YOUR LAST MEETING WITH SENATORS BOREN AND COHEN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R000400100003-9
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 17
• Document Creation Date: December 22, 2016
• Document Release Date: October 18, 2012
• Sequence Number: 3
• Publication Date: October 2, 1987
• Content Type: MEMO

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OCA 87-5106
2 October 1987
NOTE FOR: The Director
The Deputy Director
FRO Q: Dave Gr ies
SUBJECT: Your last meeting with Senators Boren and Cohen
Sven Holmes and Jim Dykstra, the two staffers who attended,
have indicated to my staff their awareness of your discomfort
during the meeting. They rightly surmised that you regretted
the late start and were uncomfortable during one of the
intervals to have staffers rather than Senators as
interlocutors. We confirmed only that the meeting did take a
long time and questioned whether the venue was the best possible
one. Senator Cohen has now sent word that itrmight be a good
idea to hold some of these meetings at CIA, pe pt
breakfast. He plans to talk to Senator Boren. (The latter has
told me on a number of occasions that he can do nothing rational
until after 10:00 a.m.)
D/OCA/DDG (2 Oct 87)
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OCA 87-5063
MEMORANDUM FOR: The Director
FROM: David D. Grie-
Director of~.Congressional Affairs
SUBJECT: Additional Item for Your 30 September 1987
Meeting with Senators Boren and Cohen
The Acting Director of the Intelligence Community Staff
requests that the following item be placed on the agenda for
your meeting with Senators Boren and Cohen.
Treasury Appropriations Bill: A provision in the
Senate version of the Treasury Appropriations Bill
(Tab A) would require that in Fiscal Year 1989 all
parent agencies be fully reimbursed for employees
detailed to other agencies for more than 60 days.
Quarterly reports to the Appropriations Committee
would be required in Fiscal Year 1988. The House
version of this Bill does not contain the detailee
provision. The Defense Intelligence Agency, which
would be seriously affected by this Bill, and the
National Security Council are working with the
Intelligence Oversight Committees to have the
provision stripped in conference. If enacted, this
provision could affect as many as 15 officers--or as
few as two--currently detailed to the Intelligence
Community Staff, depending on how the Bill is
interpreted. The impact on the Intelligence Community
Staff could be as much as $700,000 and there exists a
possibility that these 15 positions could be counted
against the Staff's current level which is frozen at
237.positions.
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OCA/Senat~
(29 Sep 8/7)
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1 SEC. 621. None of the funds appropriated or made
2 available by this Act shall be used to competitively procure
3 electric utility service, except where such procurement is ex-
4 pressly authorized by the Federal Power Act or by State law
5 or regulation.
6 SEC. 622. Notwithstanding any other provision of law,
7 for the fiscal year ending September 30, 1989, when any
8 individual Federal employee is detailed to an executive
9 branch agency other than. his or her employing agency for a
10 period of 60 days or more, the detailing agency shall bill the
11 executive branch to which said employee has been assigned
12 for all salaries and expenses of said employee for the period
13 of assignment after 60 days and shall be fully reimbursed for
14 all such costs: Provided, That all executive branch agencies
15 shall submit a quarterly report to the House and Senate
16 Committees on Appropriations on all reimbursable and non-
17 reimbursable detailees used by such agency during the fiscal
18 year ending September 30, 1988.
19 SEC. 623. Title 5 C.S.C. section 8401(17)(B) is
20 amended by deleting the words "10 years" and inserting in
21 lieu thereof "3 years ".
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OCA'87-5046
28 September 1987
MEMORANDUM FOR: The Director
FROM: David D. Gx-s` ;j'.
Director oX'---6o"-n`gressional
SUBJECT: Your Meeting on 30 September with
Senators Boren and Cohen
Your regular monthly meeting with Senator David Boren
(D., OK) and Senator William Cohen (R., ME), the Chairman and
Vice Chairman of the Senate Intelligence Committee respectively,
is scheduled for 30 September at 1630 in 219 Hart Office
Building. Bob Gates and senior Intelligence Committee staff
will also attend.
New Oversight Legislation: You might ask again about
legislative proposals emerging from the Iran-Contra
hearings. We understand that Senator Inouye is
polling other Senate committees for legislative
proposals that could be incorporated in the report of
the Senate Iran-Contra Committee and on 25 September,
Senator Cohen introduced the "Intelligence Oversight
Act of 1987" (Tab A). We also hear rumors of a
proposal requiring a statutory Inspector General for
the Agency who would report to Congress and the DCI.
They may mention that those Members favoring tough new
oversight legislation are citing the new book by Bob
Woodward as evidence that current oversight has been
inadequate.
Government Accounting Office Problem: We have invited
Senator Glenn out for breakfast to discuss his
legislation requiring Government Accounting Office
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SECRET
audits of Agency accounts and programs. We believe
you should tell the Senators about this as a way of
conveying your continuing opposition to surveillance
by the Government Accounting Office. (FYI: We are
told that the Rules Committee has approved a
supplemental budget request from the Intelligence
Committee to enable it to establish its own audit
unit. Floor approval will be required.)
