASC opposes and the Executive Branch does
1996, the Chairman and Ranking Minority Member of the SA
and Vice Chairman of the SSCI to express concern regarding
SSCI not to include such provisions in the Intelligence Autho
1997. In general, these provisions seek to shift a significan
the Secretary of Defense to the Director of Central Intellthe area of budget formulation and execution. The bill a
provisions that, taken together, lay the foundation for the
to a Department of Intelligence. The SASC supports a
that the DCIs function is not to act as a quasi-departmen
the intelligence activities of various departments and to a
gence advisor to the President and the National Security Cthe type of authority recommended by the SSCI would ser
retary of Defenses ability to manage the Department o
notes that the Secretary of Defense strongly opposes such
DCI has not sought such authorities. If S. 1718 were pas
would almost certainly be vetoed.
The SSCI nonetheless included many of the controverthereby creating a significant disagreement between the S
S. 1718 had been referred to the SASC on sequential re
Authorization Bill is every year), the SASC Chairman and
ber agreed to enter into negotiations with the SSCI to atte
ences. Notwithstanding this effort to work out a cons
Chairman and Vice Chairman of the SSCI took the unpring sequential referral of the Defense Authorization Bill.
After three weeks of negotiations and four proposals and
the committees the SASC concluded that given the SSCIs i
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Section 707Enhancement of authority of Director of
budget, personnel, and activities of intelligence community
Section 707, as reported by the SSCI, would significan
over the DOD elements of the intelligence community. It w
of Defense to get DCI concurrence on the Joint Military
budget, and consult with the DCI on the Tactical Intell
(TIARA) budget; (2) give the DCI authority to manage al
ties of the intelligence community (including Defense huthat any reprogramming within the JMIP receive DCI appr
to reprogram funds and transfer personnel among Nationa
(NFIP) elements after consultation with (in lieu of concurr
the DCI authority to allocate and expend all NFIP funds fo
Office (NRO), the National Security Agency (NSA), and t
ping Agency (NIMA) (giving the DCI authority he now ogence Agency (CIA)).
The proposed SASC amendment would enhance the D
agement of Defense intelligence activities, but would not
tary of Defense over such activities. Specifically, the ame
the participation of the DCI in the development of budge
leaving the final authority on these matters with the Secreta
time authority to approve national collection requirements
priorities, and resolve conflicts in collection priorities levie
(3) require the Secretary of Defense to consult with the
actions; (4) strike SSCI language allowing the DCI to trans
tion of the affected Defense Agency head; (5) strike the
authority to manage and expend funds for Defense Departmsubstitute language establishing a database on intelligence
insight into the overall intelligence budget; (6) strike S
authority to rotate personnel in the absence of coordination
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Section 709Improvement of intelligence collection
Section 709, as reported by the SSCI, would establish the p
Collection, to be appointed by the President and confirmed
would also transfer the responsibilities and authorities of the
clandestine elements of the Defense Human Intelligence Serv
The proposed SASC amendment would modify the authori
Collection, limiting them to general responsibilities in assistexisting collection authorities. The proposed SASC amend
SSCI language regarding the transfer of authorities over the D
Services, and substitute language requiring a report by the DC
of Defense regarding on-going activities of those official
interoperability, and, where practicable, consolidation betw
intelligence activities of the Defense Human Intelligence Serv
Section 711Improvement of administration of intelligenc
Section 711, as reported by the SSCI, would establish the p
Administration to be appointed by the President and confirme
The proposed SASC amendment would modify the SSduties of the Assistant DCI for Administration by dropping a
administration.
Section 714Office of Congressional Affairs
Section 714, as reported by the SSCI, would establish an o
for the intelligence community.
The proposed SASC amendment would change the desig
Office of Congressional Affairs for the Director of Central
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Section 716Appointment and evaluation of official
related activities
Section 716, as reported by the SSCI, would require th
the concurrence of the DCI before making a recommendat
NRO and NSA. The SSCI provision would also require the
mance evaluations for the heads of NRO and NSA to the S
The proposed SASC amendment would modify the SSC
currence on appointments to provide that the Secretary, a
make the recommendation to the President without the DC
notes that the DCI does not concur. This modification is co
tion to extend this recommendation process to the director
up on the Defense Authorization bill). The amendment w
guage requiring the DCI to provide annual performance
intends to include language in the Defense Authorizationinput on performance evaluations for the directors of NSA
eration by the Secretary of Defense in the preparation o
mances evaluations of these directors.
