STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89G00643R001200010026-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 23, 2016
• Document Release Date: December 19, 2011
• Sequence Number: 26
• Publication Date: October 27, 1987
• Content Type: REGULATION

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S 15190 CON
B) Mr. BIDEN for himself. Mr. Tttua-
ato)m, Mr. Krarrrtmy and Mr. MATCH):
S. 1822. A bill to make certain amend-
ments to the Sentencing Reform Act of 1084
and to improve certain Provisions relating to
imposition and collection of criminal fines.
and for other purposes; placed on the Calen-
dar.
By Mr. STAFFORD (by 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
and Public Works.
By Mr. CRANSTON:
S. 1824. A bill to amend the Federal Avia-
tion Act of 1958 to require that capacity
levels be established at certain airports; to
the Committee on Commerce, Science, and
Transportation.
By Mr. BYRD (for Mr. CRAxSTOri (for
himself and Mr. D As,ATo)):
S.J. Res. 209. Joint resolution to provide
for the extension of certain programs
ing to housing and community development, meat,
placed
and for other purposes;
dar.
ZONAL RECORD - SENATE October 27, 1987
to the Select Committee on diate to deal twith he United emergency sit-
once- uation affecting vital national inter.
ATIONAL swmrTY R6roid ACT ests and time does not permit the
`~,_ ~Y PECTER. Mr. President, hear-
ings before the Senate Intelligence that e event, the finding must be irnme-
Com, W and Joint hearings before diately reduced to writing after the
i
t
Select the
the Select Senate and House Comm
tees on the Iran/Contra matter have actong top be ved, wited three
demonstrated the need for significant written than 2 finding after the completed
no
action in order to establish the appro- later maki
priate role for congressional oversight of the oral finding.
pursuant to the checks and balances Where an oral finding is used, there
'titu- is the additional requirement that the
Con
contemplated by the U.S. Lion. Notwithstanding any action written finding shall include a state-
which may be taken by the President merit of the reasons of the President
by way of Executive order on this for having first proceeded with an oral
Lssue, legislative change is necessary to finding. This bill further provides that
impose statutory requirements govern- a finding shall be effective only with
ing this or future administrations respect to operations beginning after
where any such Executive orders the finding was made by the President
might be countermanded. in order to preclude any contention
This bill has four goals: that the finding may retroactively
First, to encourage timely consulta- cover prior CIA operations.
tion with key Members of Congress to These statutory requirements leave
obtain the benefit of their insights to no room for doubt that no covert
avoid future blunders like the transac- action may be undertaken without
tion with Iran on arms for hostages; complying with the requirements of a
Second, to provide for effective con- written finding and the requisite
gressional oversight by specific statu- notice, ty any personnel of the execu-
tort' requirements establishing precise tive branch or anyone acting on its
time limits for notice where the Presi- behalf including foreign governments
dent decides not to consult in advance; or any individual. This specific provi-
Third, to establish mandatory penal- son would preclude any future argu-
ties where executive branch officials merit that the delivery of arms to Iran
make false statements to congressional was legally istified. after the fact, by
committees; and a retroactive finding or that other en-
Fourth, to add an Inspector General tities or actors were not bound by the
for the Central Intelligence Agency to sf:.me limitations affecting the CIA.
help assure lawful internal compliance This bill further removes any posm-
on matters which do not come within Me ambiguity in section 501(b) of the
President's obligation to notify the
the purview of congressional over-
House and Senate Intelligence Com-
Sight.
s5CSION 2 minces of covert action. Section 501(b)
Notwithstanding the obvious failure now provides:
of the executive branch to prof le req- (b) The Pins; env shall fully inform the
uisite information to Congresi under intelligence con.nittees in a timely fashion
the provisions of existing statutes, of intelligence operations in foreign coun
some have argued that there was corn- tries. other than activities intended solely
for obtaining necessary intelligence, for
rent law. ecause order the vagaries of cur- which prior notice was not given under sup
rent laIn order to prevent a repot)- section (a). and shall provide a statement of
tion of such conduct, the National Se- the reasons for not giving prior notice.
