CONGRESSIONAL RECORD-SENATE OCTOBER 27 1987

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89-01078R000100140015-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 23, 2016
• Document Release Date: December 13, 2011
• Sequence Number: 15
• Publication Date: October 27, 1987
• Content Type: OPEN SOURCE

Declassified and Approved For Release 2011/12/13: CIA-RDP89-01078R000100140015-9
CONGRESSIONAI. RECORD-SENATE October 27, 1980"
D) Mr. 111DEN Our hinL,ell, Mr. 1 1 0 K
-
MOND. Mr. KENNEDY And Mr. IIATC.11):
S. 1822. A bill to make certain ano'iid-
nients to the Sentencing Reform Act of 1984
and to improve certain provision. relating to
Imposition and collection of criminal fines.
and fur other purposes: placed on the ealen-
da r.
By Mr. STAFFORD (b) request):
S. 1823. A bill to amend title 23. United
States Code, to provide for the construction
of new toll highways and for other pur-
poses; to the Committee on Environment
slid Public Works.
By Mr. CRANSTON:
S. 1824. A bill to amend the Federal Avia-
tion Act of 1958 to require that capacity
kvets be established at certain airports; to
the Committee on Commerce, Science, and
Transportation.
By Mr. ,BYRD (for Mr. CRANSTON (for
himself and Mr. D'AMATO)):
S.J. Res. 209. Joint resolution to provide
for the ectenSiun of certain programs TOM-
big to housuig and community development,
and for other purposes. placed on the calen-
dar.
SUBMISSION OF CONCURRENT
AND SENATE RESOLUTIONS
The following concurrent resolutions
and Senate resolutions were read, and
referred (or acted upon), as indicated:
By Mr. KENNEDY (for himself, Mr.
Mirri,LNEAUM. Mr. HATCH, Ms. MIKUL-
SKI, Mr. PLU. Mr. DoLU:. Mr. Door,
Mr. GLENN, Mr. CRANSTON. Mr.
DiniE-4111RGER, Mr. LAtrrENBF.PG. Mr.
SIMON. Mr. MOYNIHAN. Mr. CONRAD.
Mr. MAISUNAGA, Mr. CHAFFY. Mr.
KERRY. Mr. WEICKER. Mr. THUH-
MOND, Mr. BUNDICK, Mr. Dk,CONCINI,
Mr. LEVIN. htr. ADAMS, Mr. iVARNF.R,
Mr. INouve. Mr. R1LGLE. Mr. BRAD-
t.FY. Mr. BOND. Mr. MtTCiiuLI.. Mr.
PRCKMIRL, Mr. DIrios, Mr. STAFFORD,
Mr. NUNN, Mr. DOMENLC1, Mr. GARN.
Mr. SIIELBY, Mr. PRloR, %Ir.
D'AMATO. Mr BE_VTSi and Mr. SAN.
FOHDi
S. Res. 303. A resolution to commend the
efforts and commitment of the organizers
and participants of "Justice For All Day,"
November 17.1987. to the Committee on the
Judiciary.
By Mr. LEAIIY; from the Conirn ttee
on A,;ricoiti.re. Nutruon, and For-
estry:
S. Res. 304 An original resolution to in-
creww the amount allocated to the Commit-
tAe on Agriculture, Nutrition. and Forestry
by S. Res. 80 relating to committee funding
for fiscal year 1938: to the Committee on
R:acs and Administration.
By Mr. BYRD (for himself and Mr.
DOLE is
S. Rea. 305. A resolution to direct the
Senate legal counsel to represent and to Ru-
thorize the production of documents by
Philip Q. Cohen in the case of Moreno
versus Small Business Admulutration, et RI.:
considered arid agreed to.