Section 717Intelligence community senior executive s
Section 717, as reported by the SSCI, would establiSenior Executive Service.
The proposed SASC amendment would strike this prov
the Department of Defense strongly opposes the establishm
Executive Service that would include a large number of D
nel. The SSCI provision contradicts a proposal made by th
DOD intelligence civilian personnel management, whichone of his top priorities, and which the Secretary of Defen
mittee is considering options for including a version of the
ligence personnel proposal in the Defense Authorization b
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identify deficiencies in the capabilities of NIMA to accomp
sions and develop policies and programs to review and cor
committee expects that disagreements between the DCI an
relating to the identification of NIMAs deficiencies in perf
would be settled according to normal interagency procedure
the ultimate authority to resolve differences. These provision
50, U.S.C. The SASC intends to include identical language i
bill in addition to language specifying that the Secretary o
actions to correct deficiencies jointly identified by the Secreta
COMMITTEE ACTION
In accordance with the Legislative Reorganization Act o
Legislative Reorganization Act of 1970, the committee approv
ably S. 1718 with an amendment.
FISCAL DATA
The committee will publish in the Congressional Record in
projections when such information is received from the Cong
REGULATORY IMPACT
Paragraph 11(b) of rule XXVI of the Standing Rules of
report on the regulatory impact of a bill be included in the rep
tee finds that there is no regulatory impact in the cost of S. 17
CHANGES IN EXISTING LA
Pursuant to the provisions of paragraph 12 of rule XXVI o
Senate, the changes in existing law made by certain portion
shown in this section of the report because, in the opinion of
essary to dispense with showing such changes in order to e
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APPENDIX E-2
104-278, SENATE SELECT CO
ON INTELLIGENCE REPORT ON
104th Congress, 2nd Session Senate
TO AUTHORIZE APPROPRIATIONS FORFOR MILITARY ACTIVITIES OF THE DEFENSE, FOR MILITARY CONSTRU
DEFENSE ACTIVITIES OF THE DEPARTTO PRESCRIBE PERSONNEL STR
SUCH FISCAL YEAR FOR THE ARME
FOR OTHER PURPOSJune 11, 1996Ordered to be pr
Mr. SPECTER, from the Select Committee on Intellige
REPORT
[To accompany S. 1745]
The Select Committee on Intelligence, to which was refconsidered the same, favorably reports the bill with amend
PURPOSE OF THE BIL
S. 1745 would authorize appropriations for fiscal year
the Department of Defense, for military construction, an
Department of Energy, to prescribe personnel strengths forForces, and for other purposes.
The Senate Armed Services Committee (SASC) reporte
it was referred to the Select Committee on Intelligence in a
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Prior committee action
These amendments to the National Defense Authorizationgence Authorization Act for Fiscal Year 1997, S. 1718, reflec
mittee has reached after six years of focused examination
Intelligence Community operate more effectively, more e
accountability in light of the significant changes in the wo
1994, this effort led Congress, at the urging of Senator Warne
ers, to establish a Commission on the Roles and CapabilitCommunity (the Aspin-Brown Commission) to conduct a
objective review of U.S. intelligence. The Commission was g
1996, with the expectation that its report would inform a le
enactment of needed changes during this Congress.
Armed with the Commissions report and enlightened by t
nation, including numerous hearings, briefings, and interviewIntelligence voted on April 24, 1996, to report S. 1718, the In
for Fiscal Year 1997, containing a number of measures to imp
Intelligence Community, strengthen the DCIs ability to mana
of all intelligence consumers, and enhance the ability of the
public to ensure that the secrecy necessary for the conduct of i
the vigilance and oversight necessary for an effective demoCommittee took the Intelligence Authorization bill on a 30-da
have done every year since the establishment of the Select Com
The Armed Services Committee staff was briefed on S. 17
to the April 24 vote to report the bill and the Chairman and Vi
sively on the Committees legislation in a hearing before the
following that vote. During this same time frame, the Armeconsidering the National Defense Authorization Act for F
reported to the Senate on May 13. Despite expressing in a let
on Intelligence dated April 15, 1996, initial concerns about pa
l i l i i hi d l i l i h A d S
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about protecting the equities of the Secretary of Defense an
withstanding that the objective of the reform provisions in S
ity of intelligence provided to all consumers, including th
Armed Services Committee did not want any changes th
authority of the Secretary of Defense, who now controls abo
community budget. The Intelligence Committee is concern
under which the Director of Central Intelligence is respon
intelligence needs are met effectively and efficiently while h
the CIAwhich represents only a small portion of the intelllems like those reflected in the recent revelation that severa
Reconnaissance Office (NRO) in funds were never expende
after year.
