ANTI STONEWALLING ACT OF 1988

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001500070015-8
• Release Decision: RIPPUB
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• Document Page Count: 11
• Document Creation Date: December 27, 2016
• Document Release Date: August 21, 2012
• Sequence Number: 15
• Publication Date: August 19, 1988
• Content Type: MEMO

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19 August 1988
OCA 2809-88
NOTE FOR: General Counsel
FROM:
Deputy Director for Legislation
Office of Congressional Affairs
SUBJECT: Anti-Stonewalling Act of 1988
Attached is a copy of the relevant amendment to H.R. 5210
to be offered by Rep. Bill Alexandria. Also, you will find a
copy of the Congressman's explanation for the proposed
amendment which includes a chronology of GAO contacts with, and
responses from, various executive agencies. Included in this
chronology is a reference to OCA's letter to the GAO, dated
13 June 1988, wherein the Agency declined, with explanation, to
help GAO's investigation of alleged drug trafficking by
high-level government officials of some foreign countries.
Attachments
as stated
A/D/OCA,
19Aug88
Distribution:
Orig - addressee
1 -
.D/OC A (w/att.)
1 - OCA Records (w/att/)
1 - throno (w/o att.)
STAT
STAT
STAT
STAT
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II 6848 CONGRESSIONAL RECORD ? HOUSE August 11, 1986
least we have broken the logjam to
give Members an opportunity here to
have their say.
We are seeing the results of the hard
work and dedication of the task force
members, led by the gentleman from
California, Mr. JERRY LEWIS, the gen-
tleman from Oklahoma, Mr. MICKEY
EDWARDS, on our side, the gentleman
from Florida, Mr. BILL McCc:tunic, two
of the three are down on our conven-
tion on the platform currently.
Countless hours of dedicated work
by Members and staff created this op-
portunity to pass quality legislation.
While I cannot list the names of all
these people, I think they know I
mean them. when I express the grati-
tude of this side of the aisle for their
hard work.
As I said. Mr. Speaker. I would have
preferred an open rule, but I must add
that the bipartisan spirit that has per-
meated thiF process is very much evi-
dent in the rule today. As a result of
the cooperative spirit evidenced by our
Speaker and majority leader and the
Rules Committee, the content of the
bill is not only comprehensive, but it is
of high quality.
Surely we do not agree on every-
thing in the bill, nor do we agree on all
of the amendments. but we have en-
abled Members to address and debate
these key issues when we resume in
September.
Sc, Mr. Speaker, I want to again
thank the Speaker and the majority
It i4dr and the distinguished chairman
of the committee for his cooperation
here, that a hen we do come back from
our recese there will be probably three
or more elsys involved in amending
the comprehensive drug bill.
I urge the adoption of the rule, and
thank the gentleman for yielding this
time.
Mr. PEPPER. Mr. Speaker, for pur-
poses of debate only. I yield 3 minutes
to the distinguished gentleman from
Arkansas [Mr. ALEXANDER).
(Mr. ALEXANDER asked and was
given permission to revise and extend
his remarks, and to include extraneous
at.
erial.)
Mr. ALEXANDER, Mr. Speaker, I
rise in support of the rule and to ex-
plain my amendment made in order
under the- rule.
Mr. Speaker. I first conducted a
forum on drug abuse 16 years ago in
order to attack a dilemma that was
just beginning to invade some areas of
my home State of Arkansas. Today,
with Arkansas as well as the rest of
the country seemingly no closer to
solving the problem of drug abuse
than in 1972. the question arises as to
why America has been unable to deal
with the scourge of drug abuse.
As we debate the rule on the omni-
bus antidrug bill today, we should rec-
ognize that there is no one simple
answer to this question, but a major
obstacle in attacking drug use is the
absence of a clearly defined, unmistak-
able policy. In the void left by the lack
of a clear policy, confusion reigns
among the agencies that are charged
with drug enforcement.
As a remedy to this situation, in Sep-
tember I plan to offer an anti-
stonewalling amendment to the anti-
drug bill, which would require the
sharing of information among certain
Federal agencies about illegal foreign
drug activities. My amendment would
require that any executive branch offi-
cial having information about such ac-
tivities would transmit it to the heads
of agencies involved in formulating
US. foreign policy or enforcing Feder-
al drug laws. The antistonewalling
amendment would also require that
such information be shared, when re-
quested, with committees of Congress
and the General Accounting Office.