curity Act of 1947 (50 U.S.C. 413) and The phrase "for which prior notice
section 662 of the Foreign As stance was not given under subsection (a)"
the Hughes-Ryan amendmer are Act of 1961 (22 U.S.C. 2422). ki)awn e carries the direct implication that the
made more specific by this bill Exist- House arrd S( Hate Intelligence Com-
ng law prohibits the expenditure of mittees should have been "fully and
i
current],, informed" of covert activi
SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS The following concurrent resolutionsand Senate resolutions were read, and referred (or acted upon), as indicated: By Mr. KENNEDY (for himself. Mr.N ETZLNEAUM, Mr $ATCR Ms. Mncui-SKi FELL Mr. Dos Mr. Doan, Mr. Gt.r . Mr. Cis sroK? Mr? DvxExatacex, Mr. LAVTExHeaG? Mr.
SI . MArsvxAGw Mr. CliAraE Mr.
KE xny. Mr. Wricgzrn Mr. fitsseoxn. Mr. Btrxolcs Mr. Mr. WARIeER. DrCoNcrxi,
Mr. Isour Mr. Mr. Rr!G Mr. oFAttxt~u Mr. Iivot Ys Mr. RrrGLS Mr. Bawnt.rY. Mr. BOND. Mr. MrrCKtI. . Mr.
Pa0XM Ina, Mr. Dhoti. Mr. STArroxn.
Mr . Nuin . Mr. DoYnalci? Mr. GA",
Mr. . SHELBY, Mr. Favo Mr.
D 'Anuro Mr. Bra^scrc, and Mr. SAN r?xn):
S S. Res. 803. A resolution to commend the efforts and commitment of the orll Day." and participants of ?Justice For All Day. November 17. 1987; to the Committee on the Judiciary. By Mr. LEAH.; from the Committee
on Agriculture. Nutrition, and For estn:
S S. Res. 304. An original resolution to in-
crease the amount allocated to the Commit-tee Agriculture,
relating by S. Rea. 80 relatito committee funding for fiscal Year 1988. to the Committee on
11-
- - aril until the
(fo
By Mr. aan,.,
?- - each such operation if, import-,s:1 to
S. Res. 305. A resolution to direct the the national security of the United
Senate legal counsel to represent and to au- States.'- Efforts have been made to
thorize the production of documents by justify the CIA's action in the Iran/
Philip Q. Cohen in the case of Moreno
versus Small Business Administration, et al.; Contra matter by contenLion~ that an
ecnsidered and agreed to. oral finding was sufficient and that a
later written finding could retroactive-
ly justify earlier covert action.
STATEMENTS ON INTRODUCED This bill unequivocally requires that
EILLS AND JOINT RESOLUTIONS the finding be in writing and that the
By Mr. SPECTER: President shall give notice and a copy
6. 1818. A bill to make requirements of any finding to the House and
for the preparation, and transmittal to S--hate intelligence Committees con-
the Congress, of Presidential findings temporaneeusly with the firia.r,g. but
for certain intelligence operations: to in no event later than 24 hours after it
provide mandatory penalties for de- is made. A limited exception is provdd-
ceiving Congress; and to establish an ed for an oral finding in situation.
Independent Inspector General for where the President deems that imrne-
funds by the Centra: Intelitgence
Agency for covert activities "unless tt~s which are covered by se Lion
50l(b. 1! is obvious that the President
d:j not comply with section 501(b) to
inform the i :telligence Committees in
a "timely fashion" where some 14
months elapsed from the time of the
first covert action on the Iranian arms
sf.les to the time that information
reached the Intelligence Committees
Yet, some have contended that the ex-
igencier of the situation excused the
President from giving earlier notice so
that requirements of a "timely fash-
ion" were obser\ ed.