As the current DCI John Deutch, who was formerly De
tified on April 24, [t]he Deputy Secretary of Defense has
covering a much larger range of resources10 tim
resources...of the whole intelligence community. So to say
deputyand I am not talking about personalitiesand s
Defense, why didnt you catch this, hes going to say, we
track of this and to let the Secretary of Defense know. So in
say that the Director of Central Intelligence does not vie
responsible for the NRO, fundamentally nobody will be.
The Director of Central Intelligence is in a unique po
effectiveness of intelligence programs throughout the gove
this person responsible for ensuring that the various eleme
nity are more responsive to this national objective than to p
too often typify bureaucracies. Yet he lacks the authority n
tive, particularly with regard to the intelligence elemeDefense. The DCI can be given enhanced authority withou
intelligence community from the various agencies in which
the ability of those agency heads to manage their depart
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the Department of Defense authority for processing and diss
While the Intelligence Committee supports this consolidation
by the benefits of the synergy it will bring to imagery analysis
national customers outside of DoD will continue to receive the
Specifically, the Committees disagreed on the appropriate rol
these national customers, including the President and the N
well as the Secretary of State and other Cabinet officials and ke
administrations decision to establish NIMA as an agency
Defense, with its budget controlled by the Secretary of Defecombat support agency subject to review by the Joint Chiefs
Defense clearly will be able to ensure appropriate considerati
both tactical and national. The issue debated by the Committee
of Defense should be able to effectively block adjustments in
NIMA that might be needed to address deficiencies in the imag
the needs of other national customers such as the DepartmentCommerce, and Energy, as well as the Office of the U.S. Trade
Representative to the United Nations. The Committee was con
the Armed Services Committee would allow the Secretary of
changes needed to meet these other national needs.
The second issue that remained unresolved was the ability
ments in the allocation of funds within the National Foreign Iduring the fiscal year to meet unexpected intelligence needs.
all former DCIs who testified before the Committee, public
authority as important to effective management of the natio
The DCI has the authority today to make the initial allocation
lating the budget. However, when unforeseen requirements ari
funds are available from a lower priority intelligence activityauthority to transfer those funds unless the affected agency h
contained a provision to enhance the DCIs authority by shifti
agency to convince the President or his designee that the tr
Armed Services Committee objected to giving the DCI t
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intelligence activities of the Department of Defense an
Defense from delegating this authority to anyone other
Defense. The provision would have severely hampered th
Defense Intelligence Agency to manage the Defense H
agency today and would have effectively prohibited the c
activities of the Defense HUMINT Service into the Direct
under the direction of the Director of Central Intelligenc
recommended by the Aspin-Brown Commission, and the
vision to effect it in S. 1718.
The two Committees have agreed to the deletion of this
the SSCI bill that would require consolidation and to require
tary of Defense submit a report on efforts to achieve greater
Director of Military Intelligence
Section 906 of the bill would have designated the Dire
of Military Intelligence (DMI) and would have created
(MIB) inside the Department of Defense.
This Committee has previously opposed the creation o
Intelligence inside the Department of Defense because mi
appropriately shared among the Director, DIA; the J-2 of retary of Defense for Command, Control, Communication
son, the Aspin-Brown Commission also recommended aga
The Committee also notes that the Deputy Secretary
against legislation creating a DMI and a MIB.
The Committee recommends that Section 906, as repor
the bill.
DCI role in appointment and evaluation of nationa
The Committee recommends that a new Section 906 b
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to the Department of Defense for intelligence activities of the
ual who is not an officer or employee of the Department of De
This provision, the intent of which is unclear, would have f
the conduct of U.S. intelligence activities, the funds for which
the Department of Defense. The Administration is still studyi
vision if it were enacted, but it is clear, at minimum, that it w
with the obligation and expenditure of funds by the NRO, m
employees are not DoD employees. The provision would alsfers of funds under the Economy Act.
