THE INTELLIGENCE AUTHORIZATION ACT, FISCAL YEAR 1989
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Document Number (FOIA) /ESDN (CREST):
CIA-RDP89T00234R000300420018-0
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RIFPUB
Original Classification:
K
Document Page Count:
2
Document Creation Date:
December 27, 2016
Document Release Date:
February 22, 2013
Sequence Number:
18
Case Number:
Publication Date:
August 11, 1988
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OPEN SOURCE
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Declassified and Approved For Release 2013/02/22 : CIA-RDP89T00234R000300420018-0
August II, 1988 CONGRESSIONAL RECORD ? SENATE
so doing changed the course of Ameri-
can political history. His service has
been unequalled, both on behalf of the
people of West Virginia and those of
the United States. It is with great
pride that I have served with such a
man, and it is a tribute to the Senate
that such a man should be its leader.
THE INTELLIGENCE AUTHORIZA-
TION ACT, FISCAL YEAR 1989
Mr. GLENN. Mr. President, last
Friday, August 5, the Senate passed S.
2366, the Intelligence authorization,
fiscal year 1989, by incorporating it as
an amendment to the House compan-
ion measure, H.R. 4387. I wish to com-
ment on that portion of the bill which
would authorize some aspects of in-
spector general coverage of the CIA.
Most key Federal agencies are now
subject to Inspector General [IG] and
General Accounting Office [GAO]
audits. These audits ensure that
agency heads, as well as Congress, re-
ceive accurate and reliable informa-
tion concerning the audit resolution
process and the implementation of
corrective action. These audits also
ensure that public funds are legally
spent according to their stated intent.
In addition, the internal investigations
of IG's examine alleged employee mis-
conduct. Together, these reviews en-
couraged economical and efficient op-
erations throughout the Federal Gov-
ernment.
The CIA is one of the few important
Federal agencies still exempt from the
statutory title 5 Inspector General
audit and investigative procedures.
The CIA also claims to be exempt
from GAO audits.
In the absence of such objective re-
views of CIA programs and operations,
a group of CIA and White House offi-
cials were able to hide from Congress
for months the ill-founded and appar-
ently illegal covert action that became
known as the Iran-Contra affair. In
fact, the current, nonstatutory IG at
the CIA, appointed by the Director of
Central Intelligence, has been criti-
cized for his failure to detect and root
out this scandal.
Clearly, the CIA needs greater inde-
pendent audit and investigative cover-
age. Had the CIA been subject to the
independent oversight of the GAO or
a statutory inspector general not be-
holden to the CIA Director, the Iran-
Contra problem might have been
avoided. I would, therefore, whole-
heartedly support any legislative pro-
posal to provide the CIA with t-7uly in-
dependent audit and investigative cov-
erage.
Indeed, during this Congress, I intro-
duced S. 1458, the GAO-CIA Audit
Act of 1987. This bill was designed to
give the GAO the authority to initiate
and perform audits of the CIA under
strict limits, while safeguarding classi-
fied information from unauthorized
disclosure. This bill would not have
placed any undue burden on the CIA's
ability to maintain the secrecy of its
operations, but would have made it
more difficult for the Agency to hide
ill-conceived or illegal activities from
the scrutiny of the Intelligence Com-
mittees, to whom the GAO would
report.
Unfortunately, S. 1458 was consid-
ered but never acted upon by the
Senate Intelligence Committee, which
instead reported the IG provisions of
S. 2366.
While S. 2366 does take some helpful
steps toward addressing the inad-
equate internal controls at the CIA,
particularly the new requirement of
semiannual congressional review of IG
audit and investigative results, I do
not believe it goes far enough in pro-
viding the type of independent inter-
nal reviews necessary to lead to early
detection of either illegal CIA oper-
ations or improper Agency expendi-
tures.
In particular, S. 2366 permits the
CIA to remain exempt from the stand-
ard Federal Government procedure
for IG appointment, whereby inde-
pendent statutory IG's are appointed
by the President and confirmed by the
Senate and are subject to removal
only by the President. This practice is
codified in the Inspector General Act
of 1978, which governs the duties and
responsibilities of a majority of the
current statutory IG community.