This bill removes any room for such
ft tune argumenLc by requiring the
President to give notice to the Int-ell;-
gence Committees contemporaneous'y
with a_n: vvritt.en or oral finding. ir,
order to remove any conceivable ambi-
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October 27, 1987 CONGRESSIONAL RECORD -SENATE
no one can later claim that "conte;- 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
S 15191
gulLY as to the meaning of "contempo- ascnos $ 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 Live information may recant and avoid
witted 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 6-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 House of Represents- thinking the issue and time to make
necessary to put a 24-hour limitation tires No matter how rigorous or ex- the appropriate correction.
after the requirement of "contempora- acting statutory requirements may be, SECTION 4
neously," but the recent experience the oversight function of Congress ..-. . _. _. -.._-
. "'L; ' `J"'' telligenee Committees in a secret ses- IG's has im-
shall contemporaneously orm the anon of these statutory lion. Where evidence is provided in a proved the effectiveness of the Feder-
Intelligence provide a procedure Committees where is the intended Intelli- to public session, there is an opportunity al Government The act also ensures
genre Committees might be consulted for others to learn of the false infor? that both the Congress and agency
mation and to come forward with the heads are receiving independent as-
in advance so that the President would truth so that the congressional the benefit of their lhirkin8 it gressional over- sessments of programs and operations
he have chose. The sight committees can perform their for which they are accountable or
language of section functions. That is not possible where have oversight responsibility. Howev-
501(a)(1) to keep the Intelligence key 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 Nicaragu2_
within the President's power to pro- such congressional committees are The CIA official with operational re-
seed or not as he chooses. covered by section 100) 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 intelli.
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 Inteili-
action In selling arms to Iran, the pres-nted in secret where tl truthful gence Oversight Board. The iran-
President might well have ceased and information has never come to the at- Contra investigations have raised serl-
desisted on his own. Had the President tenti an of the comrittees. 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 (111-22): "Lieutenant Colo.
utilized its power to terminate funding notice that the matter is extremely Sc- 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 e y witness who appear before a sistance to the Contras did not cover
gressional oversight are further limit- congressional committee to tcline to the NSC staff." In addition, review of
ed by excluding notice to the Intelli- mow` r any question until the : witness Executive Order 12334, which estab-
ed had an opportunity to reflect on lishes the Intelligence Oversight
Bence Committees where the Presi the question or to consult with his or Board, and the operations of the
dent determines that it is essential to 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-
dinars 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 'ass ad- by the Int-elligence 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-
preserlation of secrecy. A valid argu- In any event, an enforceable legal dent and corlirmation by the Senate
went could be made that notice should oblieat.ion to answer does not arise as with limitations on grounds for dismis-
go only to the leadership of both a practical matter anti: citation for sal. To increase accountability to Con.
Houses in the interests of secrecy, but contempt of Congress is obtained and grew, serniannua' 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 subiect promptly submitted to the Intelli-
gence Committees warrants their Lo a sanction for contempt for failing Bence Committees, as well as to the
being included. to answer. Director of the CIA.
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S 15192
Secrecy is provided for, as is subpoe-
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-
ceiving 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 experi-
ence from the Iran/Contra matter.
After the problems were publicly dis-
closed on the failure of the executive
branch to notify the Intelligence Com-
mittees on the sale of arms to Iran,
there was an exchange of correspond-
ence between the President and the
Senate Intelligence Committee. The
President wrote to Chairman BoarN
by letter dated August 7, 1987, ex-
pressing his support for certain key
concepts recommended by the Senate
Intelligence Committee. Paragraph 6
of the President's letter stated:
In all but the most exceptional circum-
stances. timely notification to Congress
under Section 501(b) of the National Securi-
ty Act of 1947, as amended. will not be de-
layed beyond two working days of the initi-
ation of a special activity.
