S.1721

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100TH CONGRESS S
I sT SESSION
.1721
To improve the congressional oversight of certain intelligence activities, and to
strengthen the process by which such activities are approved within the
executive branch, and for other purposes.
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 25, 1987
Mr. COHEN (for himself, Mr. BOREN, Mr. INOITFE, Mr. MITCHELL, Mr. BENT-
SEN, Mr. DECONCINI, Mr. MITRBOwsiu, and Mr. RUDMAN) introduced the
following bill; which was read twice and referred to the Select Committee on
Intelligence
A BILL
To improve the congressional oversight of certain intelligence
activities, and to strengthen the process by which such
activities are approved within the executive branch, and for
other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "Intelligence Oversight
4 Act of 1987".
5 SECTION 1. Section 662 of the Foreign Assistance Act
6 of 1961 (22 U.S.C. 2422) is hereby repealed.
*(Star Print)
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1 SEC. 2. Section 501 of title V of the National Security
2 Act of 1947 (50 U.S.C. 413) is amended by striking the lan-
3 guage contained therein, and substituting the following new
4 sections:
5 "GENERAL PROVISIONS
6 "SEC. 501. (a) The President shall ensure that the
7 Select Committee on Intelligence of the Senate and the Per-
8 manent Select Committee of the House of Representatives
9 (hereinafter in this title referred to as the `intelligence com-
10 mittees') are kept fully and currently informed of the intelli-
11 gence activities of the United States as required by this title.
12 Such activities shall ordinarily be conducted pursuant to con-
13 sultations between the President, or his representatives, and
14 the intelligence committees, prior to the implementation of
15 such activities: Provided, however, That nothing contained
16 herein shall be construed as requiring the approval of the
17 intelligence committees as a condition precedent to the initi-
18 ation of such activities: And provided further, however, That
19 nothing contained herein shall be construed as a limitation on
20 the power of the President to initiate such activities in a
21 manner consistent with his powers conferred by the Constitu-
22 tion.
23 "(b) The President shall ensure that any illegal intelli-
24 gence activity or significant intelligence failure is reported to
25 the intelligence committees, as well as any corrective action
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1 that has been taken or is planned in connection with such
2 illegal activity or intelligence failure.
3 "(c) The President. and the intelligence committees shall
4 each establish such procedures as may be necessary to carry
5 out the provisions of this title.
6 "(d) The House of Representatives and the Senate, in
7 consultation with the Director of Central Intelligence, shall
8 each establish, by rule- or resolution of such House, proce-
9 dures to protect from unauthorized disclosure all classified
10 information and all information relating to intelligence
11 sources and methods furnished to the intelligence committees
12 or to Members of Congress under this section. In accordance
13 with such procedures, each of the intelligence committees
14 shall promptly call to the attention of its respective House, or
15 to any appropriate committee or committees of its respective
16 House, any matter relating to intelligence activities requiring
17 the attention of such House or such committee or com-
18 mittees.
19 "(e) Nothing in this Act shall be construed as authority
20 to withhold information from the intelligence committees on
21 the grounds that providing the information to the intelligence
22 committees would constitute the unauthorized disclosure of
23 classified information or information relating to intelligence
24 sources and methods.
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1 "(f) As used in this section, the term `intelligence activi-
2 ties' includes, but is not limited to, `special activities,' as de-
3 fined in subsection 503(e), below.
4 "REPORTING INTELLIGENCE ACTIVITIES OTHER THAN
5 SPECIAL ACTIVITIES
6 "SEC. 502. The Director of Central Intelligence and the
7 heads of all departments, agencies, and other entities of the
8 United States Government involved in intelligence activities
9 shall keep the intelligence committees fully and currently in-
10 formed. of all intelligence activities, other than special activi-
11 ties as defined in subsection 503(e), below, which are the
12 responsibility of, are engaged in by, or are carried out for or
13 on behalf of, any department, agency, or entity of the United
14 States Government, including any significant anticipated in-
15 teffigence activity: Provided, That such obligation shall be
16 carried out with due regard for the protection of classified
17 information relating to sensitive intelligence sources and
18 methods. In satisfying this obligation, the Director of Central
19 Intelligence and the heads of all departments and agencies
20 and other entities of the United States Government involved
21 in intelligence activities shall furnish the intelligence commit-
22 tees any information or material concerning intelligence ac-
23 tivities other than special activities which is within their cus-
24 tody or control, and which is requested by either of the intel-
25 ligence committees in order to carry out. its authorized
26 responsibilities.
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1 "APPROVING AND REPORTING SPECIAL ACTIVITIES
"SEC. 503. (a) The President may authorize the con-
duct of `special activities,' as defined herein below, by depart-
ments, agencies, or entities of the United States Government
when he determines such activities are necessary to support
the foreign policy objectives of the United States and are
important to the national security of the United States, which
x..
determination shall be set forth in finding that shall meet
each of the following conditions:
"(1) Each finding shall be in writing, unless im-
mediate action by the United States is required and
time does not permit the preparation of a written find-
ing, in which case a written record of the President's
decision shall be contemporaneously made and shall be
reduced to a written finding as soon as possible but in
no event more than forty-eight hours after the decision
is made;
"(2) A finding may not authorize or sanction spe-
cial activities, or any aspect of such activities, which
have already occurred;
"(3) Each finding shall specify each and every de-
partment, agency, or entity of the United States Gov-
ernment authorized to fund or otherwise participate in
any way in such activities: Provided, That any employ-
ee, contractor, or contract agent of a department,
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1 agency, or entity other than the Central Intelligence
2 Agency directed to participate in any way in a special
3 activity shall be subject either to the policies and regu-
4 lations of the Central Intelligence Agency, or to writ-
5 ten policies or regulations adopted by such department,
6 agency or entity, in consultation with the Director of
7 Central Intelligence, to govern such participation;
8 "(4) Each finding shall specify, in accordance with
9 procedures to be established pursuant to subsection
10 501(c), any third party, including any foreign country,
11 which is not an element of, contractor or contract
12 agent of, the United States Government, or is not oth-
13 erwise subject to United States Government policies
14 and regulations, who it is contemplated will be used to
15 fund or otherwise participate in any way in the special
16 activity concerned; and
17 "(5) A finding may not authorize any action that
18 would be inconsistent with or contrary to any statute
of the United States.
"(b) The President, the Director of Central Intelligence
and the heads of all departments, agencies, and entities of the
United States Government authorized to fund or otherwise
participate in any way in a special activity shall keep the
intelligence committees fully and currently informed of all
special activities which are the responsibility of, are engaged
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1 in by, or are carried out for or on behalf of, any department,
2 agency, or entity of the United States Government. In satis-
3 fying this obligation, the intelligence committees shall be fur-
4 nished any information or material concerning special activi-
5 ties which is in the possession, custody or control of any de-
6 partment, agency, or entity of the United States Government
7 and which is requested by either of the intelligence commit-
8 tees in order to carry out its authorized responsibilities.
9 "(c) The President shall ensure that any finding issued
10 pursuant to subsection (a), above, shall be reported to the
11 intelligence committees as soon as possible, but in no event
12 later than forty-eight hours after it has been signed; provided,
13 however, that if the President determines it is essential to
14 limit access to the finding to meet extraordinary circum-
15 stances affecting vital interests of the United States, such
16 finding may be reported to the chairmen and ranking minori-
17 ty members of the intelligence committees, the Speaker and
18 minority leader of the House of Representatives, and the ma-
19 jority and minority leaders of the Senate. In either case, a
20 certified copy of the finding, signed by the President, shall be
21 provided to the chairman of each intelligence committee.
22 Where access to a finding is limited to the Members of Con-
23 gress identified herein above, a statement of the reasons for
24 limiting such access shall also be provided.
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1 "(d) The President shall promptly notify the intelligence
2 committees, or, if applicable, the Members of Congress speci-
3 fied in subsection (c), above, of any significant change in any
4 previously-approved special activity.
5 "(e) As used in this section, the term `special activity'
6 means any activity conducted in support of national foreign
7 policy objectives abroad which is planned and executed so
8 that the role of the United States Government is not appar-
9 ent or acknowledged publicly, and functions in support of
10 such activity, but which is not intended to influence United
11 States political processes, public opinion, policies or media,
12 and does not include activities to collect necessary intelli-
13 Bence, military operations conducted by the armed forces of
14 the United States and subject to the War Powers Resolution
15 (50 U.S.C. 1541-1548), diplomatic activities carried out by
16 the Department of State or persons otherwise acting pursu-
17 ant to the authority of the President, or activities of the De-
18 partment of Justice or Federal law enforcement agencies
19 solely to provide assistance to the law enforcement authori-
20 ties of foreign governments.".