A classic example of the difficulties
that arise from the national policy
vacuum in drug abuse occurred on
July 12 when John Lawn, the head of
the Drug Enforcement Administra-
tion, testified to a congressional sub-
committee that he had written letters
praising the alleged drug interdiction
efforts of Gen. Manuel Noriega and
the Panama Defense Forces. The DEA
Administrator testified that at the
time the letters were written he had
not known about the criminal investi-
gation into General Noriega's involve-
ment with illegal importation of for-
eign drugs into the United States, be-
cause he was "left out of the loop" by
U.S. intelligence agencies and never
given hard evidence tying Noriega to
narcotics traffickers.
That criminal investigation eventu-
ally led to Noriega's indictment, and
was conducted by the Miami U.S. at-
torney general's office, which is a part
of the Department of Justice. We
must prevent this kin:: of confusion
among agencies charged with drug
laws enforcement in which the left
hand of the Justice Department clear-
ly didn't know what the right hand
was doing.
A second example concerns an ongo-
ing investigation by the General Ac-
counting Office, undertaken at my re-
quest, which would examine how in-
formation about drug trafficking by
high-level Government officials of
other countries affects U.S. foreign
policy decisions, using as a case study
information concerning the drug traf-
ficking activities of General Noriega of
Panama.
GAO indicated in an August 9 letter
to me that "since May 11, 1988 we
have been formally trying to gain
access to personnel and records at the
Departments of State, Justice, and De-
fense." In late May, GAO was in-
formed that the National Security
Council would handle this assignment
for the administration, and the Depart-
ments of State, Justice, and Defense
were instructed by the NSC to cease
cooperation in the investigation until
NSC issued guidelines for GAO access
to information. Repeated GAO re-
quests for information were refused by
State, Justice, and Defense, with each
refusal being accompanied by a refer-
ence to the NSC stonewalling policy.
While it is perfectly justifiable to
withhold certain types of information
that would Jeopardize law enforce-
ment or intelligence activities. the
GAO told me that "most of the infor-
mation ;ye need to examine should b{
considered to be releasable." GAO of-
ficials met with NSC officials and told
them of "our previous experience on
other successful assignments involving
similarly sensitive information." Then
Is no reason why the executive should
not provide information on the basic
objective of the GAO investigation,
which is the organization and decision
process for foreign policymaking a he n
information is available on foreign of-
ficials' drug trafficking.
A series of questions remain unan-
sv.'ered about illegal drug trafficking
in Central America. For example. in
Arkansas serious questions continue to
surface about allegations concerning-
Adler Berriman (Barry) Seal's gun
running and drug smugzling. Seal. a
DEA informant who wasitRain in Lou-
isiana in 1986, was allegedly involved
In an operation in which a plane
loaded with guns to aid the Nicara-
guan Contras flew from Mena.. AR.
down to Central America and then re-
turned loaded with drugs. One of
Seal's planes, a C-123K that had been
serviced and parked at the Mena air-
port during much of 1964 and 1965,
was shot down over Nicaragua in Octo-
ber 1986, while carrying supplies to
the Contras, and an Arkansan. Wal-
lace (Buzz) Sawyer, was killed in the
crash. There have been local, State.
and Federal investigations into the
Mena operation, but many quetionF
persist. A vital goal of the anti-
stonewalling amendment is to ensure
that all agencies are cooperating in
giving and receiving the information
they need to do their job.
One question that arises is whether
Federal agencies were working at cross
purposes during the period of Seal's
activities as an informant. There is evi-
dence that the CIA and the NSC both
wanted to divulge Seal's involvement
in a massive undercover drug investi-
gation because of those agencies' in-
terest in influencing the Contra aid
debate that was taking place in Con-
gress shortly before Seal's murder in
February 1985; simultaneously, the
DEA's primary interest was apparent-
ly the undercover effort to breal. up
the Colombian drug cartel. A news
leak by an unknown U.S. Government
official resulted in articles alleging
that the Sandinista gm ernment was
involved in drug trafficking, and it
blew the investigation. According to
our distinguished colleague. Chairman
Btu HUGHES of the House Judiciary
Subcommittee on Crime, the political-
ly motivated leak cost Seal his life.