In my judgment, where notice may
not be given even in "the most excep-
tional circumstances" the fundamen-
tal requirement of notice is defeated
because it remains with the purview of
the President to determine what con-
Ftitutes the "exceptional circum-
s: antes." Precise requirements are nec-
essary as set forth in this proposed
legislation.
By Mr. LAtrTErBERG:
S. 1819. A bill to amend the National
Driv r Registration Act of 1982 to
assts in the identification of operators
of air raft who have driving problems
by pe itting access to the National
Driver egister, to the Committee on
Comme ce, Science and Transporta-
tion.
IDETTUIC -1OIi Or AIRCA.AYT OPEP-4TOR5 WHO
-.-E DRICIR6 PROB:.FJSS
e Mr. LA NBERG. Mr. President,
I rise Coda- to introduce a bill aimed
at closing serious loophole in our
aviation We network.
This bill w?o d authorize individuals
to provide the Federal Aviation Ad-
ministration wit access to the Nation-
al Driver Registe [NDR) in reviewing
tion. It would silo the FAA to use
this information to v rift' information
provided by pilots, an to help evalu-
ate whether the airm n meets mini-
mum medical standards prescribed by
the FAA.
The FAA would not a provided
access to information m e than 3
years old, unless that info tion per-
CONGRESSIONAL RECORD - SENATE
Thi
use
set
pro
co
ND" information
f als
t
and
to
matt n in the NDR.
Wi h enactment of this
is in
gate gu
tion
tion
ess.
In
must
tion. -he m.Rjority of th
perfo ed by private pt
prov y
ed
Ther
tion. t
line pil and must be re
6 month
for comr
and flig navigators. It Le . vate pilots r(
nually. 'fication, which
class cer
co Second-class ce y. There are
newed ev ry 24 months.
Current Y, the FAA re
seeking c rtif tion to re
alcohol
driving co victions. This
merit too
And the F does not knc
people are.
Althoug the majority i
the respo ibility that
their licens
that don't.
drink and
would not c
ing requirem
A report b-
in February
this report system is f
are 711,648 ac
by the FAA. The imspe
found that at =
had their drivi
revoked for D -1 convic
last 7 years.
However. 7,85
percent-did no report
t
tion to the FAA.
These are the
t.entionally do no
at requirements-
specifically addre
Mr. President, 1 me c
amples of where t
ing system proved 1
In February 19
cargo pilot was kille
crashed in Tennesse
leaving Milwaukee. H
content [BACI was fou
four times higher than
considers the threshol
merit.
A review of his driven,,
tains to a revocation or suspension of a
drivers license that is still in effect.
ut in statute.
addition. the airman would be
mment on it
Ling. This would protect against
identification of an applicant.
ve the applicant the opportunity
nded that the FAA will promul-
e lations to require authoriza-
faccess to the NDR as a eondi-
fthe medical certification proc-
rder to legally fly, any pilot
eceive regular medical certifica-
the FAA.
are several classes of certifica-
class certification is for air-
and must be renewed every
rtification is
ercial pilots, flight engineers,
any do not comply with.
seriously, there r.-e those
here are those w o might
ti -)se who
nts.
DOT's inspector general
this year revealed that
system is faulty. There
ive airmen now certified
t 10,300 of th:i=e pilots
g license suspi nded or
of the
10.300-of 76
this inlorma-
comply with Feder-
hom this bill would
voluntary report-
king.
when his plane
3 hou-s after
Of irnpair-
cat.ed a history of drunk\driving: 18
months earlier, he demolished his van
while driving 100 miles per hour. Al,
October 27, 1987
to 1984, he had seven DWI con-
ons, and had his drivers license re-
t. he could still fly. And the FAA
vok
Y
had
recd
turn
DWI
that time.
pilot who
his license i
Yet, they
had no way
records.
a pattern of
knowing. Its m
ground. Included
convictions.