21 SEC. 3. Section 502 of title V of the National Security
22 Act of 1947 (50 U.S.C. 414) is redesignated as section 504
23 of such Act, and is amended by adding the following new
24 subsection (d):
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1 "(d) No funds appropriated for, or otherwise available
2 to, any department, agency, or entity of the United States
3 Government, may be expended, or may be directed to be ex-
4 pended, for any special activity, as defined in subsection
5 503(e), above, unless and until a Presidential finding required
6 by subsection 503(a), above, has been signed or otherwise
7 issued in accordance with that subsection.".
8 SEC. 4. Section 503 of title V of the National Security
9 Act of 1947 (50 U.S.C. 415) is redesignated as section 505
10 of such Act.
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September U5. 1987 . CONGRESSIONAL RECORD - SENATE
reporting to the intelligence committees
when a determination is made that there
are reasonable grounds to believe that the
activity was a violation of the Constitution,
statutes, or Executive orders of the United
States. The President should establish pro-
cedures for the reporting of activities deter-
mined to be significant intelligence failures.
The current provision requires the report-
ing of an illegal activity or significant fail-
ure "in a timely fashion." This language is
deleted because of its ambiguity. The intent
is that the committees should be notified
immediately whenever a determination is
made under procedures established by the
President in consultation with the intelli-
gence committees.
Another difference from existing law is
that the requirement to report illegal activi-
ties or significant failures would not be sub-
ject to the preambular clauses in the cur-
rent subsection 501(a) which could be inter-
preted as qualifying the statutory obligation
to inform the intelligence committees.
(el-UI Other General Provisions
Subsections (c) through (e) would retain
provisions of existing law. Subsection (c) is
identical to the current subsection 501(c)
that authorizes the President and the intel-
ligence committees to establish procedures
to carry out their oversight obligations.
Subsection (d) is the same as the current
subsection 501(d) that requires the House
and Senate to establish procedures to pro-
tect the secrecy of information furnished
under this title and to ensure that each
House and its appropriate committees are
advised promptly of relevant information.
Subsection (e) repeats the current subsec-
tion 501(e) which makes clear that informa-
tion may not be withheld from the intelli-
gence committees under this Act on the
grounds that providing the information to
the intelligence committees would be unau-
thorized disclosure of classified information
or information relating to intelligence
sources and methods.
Subsection (f) states that the term "intel-
ligence activities," as used in this section, in-
cludes, but is not limited to, "special activi-
ties," as defined in subsection 503(e), dis-
cussed below.
SECTION 503. REPORTING INTELLIGENCE
ACTIVITIES OTHER THAN SPECIAL ACTIVITIES
The new section 502 is intended to be sub-
stantially the Same as the current require-
ments of subsections 502(a)(1) and (2) inso-
far as they apply to intelligence activities
other than special activities. This distinc-
tion between special activities and other in-
telligence activities is discussed more fully
with respect to section 503, below.
Fully and Currently Informed
Section 502 would require the Director of
Central Intelligence (DCI) and the heads of
all departments, agencies and other entities
of the United States involved in intelligence
activities to keep the intelligence committees
fully and currently informed of all intelli-
gence activities, other than special activities
as defined in subsection 503(e), which are
the responsibility of, are engaged in by, or
are carried out for or on behalf of any de-
partment, agency, or entity of the United
States, including any significant anticipated
intelligence activity. The special procedure
for prior notice to eight leaders in the cur-
rent clause (B) of paragraph 501(a)(1) would
be deleted, since it was intended to apply to
special activities, to be governed by section
503, discussed below.
Section 502 also would provide that, in
satisfying the obligation to keep the com-
mittees fully and currently informed, the
DCI and the heads of all departments and
agencies and other entities of the United
states involved in intelligence activities
shall furnish the Intelligence committees
any Information or material concerning in-
telligence activities (other than special ae-
Uvtties) which is within their custody or
control, and which is requested by either of
the intelligence committees in order to
carry out its authorized responsibilities.
This requirement is subject to the provision
for protection of sensitive intelligence
source and methods. discussed below.
Protection of Sensitive Sources and Methods
- The obligation to keep the intelligence
committees fully and currently informed
under this section is to be carried out with
due regard for the protection of classified
information relating to sensitive intelligence
sources and methods. This provision is simi-
lar to the second preambular clause in the
current subsection 501(a) which Imposes
duties "to the extent consistent with due
regard for the protection from unauthorized
disclosure of classified information w nd In-
formation relating to intelligence sources
and methods." The proposed new language
more accurately reflects and is intended to
have the same meaning as the legislative
history of the similar preambular clause in
existing law.
The first presmbular clause in the current
subsection 501(a) would be deleted. It im-
poses obligations "Itlo the extent consistent
with all applicable authorities and duties,
including those conferred upon the execu-
tive and legislative branches of the Govern-
ment." This clause creates unnecessary am-
biguity in the law, because it has been inter-
preted by some as Congressional acknowl-
edgement of an undefined constitutional au-
thority of the Executive branch to disregard
the statutory obligations. Recent experience
indicates that legislation qualifying its
terms by reference to the President's consti-
tutional authorities may leave doubt as to
the will of Congress and thus invite evasion.
Legitimate Executive branch concerns are
adequately met by the provision for due
regard for protection of sensitive intelli-
gence sources and methods, discussed above
SECTION 503. APPROVING AND REPORTING
SPECIAL ACTIVITIES
Special activities (or covert actions) raise
fundamentally different policy issues from
other U.S. intelligence activities because
they are an instrument of foreign policy.
Indeed, constitutional authorities draw a
distinction between Congressional power to
restrict the gathering of information, which
may impair the President's ability to use
diplomatic, military, and intelligence organi-
zations as his "eyes and ears," and Congres-
sional power to regulate covert action that
goes beyond information gathering. There is
little support for the view that such special
activities are an exclusive Presidential func-
tion. Congress has the constitutional power
to refuse to appropriate funds to carry out
special activities and may impose conditions
on the use of any funds appropriated for
such purposes.
Under current law, however, the Congres-
sional mandate is ambiguous, confusing and
incomplete. There is no express statutory
authorization for special activities; the re-
quirement for Presidential approval of spe-
cial activities applies only to the CIA: and
Presidential approval procedures are not
specified. There is a question whether Con-
gress has intended that the President have
authority to conduct special activities which
are inconsistent with or contrary to other
statutes. The statutory requirements for in-
forming the intelligence committees of spe-
cial activities are subject to misinterpreta-
tion, and the scope of activities covered by
the law is undefined. This bill seeks to
remedy these deficiencies so that covert ac-
S12855
Lions are conducted with proper authorisa-
tion in the national interest as determined
by the elected representatives of the Ameri-
can people-the President and the Con-
gress-through a process that protects nec-
essary secrecy.
(a) Presidential Findings
Subsection (a) would provide statutory au-
thority for the President to authorize the
conduct of special activities by departments,
agencies or entities of the United States
when he determines such activities are nec-
essary to support the foreign policy objec-
tives of the United States and are important
to the national security of the United
States. This determination must be set
forth in a "Finding" that meets certain con-
ditions. The importance of this requirement
is underscored by Section 3 of the bill, dis-
cussed later, which prohibits expenditure of
funds for any special activity unless and
until such a presidential Finding has been
Issued.
The current Presidential approval provi-
sion in the Hughes-Ryan Amendment (22
USC 2422) requires a finding by the Presi-
dent "that each such operation is important
to the national security of the United
States." The proposed new subsection
503(a) would require the President to make
an additional determination that the activi-
ties "are necessary to support the foreign
policy objectives of the United States." This
conforms the statute to the Executive
branch definition of "special activities" In
section 3.4(h) of Executive Order 12333
which refers to "activities conducted in sup-
port of national foreign policy objectives
abroad." The President should determine
not only that the operation is important to
national security, but also that it is consist-
ent with and in furtherance of established
US. foreign policy objectives.