The Committee recommends that Section 1007 be deleted
The National Imagery and Mapping Agency
Title IX, Subtitle B of S. 1745, would consolidate the
the Central Imagery Office, the National Photographic I
the imagery-related functions of a number of other agen
Imagery and Mapping Agency (NIMA).
The creation of NIMA would constitute a major reor
gence activities, and accordingly the Committee has focu
on the provisions of Subtitle B. The Committee believes tby SASC, must be amended in several key respects.
Most important, the Committee believes that the DCI
to set imagery collection requirements and priorities, and
priorities. The DCI has such authority under existing exec
tial decisions, but, in light of the establishment of NIMA a
ment of Defense, the Committee believes the DCIs autho
statute. The Committee recommends that these authoritie
10, U.S. Code (together with other provisions establis
National Security Act of 1947 in Title 50 (which specifie
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work together cooperatively to ensure that NIMA prov
DoD customers.
The Committee is also concerned that, as reported
Subtitle B would have stated that NIMA is established
of the Department of Defense. The Committee recogn
nent of the new NIMA is the Defense Mapping Agency,
in statute (10 U.S.C. 193) as a combat support agency,
to have significant combat support functions. But uAgency, NIMA will also have important responsibilitie
military customers. Accordingly, the Committee belie
establish NIMA as a combat support agency, even if o
cifically state that NIMA also has national missions. T
that NIMAs primary purpose is to provide combat sup
In this regard, the Committee notes that when Con
Title 10, which specified the combat support agencies o
Congress specifically declined to list the National Secu
port agency because NSA serves customers outside the
gress, nevertheless, subjected NSA to the same JCS
combat support agencies but only with respect to its co
Committee believes that it would be most appropriate
not list NIMA as a combat support agency but subject
to its combat support functions. The Department of Def
have insisted that NIMA be listed as a combat sup
Defense Mapping Agency will comprise the largest act
mittee is willing to agree to have NIMA listed as a c
U.S.C. 193 for purposes of JCS review of its combat smends that Section 921 be amended so that NIMA is no
combat support agency.
i i A S i
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Finally, pursuant to agreement with the Armed Servic
tee has deleted proposed Section 445 of Title 10. This sect
the Inspector General of the Central Intelligence Agen
inspection, investigation, or audit of NIMA without the
Inspector General.
COMMITTEE ACTION
On June 11, 1996, the Select Committee on Intelligence v
amendments. Because the provisions considered by the Co
tively small portion of the entire National Defense Authorizat
the Committee did not make a recommendation to the Senate
the Committee supports the provisions related to intelligence
REGULATORY IMPACT
Paragraph 11(b) of rule XXVI of the Standing Rules of
report on the regulatory impact of a bill be included in the rep
tee finds that there is no change in the regulatory impact of
amendments.
ESTIMATE OF COSTS
The Committee finds no changes in the estimate of costs as a
CHANGES IN EXISTING LA
Pursuant to the provisions of paragraph 12 of rule XXVI o
Senate, the changes in existing law made by certain portion
shown in this section of the report because, in the opinion of
sary to dispense with showing such changes in order to exped
ate and reduce the expenditure of funds.
APPENDIX E 3
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APPENDIX E-3
104-337, SENATE GOVERNMEN
COMMITTEE REPORT ON SSC
104th Congress, 2nd Session Senate
TO AUTHORIZE APPROPRIATIONS FORFOR INTELLIGENCE AND INTELLIGACTIVITIES OF THE UNITED STATE
July 29, 1996Ordered to be pr
Mr. STEVENS, from the Committee on Governmental A
REPORT[To accompany S. 1718]
The Senate Committee on Governmental Affairs, to
(S. 1718) having considered the same, reports favorably
recommends that the bill as amended do pass.
I. PURPOSE AND SUMMS. 1718, as reported from the Governmental Affairs
appropriations for fiscal year 1997 for intelligence and i
the United States Government, including certain activitie
Governmental Affairs Committee.