But, under Curren law, the FAA
cannot verify the inf ation the ap-
plicant provides. The AA should not
fly blind while some o's fly drunk.
This bill would remo- :he obstacle
that prevents the FAA rim confirm-
ing pilots' backgrounds.
This change has long eon endorsed
by the National Tra.nrpo Lion Safety
Board, and is supported by the De-
partment of Transportati n. I would
note, Mr. President, that ri ' ar provi-
sions were included in the ail Safety
Improvement Act, which 1 traduced
in April, and in S. 1539. th it safety
legislation subsequently repo ed by
the Senate Commerce Corn mitt
I intend to offer this bill c an
amendment to the Airport and Airway
Capacity Expansion Act when it is
considered on the Senate floor. 1 urge
coy colleagues to support this impor-
tant legislation.
I ask unanimous consent that the
text of this bill be printed in the
Rscosn.
There being no obje:tion, the bill
was ordered to be printed in the
REC'uD, as follows,
up 262 first-class pilots with at
drunk driving conviction. They
a pilot who had two separate
since 1983. Combined, the
ad 94 DWI convictions in
pended for 10 years.
tmn 206 of the
of 1962 t23 u.s
luiloas
k driving convictions,
ow that person in the
a pilot's back-
that form is an
er the applicant
cted bt the Smelt and House o+
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October 27, 1987
CONGRESSIONAL RECORD - SENATE S 15193
(2) In subsection (b), insert the following
new paragraph immediately after para-
.'(
recef
the ief driver Ucensing official
to t it information regardini
vidual der subsection (a) of this
the A inistmtor of the Federa
Adminis
Federal
ceive such
informatio
available to the indi
review and
Titter comment. The
trat.or shall n t divulge Or use sucl
Lion except verily informatior
to be repo to the Adminis
airmen appl) ing or an airman m
tificate and to ev
meets the minim medical sta
prescribed by the A min
an airman medical rLificate. TI
be no access to info
under this paragrap if such in
was entered in the Re ter more t
years before the date of
such information rely to revo~
suspensions which are st' in effe
date of the request. Info
to the Register by States
July 14. 1960 (74 Stat. 526),
Act shall be subject to access
pose of this paragraph during t
to the Register established un
203(a) of this Act.".
(b) Section 206(b) of the Natio
Register Act of 1982 (23 D.S.C. 40
amended by adding the following sentence
at the end of paragraphs (b)(1), (b)(2), and
(b)(4), respectively: "Information submitted
to the Register by States under the Act of
July 14. 1960 (74 Stat. 526), and under this
Act shall be subject to access for the pur-
pose of this paragraph during the transition
to the Register established under section
203(a) of this Act."..
By Mr. SPECTER:
S. 1820. A bill to improve the objec.
tivity. reliability, coordination and
timeliness of national foreign intelli.
gence through a reorganization of po-
sitions, and for other purposes; to the
Select Committee on Intelligence.
NATIONAL INTELLIGENCE REORGANIZATION ACT
Mr. SPECTER. Mr. President, the
bill I am introducing today would en-
hance considerably the objectivity and
reliability of our Nation's intelligence,
which the events of the past 2 years
have demonstrated to be woefully
lacking. It would greatly improve the
management structure and control of
the activities and vast resources of our
country's intelligence agenices and de-
partments.
In his Iran-Contra testimony, Secre-
tary of State George Shultz summa-
about the objectivity and reliability of and of the agencies who provide such
some of the intelligence he was receiv- intelligence is to ensure the provision
ing precisely because the people who of objective, reliable, coordinated and
supplied it were too deeply involved in timely information upon which the
advocating and carrying out policy. President and other senior foreign pol-
In the 40 years since passage of the icymakers may base sound foreign
National Security Act the Directors of policy decisions:
Central Intellience have been tested Second, relieving the Director of
repeatedly on their ability to maintain Central Intelligence of the responsibil-
a delicate separation of two competing ity for implementing covert actions.