Impact of Arms Control on the Intelligence Communit :
We are concerned that ratification process for any
arms control treaty will greatly increase demands for
Intelligence Community briefings of Congress with the
attendant risk that our most sensitive sources and
methods will be exposed in the public debate. Aside
from briefings for Members, we propose to limit
briefings dealing with these sensitive areas to the
staffs of the Intelligence and Armed Services
Committees, and we request their support in this
matter. Of course, briefings on the details of these
sensitive sources and methods would be reserved for
Members only.
The following items are for your background in case the
Senators raise them:
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Senator Durenburger: Regarding the Ethics Committee's
Investigation of Senator Durenberger, we have been
asked informally about the classification level of the
Senator's public comments in Miami.
We were told to expect a letter
from Chairman Heflin and Vice Chairman Rudman that
would formally request the classification level.
The Moscow Embassy: The Intelligence Committee staff
finds it difficult-to understand why you signed off on
the Department of State's proposal to rebuild the top
floors of the new embassy building in Moscow, and
Senators Boren and Cohen may raise this issue. The
Senate Intelligence Committee favors full destruction.
Our New Pay and Performance Initiative: We have
reached a tentative agreement with Senate and House
Intelligence Committee staffers to invite the National
Academy of Public Administrators (of which you are a
member) to study our personnel system and the proposed
changes. This represents a compromise between the
House Committee's plan for a Presidential Commission
to make a study and our preference for no study at
all. Although the final National Academy report will
not be due until January 1989, language will be
included in the Committee report which states that it
is not the intention of Congress to slow down
personnel initiatives agencies deem necessary. We are
to identify our priority areas for implementation and
National Academy of Public Administrators will
research these first and make recommendations. Our
contract with National Academy should call for
specific interim reports in accordance with our time
schedule.
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OCA/Senate
(28 Sep 87)
STAT
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.812862 CONGRESSIONAL RECORD -SENATE September $5,1087
propose that a portion of the Oauley rivers. 'I o .give -people a chance to be of good government-to snake our
River be established as a national heard on the proposal. I sponsored mutual responsibilities under the law
recreation area. and that the lower public meetings in Durbin. Marlinton, as clear and certain as we can.
portions of the Meadow and the Blue- and Lewisburg. What I heard from my As has been reported in the press in
stone be designated as the State's first constituents was an overwhelming recent weeks, the President has. in
wild and scenic rivers. This bill will desire to protect their river-but not fact, taken a number of concrete steps
also allow for much-needed boundary through designation as a scenic river. in this direction. These were reported
modifications in the New River Gorge Moreover, any plan that is put forth to the Intelligence Committees last
National River. to protect the Greenbrier must ad- August. He has told us that there will
Protecting these rivers in their prix- dress the issue of flood control. In not. be oral findings in the future. that
tine state will give people the opportu- 1985, the region was devastated by a such findings will not authorize covert
nity to enjoy their unmatched beauty flood- Currently. the Corps of Engi- actions retroactively, and that all
for years to come. Federal designation neers is preparing a feasibility study covert programs will be periodically
of these rivers will go a long way -that will suggest various alternatives subjected W review. These steps are
will be
But one is
d
t
bl
i
d
toward luring more tourists to south--
em West Virginia. Each year, 700,000
tourists visit the New River Gorge Na-
tional River. Being part of the Nation-
al Park System will provide increased
awareness-both nationally and inter-
nationally-to the recreational oppor-
tunities available on these rivers. It
will give West Virginia's wild, wonder-
ful rivers more publicity than we could
ever buy.
The recently funded New River
Parkway. the just-completed West Vir-
ginia Turnpike, and the soon-to-be-
completed Interstate 64 will enable
tourists to visit these areas on modern.
safe, and convenient highways.
Indeed, West Virginia's interstate
system is now among the most elabo-
rate and accessible in the Nation.
The Gauley River National Recrea-
tion Area will cover a 24.5-mile seg-
ment from Summersville to Swiss.
With Its boulder-strewn rapids, high
ledges. narrow chutes, and tortuous
channels, this area provides one of the
most spectacular whitewater experi-
ences in the country. In 1986,
whitewater recreation on the Gauley
alone pumped over $18 million into
the local economy.
The Meadow River, from the Route
19 Bridge to its confluence with the
Gauley, is in a wild and primitive con-
dition. For rafting enthusiasts, it's
even more demanding than the
Gauley due to its narrow channel and
steep grade.
One of the most pristine rivers in
the United Stag is the Bluestone.
Well known for its beauty and mag-
nificent gorge, superb opportunities
exist for fishing. camping. rafting, and
canoeing on the Bluestone.