STATEMENTS ON INTRODUCED
HILLS AND JOINT JppOIN~T RESOLUTIONS
~bi',TZo make requirements
f(re preparation. and transmittal to
the Congress, of Presidential findings
for certain intelligence operations; to
provide mandatory penalties for de-
ceiving Congress;
Indeoendcnt InsneMnr C;i'neral or
~t~~ (~t~~(..IIAA to the Select Cununittee on
nTTTTii once.
NATIONAL SECURITY RP:POR]t Al-r
Mr. SPECTER. Mr. President, hear-
ings before the Senate Intelligence
Committee and joint hearings before
the Select Senate and House Commit-
IA-es on the Iran/Cont.ra matter have
demonstrated the need for significant
action in order to establish the appro-
priate role for congressional oversight
pursuant to the checks and balances
contemplated by the U.S. Constitu-
tion. Notwithstanding any action
which may be taken by the President
by way of Executive order on this
Issue, legislative change is necessary to
impose statutory requiremenr% govern-
ing this or future administrations
where any such Executive orders
might be countermanded.
This bill has four goals:
First, to encourage timely consulta-
tion with key Members of Congress to
obtain the benefit of their insights to
avoid future blunders like the transac-
tion with Iran on arms for hostages;
Second, to provide for effective con-
gressional oversight by specific statu-
tory requirements establishing precise
time limits for notice where the Presi-
dent decides not to consult in advance;
Third, to establish mandatory penal-
ties where executive branch officials
make false statements to congressional
committees; and
Fourth. to add an Inspector General
for the Central Intelligence Agency to
help assure lawful internal compliance
on matters which do not come within
the purview of congressional over-
sitiht.
SECTION 2
Notwithstanding the obvious failure
of the executive branch to provide req-
utsite information to Cbngri'ss under
the provisions of existing statutes.
some have argued that there was com-
piiance because of the vagaries of cur-
e nt law. In order to prevent a repeti-
ti')n of such conduct, the National Se-
curity Act of 1947 (50 U.S.C. 413) and
section 662 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2422), known as
the Hughes-Ryan amendment, are
made more specific by this bill. Exist-
ing law prohibits the expenditure of
funds by the Central Intelligence
A ency for covert activities "unless
and until the President finds that
each such operation is linportant to
the national security of the United
States." Efforts have been made to
justify the CIA's action in the Iran/
Contra matter by contentions that an
oral finding was sufficient and that a
later written finding could retroactive-
ly justify earlier covert action.
This bill unequivocally requires that
the finding be in writing and that the
President shall give notice and a copy
of any finding to the House and
S''riate Intelligence Committees con-
temporaneously with the finding, but
ir. no event later than 24 hours after it
is made. A limited exception is provid-
ed for an oral finding in situations
where the President deems that imme-
diate action by the United States is re-
gitired to deal with the emergency sit-
uation affecting vital national Inter-
ests and time does not permit the
preparation of a written finding. In
that event, the finding must be Imme-
diately reduced to writing after the
action is orally approved, with the
written finding to be completed no
later than 24 hours after the making
of the oral finding.
Where an oral finding is used, there
ir, the additional requirement that the
written finding shall include a state-
ment of the reasons of the President
for having first proceeded with an oral
finding. This bill further provides that
a finding shall be effective only with
respect to operations beginning after
the finding was made by the President
in order to preclude any contention
that the finding may retroacthely
cover prior CIA operations.
These statutory requirements leave
no room for doubt that no covert
action may be undertaken without
complying with the requirements of a
written finding and the requisite
notice, by any personnel of the execu-
Live branch or anyone acting on i -s
behalf including foreign governments
or any individual. This specific pro%i-
slon would preclude any future argu-
ment that the delivery of arms to Iran
was legally justified, after the fact, by
a retroactive finding or that other en-
tities or actors were not bound by the
same limitations affecting the CIA.