responsibilities. On the one hand, the but charging him with responsibility
Director of Central Intelligence [DCII for overseeing the conformity of such
has been expected to provide unvar. actions with applicable laws and regu-
nished intelligence information to the lations
President and other foreign policy. Third, establishing the position of
makers. On the other hand, he has "Director of the Central Intelligence
been asked to be a participant in the
making and execution of foreign Agency" to manage the CIA on a full
o- time basis and to implement cover ac-
policy through coven actions If hist
ry has taught us anything, it is that
the desired separation cannot and has
not been maintained. It is unrealistic
and probably unfair to expect our Na-
tion's senior intelligence officer to be
the purveyor of objective, unbiased in-
formation upon which the President
and Secretary of State may formulate
a foreign policy, while at the same
time charging him to influence and
implement that policy in the form of
covert action.
The problem is particularly acute
when the DCI is a foreign policy activ-
ist. Director William Casey was not
the first Director of Central of intelli-
gence who desired to be involved to
some degree in the formulation or im-
plementation of foreign policy, nor is
he likely to be the last. Recognizing
this, we should take steps to ensure, to
the greatest degree possible, some
structural separation of the DCI's cur-
rent function. We simply cannot
afford to have two Sec-etaries of
State, two foreign policyn akers who
may be attempting to mov_ the coun-
try in different directions, ( ne overtly
and the other covertly. No one is well
served by this contradiction-not the
President, not the Congress and not
the country.
Now we have a choice, we can pre-
serve the status quo and hope that the
As I already have stated, this bill
will greatly enhance the management
current Director of Cent: al Intelli- have found the operational role of the
gence-and each of his succe sors-will CIA more glamorous than managing
understand the lessons of the Iran- an intelligence community composed
Contra affair. Or we can create a of agencies and departments opposed
better system of checks and balances to centralized direction. Events such
or, covert action undertaking. It is up as Watergate, congressional investiga-
to the Congress to clarify in the law tions of wrongdoings, and the turnover
what we expect the Director of Cen- of DCI's, also have contributed to the
tral Intelligence and the CIA to do neglect.
and not to do. We can do this by pro- Today, the intelligence community,
viding an organizational framework as it is called
consists of the Central
,
rized. in very clear terms, the principal designed to permit the Director of Intelligence Agency, the Defense In.
problem with U.S. intelligence. [One Central Intelligence to provide objec- telligence Agency, the National Securi-
is) the importance of separating the tive, reliable and coordinated intelli- ty Agency, the large foreign intelli-
function of gathering and analyzing gence to policymakers in a timely gence and counterintelligence ele-
intelligence from the function of de- manner. However, we must make it ments of the Army, Navy, Air Force
veloping and carrying out policy. If clear to the Director-not simply the and Marine Corps, offices for the col-
the two things are mixed together, it current one but to all future ones- lection of specialized intelligence
is too tempting to have your analysis that it is not the DCI's function to for- through reconnaissance, the FBI's
and selection of information that's mulate and implement foreign policy. Foreign Counterintelligence Division,
presented favor the policy that you're This bill accomplishes these pur- the State Department's Bureau of In-
advocating. Secretary Shultz went on poses by: teliigence and Research and elements
to say that, long before the Iran- First, amending the National Securi- of the Treasury and Energy Depart-
Contra events came to light, he al- ty Act of 1947 to make clear that the ments. These organizations provide
ready had come to have grave doubts principal role of foreign intelligence what we call national foreign intelli-
vidual for
Adminis-
of the activities and vast resources of
our several intelligence departments
and agencies. In 1947, President
Truman, mindful of the President's
need for intelligence and of Pearl Har-
bor's bitter lesson stemming from un-
coordinated and poorly disseminated
intelligence, formed an agency to cen-
tralize intelligence. The position of Di-
rector of Central intelligence was cre-
ated to head the new Central Intelli-
gence Agency and to coordinate the
activities of the intelligence entities in
existence. Those entities consisted of
the intelligence services of the Army
and Navy, a small bureau in the State
Department and remnants of the OSS.