Instead, S. 2366 would authorize
audits and investigations of the CIA
by an inspector general who will con-
tinue to be appointed and subject to
removal by the Director of Central In-
telligence. This is exactly the system
in place when the Iran-Contra affair
occurred. It is a system that failed.
By giving the Director of Central In-
telligence the power to both hire and
fire the CIA inspector general, S. 2366
encourages the CIA IG to maintain a
favorable relationship with the Direc-
tor in order to preserve his job, rather
than act as a proper independent f act-
finder and, when necessary, a critic of
CIA programs, operations, and person-
nel. The obvious conclusion is that the
CIA IG will reamin reluctant to track
unwise and perhaps illegal conduct
without the explicit approval of the
Office of the CIA Director himself.
The Iran-Contra scandal shows the
cost of high level CIA blunders in
terms of both taxpayer dollars and our
Nation's credibility with the rest of
the world. This affair occurred, in
part, because several CIA officials, in-
cluding the CIA Director himself, had
the ability and the freedom to spend
the millions of taxpayers' dollars at
their disposal without any form of in-
dependent accounting. Congress must
be informed of the nature and extent
of the CIA's spending activities if con-
gressional oversight is to have any
meaning. In my view, only a presiden-
tially appointed, Senate-confirmed in-
spector general at the CIA would have
the necessary authority and clout to
ferret out and submit such needed
critical information to the CIA Direc-
tor and Congress.
S 11631
If the CIA continues to claim ex-
emption from GAO auditing proce-
dures, Congress has no way of inde-
pendently verifying that the funding
that has been provided for covert ac-
tivities has indeed been spent accord-
ingly. Congress does not have the per-
sonnel, the expertise, or, quite frankly,
the time to doggedly pursue periodic
audits and investigations of CIA pro-
grams and operations. Despite the best
efforts of the Intelligence Committee
and its limited staff, Congress will con-
tinue to be forced to accept the CIA's
word that its disposition of taxpayers'
money for covert activities is proper.
GAO oversight would significantly di-
minish this problem. Therefore, I en-
courage my colleagues on the Intelli-
gence Committee to favorably act on
my bill, S. 1458.
In the meantime, I believe that Con-
gress should authorize a presidentially
appointed, Senate-confirmed CIA in-
spector general to detect fraud and
abuse and promote economy and effi-
ciency within that Agency. I strongly
believe that the traditional IG selec-
tion process that includes Presidential
nomination and Senate approval,
rather than an internal Agency ap-
pointment, will provide Congress and
the public with more objective infor-
mation about CIA expenditures and
activities. Unfortunately, it now ap-
pears we may have to await the next
scandal before these minimal steps are
taken.
IN SUPPORT OF McCAIN
AMENDMENT
Mr. THURMOND. Mr. President, I
supported the amendment by my good
friend from Arizona, Senator McCAIN.
Placing a ceiling on the number of
military dependents overseas will
cause an unnecessary burden on our
young military personnel.
It is an established fact that a
higher percentage of our young sol-
diers today are married than in the
past. Forcing the separation of young
families just to save money is unfair to
these people who are serving their
country overseas.
Mr. President, it is also known that
in the past, when the Department of
Defense attempted to restrict the
numbers of dependents overseas, the
policy failed because young men and
women would go deeply into debt to
pay for their families to join them
overseas.
During that time, many soldiers
were living in poverty because they
could not get government quarters for
their families. I for one do not want to
again force that sort of hardship on
the young men and women who serve
our Nation.
Mr. President, we have the highest
quality of personnel in the military
today that we have ever had. Had this
amendment failed, we will adversely
impact morale and retention in the
armed forces. Military service places
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Declassified and Approved For Release 2013/02/22 : CIA-RDP89T00234R000300420018-0
S 11632
CONGRESSIONAL RECORD ? SENATE August 11, 1988
enough hardship on families without
the Congress adding to it. I thank all
of my colleagues for their support of
the amendment by Senator McCAnkr.
