Please find below an example of UPI's continuing coverage of U.S.
intelligence and related issues, published last week. I hope you find it
interesting. You may link to it on the Web here:

http://www.washingtontimes.com/upi/20060529-111339-6874r.htm
<http://www.washingtontimes.com/upi/20060529-111339-6874r.htm> 

If you would like more information about UPI's Security and Terrorism
service, or to stop receiving these alerts, please get in touch.


Shaun Waterman 
UPI Homeland and National Security Editor 
E-mail: [EMAIL PROTECTED] 
Tel: 202 898 8081 


Senate intel committee votes for wider briefings, even for covert
actions


By Shaun Waterman
UPI Homeland and National Security Editor
May. 31, 2006

The Senate Select Committee on Intelligence is moving to end a
long-standing arrangement under which just a few members of congress are
briefed on the most sensitive of U.S. intelligence activities. 
      Covert actions are intelligence activities which may not be secret
-- a coup to topple an unfriendly leader would be a covert action -- but
where success and lives depend crucially on the hand of the United
States being hidden. For this reason, the law has since 1991 allowed
officials to report about them only to a handful of top lawmakers from
each chamber: the so-called Gang of Eight -- the chairmen and senior
minority-party members of both intelligence committees and the
senior-most lawmakers of both parties from each chamber. 
      But now Senators on the intelligence committee, bruised by what
many of them see as an abuse of that license in regard to President
Bush's program of warrantless counter-terrorist surveillance, are moving
to dramatically expand reporting requirements for covert actions, and
end the process of limiting briefings for other kinds of intelligence
activities altogether. 
      At a closed meeting last week, the committee marked up its
authorization bill for the 2007 fiscal year, and approved a report
accompanying the bill. 
      At that meeting, a coalition of the committee's Democrats with two
GOP moderates -- Olympia Snowe of Maine and Chuck Hagel of Nebraska --
defeated Chairman Pat Roberts, R-Kansas, and other Republicans to
approve a series of amendments to the bill authored by Diane Feinstein,
D-Calif. 
      The amendments clarify existing law on oversight, which says that
the committee and its counterpart in the House must be kept "fully and
currently informed of all intelligence activities," by specifying that
"the committee ... includes each member of the committee." 
      In relation to the administration's warrantless surveillance
program, officials have argued that they fulfilled their obligations
under the law by briefing the chairmen and senior democrats of both
committees. That was also the position taken by Chairman Roberts and his
senior staff. 
      Critics have countered that the law only provides for limited
briefings for covert actions. 
      "The section is titled 'clarification of (the) definition of
congressional intelligence committees'," pointed out a Democratic
committee staffer, "not 'expansion.' As far as we're concerned that is
what the law has always meant, and we are just making that clear." 
      A senior staffer with the committee leadership said that the
members who had voted for the Feinstein amendment would be disappointed,
even if it became law. 
      "You can't legislate away the president's constitutional right to
control access to classified information," the staffer said, noting that
the existing provisions of the U.S. Code on the matter were caveated,
"To the extent consistent with due regard for the protection from
unauthorized disclosure of classified information relating to sensitive
intelligence sources and methods or other exceptionally sensitive
matters." 
      Access to information about secret intelligence activities by
lawmakers was "a negotiated process," the staffer said. "The law can
say, 'You have to do it that way,'" the staffer added, but the executive
branch "doesn't have to do it that way." 
      The amendments keep intact the provision for briefing a smaller
group of lawmakers on covert actions. "That exception was designed for
short-term, operational information where lives might be at risk if
details leaked," said the Democratic staffer, adding it had been abused
by the administration in regard to the warrantless surveillance program.
The Gang of Eight exception "was never intended to cover large, ongoing
collection programs like the one the National Security Agency is
running," said the Democrat. 
      But the amendments also require that such limited briefings must
be in writing, and -- if they do not include every member of the
committee -- any member excluded "will be provided with a notification
of this fact and will be provided with a summary of the intelligence
activity or covert action in a manner sufficient to permit such Members
to assess the legality, benefits, costs, and advisability of the
intelligence activity or covert action," according to the report. 
      The senior staffer characterized that language as requiring, in
essence "that all the members be told everything about everything." 
      "That's not going to happen," he concluded. 
      Another amendment forced into the legislation by the same
coalition was authored by Sen. Carl Levin, D-Mich. That language states
that officials "must provide to the intelligence committees (of the
House and Senate) any intelligence documents or information requested"
by their chairmen or senior Democrats -- and do so within 15 days. In
response to concerns that led to a similar provision being stripped from
the 2004 intelligence reform law, the language specifies that the law
applies "only to existing intelligence documents and information and
would not apply to requests to generate new intelligence assessments,
reports, estimates, legal opinions, or other information." 
      The cross-party support for both sets of amendments "was about the
members wanting to make sure they are getting the information they need
to do their jobs," said the Democratic staffer. 
      The report, along with the bill itself, will now be referred to
the full Senate. But its fate is unclear. Last year, an anonymous block
-- apparently from one or more GOP Senators angered by Democrat-authored
provisions of the bill -- prevented the committee's legislation from
reaching the Senate floor.




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