ANAYLSIS OF NEW OVERSIGHT LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89B00224R000200470004-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 22, 2016
• Document Release Date: September 20, 2011
• Sequence Number: 4
• Publication Date: September 30, 1987
• Content Type: MEMO

Sanitized Copy Approved for Release 2011/09/20: CIA-RDP89B00224R000200470004-0
OCA 87-5072
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Director of Congressional Affairs
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3 0 SEP 1981
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Sanitized Copy Approved for Release 2011/09/20: CIA-RDP89B00224R000200470004-0
 Sanitized Copy Approved for Release 2011/09/20: CIA-RDP89B00224R000200470004-0
FROM:
SUBJECT:
Analysis of New Oversight Legislation
1. The new oversight legislation introduced last week by Senator Cohen,
and cosponsored by Senators Bensten, Deconcini and Murkowski, significantly
changes the system of congressional oversight. We are told that the
legislation is being introduced now to get ahead of any legislation that the
Iran/Contra Select Committees may propose. The legislation has been referred
to the Senate Intelligence Committee where we anticipate hearings will be held
later this year. It is significant that Chairman Boren has not cosponsored
the legislation; we understand that he entertains doubts about its
constitutionality. Nevertheless, this bill should be taken seriously since
its sponsors are all moderate Democrats or Republicans. Attached is a copy of
the legislation.
2. While some of the changes in the oversight system proposed in the bill
raise to the level of statute that which will be adopted in the new NSDD on
covert action, there are many changes we and the White House would consider
detrimental. Major changes include the following:
--Findings must be reported to the oversight committees within 48 hours
after the President signs the Finding. The bill eliminates the recognition in
current law of the President's constitutional authority to delay notice till
after the initiation of the special activity.
--Presidential Findings must be in writing, cannot be made retroactive,
and cannot authorize violation of existing laws. In addition, a Finding must
specify any U.S. Government department or agency, or any third party,
including any foreign country, which will be used to fund or otherwise
participate in the special activity. This will require a departure from
current practice in which the names of foreign countries assisting this
Government in the conduct of a special activity are not set forth in the
Finding.
--The President is given explicit authority to conduct special
activities. Under current law, that authority is derived implicitly from an
interpretation of the National Security of 1947.
--The President is required to consult with the intelligence committees
prior to implementation of intelligence activities. The authors of the
legislation have interpreted this provision to include consulting with the
intelligence committees on proposed Findings prior to Presidential approval of
the Finding.
STAT
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--The obligation to inform the intelligence committees on special
activities is no longer subject to the proviso that notification shall be
carried out with due regard for the protection of intelligence sources and
methods. That proviso is only retained for reporting on intelligence
collection activities. There is thus no statutory basis to withhold from
Congress any information, no matter how sensitive, on special activities.
--The legislation explicitly raises the possibility that the Agency must
report certain intelligence collection activities prior to the initiation of
the activity.
--An obligation is put on the President through his representatives to
keep the intelligence conunittees.fully and currently informed of intelligence
activities. Current law specifies that the DCI, and other agency heads, shall
keep the committees informed. With respect to special activities, the
President, DCI and heads of other agencies participating in a special activity
must keep the intelligence committees informed of the special activity.
--A prohibition would be put on the expenditure of appropriated funds by
any agency of the U.S. government to conduct special activities without a
Presidential Finding. Current law only restricts the expenditure of
appropriated funds by CIA without a Presidential Finding. The law would also
prohibit the expenditure of funds available to a government agency without a
Presidential Finding. This would include funds donated by third countries to
the U.S. Government to finance a special activity. The authors of the
legislation interpret this prohibition to cover funds donated by a third
country at the request of the U.S. Government whether or not the funds
actually come into the possession of a U.S. government agency.
--The term "Special Activities" is defined for the first time in law.
Currently, the term is only defined in the Executive Order. The bill defines
special activities to explicitly exclude intelligence collection activities,
military operations conducted by the armed forces of the U.S. and subject to
the War Powers Resolution, diplomatic activities of the Department of State or
persons acting on authority of the President, and activities of law
enforcement agencies in providing assistance to law enforcement authorities of
foreign governments.
Sanitized Copy Approved for Release 2011/09/20: CIA-RDP89B00224R000200470004-0