Since 1947, that coordination task has
grown enormously with the addition
of complex technology, the commit-
ment of vast resources and the estab-
lishment of many large, secretive and
organizationally complex departments
and agencies.
Since John F. Kennedy, several
Presidents have directed their Direc-
tor of Central Intelligence to devote
the bulk of their time to the intelli-
gence community. For a number of
reasons this has not happened. Suffice
it to say that, in some cases, DCI's
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CONGRESSIONAL RECORD - SENATE October t7, 1987
?gence. There are other elements in the
Government, mostly within the De-
fense Department. which run a vast
system of tactical intelligence nearly
as complex and as expensive as that of
the national foreign intelligence
world. Outside of the Government,
there is another world of contractors
who design and develop these complex
intelligence systems and, in some
cases, operate them for the intelli-
gence agencies.
Make no mistake about my remarks.
These agencies and programs are criti-
cal to our national security. The coun-
try needs them. But their budgets are
in the billions; their growth in terms
of people is the greatest in the history
of U.S. intelligence; their mission and
challenges now and for the foreseeable
future are so demanding, complex and
interdependent that their manage-
ment and leadership can no longer be
accomplished by a Director of Central
Intelligence who also must manage a
large agency such as the CIA.
The Intelligence Oversight Commit-
tees which review the programs and
budgets of the intelligence community
have clearly identified management of
the intelligence community as a criti-
cal issue. In 1976, the Select Commit-
tee to study Government operations
with respect to intelligence-the pred-
ecessor to the Senate Select Commit-
tee on Intelligence-"found concern
that the function of DCI in his roles
as intelligence community leader and
principal intelligence adviser to the
President is inconsistent with his re-
sponsibilities to manage one of the in-
telligence community agencies-the
CIA." The committee also expressed
concern that the DC's new span of
control-both the entire intelligence
community and the entire CIA-na:'
be too great for him to exercise effec-
tive detailed supervision of clandestine
activities. Those concerns are even
greater today than they were 11 years
ago, because of the greater challenges
and costs facing intelligence, the grow -
ing competition for resources and the
unacceptable risks to U.S. loreigr
policy.
To address this problem, the bill I
am introducing today also:
Changes the title of the "Director of
Central Intelligence- to the "Director
of National Intelligence" to reflect the
new, more important status of this po-
sition (the title is not new; it was first
proposed by the Senate Intelligence
my colleagues and ask for their assist-
ance with an issue that has profound
implications for the U.S. seafood proc-
essing industry, particularly in the
Gulf of Mexico region.
Recently, the Internal Revenue
Service [IRSI has announced a change
in policy with regard to the Federal
tax responsibilities of U.S. seafood
processors. Specifically, the IRS has
stated a new position that contract
workers in seafood processing facilities
who peel, pick, head, shuck, fillet, or
otherwise process fish or shellfish, and
who are compensated on the basis of
the volume of seafood thus processed,
are no longer to be treated as inde-
pendent contractors, but as employees
instead. A good example are the thou-
sands of workers at the small "mom
and pop" crab, oyster and shrimp
houses that dot our gulf coast, but
many analogous examples exist na-
tionwide.
This new IRS position, which direct-
ly contradicts long-standing IRS rul-
ings and policy, places a substantial
and unjustified financial and adminis-
trative burden on the already margin-
al U.S. seafood processing industry.
This new burden translates to a net in-
crease in Federal tax responsibility of
7.95 percent for the seafood processors
as well as a costly administrative
burden of keeping detailed records on
and withholding taxes from payments
to a vast array of transient workers. In
fact, unable to bear this new responsi-
bility, small family-owned seafood
processing businesses throughout the
gulf coast have already begun to close
their doors. This certainly does noth-
ing to improve the serious unemploy-
ment situation that resulted from the
oil and gas depression in this region.