While everyone respects the need to
avoid disclosing information about the
criminal investigation of Noriega,
there are many other questions the
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August 11, 1.988 CONGRESSIONAL RECORD ? HOUSE H bi54
executive should be able to give the
GAO. including:
First, what procedures are there for
law enforcement agencies to communi-
cate their intelligence needs to the in-
telligence community?
Second. how are law enforcement
and/or foreign policymaking officials
further up the chain of command pro-
vided intelligence information?what
procedures arc involved, what kind cf
information is provided'
Thiro were any specific instructions
or directives prepared requesting in-
formation on illegal drug-related ac-
tivities in Panama or on Noriega's in-
volvement in illegal activities'
Fourth, who received the raw infor-
mation. what did they do with it, what
studies, reports, or analyses were pre-
pared on illegal activities in Panama
or on Noriega?
Fifth, who were thest reports sent
to?especially. were any recipients in
the h enforcement community or in
foreign policymaking positions?
Sixth, how did the law enforcement
recipients use the reports?did they do
further analysis, did they use the in-
telligence as input to build or develop
any criminal cases?
Seventh. how did the foreign poliey-
making recipients use the reports?did
th y discuss them, did they do further
analyses, did they summarize for
higher level recipients?
Mr. Speaker, there is no reason why
the executive branch should withhold
information the primary focus of
the GAO inquiry, which is the organi-
zation and decision process for foreign
policymaking when information is
available on foreign officials' drug
traff icking. The antistonewalling
amendment would focus only on infor-
mation such as that involved in the
GAO's investigation of Noricga and
other officials, which legitimately can
be provided: it would not require dis-
closure under three conditions:
First, when it would jeopardize a
U.S. foreign intelligence or counterin-
telligence activity;
Second. when it would endanger a
law enforcement investigation: and
Finally, when it may adversely
affect U.S. defease or national securi-
ty.
A decision not to share information
could be made only by the head of an
agency. If the President decided to
withhold the information from a com-
mittee of Congress, he would have to
provide the committee the reasons for
such action. in the event that the in-
formation involved U.S. foreign intelli-
gence or counterintelligence, the
President would be required to
promptly inform the chairman and
ranking minority members of the
House' and Senate committees on intel-
ligence.
Mr. Speaker, drug abuse is the most
devastating plague confronting Amer-
ica today. In battling this evil, we
cannot any longer tolerate the policy
void in which arencies operate in igno-
rance of each other and occasionally
even pursue contradictory objectives.
We must replace the current vacuum
with a clearly defined, unmistakable
policy in which all agencies cooperate
fully with each other in sharing infor-
mation about illegal drug trafficking.
I further submit various copies of
various letters from the GAO, the De-
partment of State, the Department of
Justice. the Department of Defense,
and the National Security Council
which further explains the need for
the antistonewalling amendment.
GENERAL Accomerme Orrin. NA
TIONAI SEMI:ITT AND INTERNA-
TIONAL AFT/LIPS Ent-mina.
Washington. DC. August 9. 19R.
Hon. Bzu ALLMAN/Dill.
Subcommittee on Conmerct. Justice. Stole,
the Judiriary anti Reefal ?-lorneics,
Committee or. Appropeic.riongs. Hoese of
Repreon. fon via
DIAP Ws ALEXANDET. In May 1985 you
asked us to reviev hos; information about
drug trafficking by high-level government
officials of nations friendly to the United
States affect:- U.S. foreign policy decisions.
Because the urination raaulted to suc-
cessfully undertake tins assignment would
potentially involve- information related to
Intelligence gathering and on?goine law en-
forcement investigations whit h is difficult
to obtain, we suggested. and you agreed,
that we would explore the issue using as a
case study the- information concerning the
drug trafficking activities of General Nor-
iega of Panama. The following is a summary
of the experience we have had so far in sat-
isfying your request.