The Senate Select Committee on Intelligence reported
was referred to the Senate Committee on Armed Services
with section 3(b) of Senate Resolution 400, 94th Congres
Committee on Governmental Affairs, S. 1718 was, on Jun
mittee for a 30 session day period
O J 6 1996 th S t A d S i C itt
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On June 6, 1996, the Senate Armed Services Committee pu
on S. 1718 and suggested several amendments, one of which
senior executive service personnel program for the intelligenthe Armed Services Committee report a number of provisi
authority over DoD intelligence assets from the Secretary
Director of Central Intelligence (DCI). Most of these provi
Armed Services Committee and eventual compromises negot
Intelligence Committee.
On June 11, the Intelligence Committee published its repo
Department of Defense Authorization bill, agreeing to the A
recommendation to strike the new senior executive service pe
The Governmental Affairs Committee only addressed iss
however, we fully concur in all the changes recommended b
mittee including its recommendation to strike all language est
utive service personnel program for the intelligence communi
III. GLENN AMENDMEN
Senator Glenns amendment to S. 1718 (1) provides more
cations of commission members; (2) enumerates how the effectiveness of the U.S. cooperation with other countries wit
activities; and (3) calls on the commission to address export
tion flow, and the organization of counterproliferation activit
issues. The committee voted to report the bill with this amend
IV. INSPECTORS GENERA
An earlier draft version of the Intelligence Authorizati
which would have broadened the role of the CIAs Inspector
As the committee charged with the oversight of the st
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As the committee charged with the oversight of the st
have found no evidence indicating Congress should take th
a community inspector general. This would be analogoDepartment IG to act as coordinator and central point of co
ing the law enforcement community which, like the intel
various organizations spread across more than one departm
This committee has heard from a number of the inspec
agencies comprising the intelligence community expressiraised in the Intelligence Committee report. These are: the
Committee of a lack of effective coordination between intel
consistent IG coverage of high risk or high dollar intellige
management support and attention to the IGs and their prod
inconsistent training and professional standards for IG emp
gence Committee noted that concerns have been expressed
the IG community regarding the professionalism, experienc
The IGs expressed their view that these concerns were for t
In our view adequate mechanisms for coordinating in
exist. We reference the August 1994 establishment of the D
General Forum (the Forum) created to ensure adequate
involving interagency functions and programs. In additioIntegrity and Efficiency (PCIE), comprised of representati
the responsibility for coordinating interagency IG activitie
ernment. The Government Affairs Committee has been
Management and Budget with a view toward formalizing
statutory IG representatives from all those agencies and de
ligence community. We believe this would be the proper v
activities involving those intelligence community agencies
The Intelligence Committee report calls for the thirtee
(Department of Defense, Central Intelligence Agency, D
and Smith A voice vote then occurred on the motion to report
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and Smith. A voice vote then occurred on the motion to report
Glenn Amendment, from the Governmental Affairs Committe
VI. ESTIMATES OF COST
The committee finds no changes in the estimate of costs as a
VII. CHANGES IN EXISTING
Pursuant to the provisions of paragraph 12 of rule XXVI oSenate, the changes in existing law made by certain portion
shown in this section of the report because, in the opinion o
sary to dispense with showing such changes in order to exped
ate and reduce the expenditure of funds.
VIII. REGULATORY IMPACT OF LE
Paragraph 11(b)(1) of rule XXVI of the Standing Rules
each report accompanying a bill evaluate the regulatory impa
in carrying out the bill. The enactment of this legislation wou
ulatory impact.
APPENDIX F
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APPENDIX F
LETTER TO NEWT GIN
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APPENDIX G
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APPENDIX G
MEMORANDUM OF AGR
26 April 1996, SASC and SSCI, JM
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APPENDIX H
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LEGISLATIVE PACKAGE BRIEF
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APPENDIX I
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NIMA DECISION PRO6 FEB 96 BRIEFING CH
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APPENDIX J
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IMAGERY FUNCTIONAL MA6 FEB BRIEFING CHA
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APPENDIX K
NIMA WHATS INCLUDE
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NIMAWHATS INCLUDE
ReportonImplementationPlanningforNIMA
TEmplo
ymees10April
96,Hazlewood
SlidePresenta
tion
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APPENDIX L
NIMA WHATS EXCLUDE
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NIMAWHAT S EXCLUDE
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APPENDIX M
DoD DIRECTIVE 510
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DoD DIRECTIVE 51011 OCT 96, ESTABLISHIN
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