MESSAGES FROM THE
PRESIDENT
Messages from the President of the
United States were communicated to
the Senate by Mr. Saunders, one of his
secretaries.
EXECUTIVE MESSAGES
REFERRED
As in executive session, the Presid-
ing Officer laid before the Senate mes-
sages from the President of the United
States submitting sundry nominations,
which were referred to the appropri-
ate committees.
(The nominations received today are
printed at the end of the Senate pro-
ceedings.)
MESSAGES FROM THE HOUSE
At 3:08 p.m., a message from the
House of Representatives, delivered by
Ms. Goetz, one of its reading clerks,
announced that the House agrees to
the amendment of the Senate to the
bill (H.R. 3679) to clarify the Federal
relationship to the Lac Vieux Desert
Band of Lake Superior Chippewa Indi-
ans as a distinct Indian tribe, to clarify
the status of members of the band, to
transfer title to trust lands, and for
other purposes.
The message also announced that
the House has passed the bill (S. 2560)
to amend the Temporary Emergency
Food Assistance Act of 1983 to require
the Secretary of Agriculture to make
available additional types of commod-
ities, to improve child nutrition and
food stamp programs, to provide other
hunger relief and for other purposes,
with an amendment, in which it re-
quests the concurrence of the Senate.
The message further announced
that the House insists upon its amend-
ments to the bin (S. 908) to amend the
Inspector General Act of 1978, dis-
agreed to by the Senate; it agrees to
the conference asked by the Senate on
the disagreeing votes of the two
Houses thereon, and appoints Mr.
BROOKS, Mr. CONYERS, Mr. SYNAR, Mr.
WISE, Mr. ERDREICH, Mr. HORTON, Mr.
WALKER, and Mr. CLINGER as managers
of the conference on the part of the
House.
The message also announced that
the House disagrees to the amend-
ments of the Senate to the bill (H.R.
3471) to establish the Veterans' Ad-
ministration as an executive depart-
ment; it asks a conference with the
Senate on the disagreeing vote of the
two Houses thereon, and appoints Mr.
BROOKS, Mr. CONYERS, Mr. WEISS, Mr.
NEAL, Mr. FRANK, Mr. MONTGOMERY,
Mr. EDWARDS of California, Mr.
HORTON, Mr. WALKER, Mr. LIGHTFOOT,
and Mr. SOLOMON as managers of the
conference on the part of the House.
The message further announces that
the House disagrees to the amend-
ments of the Senate to the bill (H.R.
4585) to extend the authorization of
appropriations for the Taft Institute
through fiscal year 1991; it asks a con-
ference with the Senate on the dis-
agreeing votes of the two Houses
thereon, and appoints Mr. HAWKINS,
Mr. FORD Of Michigan, Mr. GAYDOS,
Mr. WILLIAMS, Mr. OWENS Of New
York, Mr. HAYES Of Illinois, Mr. PER-
KINS, Mr. JEFFORDS, Mr. GOODLING, Mr.
COLEMAN Of Missouri, and Mrs. ROUKE-
MA as managers of the conference on
the part of the House.
The message also announced that
the Speaker appoints Mr. RAHALL as a
conferee in the conference on the dis-
agreeing votes of the two Houses on
the amendment of the Senate to the
bill (H.R. 3051) entitled "An Act to
amend the Federal Aviation Act of
1958 to establish minimum standards
relating to air carrier passenger serv-
ices, and for other purposes", vice Mr.
Howard. deceased.
The message further announced
that the House has passed the follow-
ing bills and joint resolutions, in
which it requests the concurrence of
the Senate:
H.R. 4200. An act to authorize appropria-
tions for fiscal year 1989 for certain mari-
time programs of the Department of Trans-
portation and the Federal Maritime Com-
mission;
H.R. 4526. An act to provide for the addi-
tion of approximately 600 acres to the Ma-
nassas National Battlefield Park; and
H.J. Res. 583. Joint resolution designating
the week beginning September 11, 1988, as
"National Outpatient Ambulatory Surgery
Week."