The Greenbrier River was also stud-
ied under the legislative mandate. The
study, conducted by the Forest Sen.-
ice, determined that 133 miles of the
river were eligible for Federal protec-
tion. Under the provisions of the 1965
Wild and Scenic Rivers Act, 106 miles
.-,_s..t. Classified nc scenic and 27 miles
wt-.t ltfc:g~u -------
Forest Service recommended that the activities generall.' Or Of covert actions
river be protected by the State. Natu- in particula . Rather, it is aimed at
cal Stream Preservation Act-not by strenthening the congressional over-
the Federal Government through con- sight process, by clarifying the respon-
gressional action, sibilities and roles of both branches
I have received hundreds Of letters. and removing the other ambiguities
numerous phone calls, and have met under current law. To be sure. the of
with many residents of Pocahontas fecuveness of any law will ultin:atelf.
and Greenbrier Counties on the pros- depend upon the mutual trust and
pect of including the Greenbrier in good faith of both parties. but it nev-
the system of federally protected ertheless behooves us-in the interests
u
y
e.
s s
a
welcome and commen
for flood protection. Th
ready for release and public discussion
in January 1988.
my constitutents and the unresolved
flood control issue. I have decided not
to include the Greenbrier River in this
legislation. Since there is an enormous
interest in protecting the river. I will
offer my assistance in developing a
local plan that will protect the river-
while not precluding effective flood
control.
Mr. President, without a doubt, the
rivers that I have proposed for Federal
designation are worthy of inclusion in
the system of wild and scenic rivers.
Enactment of this legislation will com-
plement the existing New River Gorge
National River and greatly enhance
the economic development of southern
West Virginia through tourism. I urge
my colleagues to pass this legislation
as soon as possible.*
By Mr. COHEN (for himself, Mr.
BaxrsEs, Mr. DECoxcuvt, and
Mr. MtrRKOwssz):
S. 1721. A bill to improve the con-
gressional oversight of certain intelli-
gence activities, and to strengthen the
process by which such activities are
approved within the executive branch,
and for other purposes: to the Select
Committee on Intelligence.
INTELLIGENCE OVERSIGHT ACT
? Mr. COHEN Mr. President. I am in-
troducing today, along with three
members of the Intelligence Commit-
tee, Senators BErrsEN. DECONcrNZ and
MtTRSOwssl, a bill entitled the intelli-
gence Oversight Act of 1987, which is
an effort. to strengthen the statutory
framework already existing in this
area and to ensure that Congress will
continue to play an active. effective
role in the oversight of U.S. intelli-
gence activities. including covert ac-
tions.
It is important W. recognize at the
outset that this bill would place no
new restrictions upon the President,
nevertheless obliged to recognize that
these are policies which do not have
the force of law, which may be subject
to exceptions or waivers approved by
the President in special circum-
stances-ones that would be highly
classifed-and which are not binding
upon any future administrations.
The bill I am introducing today ac-
cepts and builds upon the commit-
ments already made to the intelli-
gence Committees by the President. It
does not purport to be the final
answer, but it does represent a com-
prehensive attempt to restructure, and
where necessary, improve the current
system of intelligence oversight.
Appended to the bill is a lengthy sec-
tion-by-section analysis which sets
forth its purposes in great detail. I
wish only to highlight several of them
here.
First, the bill would place all of the
laws bearing upon intelligence over-
sight in one place in the United States
Code, and would restructure those
laws in a logical, coherent fashion. Ac-
cordingly, the Hughes-Ryan Amend.
ment, which was an amendment to the
Foreign Assistance Act of 1961, would
be moved to that portion of the intelli-
gence oversight statute which deals
with limitations on the funding of in-
telligence activities. Moreover. the lim-
itation set forth in Hughes-Ryan
would be expanded to cover agencies
of the executive branch other than.
CIA which may be used to carry out
covert actions. This has been the
policy within the executive branch for
several years, although Hughes-Ryan
itself only applies to CIA.
Second, the bill would eliminate
much of the ambiguity under current
law by specifying those congressional
oversight requirements which pertain
to intelligence activities -and those
which pertain -to covert, actions-
termed in the bill "special, activities."
Under current law, these requirements
are unclear.
Third, the bill would, for the first
time, provide explicit statutory au-
thority for the President to authorize
covert actions. or "special activities."
in support of U.S. foreign policy objec-
tives, provided they are authorized in
accordance with the requirements set
for-,,b in the bill. As I mentioned at the
outset. these requirements do not
entail new restrictions on covert ac-
tions, but are designed to improve the
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'C?NGRESS1MAL ?RBOWD "SENATE $12853
-ability of the,1nt+l CE Commfttees '*4b) The PrsgI deot>k> l aoue that my 111- written cord of the Preridrnt's ancision
to Carry out ter oversight of this Veil Intelligence actin or signlncant in- -sha11 be con made and shall
Vital area. tellisenoe failure is reported to the intent- be reduced to a written fludinf as soon as
Recent experience has demonstrated pence eommit'toes, as well as any corrective postifble but In no event more than forty-
that the current system has numerous action that has been taken or is planned In eight (48) hours after the decision is made:
flaws. This bill addresses them. It pro- connection with such )metal activity or in- (2) A finding may not authorize or aane-
telligence failure. lion special activities, or any aspect of such
vides for written authorization of (c) The President and the Intelligence SeUvftieb. which have already occurred:
covert actions and prohibits retroac- committees shall each establish such prose. (3) Each finding shall specify each and
tive authorizations. It requires the dures as may be necessary to cam' out the every department. agency. or entity of the
congressionri oversight committees to Provisions of this Lille. United States Government authorized to
be advised of all findings within 48 (di The Hogue of Representatives and the fund or otherwise participate in any way in,
hours of their being signed but per. Senate-, in consultation with the Director of such activities: provided that any employe..