This bill further removes any possi-
ble ambiguity in section 501(b) of the
President's obligation to notify the
House and Senate Intelligence Com-
mittees of covert action. Section 501(b)
now provides:
(b) The Preside-nt shall fully inform th,
intelligence committees in a timely fashion
of intelligence operations in foreign coon
tries, other than activities intended solely
for obtaining necessary intelligence, for
which prior notice u-as not given under sub-
section (a) and shall provide a statement of
the reasons for not giving prior notice.
The phrase "for which prior not ire
was not given under subsection (a)"
c: rries the direct implication that the
House and Senate Intelligence Com-
mittees should have been "fully and
currently informed" of covert activi-
ties which are covered by section
501(b). It is obvious that the President
did not comply with section 501(b) to
inform the Intelligence Committees in
a "timely fashion" where some 14
months elapsed from the time of the
first covert action on the Iranian arms
sales to the time that information
reached the Intelligence Committees.
Yet, some have contended that the ex-
igencies of the situation excused the
President from giving earlier notice so
that requirements of a "timely f:,sl:-
ion" were observed.
This bill removes any room for such
future arguments by requiring the
President to give notice to the Intelh-
gc'nce Committees conternporancousi)
with any written or oral finding. In
order to remove any conceivable an-,b'.-
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(klober 27, 1987 CONGRESSIONAL RECORD - SENATE S 15191
guity as to the meaning of "contempo- SECTION 3 This bill further provides that
raneously." a time certain is added re- This bill further provides for a man- anyone who gives such false or decep-
quiring the information to be trans- datory sentence of imprisonment for tive information may recant and avoid
nutted no later than 24 hours after any officer or employee of the United possible criminal liability by correcting
the making of an oral or written find- States who provides false Information the record within 5 days. This 5-day
Ing. Absent the experience of the to any committee or subcommittee of period should be ample time for re-
Iran/Contra matter, it would seem un- the Senate or Howe of Represents- thinking the issue and time to make
necessary to put a 24-hour limitation Lives. No matter how rigorous or ex- the appropriate correction.
after the requirement of "contempora- acting statutory requirements may be,
neously." but the recent experience the oversight function of Congress SECTION 4
that a time certain be affixed so that cannot be accomplished if executive The Inspector a al Act of 1978.
no one can later claim that "contem- branch officials present false or mis- Public Law 95-452, established inde-
poraneously" means days. weeks leading testimony to the Congress. pendent Presidentially-appointed and
months, or even years later. This is especially problemsome Senate confirmed IG's in 19 Federal
The requirement that the President where witnesses appear before the In- departments and agencies. The cre-
shall contemporaneously inform the telligence Committees in a secret ses- ation of these statutory IG's has im-
Int.elligence Committees is intended to sion. Where evidence is provided in a proved the effectiveness of the Feder-
provide tellig nee proce Codure where the Intelli- public session, there is an opportunity al Government. The act also ensures
prove Committees might be co for others to learn of the false infor. that both the Congress and agency
President consulted would mation and to come forward with the heads are receiving independent as-
in advance so that the might
as-
in bent t t their thinking f truth so that the congressional over- sessments of programs and operations
he have
cthe of hose. The language sight committees can perform their for which they are accountable or
he (a)(1) chose.
keep the Intelligence of sec ioif on functions. That is not possible where have oversight responsibility. Howev-
501 to executive officials appear in secret er, the CIA was not included.
Committees "fully and currently in- and provide false information to the Currently, the Inspector General for
formed of all intelligence activities" Oversight Committees. Under those CIA is usually appointed internally.
suggests a design for congressional circumstances, the committees realisti- That process is not conductive to ob-
input. Even with such contemporane- cally have little or no opportunity to Jectivity.
ous information and the possibility of determine the truth. A prime example was the CIA's
congressional input, it would remain While false official statements to mining of the harbors of Nicaragua.