The treatment of workers as inde-
pendent contractors for Federal tax
purposes under certain types of em-
ployment arrangements has signifi-
cant statutory precedent. For exam-
ple, Congress has established inde-
pendent contractor status in analo-
gous situations where workers are
compensated on the goods produced
(code section 3121(bX16)-tenant
farmers; code section 3121(b)(20)-
fishermen), where the individuals par-
ticipating in an industry are by custom
or habit highly mobile (code section
3121(b)(l)-foreign migrant agricultur-
al workers), and where the administra-
tive burdens of treating individuals as
Committee in 1980)-, against politicization of intelligence. .otmployees, would be unreasonable
Establishes the Director of National Thank you, Mr. President. (code section 3121(bX20)-fishing
Intelligence as the primary adviser tom vessel employees: see Senate Report
the President on national foreign in- By Mr. BREAUX: No. 938. 94th Cong., 2d Sess. 385-86
telligence and as the full-time manag-
er of the intelligence community with
clearly defined statutory responsibil-
ities and authorities for the foreign in-
telligence effort;
Makes the Director of National In-
telligence a statutory member of the
National Security Council to ensure
that he is aware of emerging issues for
which there is an Intelligence need
and to ensure that there is an objec-
tive Intelligence base for national secu-
rity and foreign policy decisions being
contemplated;
Ensures that the position of the Di-
rector of National intelligence as
leader of the intelligence community
Is not a hollow one, by giving the posi-
tion not only the statutory authority
to approve and submit the intelligence
community program, resources and
budget, but also to task all intelligence
collection and analytical resources:
Eliminates the need for a Director of
the Intelligence Community staff
since that 237 person staff plus other
offices and personnel would report di-
rectly to the Director of National in-
telligence.
Finally, I endorse completely Judge
Webster's view, recently expressed to a
group of reporters, that the CIA's di-
rectorship should not change every
time a new President is elected. This
gives rise to charges that the position
has been politicized and that there is
an inadequate institutional memory of
lessons learned from the past. In the
past 15 years there have been 7 beads
of the CIA and only 2 of these were
career intelligence officers. We cannot
afford a generalized loss of confidence
in the CIA's objectivity and reliability,
because of the politicization of Its
analysis such as was expressed by Sec-
retary of State Shultz, to ensure a
more professional approach to intelli-
gence activities and analysis, to reduce
the risk of politicization and to protect
against the dangers of an Intelligence
"czar," this bill also would:
Create a fixed, 7-year tenure for the
Director of the Central Intelligence
Agency.
Require that at least one of the posi-
tions of Director or Deputy Director
of the Central Intelligence Agency be
filled by a career intelligence officer
from the intelligence community.
I am not proposing that the Director
of National Intelligence be tenured be-
cause I believe that the President
should have the right to select individ-
uals who are to serve as his primary
advisers. I believe that with a separate
and tenured Director of the CIA and
with other intelligence agency beads
not under the administrative control
of the Director of National Intelli-
gence (the Directors of the Nation.]
Security Agency and the defense intel-
ligence agencies are appointed by the
Secretary of Defense), we would have
?E. 1821. A bill to amend the Internal (1976;).
Revenue Code of 1986 and the Social Mr. President, workers that perform
Security Act to provide that certain the nominal processing of seafood pos-
services performed by an individual in secs these same characteristics and
the processing of fish or shellfish are have thus been treated appropriately
exempt from the definition of employ- by IRS until recently. Rather than re-
ee for Federal tax purposes: to the ceice a fixed wage, these worker are
Committee on Finance. paid on the basis of the quantity of
sr.AP'oor PFOCESSOF SAX LWISL .7IOi seafood they actually process. As a
Mr. BREAUX. Mr. President, I matter of culture. these individuals
would like to bring to the attention of are generally highly mobile, frequent-
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