Central Intelligence, shat) each establish. by contractor. or contract p
mats such notice to be limited to the rule or resolution of such House. procedures agent of a de art-
leadership of both Houses and the -to protect from unauthorized disclosure all ment. agency or entity other than, the Cen-
chairmen and dice chairmen of the In- classified information and all information. trai intelligence Agency directed to parLici-
telligence Committees where the Presi- relating to intelligence sources and methods pate in any way in a specie) activity shall be
subject either to the policies and regula
dent deems such limited notice essen- furnished to the intelligence
under commttectior lions of the Central Intelligence Agency, or
tiai to protect vital U.S. interests. It to Members of Congress nder this section. to written tten policies or regulatioms adopted by
provides that the Intelligence Commit- In accordance with such procedures. etch o suc,, such policies
arenr3, or entity, in con-
the intelligence committees shall promptly
tees be made aware of precisely who call to the attention of its r saltation with the Director of Central Intel
within Government and outside Gov- pectif e Rouse, ligence. to govern such paruclpatior..
or W any'appropnate committee or eornmit
er-nnnent wit' be used to carry out tees of its respective Rouse. an) matter re- (4) Each finding shat; specify, in accord-
eovert actions, and it puts to rest the lating to Intelligence activities requiring the arse with procedure. Lc be established pur-
notion that the President may author. attention of such House or such comrrittee suan: to subsection 50i(ct. any third past).
ize, under the rubric of covert actions. or committees. Including any foreign. countrl. which is not
the (e) Nothing in this Act shall be cons*rued an element of. contractor or contract agent
activities which would t~Olafe tStat- of. the United Staler Government. or is no:
uses of the United States. as authority to withhold fnfonmatior, from otherwise subject to US. Government s
the intelligence committees on the grounds po?i-
I hope this bill will receive serious that providing the information to the Intel- ties and regulations, who it is contemplated
consideration, both by my colleagues ligence committees would constitute the un- will be used to fund or otherwise participate
in the Senate and on the Intelligence authorized disclosure of classified informa. in any way in the special activity concerned;
Committee and by those outside Con- Lion or information relating to intelligence and
gress with an interest in this subject. sources and methods. (5) A finding may not authorize- any
It represents a balanced, comprehen- (f) As used in this section. the term "intel- action that would be Inconsistent witei or
five approach to congressional over- tigence activities" includes, but is not limit- contrary tO any statute of the United
ed to, "special activities," as defined in sub. States.
sight of intelligence activities, which,
section 503(e). below. (hi The President, the Director of Central
to my mind, would constitute a decid- sec arc REPORTIrrc 1c?reu.rci cw ACTI't-rrIE Intelligence and the heads of all depart-
ed improvement over the current OTHER THAN SPECIAL ACrTVJ7 ES. meats, agencie& and entities of the United
system. The Director of Central Intelligence and States Government authorized to fund or
In addition to the bill and a section. the heads of all departments- agencies. and otherwise participate in any achy in a special
by-section analysis, I am submitting other entities of the United States Govern- activity shall keep the intelligence commit-
the letter the President sent to the In- ment involved in Intelligence activities shall tees fully and currently informed of all spe-
telligence Committee which I referred keep the intelligence committees fully and cia) activities which are the responsibility
to earlier, and I ask. unanimous con- currently informed of all intelligence activi- of. are engaged in by, or are carried out for
sent that this material be printed in ties, other than special activities as defined or on bF half of, any department, agency, or
in subsection 503(e), below. which are the entity c the United States Gove-nment. In
the R coRD. responsibility of, are engaged in by, or are satisfyin f this obligation. the f_ teUigenoe
Tiiere being no objection, the mate- carried out for or or. behalf of, any depart- comrnitt ref shall be furnished an, informa-
ria.l was ordered to be printed in the went. agency, or entity of the Halted States ton or material concerning species. activities
RECORD, as follows: Government, including any significant an. which is in the possession. custody or cor:-
& 1721 ticipated intelligence activity: provided that trot of any department, agency, or entity of
Be it enacted by he Senate and House of
Represcntatti s of the United States of
America in Congress assembled, That this
Act may be cited as. the "Intelligence Over-
sight Act of 1987,"
Srcriag 1. Section, 652 of the Foreign As-
sistarsce Act of 1962 (22 U.I.C. 2422; is
hereby repealed
Sec. 2. Sensor. 501 of Title V of the Na-
trona? Se- inty Act of 194'+ (50 U.S.C. 413) is
av^_:enried by strikg the language contained
therein., and substituting the following new.