In addition to reflecting these presidential
determinations. Findings must meet five
conditions. First, paragraph 503(a)(1) would
require that each Finding be in writing,
unless immediate action is required of the
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
soon as possible but in no event more than
48 hours after the decision is made. This re-
quirement should prevent a President's sub-
ordinate from later claiming to have re-
ceived oral authorization without further
substantiation than the subordinate's un-
documented assertion. It is also consistent
with the President's current policy of re-
quiring written Findings.
Second, paragraph 503(a)(2) would restate
emphatically the current legal ban on retro-
active Findings. It would provide that a
Finding may not authorize or sanction spe-
cial activities, or any aspects of such activi-
ties, which have already occurred. This is
also consistent with the President's current
policy.
Third. paragraph 503(a)(3) would require
that each Finding specify each and every
department, agency, or entity of the United
States Government authorized to fund or
otherwise participate in any way in the spe-
cial activities authorized in the Finding.
This requirement is consistent with section
1.8(e) of Executive Order 12333 which states
that no agency except the CIA in peacetime
may conduct any special activity "unless the
President determines that another agency is
more likely to achieve a particular objec-
tive."
Fourth, paragraph 503(a)(4) would require
that each Finding specify, in accordance
with procedures to be established, any third
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. Spteniber S5,1987 CONGRESSIONALRECORD - SENATE
tivitles carried out by the Department of
State or persons otherwise acting pursuant
to the authority of the President. or activi-
ties of the Department of Justice or federal
haw enforcement agencies solely to provide
assistance Io the law enforcement authori-
ties of foreign governments. An explanation
of each of these exclusions follows.
The exclusion of U.S. activities to collect
necessary intelligence is intended to cover
all activities of the United States Govern-
ment undertaken for the purpose of obtain-
ing Intelligence necessary for the national
security of the United States. While such
activities clearly require oversight by the
Congress, they are excluded from the defini-
tion of "special activities", inasmuch as they
are subject to separate authorization and
oversight, and often do not require specific
approval by the President. This exclusion
reiterates the longstanding policy contained
in the Hughes-Ryan amendment (24 U.S.C.
2422) (1974) and in subsequent Executive
orders.
The exclusion of military operations con-
ducted by the armed forces of the United
States and subject to the War Powers Reso-
lution (50 U.S.C. 1541-1548) is new, appear-
Ing in neither statute or Executive order
heretofore. The purpose of this exclusion Is
to clarify a problem of interpretation
namely, when is a military operation under-
taken by the United States reportable as a
"special activity" or covert action? The defi-
nition sets forth a clear dividing line: if the
military operation concerned is carried out
covertly by U.S. military forces and it is not
required to be reported to the Congress
under the War Powers Resolution, then it is
a "special activity" which is reportable to
the intelligence committees under this stat-
ute. The exclusion would not apply to
covert assistance given by the United States
to the military forces, or to support the
military operations, of a third party. either
governmental or to private entities.
The third area excluded from the defini-
tion of special activities is diplomatic activi-
ties carried out by the Department of State
or persons otherwise acting pursuant to the
authority of the President. This represents
a modification of the comparable exclusion
in Executive order 12333. Although most
diplomatic activities of the United States
are publicly acknowledged, It is recognized
that there are many diplomatic contacts
and deliberations which are necessarily
secret. The definition of special activities
excludes these activities so long as they are
undertaken by the Department of State. or
by persons-either government officials or
private citizens--who are acting pursuant to
the authority of the President. It would not
exclude diplomatic activities which are car-
ried out by persons who are not employees
of the Department of State-either govern-
mental or private-whose authority to carry
out such activities on behalf of the United
States is not already established by law or
Executive branch policy.
The fourth and final area excluded from
the definition of special activities are activi-
ties of the Department of Justice or federal
law enforcement agencies solely to provide
assistance to law enforcement authorities of
foreign governments. This exclusion is also
new, reflected neither in law nor Executive
order heretofore. Its incorporation here is
Intended to clarify a problem of interpreta-
tion which has existed under the current
framework, namely, do law enforcement ac-
tivities undertaken covertly by U.S. Govern-
ment agencies outside the United States
qualify as special activities? The formula-
tion contained in the proposed definition
would exclude assistance provided covertly
to third countries by U.S. law enforcement
agencies. It would not exclude law enforce-
meat activities actually earned out covertly
and unilaterally by such agencies outside
the United States. It would also not exclude
either assistance to law enforcement agen-
cies of third countries. or carrying out law
enforcement activities outside the United
States, by elements of the U.B. Government
which do not have law-enforcement func-
tions.
5DL?IOx 3. I.UYITATION Orr Un or FUNDS FOa
SPECIAL ACTSVITSU
Section 3 of the bill redesignates section
502 of the National Security Act of 1947,
which concerns the funding of intelligence
activities, as section 504 of the Act and adds
a new subsection (d) which deals with the
use of funds for special activities.
This provision is intended to carry for-
ward and expand the limitation currently
contained in 22 U.S.C. 2422 (the Hughes-
Ryan Amendment), which would be re-
pealed by Section 1 of the bill. The Hughes-
Ryan amendment restricts the use of funds
appropriated to CIA to carry out actions
outside the United States "other than the
collection of necessary intelligence". unless
and until the President had determined that
such actions were important to the national
security.
Section 504(d) would similarly provide
that appropriated funds could not be ex-
pended for special activities until the Presi-
dent had signed, or otherwise approved, a
Finding authorizing such activities, but It
would expand this limitation to cover the
funds appropriated for any department.
agency, or entity of the Government, not
solely CIA. It would also cover non-appro-
priated funds which are available to such
elements from any source, over which the
agency involved exercises control. These
might Include funds offered or provided by
third parties, funds produced as a result of
intelligence activities (i.e. proprietaries), or
funds originally appropriated for an agency
other than the agency who wishes to
expend the funds. The limitation contained
in section 504(d) would also apply whether
or not the agency concerned actually came
into possession of the funds at issue. So long
as the agency concerned had the ability to
direct such funds be expended by third par-
ties-governmental or private-it could not
do so until a presidential Finding had been
signed, or otherwise approved, in accordance
with the requirements of section 503(a).
SECTION 4. REDESIGNATION OF SECTION $03 OF
NAT' ZONAL SECURITY ACT OF 1947
Section 4 redesignates section 503 of the
National Security Act of 1947 as section 505,
to conform to the changes made by the bill
TEST or Tar PRESIDENT'S LE TER Or NEW
GUIDELINES FOP COVERT OPERATIONS
Hon. DAVID L. BOREN.
Chairman, Senate Select Committee on In-
telligence, U.S. Senate, Washington. DC.
cc: The Honorable Louis Stokes and the
Honorable Henry J. Hyde.
DEAR CHAIRMAN BOREN: In my March 31.
1987, message to Congress. I reported on
those steps I had taken and intended to
take to implement the recommendations of
the President's Special Review Board. These
included a comprehensive review of execu-
tive branch procedures concerning Presiden-
tial approval and notification to Congress of
covert-action programs-or so-called special
activities.
In my message. I noted that the reforms
and changes I had made and would make
"are evidence of my determination to return
to proper procedures including consultation
with the Congress."
In this regard, Frank Carlucci has pre-
sented to me the suggestions developed by
$12857
the Herat. Select Committee on Iatelhl-
senoe for Improving these procedures. I wel-
come these constructive suggestions for the
development of a more positive partnership
between the intelligence committees and
the executive branch.
Greater cooperation in this critical area
will be of substantial benefit to our country,
and I pledge to work with you and the mem-
bers of the two committees to achieve It. We
all benefit when we have an opportunity to
confer in advance about important decisions
affecting our national security.
Specifically. I want to express my support
for the following key concepts recommend-
ed by the committee:
1. Except in cases of extreme emergency,
all national security "findings" should be in
writing. If an oral directive is necessary, a
record should be made contemporaneously
and the finding reduced to writing and
signed by the President as soon as possible.
but In no event more than two working days
thereafter. All findings will be made avail-
able to members of the National Security
Council (N.S.C.).
2. No Finding should retroactively author-
ize or sanction a special activity.
3. If the President directs any agency or
persons outside of the C.I.A. or traditional
Intelligence agencies to conduct a special ac-
tivity, all applicable procedures for approval
of a finding and notification to Congress
shall apply to such agency or persons.
4. The intelligence committees should be
appropriately informed of participation of
any Government agencies, private parties.
or other countries involved in assisting with
special activities.