within the President's power to pro- such congressional committees are The CIA official with operational re-
ceed or not as he chooses. covered by section 1001 of the Crimi- sponsibility for that action was next
There is much to recommend the nal Code, (18 U.S.C. 1001), this kind of appointed to the position of Inspector
availability of the institutional experi- misconduct, either in secret or public General. While he disqualified himself
ence of the Senate and House Intelli- session, is so serious that it warrants a from the ensuring IG investigation of
gence Committees. Had there been a mandatory jail sentence. that activity, it is difficult to calculate
review by the Intelligence Committees While there has been experience the objectivity of that investigation by
of the sale of arms to Iran- it is likely with witnesses who return to the com- virtue of his presence.
that the policy would never have been mittee to apologize for prior testimo- The Intelligence Committee has had
implemented. Had members of the ny, such apologies fall far short of cor- access to some IG reports in past
Senate and House Intelligence Com- recting the enormous damage which years, but for the most part, it has not,
mittees joined the Secretary of State has been done. Obviously, there is no exercised oversight over the int.elli-
and the Secretary of Defense and way to know how much false, decep- gence community's IG's. That has
others in discouraging Presidential tive, or misleading evidence has been been a responsibility of the Intelli-
action in selling arms to Iran , the presented in secret where the truthful gence Oversight Board. The Iran-
President might well have ceased and information has never come to the at- Contra investigations have raised seri-
desisted on his own. Had the President tention of the committees. This man- ous questions about the effectiveness
declined to terminate that disastrous datory jail sentence is intended to put of that body. The Tower Commission
policy, then the Congress might have members of the executive branch on found that (11I-22): "Lieutenant Colo-
utilized Its power to terminate funding notice that the matter Is extremely se- nel North and Vice Admiral Poin-
through its appropriations powers, rious as reflected by the heavy penal- dexter received legal advice from the
thereby ending the sale of arms to ty. President's Intelligence Oversight
Iran. It is obviously well within the ambit Board that the restriction on lethal as-
The President's obligations on con- for any witness who appears before a sistance to the Contras did not cover
gressional oversight t' o lig tions o limit- congressional committee to decline to the NSC staff." In addition, review of
by nal excluding venotce to the Inimli.- answer any question until that witness Executive Order 12334, which estab-
ed ednb Committees wheo the Presi- has had an opportunity to reflect on lishes the Intelligence Oversight
gen determines that it is essential to the question or to consult with his or Board, and the operations of the
her superior. Simply stated, it is un- Board itself reveal that the Board is
limit such disclosure to meet extraor- derstandable if a witness declines to not adequately staffed, that the qual-
dinary circumstances affecting the answer or asks for a delay, but it is in- ity of its legal counsel has been dem-
vital interests of the United States. In tolerable for false or deceptive answers onstrated to be less than thorough
that event, such notice is to be given to be made. The committee would and experienced, and, finally, that its
only to the chairman and ranking mi- doubtless consider not insisting on an effectiveness is not held in high regard
nority members of the Intelligence answer where some reason was ad- by the Intelligence Committees.
Committees, the Speaker and minority vanced for nondisclosure. Where any This bill would greatly increase the
leader of the House of Representatives witness chooses to decline to answer a independence and credibility of the
and the majority and minority leaders question, there is always an opportuni- CIA's Inspector General by making
of the Senate. That more limited dis- ty for further consideration by both the IG a permanent, statutory official
closure gives sufficient assurances of the witness and the committee. subject to appointment by the Presi-
preservation of secrecy. A valid argu- In any event, an enforceable legal dent and confirmation by the Senate
merit could be made that notice should obligation to answer does not arise as with limitations on grounds for dismis-
go only to the leadership of both a practical matter until citation for sal. To increase accountability to Con-
Houses in the interests of secrecy, but contempt of Congress is obtained and gress. semiannual and special reports
the greater familiarity of the chair- the court orders an answer. It is only by the Inspector General must be
man and vice-chairman of the Intelli- at this point that a witness is subject promptly submitted to the Intelli-
gence Committees warrants their to a sanction for contempt for failing gence Committees, as well as to the
being included. to answer. Director of the CIA.