sections
such obligation shall be carried out with due the United States Government and which is
regard for the protection of classified infor requerated by either of the intelligence com-
mattor. relating to sensitive intelligence mittees in order to csrrg- out its authorized
source: and methods. In satisfying this obli- responsioilfties.
gation. the Director of Centra: Intelligence (c/ The President shall entire that any
and the heads of all departments and ager,- finding ):sued pursuant to subs. :ion (a;
cies and other entities of the United States above_ shall be reported to tae in elingence
Government in intelligence activities shat) committers as soon as possibit taut in no
furnish the intelligence committees a:.: 1r). event later than forty-eight (4E. hours a?te
formation or material concerning inteli- it has been signed- provided. however. tat::
genes- activities other than special activities iLl the Presioen: determines it is essentia_ u
whic is within their custodf or contrnl, and iimt: access to the finding u? meet ext-ao'
whicr- is reouestec b) eftner off the intelli- dusary circu_rnsts,rreer affecting vita, trter
genre committees in order to car'r'y out it, eat: of the United States. such fending mat
-SEC. 501. GENERAL PROVISIONS authorized responsibiliLie:., be reported to the cha.-me- arid ranki-tg
(H:' The F, esident shall ensure that the SEC_ sm. APPROVING A.NL REPORTING: SFEC'IAI AC- minority members of the ints-il;fence Core-
SElect Cornttiittet? on intelligence of the TIVITIES mitteeS. the Speaker arid M ncrr_y leader c;
Senate enc tae Perm a s-nt Select Commit- (a) Ti. President may su?horize the con. the house of Reooreser, xtl,es. and the m
Lee of tn-_ Rouse of Fenresentatives (here::- duct of "special activities.' GS defined herein. lo-it> and minor7t) leaders of LbE Senate li,
after in this Litre referred to as the "mtel):- belos, by departments, agencies or'en:itle, eiti)e= cane. a certified copy of the finding,
geric( co-m-,Ittee_7' ) are kept lulls and cur- of the United Static, Government when: Ise signs-a b) the President, shal] be provide-i to
re ntly inic:mec of the intelligence activities determines such activities are necessary to the- chatrraar, of each inteliigenc. comit
ci the United States as recuired by this support tea foreign policy obiecuves of the thee. R-nere access to a finding is limited tt.
title Sum activities shelf ordinaril) be con,- Unites States and are important to the ra- the Membern, of Congress identified herein,
ducted pursuant to consultations between, clonal security of the United States. which above. a statement of the reasons for lime.
the President. or his representatives, and. determination shalt be set forth in a finding inig such access shall also be proviaec.
the. irtielhgence committees, prior to the iso that shall meet each of the following eonld: (d' Tne President shall promptly notff;.
pieroentatior. c such activi test aitiiougr- Lion F. the intelligence Go_ m itte , o:, i! applt s.
nothing contained herein shah be construed (1) Each finding shall be in writing. unless sic the Members of Congress specified in
as requiring the approval of the intelligence immediate action by the United States is re- subsection (c). above., of any sienificart
committees u c condition, precedent In toe guir; d and time does not permit the Preps- change in any previously -approrea specie
intutuor of such act.nit es. ration: of a written finding. in whici, case a activi`;.
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 ..e"mu" 40 x
Ie1tR '~ Let eios to irlt~tss ; 4a ,;ritaoe~[eta
we rearoeieibie grounds to believe ` }r?>s : err at t sonoactf~t fa b tbs *is .dreis i&Uv d.4he AM@rs-
aetMts was a vil#Lra i of the t"betr It*xuon telibenOe aativiuss (other than ape" so- as ,President and an
VAWUea, ar ZKOM ve cruces Of the United Uwitiaa) wbith Is wttNa their e'ustt?dy or a psooes that proteeis Dec.
Btata The President should s btsit pro- coats. and whci As reQuested by eith er of ,teary .
esd urea for the reporting of ae ttritks Ow"- the dntr311tenoe eooim)Uees in . order to t!?f Presidential Ilnatittps
mined to be significant Intelligence fgttures. eLrrY out its authorized reesam)d Odes:
The cwrem Provision requires the report- This requirement I. subject to the provision
tug of an Legal activity or significant fail- !for protection of senslUve lnteltisenoe
we "in a timely fashion." This language is source and methods, discussed below.