5. There should be a regular and periodic
review of all ongoing special activities both
by the intelligence committees and by the
N.S.C. This review should be made to deter
mine whether each such activity is continu-
ing to serve the purpose for which it was in-
stituted. Findings should terminate or
"sunset" at periodic intervals unless the
President, by appropriate action, continues
them in force.
6. I believe we cannot conduct an effective
program of special activities without the co-
operation and support of Congress. Effec-
tive consultation with the intelligence com-
mittees is essential, and I am determined to
ensure that these committees can discharge
their statutory responsibilities in this area.
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 isu-
tial, of a special activity. VFnile I believe
that the current statutory framework is
adequate, new executive branch procedures
nevertheless are desirable to ensure that
the spirit of the law is fully implemented.
Accordingly, I have directed my staff to
draft for my signature executive documents
to implement appropriately the principles
set forth in this letter.
While the President must retain the flexi-
bility as Commander in Chief and chief ex-
ecutive to exercise those constitutional au-
thorities necessary to safeguard the nation
and its citizens, maximum consultation and
notification is and will be the firm policy of
this Administration.
Sincerely,
RosALD REAGAI:.S
? Mr. BENTSEN. Mr. President. I am
pleased today to join my colleagues in
introducing the "Intelligence Over
sight Act of 1987." This legislation
continues the pattern of statutory
strengthening of the intelligence over-
sight process that was established 40
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S 12858
CONGRESSIONAL RECORD -SENATE September 25, 1987
years ago by the National Security Act that there will be no doubt as to what
of 1947. In the ensuing years, Congress the President has authorized and
has enacted other legislation in this when he authorized it, our legislation
area, including most recently the For- requires that a Presidential finding be
eign Intelligence Surveillance Act of in writing and that a copy of each
1978, the Intelligence Oversight Act of finding must be transmitted to the In-
1980, and the Intelligence Identities telligence Committees within 48 hours
Protection Act of 1982. Each of these after it is signed. Retroactive findings
pieces of legislation responded to a re- such as were used in the Iran arms
quirement that was iaentified at the sales would be prohibited.
time, ranging from the need to In other sections, this legislation
strengthen our counterintelligence ca- would spell out for the first time the
pabilities in the first instance to a life- statutory power of the President to
and-death situation where CIA agents' authorize covert actions. It also pro-
identities were being publicly revealed vides that no finding which authorizes
in the past. The legislation we are in- a covert action can operate contrary to
troducing today, too, grows out of our statute and that no funds can be used
own recent experience. for a covert action unless there is a
One of the lessons that we learned finding. Taken together, it seems to
during the investigation of the Iranian me that these requirements represent
arms sales and diversion of profits to a reasonable approach to the problem
the Contras is that current oversight of regaining control over covert ac-
statutes, particularly in the area of tions, while at the same time not in
covert action reporting, are simply not any way harming or endangering our
specific enough. Indeed, it had become Nation's ability to conduct such oper-
obvious during the preliminary investi- ations.
gation conducted by the Select Com- Mr. President, I would like to close
mittee on Intelligence late last year this statement on a more personal
that there were gaps and loopholes in note. I have been a member of the
our oversight laws and that there were Select Committee on Intelligence for
some individuals within the executive almost 7 years now. In time of service
branch who exploited these loopholes on the committee I am the senior
as a means of avoiding congressional member on the Democratic side.
notification of a covert operation. During these years it has been my
To be specific, there is currently a privilege to have had weekly, and
statutory requirement that the over- sometimes almost daily, contact with
sight committees of Congress be noti- the men and women of our Nation's
fied in advance of covert actions, or intelligence services. The work that
must be notified "in a timely fashion" they do for our country is absolutely
after the fact. This loophole of invaluable, and many of them routine-
"timely fashion" was broad enough to ly put their lives on the line with little
allow the administration not to report or no public recognition.
the Iranian arms sales for some 18 Indeed, when public recognition does
months. I doubt they would have re- occur, it can sometimes mean death, as
ported them even then, except that a in the case of William Buckley who
small newspaper in the Middle East was CIA station chief in Beirut. Buck-
broke the story in November of last ley was taken hostage, tortured, and
year. killed because of what he was doing
The legislation that we are introduc- for his country-our country. There
ing today closes that loophole by re- are similar men and women all over
quiring that the President provide the world doing their jobs in silence
written notification to the Oversight and without public praise. In the
Committees of the Congress within for lobby of the CIA headquarters build-
48 hours, after he has authorized a ing in Langley, VA, there are rows of
covert action. If he believes that the gold stars carved into the wail. Each of
action is too sensitive to reveal to the those stars represents a CIA employee
entire membership of the Intelligence who was killed serving his country. Be-
Committees, he would be authorized neath the stars is a display case in
to limit notification to the chairmen which has been placed an open book.
and ranking members of those com- There are names in the book repre-
mittees, the majority and minority senting most of the stars on the wall,
leaders of the Senate and the Speaker but there are blank lines as well, for
and minority leader of the House. No- some of these CIA employees still
tification of these eight individuals cannot be publicly identified, even 35
would insure that we do not. have an- years later.
other situation where our country is Mr. President, I end with these sen-
embarked on a course of action with timents because I want to make it
potentially grave foreign policy impli- clear that in sponsoring this legisla-
cations without notifying the Congress tion today, I am not aiming it at the
that such was about to be done. men and women of the intelligence
Unlike present law, which does not community. I am not criticizing them
require Presidential approval for for the job they do for us each and
covert activities conducted by agencies every day. No, I am not introducing
other than the CIA, this legislation this legislation as a way of strengthen-
spells out for the first time that the ing the oversight process, continuing
President must personally approve the pattern of the past 40 years, and
each covert action or "special activi- making our Nation's partnership be-
ty," as they are sometimes called. So tween the legislative and executive
branches in this area a stronger and
even more productive one.*
Mr. MURKOWSKI. Mr. President,
events of recent months have high-
lighted the importance of congression-
al oversight of intelligence activities.
The oversight function, performed by
the two Select Intelligence Commit-
tees-one in the House and one in the
Senate-is the means by which this de-
mocracy reconciles the people's right
to know with the intelligence agencies
need for secrecy.
Under existing law the intelligence
agencies are obliged to keep the two
communities currently informed of
significant intelligence activities, in-
cluding covert action. However, ambi-
guities inherent in existing statutes
were dramatically highlighted during
the recently concluaed congressional
investigation of the Iran-Contra affair.
It is important that these ambiguities
are eliminated so that the ground
rules are clearly understood in both
the Executive and the Congress and
the temptation to look for loopholes is
reduced.
As an outgrowth of painstaking ne-
gotiations on these issues between the
staffs of the Senate Intelligence Com-
munity and the National Security
Council, the committee sent a letter
to the President's National Security
Adviser. The legislation closely follows
the provisions contained in that letter.
This bill does not impose new and
more onerous burdens upon the intel-
ligence agencies. Rather, it clarifies
and rationalizes existing law. For ex-
ample, this bill will, for the first time,
explicitly empower the President to
authorize covert actions and establish
a Presidential "finding" as the author-
izing document.
I am pleased to join with my distin-
guished colleague from Maine, the vice
chairman of the Senate Select Com-
mittee on Intelligence, in cosponsoring
this legislation.
By Mr. INOUYE (for himself,
Mr. EVANS, Mr. ByRD, Mr.
CRANSTON, Mr. SIMPSON, Mr.
DECONCINI, Mr. BURDICK, Mr.
DASCHLE, Mr. MURKOWSKI, Mr.
McCAIN, Mr. BINGAMAN, Mr.
BosCHwrrz, Mr. COCHRAN, Mr.
CONRAD, Mr. DOMENICI, Mr.
GORE, Mr. GRAMM, Mr. LEVIN.
Mr. MATSVNAGA, Mr. PEI L, Mr.
REID, Mr. RIEGLE, Mr. RocKE-
FEi.LEn, Mr. RUDMAN, Mr. STAF-
FORD, Mr. SANFORD, Mr. SIMON,
Mr. WIRTH, Mr. BOREN, and
Mr. MELcHER ):
S. 1722. A bill to authorize the estab-
lishment of the National Museum of
the American Indian, Heye Founda-
tion within the Smithsonian Institu-
tion, and to establish a memorial to
the American Indians, and for other
purposes; by unanimous consent. re-
ferred jointly to the Committee on
Rules and Administration and the
Select Committee on Indian Affairs.