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 S 13192
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CONGRESSIONAL RECORD- SENATE October 27, 1987
Secrecy is provided for, as Is subpoc-
na power. While the Director may halt
an audit or Investigation, he may do so
only if:
First. It concerns an ongoing oper-
ation;
Second, he finds it vital to national
security; and
Third, he reports to the Intelligence
Committees within 7 days on the rea-
sons.
The combined effect of an independ-
ent IG, mandatory penalties for de-
ce.Iving Congress. and statutory re-
quirements on notice to Congress on
covert action along with written find-
ings are therapeutic steps which
should be taken in light of our
expert-nee from the Iran/Contra matter.
After the droblems were publicly dis-
c'osed on the failure of the executive
L: arch to notify the Intelligf nee Com-
nutlees on the safe of arm: to Iran,
t :,.ere was an exchange of correspond-
citce between the President and the
senate Intelligence Committee. The
President wrote to Chairman BOREN
1'. k ttcr dated August 7, 19.07. ex-
pressing his support for certain key
euncepts recommended by the Senate
Intelligence Committee. Paragraph 6
of the President's letter stated:
In all tut the most ex,eptiona 1 circum-
ule?s. tirs!,, n.otifiration to Congress
d r Svr'tion .501 ebI of the Nat ion; ! S ?c?uri-
I . At I of 1947. as arictidrd. will not be de-
I. yid beyond two working day; of the initi-
ation of a special acti'ity.
In my judgment, where notice may
tot be given even in "the most excep -
I oral circumstances" the fundairien-
:i re ,tiirernent of notice is dofcatcd
1s cansc it remains with tl.e purvie?a of
i:,e Pre~id,:r;t to dctermi:ie what con-
6^ tute:; the "exceptional cirru n-
-In( e " Precise req!tirctvents are nev-
i ;.;ar y as set forth in tnis propose d
Rislat ion.
} r. AUTENBERG:
~. 11i19. A bill to amend the National
I%riser Registration Act of 1982 to
in the identification of operators
of aircraft who have driving problems
;)y permitting access to the National
L?rivcr Register; to the Committee on
C:oinmerce, Science and Transporta-
t an.
nnENTlYli'ATZON Or AIRCIIAVT OPI:RATOeS WHO
Ii'?: E DRIVING PROBLEMS
? Mr. LAUTENBERG. Mr. Fresident,
1 rise today to introduce a bill aimed
at closing a serious loophole in our
aviation safety network.
This bill would authorize individuals
to provide the Federal Aviation Ad-
ministration with access to the Nation-
;il Driver Register (NDR] in reviewing
pilot applications for medical certifica-
tion. I t would allow the FAA to use
his information to verify information
provided by pilots. and to help evacu-
ate whether the airman meets tnini-
mum medical standards prescribed by
the FAA.
Time FAA would not be provided
access to information more than 3
years old, unless that information per-
tains to a revocation or suspension of a that time, his BAC was 0.26. From
drivers license that is still in effect. 1981 to 1984, he had seven DWI con-
The FAA would not be permitted to victions, and had his drivers license re-
use the Information for purposes not voked.
set out in statute. Yet, he could still fly. And the FAA
In Addition, the airman would be had no way of knowing about his
provided the opportunity to review the record.
NDR information and comment on it The inspector general's Investigation
in writing. This would protect against turned up 262 first-clam pilots with at
false identification of an applicant, least 1 drunk driving conviction. They
and give the applicant the opportunity Included a pilot who had two separate
to provide any explanation for infor- DWI convictions, resulting in a 5-year
nation in the NDR. revocation of his drivers license., The
With enactment of this provision, It IG also found 29 second- and third-
is intended that the FAA will promul- class pilots who had 3 or more DWI
gate regulations to require authoriza- convictions since 1983. Combined, the
tion of access to the NDR as a condi-
h
d 94 DWI
il
i
i
i
29 p
a
ots
conv
ons
n
ct
lion of the medical certification proc- that time. This included 1 third-class
In order to legally fly, any pilot pilot who had 3 convictions and had
must receive regular medical certifica- his license suspended for 10 years.
lion. The majority of the exams are Yet. they all could fly, and the FAA
performed by private physicians ap had no way of checking into their
proved by the FAA. records.