deleted because of Its ambiguity. The intent protection elf Senatt?ve Sources cad Methods
is that the committees should be notified -"Tbe obligation to keep the linelligmoe
immediately whenever a determination is committees fully and currently Informed
made under procedures established by the under this section is to be carried out with
President in conaultaion with the Intelb, due regard for the protection of classified
genoe
difference from existing law is -information relating to sensitive intelligence
Anot
sourres her methods. This provision the requirement to report illegal mobil- tar to the second pr eambula clause t t in tim the
e
ties or significant failures would not be sub- tar t
current subsection 601(x) which Imposer
feet to the Dresambular clauses In the Cur- duties "to the extent consistent with due
rent subsection bol(s) which could be inter- regard for the protection from unauthorized
preted as qualifying the statutory obligation disclosure of classified Information ,rid in-
to inform the intelligence coatraltsees formation relating to Intelligence sources
IN-(f/ other Genernt Prvvvisior c and methods." The proposes new. language
Subsections tct through (e) would retain more aaurately reflects and is intended to
p ovtsiot of existing lam. Subsection (c, is have the same meaning as thf- legislative
identica; to the current subsection 50l(e) history of the simiisr pica nbuia cause in
that authorizes the President and the Intel- existing law.
ligence committees to establish procedures The first preambular clause In the current
to earn, out their oversight obligations. subsection 50i(a) would be deleted. It fm-
Subsection (d) is the same as the current poses obligations "Ct)o the extent consistent
subsection b0l(d) that requires the House with all applicable authorities and duties,
and Senate to establish procedures to pro- including those conferred upon the execu-
tect the secrecy of Information. furnished tive and legislative branches of the Oovern-
under this title and to ensure that each ment." This clause creates unnecessary am-
House and Its appropriate committees are biguity in the lave. because It. has been inter-
advised promptly of relevant information. pret.ed by some as Congressional acknowl-
Subsection (e) repeats the current subset- edgement of an undefined constitutional au-
tion bOlte) which makes clear that Informs- thority of the Executive branch to disregard
tion may not be withheld from the intelli- the statutory obligations. Recent experience
Bence committees under this Act on the Indicates that legislation qualifying its
that providing the information to tterms by reference to the President's consti-
grounds the intelligence committees would be unau- the e will will) of authorities may leave doubt as to
thorlsed disclosure of classified information Congress and thus incite evasion.
or information relating to intelligence legitimate Executive branch concerns are
sources and methods. adequately met by, the provision for due
Subsection (f) states that the term "intel- regard for protection of sensitive #ntelli-
ligence activities," as used in this section, in- Bence sources and methods, discussed above
eludes, but is not limited to. "special activi- SECTION 603. APPROVING Air" RXPORTING
ties," as defined in subsection 503(e). di- aPaCLAL actrvrrUs
cussed below. Special activities (or covert action.:) raise
EscTIOIr 603. RitPORTTWc INTELLIGENCE fundamentally different policy issuts from
ACfTVITITS ozxro( TTIAF SPECIAL AtTIPITIi other US. intelligence activities tecause
The new section 502 is intended to be sub they are an instrument of foreign policy.
Indeed, the same as the current require- , constitutional authorities draw a
same s the l) and (2) uvso- distinction between Congressional power to
ments of subsections s
restric
far as they apply to intelligence: activities t the gathering of information. which
may impair the President's ability to use
oche- thec special activities. This distinc- diplomatic. miilitart, and intelligence organi-
tior twt a special activities and other in- zatiorts as his "eyes and ears." and Congres-
tel)igence activities L discussed more folly sional power to regulate covert acting: that
with respect to section: 50's, below. goes beyond informatior: gathering. Trtere is
Fully and Currcntilr Informed little suppon for the view that such rpecia:
Section 502 would require the DLrecto- of activities are are exclusive Presidenta& fun-
Cent:-all lntelhgence (DCi) and the head: of tior.. Congress rise the constitutions; power
all departments, agencies and other entitle: to refuse to appropriate funds to cam out
W the United States involved in intelligence special activities and may Impose conditions
activities to keep the intehligence cornmitiees on the use of any funds appropriated for
fumy and, currently informed of all intei:;- such purposes.
genre activities. other than special activities Under current law, howeven the Congres-
as defined it subsection 503(e: wh)ci, are sionsi marinate is ambiguous. confu:.in? and
the resp3_ns6o'_lit} of, are engaged it b>. or incomplete. There is no express statuorr>
are earned out for or on be_na' of aP> or- authorization for sp`'cial aCtuv Liee' the re-
par:,iner.'. ages:->, or emit> of vhf fvtnitec Quirement for Presidential approval of spe-
Stat.e-. including any significant anticipated cis) activities applies only to the CIA and
intelligence activity. Tire special procedure Presidential approval procedures gee not
for prier notice to eight leader, ire the cur- specified. There is a question whether Cori-
rent clause (B! of n*-rag-aph SO)ta)(I i would g--& has intended that the Pres)aen: have
be Oeleted, since it was intended it- app>> to authority to conduct special activities which
special activities, to be governed by section are inconsistent with or contra-y to other
502. discussed d roeicv - statutes. The statuto-} recuirernent for T,-
Section 502 also would provide that. in forming the intelligence coirmJttee' a: soe-
satiss yir&g the obligation, to keep the corn- Cia) ar:.`vities are subject t:. Lra~sinter7re=ta
m:trees fully and currently informed UV t nor_. and the scope of activities= covered b,
DCI and the beads of s-1_ departments and Inc- law is undefined. Thu bit. seehs to
agencies and other entities of Lne United remedy these deficiencies so that cover, W.