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100TH CONGRESS S
1ST SESSION
To make requirements for the preparation, and transmittal to the Congress, of
Presidential findings for certain intelligence operations; to provide mandatory
penalties for deceiving Congress; and to establish an independent inspector
general for the Central Intelligence Agency.
IN THE SENATE OF THE 'UNITED STATES
OCTOBER 27 (legislative day, OCTOBER 16), 1987
Mr. SPECTER introduced the following bill; which was read twice and referred to
the Select Committee on Intelligence
A BILL
To make requirements for the preparation, and transmittal to
the Congress, of Presidential findings for certain intelligence
operations; to provide mandatory penalties for deceiving
Congress; and to establish an independent inspector general
for the Central Intelligence Agency.
1 Be it enacted by the Senate and House of Representa-
2 Lives of the United States of America in Congress assembled,
3
4 SECTION 1. SHORT TITLE.
5 This Act may be cited as the "National Security Reform
6 Act of 1987".
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1 SEC. 2. PRESIDENTIAL FINDINGS ON CERTAIN INTELLIGENCE
2 OPERATIONS.
3 Subsection (b) of section 501 of the National Security
4 Act of 1947 is amended to read as follows:
5 "(b)(1) No covert operations in foreign countries, other
6 than operations intended solely for obtaining necessary intel-
7 ligence, may be approved, conducted, or funds appropriated
8 or expended for, by or on behalf of the executive branch,
9 unless and until the President makes a finding that each such
10 covert operation is important to the national security of the
11 United States. Operations by or on behalf of the executive
12 branch include action by any officer or employee of the
13 United States Government or any foreign government or in-
14 dividual acting at the request of or with the concurrence of
15 any officer or employee of the United States Government.
16 Each such covert operation shall be considered a significant
17 anticipated intelligence activity for the purposes of this
18 section.
19 "(2) Each finding of the President under paragraph
20 (1)-
21 "(A) shall immediately be reduced to writing and
22 signed by the President, except that the President may
23 make such finding orally if the President determines
24 that immediate action by the United States is required
25 to deal with an emergency situation affecting vital
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1 United States interests and that time does not permit
2 the drafting of a written finding;
3 "(B) any oral finding as provided for under (A)
4 shall be reduced to writing immediately after the action
5 is orally approved with the written finding to be com-
6 pleted no later than twenty-four hours after the making
7 of the oral finding;
8 "(C) the written version of the oral finding shall
9 include a statement of the reasons of the President for
10 having first proceeded with an oral finding;
11 "(D) shall be effective only with respect to oper-
12 ations beginning after the finding was made by the
13 President.
14 "(3) The President shall contemporaneously, but in no
15 event later than twenty-four hours after the making of a writ-
16 ten finding, inform the intelligence Committees of, and pro-
17 vide a copy of, any such finding which authorizes covert
18 action unless the President determines it is essential to limit
19 such notification to meet extraordinary circumstances affect-
20 ing vital interests of the United States in which event oral
21 notice shall contemporaneously, but in no event later than
22 twenty-four hours after the making of an oral or written find-
23 ing, be given to the chairman and ranking minority members
24 of the Intelligence Committees, the Speaker and minority
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4
1 leader of the House of Representatives and the majority and
2 minority leaders of the Senate.".
3 SEC. 3. DECEIVING CONGRESS OR ITS COMMITTEES.
4 Whoever being an officer or employee of the United
5 States, in any matter within the jurisdiction of the Senate or
6 the House of Representatives of the United States, or any
7 committee or subcommittee thereof, knowingly and willfully
8 falsifies, conceals, or covers up by any trick, scheme, or
9 device a material fact, or makes any false, fictitious or fraud-
10 ulent statement or misrepresentation, or makes or uses any
11 false writing or document knowing the same to contain any
12 false, fictitious, or fraudulent statement of entry shall be im-
13. prisoned for not less than one year nor more than five years
14 and may be fined not more than $10,000. Liability under the
15 provisions of this section may be avoided by anyone who no-
16 tifies in writing the committee or subcommittee of the Senate
17 or House of Representatives of the United States of any vio-
18 lation hereof and provides the truthful information in its place
19 within five days.
20 SEC. 4. INSPECTOR GENERAL FOR THE CENTRAL IATELLI-
21 GENCE AGENCY.
22 (a)(1) PURPOSE; ESTABLISHMENT.-In order to create
23 an independent, objective and congressionally accountable
24 unit to conduct and supervise investigations and audits relat-
25 ing to programs and operations of the Central Intelligence.
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1 Agency, there is hereby established in the Central Intelli-
2 gence Agency or Office of Inspector General.
3 (2) APPOINTMENT AND REMOVAL.-There shall be at
4 the head of the Office an Inspector General who shall be
5 appointed by the President, by and with the advice and con-
6 sent of the Senate. The inspector general shall report to and
7 be under the general supervision of the Director of Central
8 Intelligence or the officer next below in rank but not any
9 other officer of the Central Intelligence Agency.
10 (3) The Director may prohibit the inspector general
11 from initiating, carrying out, or completing any audit or in-
12 vestigation, or from issuing any subpoena, only concerning
13 ongoing operations, and only if he determines that such pro-
14 hibition is necessary to protect vital national security inter-
15 ests of the United States.
16 (4) If the Director exercises any power under subsection
17 (a)(3) of this section, he shall submit a classified statement of
18 the reasons for the exercise of the power within seven days to
19 the Select Committee on Intelligence of the Senate and Per-
20 manent Select Committee on Intelligence of the House of
21 Representatives.
22 (5) The inspector general may be removed from office
23 only by the President. The President shall immediately com-
24 municate in writing to both Houses of Congress the reasons
25 for any such removal.
S ISIS IS
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1 (6) DUTIES AND POWERS.-It shall be the duty and
2 responsibility of the inspector general appointed under this
3 Act-
(A) to provide policy direction for and to conduct,
5 supervise, and coordinate investigations and audits re-
6 lating to the programs and operations of the Central
7 Intelligence Agency to assure they are conducted effi-
8 ciently and in accordance with applicable law and
9 regulations;
10
(B) to keep the Director and the Congress fully
11 and currently informed, by means of reports required
12 by subsection (8) and otherwise, concerning violations
13 of laws and regulations, fraud, and other serious prob-
14 lems, abuses, and deficiencies and to report the
15 progress made in implementing corrective action.
16 (7) The inspector general shall have the power to issue
17 subpoenas to carry out his work.
18 (8) REPORTS.-The inspector general shall not later
19 than April 30 and October 30 of each year, prepare a cla.ssi-
20 fied semiannual report summarizing the activities of the
21 Office during the immediately preceding six-month periods
22 ending March 31 and September 30.
23 (9) Classified semiannual reports of the inspector
24 general shall be furnished to the Director not later than April
25 30 and October 30 of each year and shall be transmitted by
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1 him to the Select Committee on Intelligence of the Senate
2 and the Permanent Select Committee on Intelligence of the
3 House of Representatives within thirty days after receipt, to-
4 gether with any comments, he deems appropriate.
5 (10) The inspector general shall report immediately, se-
6 rious problems, violations of law or regulations or serious de-
7 ficiencies relating to the administration of programs and oper-
8 ations of the Agency. The Director shall transmit any such
9 report to the Select Committee on Intelligence of the Senate
10 and the Permanent Select Committee on Intelligence of the
11 House of Representatives within seven calendar days, to-
12 gether with any comments he deems appropriate.
0
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1010TH CONGRESS
1ST SESSION
.1820
To improve the objectivity, reliability, coordination and timeliness of national
foreign intelligence through a reorganization of positions, and for other purposes.
IN THE SENATE OF THE UNITED STATES
OCTOBER 27 (legislative day. OCTOBER 16), 1987,
.Air. SPECTER introduced the following bill; which was read twice and referred to
the Select Committee on Intelligence
A BILL
To improve the objectivity, reliability, coordination and timeli-
ness of national foreign intelligence through a reorganiza-
tion of positions, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SHORT TITLE
4 SECTION 1. This Act may be cited as the "National
5 Intelligence Reorganization Act of 1987".
6 SEC. 2. Section 101(a) of the National Security Act of
7 1947 is amended in the fourth undesignated paragraph-
8 (1) by striking out "and" at the end of clause (6);
9 (2) by striking out the period at the end of clause
10 (7) and inserting in lieu thereof "; and"; and
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2
1 (3) by adding at the end thereof the following:
2 "(8) The Director of National Intelligence in his
3 role as primary adviser on intelligence.".