The message also announced that
the House has agreed to the following
concurrent resolution, in which it re-
quests the concurrence of the Senate:
H. Con. Res. 356. A concurrent resolution
providing for an adjournment of the House
from August 11, 1988 to September 7, 1988
and a recess or adjournment of the Senate
from August 12, 1988 to September 7, 1988.
The message further announced
that pursuant to section 8002 of the
Internal Revenue Code, the chairman
of the Committee on Ways and Means
appoints Mr. VANDER JAGT, a member
of the Joint Committee on Taxation,
vice Mr. Duncan, deceased.
The message also announced that
pursuant to the provisions of section
403 of Public Law 100-360, the Speak-
er appoints as members of the U.S. Bi-
partisan Commission on Comprehen-
sive Health Care the following Mem-
bers on the part of the House: Mr.
PEPPER, Mr. STARK, Mr. WAXMAN, MS.
OAKAR, Mr. GRADISON, and Mr. TAUKE.
The message further announced
that pursuant to the provisions of
Public Law 453 of the 96th Congress,
the chairman of the Committee on
Merchant Marine and Fisheries ap-
points as members of the Board of
Visitors to the U.S. Merchant Marine
Academy for the year 1988: Mr.
DYSON, Mr. HOCHBRUECKNER, Mr. LENT,
and Mr. JONES of North Cardlina, ex
officio.
ENROLLED BILLS AND JOINT RESOLUTIONS
SIGNED
At 4:12 p.m., a message from the
House of Representatives, delivered by
Mr. Hays, one of its reading clerks, an-
nounced that the Speaker has signed
the following enrolled bills and joint
resolutions:
H.R. 3431. An act to release a reversionary
interest of the United States in a certain
parcel of land located in Bay County, FL;
H.R. 3880. An act to extend the authoriza-
tion of the Upper Delaware Citizens Adviso-
ry Council for an additional 10 years;
H.R. 4676. An act to amend the Tempo-
rary Child Care for Handicapped Children
and Crisis Nurseries Act of 1986 to extend
through the fiscal year 1989 the authorities
contained in such act;
H.J. Res. 138. Joint resolution to author-
ize and request the President to issue a
proclamation designating the third Sunday
of August 1988 as "National Senior Citizens
Day";
H.J. Res. 417. Joint resolution designating
May 1989 as Neurofibromatosis Awareness
Month; and
H.J. Res. 525. Joint resolution to designate
the month of November 1988 as "National
Hospice Month."
The enrolled bills and joint resolu-
tion were subsequently signed by the
President pro tempore (Mr. STENNIS).
At 8:18 p.m., a message from the
House of Representatives, delivered by
Mr. Hays, one of its reading clerks, an-
nounced that the House has passed
the following bill, in which it requests
the concurrence of the Senate:
H.R. 5143. An act to waive the period of
congressional review for certain District of
Columbia acts authorizing the issuance of
revenue bonds.
At 9:14 p.m., a message from the
House of Representatives, delivered by
Mr. Hays, one of its reading clerks, an-
nounced that the House disagrees to
the amendments of the Senate num-
bered 1 through 24 to the bill (H.R.
5026) making dire emergency supple-
mental appropriations for the fiscal
year ending September 30, 1988, and
for other purposes; and that the
House recedes from its disagreement
to the amendment of the Senate num-
bered 25 to the bill, and agrees there-
to, with an amendment, in which it re-
quests the concurrence of the Senate.
At 9:23 p.m., a message from the
House of Representatives, delivered by
Ms. Goetz, one of its reading clerks,
announced that the Speaker has
signed the following enrolled bills:
S. 2561. An act to establish a program of
grants to States to promote the provision of
technology-related assistance to individuals
with disabilities, and for other purposes;
and
H.R. 4754. An act to amend the Pennsyl-
vania Avenue Development Corporation Act
of 1972 to authorize appropriations for im-
plementation of the development plan for
Pennsylvania Avenue between the Capitol
and the White House, and for other pur-
poses.
Under the authority of the order of
the Senate of August 11, 1988, the en-
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