thority for the President to authorize the
conduct of special activities by departmentc
agencies or entities of the United States
to the national security of the United
States. This determination must be set
funds for any special activity unless and
until such a presidential Finding has been
ties -are necessary to support the foreign
United States and time does not permit the
preparation of a written Finding, in which
case a written record of the President's deci-
sion would have to be contemporaneously
made and reduced to a written Finding as
48 hours after the decision is made. This re-
quirement should prevent a President's sub-
cial activities. or any aspects of such a^ti~
ties. which have ai-eao> occurred. This i
otnerwnse participate ire any way in the so-
cirt> activities author iZed in the Finding.
This requirement is consistent with section:
).8(e' of Executive Order 12333, which states
President determines that ariot_ner agezrv L'--.
more likely Lo achieve a particular obje:-
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e
L 'r _.."."WL~~-~I~I~;t7 +n..iV
-19 Ua
W~~q y?}~, _ l Thu y;~l`y
ag gy RIC z asxmst tY >t!!C~ Sie'1' w1fl beit ! }W4ai/a-ft rf. Wft a stroftrer i~fi
of 1947. In the ensuing C ap t? ? s~itha? e' d 't'i$'Pn more produettee ones
has enacted "other , in this 'molten he :Wt iO Iced it, our . .3[=C3WSE] W. President,
at ea, incluclfng most rece3UyA'he Por- Jequirft that a Presidential Bn 'be :events of Teoent months have highh-
eign Intelligence Surveillance Act of In writing. and that a copy of each kited the importance of congression-
1978, the Intelligence Oversight Act of finding must be transmitted to the In- a1 oversight of intelligence activities.
1980, and the Intelligence Identities telheence Committees within 48 hours The oversight function, performed by
Protection Act of 1982. Each of these after it is signed. Retroactive findings the two Select Intelligence Commit-
Pieces of legislation responded to a re- such as were used in Lae Iran arms tees-one in the House and one in the
th
e bhibi
owes woulde p_oted. Senate-is the means b} which this de-
Lune, ranging from the need to In outer sections, i.nis legislation mocracy reconciles the peoples right
strengthen our counterintelligence ca- would spell out for the first time the to itaow with the intelligence agencies
pabilities in the first instance to a life- statutory power of the President to need for secrecy.
and-death situation where CIA agents' authorize covert actions. It also pro- Under existing law the intelligence
identities were being publicly revealed "vides that no finding which authorizes agencies are obliged to keep the two
in the past. The legislation we are in- a coven action can operate contrary to
troducing today, too, grows out of our statute and that no Rinds can be used communities currently informed of
own recent experience. for a covert, action unless there is a significant intelligence activities, in-
One of the lessons that we learned finding. Taken together, it seems to ciuding covert action. However, arnbi-
during the investigation of the Iranian me that these reouirementF represent guities inherent in existing statutes
arias sales and diversion of profits to a reasonable approach to the problem were dramatically highlighted during
the Contras is that current oversight of regaining control over covert ac- the recently concluaed congressional
statutes, particularly in the area of tions, while at mite same time not in investigation of the Lrai-Contra affair.
covert action reporting. are simply not any way harming or endangering our It is important that these ambiguities
specific enough. inaeed, it had become Nation's ability to conduct such oper- are eliminated so that the ground
obvious during the preliminary investi- ations. rules are clearly unoerst-ood in both
iea.oer-s of the Senate and the Spent er
and minority leader of the House. No-
tificazion of these eight indi*t-iduals
-ouir insure gist we dc, nC: na .. an.-
otne' Situation where: our Country is
gation conducted by the Select Com-
mittee on Intelligence late last year
that there were gaps and loopholes in
our oversight laws and that there were
some individuals within the executive
branch who exploited these loopholes
as a means of avoiding congressional
notification of a cove: , operation.
To be specific, there is currently a
statutory requirement that the over-
sight committees of Congress be noti-
fied in advance of covert actions. or
must be notified "in a timely fashion"
after the fact. This loophole of
"timely fashion" was broad enough to
allow the administration not to report
the Iranian arms sales for some 18
months. I doubt they would have re-
ported the -2 even then. except that a
small new.-,caper in the Middle East
broke the ;dory in November of last
year-
The legislation that we are introduc.-
in? today closes that loophole by re-
quiring that the President provide
written notification to the Oversight
Comrr_iI Lees, Of the Congress within for
4E hour alter he has authorized a
Covert action. If he believes that the
action is to, sensitive to reveal to the
entire mem>ersnip of the Intelligence
Committees he would be authorized
LO imiii nou,ficatlon to the chairmen
anc rank ins members of those com-
mittee:.. the majority and minorlt3
By Mr. INOUYE for himself,
Mr. EVANS, Mr. $?RL. Mr.