4 SEC. 3. Title I of the National Security Act of 1947 is
5 amended by inserting new section 102.
6 "DIRECTOR OF NATIONAL INTELLIGENCE
7 "SEC. 102. (a)(1) There are hereby established the posi-
8 Lions of Director of National Intelligence (hereafter in this
9 Act referred to as the "DN'I") and the Deputy Director of
10 National Intelligence who shall each be appointed by, serve
11 at the pleasure of, the President, by and with the advice and
12 consent of the Senate.
13 "(2) The principal role of foreign intelligence and of the
14 agencies which provide such intelligence is to ensure the pro-
15 vision of objective, reliable, coordinated, and timely informa-
16 tion upon which the President and other senior foreign policy
17 makers may base sound foreign policy decisions. To ensure
18 such provision, the D.'1 shall serve as the nation's senior
19 intelligence officer and primary adviser to the President on
20 foreign intelligence matters. Accordingly, the DNI shall be
21 freed from any duties involving the formulation of foreign
22 policy and the implementation of special activities except as
23 may be specifically authorized by this Act. The Deputy Di-
24 rector of National Intelligence shall act for, and exercise the
25 powers of, the Director during his absence or disability.
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1 "(3) The DNI shall be responsible directly to the Presi-
2 dent and the National Security Council.
3 "(4) Upon request, any department, agency, or other
4 component of the United States Government involved in in-
5 telligence or intelligence-related activities shall detail for the
6 use of the DNI such staff as may be necessary to carry out
7 the duties of the DNI under this section.
8 "(b) To carry out his responsibilities under this section,
9 the DIM shall-
10 "(1) ensure that such objective, reliable and co-
11 ordinated national foreign intelligence is provided to
12 the President and officials in the executive and legisla-
13 tive branches in a timely manner;
14 41(2) oversee and provide direction to the national
15 foreign intelligence activities of all agencies, depart-
16 ments, offices, and other entities of the intelligence
17 community.
18 "(3) develop such strategy, objectives and guid-
19 ance for the intelligence community as will enhance ca-
20 pabilities for responding to expected future needs for
21 national foreign intelligence;
22 "(4) provide guidance for national foreign intelli-
23 gence program and budget development to program
24 managers, heads of agencies, departments, offices, and
25 other entities of the intelligence program and budget;
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1 "(5) review, evaluate, approve, and submit. to the
2 Congress through the President, a national foreign in-
3 telligence program and budget:
4 "(6) review and approve all requests for repro-
5 gramming national foreign intelligence funds:
6 "(1) develop collection strategies, objectives, and
7 targets in the intelligence community for national for-
8 eign intelligence requirements and priorities established
9 by the National Security Council:
10 "(8) direct, control, and manage the tasking of na-
11 tional foreign intelligence collection activities:
12 "(9) coordinate, produce, and disseminate all na-
13 tional foreign _ntelligence and, levy analytic tasks on
14 all intelligence community production organizations and
15 entities in consultation with those organizations and
16 entities. Intell_ rence of the departments and agencies
17 of the Government relating to the national security
18 shall be open to the audit of the DIM, and such intelli-
19 gence as relates to the national security and is pos-
20 sensed by such departments and other agencies of the
21 Government, shall be made available to the DXI for
22 correlation, evaluation. and dissemination;
23 "(10) ensure that appropriate mechanisms for
24 competitive analysis are developed so th~.t diverse
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1 views and judgments within the intelligence community
2 are brought to the attention of national policvmakers;
3 "(11) conduct jointly with the Secretary of De-
4 fense and the Chairman of the Joint Chiefs of Staff,
5 military net assessments which allow for independent
6 judgments by the DXI on areas critical to United
d 7 St
t
ti
l
a
es na
ona
security, strategy, tactics, or specific
8 weapon systems;
9 "(12) oversee special activities on a periodic basis
10 for compliance with established laws and regulations.
11 "(13) promote the development and maintenance
1Z of services of common concern by designated intelli-
Ad 15
16 gence and counterintelligence arrangements with for-
17 eign governments, (-)ordinate foreign intelligence and
18 counterintelligence relationships between agencies of
13 gence organizations on behalf of the intelligence com-
14 munity;
"(14) formulate policies concerning foreign intelli-
19 the intelligence community and the intelligence or in-
20 ternal security services of foreign governments, and es-
21 tablish procedures governing the conduct of liaison by
99
any agency, department, office or other entity of the
Ii
23 United States Government with such services;
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1 "(15) establish security countermeasure standards
2 for the safeguard of foreign intelligence systems and
3 information;
4 "(16) protect intelligence sources and methods
5 from unauthorized disclosure;
6 "(17) establish appropriate staffs, committees, or
7 other advisory groups to assist in the execution of the
8 Director's responsibilities; and
9 "(18) monitor national foreign intelligence pro-
10 gram implementation and conduct program and per-
I1 formance audits and evaluations.".
12 SEC. 4. (a) Title I of the National Security Act of 1947
13 is amended by changing old section 102 to be new section
14 102A with the following; changes:
15 (1) by inserting the words "DIRECTOR OF THE"
16 before the Caption "CENTRAL INTELLIGENCE
17 AGENCY".
18 (b) Section 102A, subsection (a) of the National Security
19 Act of 1947 is amended-
20 (1) by inserting after the words" . . . National
21 Security Council", the words "and Director of
22 National Intelligence";
23 (2) by striking out "Director of Central Intelli-
24 gence" and inserting in lieu thereof "Director of the
25 Central Intelligence Agency"; and
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1 (3) by striking out "Deputy Director of Central
2 Intelligence" and inserting in lieu thereof "Deputy
3 Director of the Central Intelligence Agency".
4 (c) Section 102A subsection (a) of such Act is further
5 amended-
6 (1) by inserting "(1)" immediately after "(a)";
7 (2) by striking out the proviso and the colon im-
8 mediately proceding such proviso at the end of the
9 second sentence and inserting in lieu thereof a comma
10 and the following:
11 "except that at no time shall the two positions of the Direc-
12 tor and Deputy Director be occupied simultaneously by-
13 "(a) commissioned officers of the armed services,
14 whether in an active or retired status; or
15 "(b) individuals not having previously served in
16 career positions in the Intelligence Community;
17 "(c) the term of service of the Director shall be
18 seven years. The Director may not be reappointed and
19 may be removed by the President only for cause; and
20 "(d) the provisions of 102A subsections (a)(1) shall
21 apply to the service of the first Director and the first
22 Deputy Director of the Central Intelligence Agency
23 appointed after the date of enactment.".
24 (d) Section 102A, subsections (b) and (c). References in
25 these sections to the Director or Deputy Director of Central
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1 Intelligence shall be deemed to be references to the Director
2 or Deputy Director of the Central Intelligence Agency.
3 (e) Section 102A subsection (d) of such Act is amended
4 to read as follows:
5 "(d) For the purpose of carrying out of the Agency's
6 intelligence activities in the interests of national security, it
7 shall be the duty and responsibility of the Agency, under the
8 management direction of the Director of the Central Intelli-
9 genre Agency:
10 "(1) to collect, produce, and disseminate foreign
11 intelligence and counterintelligence, including informa-
12 tion not otherwise obtainable, and to coordinate the
13 collection of foreign intelligence or counterintelligence
14 within the United States with the Federal Bureau of
15 Investigation as authorized by law or procedures estab-
16 lished by the Attorney General: Provided, That the
17 Central Intelligence Agency shall have no police, sub-
18 poena, law enforcement p )veers, or internal security
19 functions;
20 "(2) to conduct counterintelligence activities out-
21 side the United States and, without assuming or per-
22 forming any internal security functions, conduct coun-
23 terintelligence activities within the United States in co-
24 ordination with the Federal Bureau of Investigation, as
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1 authorized by law and procedures established by the
2 Attorney General;
3 "(3) to coordinate counterintelligence activities
4 and the collection of information not otherwise obtain-
, it
the
ign
the
of
he
,b-
ty
5 able when conducted outside the United -States by
6 other departments and agencies:
"(4) to conduct special activities approved by the
8 President;
9 "(5) to conduct services of common concern for
10 the Intelligence Community as directed by the 'Nation-
a] Security Council and the I)N1:
12 "(6) to carry out or contract for research, devel-
13 opment, and procurement of technical systems and de-
14 vices relating to authorized functions;
15 "(7) to protect the security of its installations, ac-
16 tivities, information, property, and employees by appro-
17 priate means, including such investigations c +. appli-
18 cants, employees, contractors, and other persons with
19 similar associations with the Central Intelligence
20 Agency as are necessary: and
21 "(8) to conduct such administrative and technical
-" support activities within and outside the UniteC. States
23 as are necessary to perform the functions described in
24 paragraphs (1) through (7i, including procurement and
25 essential cover and proprietary arrangements.".
