CONGRESSIONAL RECORD - SENATE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M00364R001602930027-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 21, 2016
• Document Release Date: August 1, 2008
• Sequence Number: 27
• Publication Date: November 17, 1983
• Content Type: OPEN SOURCE

Approved For Release 2008/08/01: CIA-RDP85M00364R001602930027-5
CONGRESSIONAL RECORD - SENATE November 1 ?, 1988
,.nd It was In this spirit that our from Vermont (MCLEAIny), the Sena- better the understanding, the better
loran. the Senator from Arizona, for from Kentucky (Mr. HuDDt.esro10, the performance on the job.
,eked so diligently to accommodate the Senator from Minnesota (Mr. DuR- Persons who devote an entire career
,he legitimate concerns of the wit, ENBERCER), and the Senator from, to one agency or bureaucracy are
nesses at our public hearings and our Hawaii (Mr. INoulrz) for the sugges- likely to develop that kind of under-
colleagues on the committee. Thus. tions we incorporated In this legisla- standing over time. But senior officials
several amendments were incorporated tion. of the Government, who are appointed
in the substitute bill which we ordered . Mr. President, I believe that the from other positions, must bring that
reported to the Senate. Three of these amendments to this legislation consti- knowledge with them. They can only,
are of especial importance: ? . tute significant Improvements. The get it through a lifetime of study.
First, the amended bill assures that committee shares this view as evi- reading, education, and reflection.
the CIA's new exemptive authority dented by its unanimous vote to I do not want to su
. d that history
will be subject to Judicial review. A report S. 1324 favorably to the Senate always ggest
court will have jurisdiction to deter- I urge that our colleagues join us in patterns behavior It Booften s et-But
mine whether implementing regula. supporting passage of this bill. Pnof behavior can reac-
tions conform to statutory criteria; Mr. DURENBERGER. Mr. Press- and n That a s why for Instance, scholars
that Is to say, whether they have a dent,-the-bill before us today is a clear pothers c spend so msuh time com-
rational basis. Broader- review is re- signal that the system works. It dem- Dig and ctrasting such things a,-
quired If a plaintiff makes a prima onstratps a atrnno nvereiaht i'n1e hu the crises which j,ed.4o World War I
went was improperly placed in a desig- derlle the Freedom of. Information d
they -,h ' ebate so lit mu o our mooing
nated file. This preliminary threshold Act; and It recognizes the compelling gs like de ce,
was considered appropriate in light of need to provide security for those mat- crisis m agement, and defense udg-
the special source and method sensi- tern which must remain secure while ets. W all benefit from the maYsive
tivity of operational files. Upon a " insuring the maximum Dossibleoublic resear- which has gone ' into t ose
I
v ..e... ww y.a. ... yvu..y. a.d
which-may be-in camera and ex parte short, the bill Is a sound balancing of ly emPt from all study, however-
W" if it finds against the Agency. I'd-libriefly to remind my col-/senior-Dfficials charged with final su
Second, the amended bill makes it lea.gneQ of i2,&+ hem fir .,.e he..e thorization for the Bav of Pion fiaern
gaaldn DI any auegea Improper or U- and exemptions from, the FOIA Wl~ military operations? And who among
en
._
e
c
mp o Vrem Ju are
than once every 10 years. The criteria dial review. historically ~:[gnificant. Director Casey
will include the historical or other I was not alone In then and other asked only for the extra money to hire)
..wJ ....waauLl w O1.Y Y..6Y - - - ____- .._-~ -.. s?. L .JY
cedures and criteria for the review of it could have been wrist ed as an ab- and other historicans In the selective
each exemption designation not less solute claim of ex
ti f di declassification of older they whi
h
u
e
o
ble through the judicial review provi- denied to historians and Cher ana- deny access to selective historical files,
sions of ' the bill. Such a record would lysts needed information ice could nobody would have been well served.
be deemed improperly, placed in an Inform future generatio ; that it But in early October. Director Casey
exempt designated file. - could have been misinte eted, ironi- made an important concession when
The third amendment requires that caily, to prevent the rele a of infor- be wrote to me stating that the CIA
vestigation, but was overlooked or de- Lions about these specific _, telligence? - - -- e-~~
iss es. I felt
liberately withheld, would be accessi- that the initial ro al
1d h Had this legislation continu
d t
declassify sensitive information during
the Cuban missile crisis was a major
contributing to,greater public under.
-?--~---
suoject to search and- review under
tern, However, as introduced,
at-
1324
FOIA, even If found exclusively in an
did not adequately address cer
im-
stood and agreed that any record in
~?..h a .:,., ...,.:_...- --'----? -- -- ~-
In a statement before the cojfitnittee
- -- -
declassifying a significant part of the cussing these imnnrtant ic~ec ,e and this bill provides Incit i*
nisLoncal igtelllgence files. I certainly Let me close by noting one aspect f ' ' Mr. President. I believe th the
will Join in efforts to assure that ade- this bill which I feel merits special a work which went into this bill shows
grate resources are provided. tention-the . procedures created to that the public can continue have
I am pleased that the CIA has ex- permit the maximum possible research ull faith and confidence in intelli-
pressed its support for the measured by historians and others. ence agencies and in the mmittees
approach to the Freedom of Informs- Policymakers assume office with a w ch oversee those ag des. I hope
lion Act represented by S. 1324, as fixed amount of intellectual, capital tha a will pass the IhUlf
uickl
q
y.
rati
gen
s
Th
. ae
on
--
e
ey draw on that capital over time Mr. -HURMO . Mr. President, I
with the committee in finding compro- when making crucial decisions. If they rise in upport of S. 1324, the
miues on difficult issues has resulted lack a sufficient understanding of how Intelligence Information Act of 1983,
in a bill which should serve the public the processes of government have as reported by* the Select Committee
interest in more efficient processing of failed in the past, they are likely to on Intelligence. I was pleased to join
FOIA requests, while giving better make avoidable mistakes. It Is Impera- the distinguished- Senator from Arizo-
protection to intelligence sources and tive for sound Government that those na, Chairman GOLDWATER, as an origi-
methods. I wish also to thank my dl's who serve have the best. possible un- nal cosponsor of this measure when it
tinguished colleagues, the -Senator derstanding of history and policy. The was introduced last spring.
^t contains classified information, the need for Information and the need
Approved For Release 2008/08/01: CIA-RDP85M00364R001602930027-5