CaANSTOrk, Mr. SIMPso.N; Mr.
DaCoNCINa, Mr. Buanrcr M_-.
D,,sc n,r, Mr- MtraBowsr:3, Yr.
MCCAIJ . Mr. BInGAM.u,., Mr.
Bosch -ii[ Mr. Co,_h-aj , Mr.
Coxprr' Yr. Dntri irI, M_
Goi,E Mr. Cis,_',MX MI - L E Th.
Mr. MATSIIhAGA Mr. _P'x,i,. Y-7.
P,EIL. Mr. RIao 1117.
Rocs. .
MF-. Mir. S:AS-
Poi- hf-. S:_x_GFL: v-. Srsr'r
Ac:. W rr , M BO , and
Mr. M FTC:
cations F-ithc,ui not'_tying Lne Congress Lion today, 1. am not aiming it at i.n~ S. 1722. A Dii_D to authorize the esta' -
that such was about to be done, men and women Of the in"teliigence lisnmen of the N'ations' R! use- . of
Unlike present iav which does no: community. 1 am not Criticizing Lrs?rr. the American Indian Beye PouriOa-
require Presidential approval ro' for the job they do fcr it each and t-ton Wiihir: the Smn_risonSa-n ms-,'nti-
cover, activities conducted by agencies ever} da-. No. I art no, introducing tiOn, and to establish a rnemorial to
Other than the CL^_, this legislation this leguia_lon as S way of strengthen- the American Lathan. art.: for other
spells out for the firs: time trim the trig the oi'ersiZnt process, coritiniuin? purpose-: by unal"iimouc Cor~.ent re-
p"esioeri: mus: personally appro t the pant-:= of the past 40 years. and (erred jointly to the Cormittee on
ea; i; Coven action or "special activi- makin? Our Nation`,-- partnership be- Rules and AdministrS.ior; and the
Ly." as they are sometimes called. So tweet the legislative and executive Select Committee on. Ind.isn Affairs.
Mr. President, I would like to close the Executive and the Congress and
this statement on a more personal the temptation to loot; for loopholes is
note. I have been a member of the reduced.
Select Committee on Intelligence for As an outgrowth of painstaking ne-
almost 7 years now. In time of service gotiations on these issues between the
on the committee I am the senior staffs of the Senate Intelligence Corn-.
member on the Democratic side. minify and the National Security
During these years it has been my Council, the committee sent a letter
privilege to have had weekly, and to the President's National Security
sometimes almost daily, contact with Adviser. The legislation closely follows
the men aria women of our Nations the provisions contained in that letter.
intelligence services. The wore: that This bill does not impose new and
they do for our country is absolutely more onerous burdens upon the intel-
invaiuable, and many of them routine- hgence agencies. Rather, it clarifies
ly put their lives on the line with little and rationalizes existing iaii. For ex-
or no public recognition. ample, this bill will, for the. first time.
Indeed, when public recognition does explicitly empower the esident to
occur, it can sometimes mean death, as authorize covert actions and establish
in the case . of William Buckley who a Presidential "finding" as the author-
was CIA station chief in Beirut. Buck- izing document.
ley was taken hostage, tortured. and I am pleased to join with my distin-
killed because of wrist he was doing
for his country --our colleague from Maine, the vice-
are country. There
are similar roar: arc roomer. all over caai-an of the Senate Select Com-
the world doing their jobs in silence MIL-tee on Intelligence, in cosponsoring
mhts iegisiation.
and without public
rat
Ir ta
p
e'
e
. lobby of the CIA heaoouarters build-
ing in Langley. VA. there are rows of
gold stars carved into ire wail. Each of
those stars reoresenis a Cis. employee
who was killed serving his countr v . BE-
neair_ the stay's is a display case in
which has beer.. placed an open. boob.
There are names in the book repro
sen-ung most Of the stars o_r Lne waL
but there are bland: Lines as well for
some of these CLA employees still
cannot De publicly idenitfied, even
years later
Nr. President. I. end witn these sen
e_nnbaraecl on a course of action. wits. Liment.s becaiiSe I wa_r,: LO mat z' it
pate dial y g-Eve foreign policy imply- clear that in soonsOrl?ig this ie?isi
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ROUTING AND REC?o) SHEET
SUBJECT: (Optional)
Talking Points for Your Meeting with Senators Boren and Cohen on 30 September
FROM: EXTENSION NO.
~( OCA 87-5046
David D. Gries 17 DATE
STA
Director of Congressional Affairs 2 B S EP 19&
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
1.
Executive Registry
3.
Executive Director
4.
5. Deputy Director of
Central Intelligence
6.
7.
Director of
Central Intelligence
8.
9. Return to Director of
Congressional Affairs
10.
11.
12.
13.
14.
15.
T
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