Intelligence_ From Secrets to Policy - Mark M. Lowenthal [160]
Although all members are deemed to be cleared, both the House and Senate limit the dissemination of intelligence among members who are not on the intelligence committees. Although this limitation replicates the acceptance of responsibility that all congressional committees have, in the case of intelligence it entails additional burdens for the panels, as their information cannot be easily shared. Thus, the intelligence committees require special offices for the storage of sensitive material and must hold many of their hearings in closed session. Both houses have also created different levels of notification for members about intelligence activities, depending on the sensitivity of the information. Intelligence officials may brief only the leadership (known as the Gang of 4), or the leaders and the chairmen and ranking members of the intelligence committees (known as the Gang of 8), or some additional committee chairmen as well, or the full intelligence committees.
Despite these precautions and the internal rules intended to punish members or staff who give out information surreptitiously, Congress as an institution has the undeserved reputation of being a fount of leaks. This image is propagated mainly by the executive branch, which believes that it is much more rigorous in handling classified information. In reality, most leaks of intelligence and other national security information come from the executive branch, not from Congress. (In 1999 DCI George Tenet admitted before a congressional committee that the number of leaks from executive officials was higher than at any time in his memory.) This is not to suggest that Congress has a perfect record on safeguarding intelligence material, but it is far better than that of the CIA, State, DOD, or the staff of the NSC. The reason is not superior behavior on the part of Congress so much as it is relative levers of power. Leaks occur for a variety of reasons: to show off some special knowledge, to settle scores, or to promote or stop a policy. Other than showing off, members of Congress and their staffs have much better means than leaks to settle scores or affect policy. They control spending, which is the easiest way to create or terminate a policy or program. Even minority members and staff can use the legislative process, hearings, and the press to dissent from policies or attempt to slow them down. Officials in the executive branch do not have the same leverage and therefore resort to leaks more frequently. However, the perception of Congress as a major leaker persists.
The other issue raised by secrecy is Congress’s effectiveness in acting as a surrogate for the public. The U.S. government ostensibly operates on the principle of openness: Its operations and decisions should be known to the public. (The Constitution does not mention the public’s right to know, however. The Constitution safeguards freedom of speech and of the press, which are not the same as a right to information.) In the case of intelligence, the principle of openness does not apply. Some people accept the reasons for secrecy and the limitations that it imposes on public accountability. Others have concerns about the role of Congress as the public’s surrogate in executive oversight. Their reasons vary, from doubts about the executive branch’s willingness to be forthcoming with Congress to concerns about Congress’s readiness to air disquieting information.
INTELLIGENCE BUDGET DISCLOSURE: TOP OR BOTTOM?
One of the curiosities of the debate over intelligence budget disclosure was the term used for the number most at issue. The overall spending total for intelligence was alternatively described as the “top line number” or the “bottom line number.” It sometimes sounded as if people on the same side-those in favor of or opposed to disclosure—were at odds with themselves
CONGRESS AND THE INTELLIGENCE BUDGET. A recurring issue for