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I SEC. 5. (a) Section 5313 of title 5, United States Code,
2 is amended by-
3 (1) changing Director of Central Intelligence to
4 read Director of National Intelligence;
5 (2) adding at the end thereof the following:
6 "Director of the Central Intelligence Agency.".
7 (b) Section 5314 of title 5, United States Code, is
8 amended by adding at the end thereof the following:
9 "Deputy Director of the Central Intelligence
10 Agency. ".
11 SEC. 6. The provision of section 102a of the Act relat-
12 ing to the Director of the Intelligence Community staff is
13 repealed.
14 SEC. 7. The Central Intelligence Act of 1949 is amend-
15 ed by changing references to the Director or Deputy Director
16 of Central Intelligence to mean the Director or Deputy
17 Director of the Central Intelligence Agency.
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JWTM CONGRESS
JST SESSION S
1,52
IN THE SENATE OF THE UNITED STATES
Mi. Foat.ER introduced the following bill; which was referred to the Satter
Co o frrEE ON INTEWOENCE
A BILL
To amend the National Security Act of 1947, and for other
purposes.
1 PC it cnacted by the Senate and House of ReplresentQ-
2 tivcs of thu United Statcs of America in Con?, esc assent-
3 hlcd, That this Act may be cited as the "intelligence Ac-
4 tivities O\ersight Improvement Act".
5 SFc. 2. Section 662 of the Foreign Assistance Act of
6 1961 (22 U.S.C. 2422) is repealed.
7 . SFc. 3. (a) Section 501(a)(1) of the National Security
F Act of 1947 (50 U.S.C. 413(a)tl)) is amended to read as
9 follows:
10 "(1) keep the Select Committee on Intelligence
11 of the Senate and the Permanent Select Committee
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I on Intelligence of the House of Representatives
2 '
(hereinafter in this section referred to as the 'intelli-
3 Bence committees') fully and currently informed of
4 all intelligence activities which are the responsibility
5 of, are engaged in by, or are carried out for or on
6 behalf of, any department, agency, or entity of the
7 United States, including any significant anticipated
8 intelligence activity; except that the foregoing provi-
9 sion shall not require approval of the intelligence
I U committees as a condition precedent to the initiation
I 1 of any such anticipated intelligence activity;".
12 (h) Section 501(b) of the National Security Act of
13 1947 (50 U.S.C. 413(b)) is amended to read as follows:
14 "(b)(I) No special activity may be initiated by any
15 department, agency, or entity of the United States, or by
16 an private entity acting on behalf of the United States,
17 unless and until the activity has been approved by the
IF President and the President has made a written finding
19 that. in the President's opinion-
2O "(A) such activity is essential to the national
21 defense or the conduct of the foreign policy of the
22 United States;
23
24
"(B) such activity is consistent Wit},. and in
support of, the publicly Mowed foieigr, policy of the
United States;
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2 justify the foreseeable risks and likely consequences
3 of its disclosure to a foreign power;
4 "(D) overt or less sensitive alternatives would
5 not be likely to achieve the intended objectives; and
6 "(E) the circumstances require the use of ex-
7 traordinary means.
10
19
21
22
23
Such written finding shall also designate the department,
agency, or entity of the United States, or the privaie entity
acting on behalf of the United States, which is to carry out
the special activity, and shall specify the authorized dura-
tion (not to exceed 1 year) of the special activity.
"(2) No department, agency, or entity of the United
States, or private entity acting on behalf of the United
States, may conduct any special activity which is not
within a category of special activities auLb.prized by the
President under paragraph (5) unless and until the Presi-
drnt submits a report to the intelligence cornrnittees con-
taining the written finding required by paragraph (1), a de-
scription of the nature, scope, and specific objectives of
the activity, and a statement of the facts and reasoning sup-
porting each element of the finding.
"(3) If the President deter7lines that limiting the prior
notice required by paragraph (2) is essential in order to
trleei e\.tr2:1rdinarv circumstances affecting vital interest-.s
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I of the United States, and that time is of. the essence in
2 initiating the special activity, such notice may be limited to
3 the chainnen and ranking minority members of the intelli-
4 gence cornniittees, the Speaker and the minority leader of
5 the House of Representatives, and the majority and minori-
6 ty leaders of the Senate, but in no case shall such limited
7 notice take place later than 48 hours after the Written find-
8 ing required by paragraph (1). In all such cases the Piesi-
9 dent shall provide a statement of the reasons for not giving
10 prior notice to the intelligence conunittees.
11 "(4) After the submission of a report referred to in
12 paragraphs (2) and (3), the President shall provide either
13 intelligence committee such additional infonnation as such
14 cornrnittee may request concerning the activity which. is
15 the subject of such report, and the National Security Coun-
16 cii (or a co:runittee thereof designated by the President)
17 shall be responsible for the supervision of the activity, and
IS shall ensure that such activity remains consistent with the
19 nature, scup.., and objectives of the activity as authorized
20 by the President.
21 "(5) Special activities other than those which involve
22 or coati ins of . e elements of high risk, major resources, or
23 seri:Ous political consequences in,-%- be Buffiorized b.,.- fl)-,
24 President by categon, but such a category of activities
auu)urized unless 11 e President-
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S S.L.C.
I "(A) personally finds that activities falling
2 within the category are important to the national se-
3 curity of the United States; and
4 "(B) reports, before any activity within the cat-
5 egos. Is commenced, a description of the nature and
6 scope of the category and a justification for conduct.
7 ing activities within the category to the intelligence
8 committees.
9 No funds may be expended for any activity falling Within a
10 category authorized under this paragraph until the Presi-
l 1 .lent has made the finding required under subparagraph (A)
12 and submitted the report required under subparagraph (B).
13 "(6) After a category of special activities has been
14 authorized by the President and such category has been
15 reported to the intelligence conunittees pursuant to para-
16 graph (5), the National Security Council (or a committee
17 thereof designated by the President) shall be responsible
I F for the supervision of each activity falling within such cat-
19 egor and shall ensure that each such activity remains con-
20' sister}t v. ith the nature and scope of the category as authcr-
21 ized by the President.
22 "(7) The President shall provide to either intelligence
conurnittee such additional information pertaining to sp e-
24 cifr; special' activities underiaJ.en within a category of ac-
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I tivities authorized by the President under paragraph (S) as
2 such committee may request.
3 "(8) For the purposes of this subsection, the term
4 'special activity' means any activity conducted in support
5 of national foreign policy objectives abroad which are
6 plarured and executed so that the role of the United States
7 Goverrunent is not apparent or acknowledged publicly, and
8 functions in support of such activities, but which are not
9 intended to influence United States political processes,
10 public opinion, policies, or media, and do not include dip-
11 lornatic activities or the collection and production of intel-
12 ligen.e or related support functions.
13 "(9) No intelligence activity abroad, other than spe-
14 cial activities as defined by paragraph (8) or activities in-
15 tended solely for obtaining necessary intelligence, may be
16 initiated by any department, agency, or entity of the United
17 States, or by a private entity acting on behalf of the United
I E States. unless and until the President finds that each such
19 colperation is important to the national security of the
2 ; United States and reports, in a timely fashion, a description
21 of the natwe and scope of the activity to the intelligence
2 co;ri:nittee?s.
"(1o) This subsection shall not apply to activities
2 tiat:-d h\ the United States pursuant to a declaration of ~T ar
e d l~
t r I?~ ' tilt co-1:!t5k.
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7 S.L.C.
i "(11) The National Security COW)cil shall not engage
2 in or carry out special activities, except for the Supervisory
3 role provided for in paragraphs (4) and (6). ".
4 SEC. 4. No funds appropriated for any department
S agency, or entity of the United States, may be ' ex ended
6 for the pwpose, or which will have the p
effect of support-
7 ing, directly or indirectly, any special activity as defined
8 by section 501(b)(8) of the National Security Act of 1947
9 wrless such activity is carried out in accordance with the
10 provisions of section 501 of such Act.