There are several classes of certifica- Mr. President. this is a gap we need
tion. First-class certification is for air- to close. A driving record can indicate
line pilots, and must be renewed every a pattern of behavior. If someone has
6 months. Second-class certification is a history of drunk driving convictions,
for commercial pilots, flight engineers, we have a right to think about wheth-
arid flight navigators. It is renewed an- er we want to allow that person in the
nually. Private pilots receive third- cockpit of a plane.
c!a-,s certification, which must be re- The FAA already has the interest in
sewed every 24 tnonths. knowing. Its medical certification ap-
Currently, the FAA rcqun:es pilots placation form asks for a great deal of
sicking certification to report drug or information about a pilot's back
alcohol problems, including drunk ground. Included on that form is an
driving convictions. This is a require- inquiry about whether the applicant
ment too many do not conip!y with. ever had, or now has traffic or ether
And the FAA does not know who those convictionss.
people are. Th'rein lies the problem. But, under current law, the FAA
Although the majority of pilots take cannot verify the information the ap-
t'le respon:;ibit.ity that cornts with glicant provides. The FGA should not
I heir license s riously, there are those 1!y blind while sonic pilots fly dr!utk.
t'tat don't. There are thc-s?? who might This bill would remove the obsta-l '
drink and fly. There are those who that prevents the FAA from r-onfinn-
vould not. comply with FAP,'s report- irtg pilots' backgrounds.
ii.,g reguireme-Its. This change has long been endorsed
A report by DOT':; ii.;pvctur g!?nrral by the National Transportation Safely
in February of this year revealed that Board, and is supported by the Tie-
this reporting system is faulty. There p-trtment of Transportation. I would
are 711.648 active airmen now certified note, Mr. President, that similar prof by the FAA. The inspi,-tur grncral duns were included iii the Rail Safety
found that about 10.300 of the.s,- pilots improvement Act, which I introduced
had their driving license suspenred or in April, and in S. 1539, the rail safety
r.voked for DWI convictions in the legislation subsequently, reported by
last 7 years. the Senate Commerce Committee.
However, 7,850 of the 10.300 -of 76 1 intend to offer this bill as an
percent-did not report t.liis informa- amendment to the Airport and Airway
Lion to the FAA. Capacity Expansion Act when it is
These are the people--those wlto in- considered on the Senate floor. I urge
lentionally do not comply with' Feder- my colleagues to support this impor-
al requirements-whore this bill would tant legislation.
specifical'.y address. I ask unanimous consent that the
Mr. President, let me cite a few ex- text of this bill be printed in the
ainples of where the voluntary report- RECORD.
ling system proved lacking. There being no objection, the bill
In February 1986. a commercial was ordered to be printed in the
cargo pilot was killed when his plane RECORD, as follows:
crashed in Tennessee, 3 hours after
leaving Milwaukee. His blood alcohol S. 1819
content (BAC] was found to be 0.158, Re it enacted by the Smote and Hotc'' et
four times higher than the level FAA F''presrntali tes of the Untied Stctrs of
confidt:rs the threshold of impair- America in Concre:s assembled. That Sec
on 206 of the National Driver Register Art
nteuL. 01 1982 .23 U.S.C. 401 not,.) is ari, ndtd w;
A review of his driving record indi- f,)!1,%1-s:
cared a history of drunk driving: 18 111 In subsection tat, par.Kraph (1) is
months earlier, he demolished his van amended by substituting the word "trans
while driving 100 miles per hour. At ixtrtalion- for "high'-ay".
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