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100TH CONGRESS
1ST SESSION
.1458
To clarify and restate the Comptroller General's authority to audit the financial
transactions and evaluate the programs and activities of the Central Intelli-
gence Agency, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JULY 1 (legislative day, JUNE 23), 1987
Mr. GLENN introduced the following bill; which was read twice and referred to
the Select Committee on Intelligence
A BILL
To clarify and restate the Comptroller General's authority to
audit the financial transactions and evaluate the programs
and activities of the Central Intelligence Agency, and for
other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "General Accounting
4 Office-Central Intelligence Agency Audit Act of 1987".
5 SEC. 2. Title 31, United States Code, is amended by
6 inserting after section 3523 the following new section:
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] ? 3523a. Audit of Central Intelligence Agency activities
2 "(a) Notwithstanding any other provision of law, the
3 Comptroller General shall audit the financial transactions and
4 shall evaluate the programs and activities of the Central In-
5 telligence Agency-
"(1) on the initiative of the Comptroller General;
"(2) when requested by the Chairman or the
9 ranking minority member of the Select Committee on
10 Intelligence of the Senate or the Permanent Select
11 Committee on Intelligence of the House of Representa-
12 tives.
13 "(b) Whenever the Comptroller General conducts an
14 audit or evaluation pursuant to subsection (a), the Comptrol-
15 ler General shall provide the results of such audit or evalua-
16 tion only to the Select Committee on Intelligence of the
17 Senate, the Permanent Select Committee on Intelligence of
18 the House of Representatives, and the Director of Central
19 Intelligence.
20 "(c) Notwithstanding any other provision of law, the
21 Comptroller General may inspect and copy any relevant
22 books, documents, papers, records, other information, includ-
23 ing written or recorded information of all kinds, and property
24 which belongs to, or is in the possession or control of, the
25 Central Intelligence Agency in order to perfornD audits and
26 evaluations pursuant to subsection (a). The Comptroller Gen-
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I era] shall also be provided access to the officers and employ-
2 ees of the Central Intelligence Agency at such reasonable
3 times as the Comptroller General considers necessary to
4 carry out such audits and evaluations. Notwithstanding the
5 preceding sentence, the Comptroller General shall not be
6 provided access to any officer or employee of the Central
7 Intelligence Agency if the President determines that access
8 to any such officer or employee is not in the national interest.
9 The President shall prepare and transmit a report to the
10 Comptroller General and the chairman and ranking minority
11 member of each committee referred to in subsection (a)(2) of
12 this section setting forth his determination. The President
13 may not delegate the making of a determination under this
14 subsection to any officf r or employee of the Executive
15 Branch.
16 "(d)(1) After consultation with the Select Committee on
17 Intelligence of the Senate and with the Permanent Select
18 Committee on Intelligence of the House of Representatives,
19 the Comptroller General shall establish procedures to protect
20 from unauthorized disclosure all classified and other sensitive
21 information furnished to the Comptroller General or his rep-
22 resenta.tives under this section.
23 "(2) All workpapers of the Comptroller General and all
24 records and property of the Central Intelligence Agency that
25 the Comptroller General uses during an audit or evaluation
?s 145E IS
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1 under this section shall remain in facilities provided by the
2 Central Intelligence Agency. Procedures established by the
3 Comptroller General pursuant to paragraph (1) of this sub-
4 section shall include provisions specifying the method and du-
5 ration of any temporary removal of workpapers from facilities
6 provided by the Central Intelligence Agency.
7 "(3) Before initiating an audit or evaluation under this
8 section, the Comptroller General shall provide the Director
9 of Central Intelligence with the names and other relevant
10 information concerning each officer and employee of the Gen-
11 eral Accounting Office who may have access to, or otherwise
12 be provided with, classified or other sensitive information in
13 connection with an audit or evaluation for purposes of securi-
14 ty clearance reviews. The Director of Central Intelligence
15 shall complete the necessary security clearance reviews on
16 an expedited basis.
17 "(4) The Comptroller General shall provide the Director
18 of Central Intelligence %i,, h the name of each officer and em-
19 ployee of the General Accounting Office who has obtained a
20 security clearance from the Central Intelligence Agency and
21 to whom, upon proper identification, the officers, employees,
22 records, and property of the Central Intelligence Agency
23 shall be made available in carrying out this section.
?S 1458 IS
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1 "(e) This section may be superseded only by a law en-
2 acted after the date of enactment of this section specifically
3 repealing or amending this section.
4 "(f) The authority provided in this section is in addition
5 to the authority that the Comptroller General has to investi-
6 gate, audit, and evaluate the financial transactions, pro-
7 grams, and activities of any other establishment or agency of
8 the Government of the United States.".
9 SEC. 3. (a.) Section 3524 of title 31, United States
10 Code, is amended-
11 (1) in the first sentence of subsection (a)(1), by
12 , striking out "The" and inserting in lieu thereof the fol-
13 lowing: "Except with respect to audits or evaluations
14 of the Central Intelligence Agency as provided in sec-
15 tion 3523a of this title, the";
16 (2) in subsection (c), by inserting "(other than ac-
17 tivities conducted by the Central Intelligence Agency)"
18 after "activities";
19 (3) by amending subsection (d) to read as follows:
20 "(d) This section does not apply to expenditures under
21 section 102, 103, 105(d)(1), (3), or (5), or 106(b)(2) or (3) of
22 title 3."; and
23 (4) in subsection (e), by striking out "or a finan-
24 cial transaction under section 8(b) of the Central Intel-
25 ligence Act of 1949 (50 U.S.C. 403j(b))".
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1 (b) Section 8(b) of the Central Intelligence Act of 1949
2 is amended-
3 (1) by inserting "(other than section 3523a. of
4 title 31, United States Code)" after "Government
5 funds"; and
6 (2) by adding at the end thereof the following new
7 sentence: "The Comptroller General shall audit ex-
8 penditures made for objects of a confidential, eatra.ordi-
9 nary, or emergency nature to be accounted for solely
10 on the certificate of the Director.".
11 (c) Section 716(d)(1)(A), title 31, United States Code, is
12 amended by inserting "(other than activities conducted by the
13 Central Intelligence Agency)" after "activities" the first
14 place it appears.
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100TH CONGRESS
1ST SESSION
.1235
To amend the National Security Act of 1947 to provide that the term of service
of the Director of Central Intelligence shall be seven years, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
MAY 19 (legislative day, MAY 13), 1987
Mr. BYRD introduced the following bill; which was read twice and referred to the
Select Committee on Intelligence
A BILL
To amend the National Security Act of 1947 to provide that the
term of service of the Director of Central Intelligence shall
be seven years, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That (a), section 102(a) of the National Security Act of 1947
4 (50 U.S.C. 403(a)) is amended-
5 (1) by inserting "(1)" immediately after "(a)";
6 (2) by striking out the proviso and the colon im-
7 mediately preceding such proviso at the end of the
8 second sentence and inserting in lieu thereof a comma
9 and the following: "except that at no time shall the
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1 two positions of the Director and Deputy Director be
2 occupied simultaneously by-
3 "(A) commissioned officers of the armed services,
4 whether in an active or retired status, or
5 "(B) individuals who were in the employ of the
6 Agency for any period of time during the seven-year
7 period immediately preceding the date on which they
8 are nominated by the President for such positions.";
9 and
10 (3) by adding at the end thereof the following new
11 paragraph:
12 "(2)(A) The term of service of the Director of Central
13 Intelligence shall be 7 years. The Director may not serve
14 more than one seven-year term.
15 "(B) The term of service of the Deputy Director of Cen-
16 tral Intelligence shall be 7 years, except that, in the absence
17 or disability of the Director of Central Intelligence, the
18 Deputy Director shall continue to serve until an individual
19 has been appointed Director.".
20 (b)(1) The amendment made by subsection (a)(3), insofar
21 as it relates to the Director of Central Intelligence, shall
22 apply to the service of the first Director appointed after the
23 date of enactment of this Act.
24 (2) The amendment made by subsection (a)(3), insofar as
25 it relates to the Deputy Director of Central Intelligence,
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1 shall apply to the service of the first Deputy Director ap-
2 pointed after the date of enactment of this Act.
3 (3) The amendment made by subsection (a)(2) shall
4 apply with the first appointment of a Director or Deputy Di-
5 rector of Central Intelligence after the date of enactment of
6 this Act.
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