Since May 11. 1988. we have been formally
trying to gain access to personnel and
records at the Departments of State, Jus-
tice, and Defense. We were successful in
gaining access to the Department of De-
fense sold In fact performed a limited
amount of audit work at tnza seem's.. In
late May. we were acleiaed that the National
Security Council (NSCI wonld sena as thc
administration's feaea: point on this a-ssion-
merit. Concurrently. ue were adeised that
the Departments of Juotiae said Stat.: to,e
bean instructed net to me-El with the GAO
stall or pro\ ale any information to GAO on
this assignment until NSC issued guidelines
concerning GAO access to information. Toe
Department of Defense notified us on July
12, 198E. that it also was instructed by the
NSC to cease cooperation with GAO until
such guidelines are available. We have by
letter and telephone discussions continued
to try to obtain information and schedule
meetings with the Departments of State,
Defense, and Justice but these efforts have
been refused. with each agency citing the
NSC's direction as the reasen for refusal.
We have beer, working with the NSC to
facilitate access to agency personnel and
records. V.'e met with there on June 6, 196?
and June 22. 1966 and discussed at Some
length our approach to the work, our views
about our access to information, and our
previous experience on other successful as-
signments involving similarly sensitive in-
formation. On June 23, 1986. at NSC's re-
quest, we delivered a detailed letter to them
giving further detail or, the kind: of infor-
mation we would be seeking. Although that
letter identified some information ahicli ul
timately may not be math, available, the in
formation related to the primary focus of
our work, that is. the organization and deci
sion process for foreign policymaking when
information is available or. foreign officials
drug trafficking, would not uniformly be ex
peeled to raise similar concerns. Our norma
dures in such situations are to conside
acceas questions or, a cast -by-case basis. lot
lowing discussions with agency officials and
examination of otherwise available record.
NSC 's actions to prohibit such preaiminain
diseuasions until after r.11:1E-lines concerning
access are established has foreclosed that
approach.
Or, July 13. 1958, the NSC wrote in re-
sponse to ow- June 198-? letter that our
request -seek: arms, to. sensitive law en-
forrement and intelltgenea files covering a
substantial period of Wm" and "raises ins
portant statutory and constitutional Le,ieure.'
The letter advised that the administratioa
is analyzing the:a(' iasues arid sould rept
when its deliberations were completed. We
have on several occasions mos: recently yes
terday, asked the NSC about the status of
the operating guidelines We- continue to be
told the issues are being analyzed and guica -
lines will be issued when the review Is Coru-
na ted. NC officials say they cannot pro-
rad: a specific dine when guidelines will la
avatiable .
WE are not into the fifth month of per
effen to address the issu- you asked us Ir
review, and it is difficult to pit-diet hoe
matt. further delay is haelt. Ahougt w'
have assembled some informaiion avaiiab).
from public- re-cords, we have made esseatiat-
ly no progress on the audit itself We believe
it shmild be possible to reach agreement
with the agencies involved. as we pursue Our
auilt queAions. that much of the informs
tier, we need to examine sno.O.c.' be consid-
ered to be releasable. and ta discuss spendl
arrangements for security of the informa-
tion if such arrangements are warranted In
fart, we were successful Ic. such an approach
with the Department of Defense prior to
July 12,
We will continue to keep you informed of
the status of our efforts and air discuss
further steps which we believe may be ap-
propriate, if any, after we have reviewed
any guidelines issued by NSC.
Sincerely yours.
Naeca R
A.5.0:1C.tE Dire: :17,-.
GINIS Al ACC 01:ArT:N OFFIre Ni,
TIC-NAI Sect- F.= ANI IF7LF N A -
AFFAIRE,
11: G.01;? ng!:::r. DC. 3, l9ft.
Hort Bill ALEXANDEL
iita:.se of Ect?resentc::
DIAS ME. ALEXANDEF.: In May 196E. you
asked us to review bow information about
drug trafficking by high-level government
officials of nations friendly to the United
States affects U.S. foreign policy decisions.
Because the information required to suc-
cessfully undertake this sasignrnent would
potentially involve information related to
intelligence gathering and on-going law en?
forceinent investigation: which is difficult
for the Genet-lel Accounting Office to obtain
under our access-toreeords authorities, we
suggested. and yew EL?ec-,-.!. that we would
explore the issue using- as a CZ-Sf.- study the.
information concerning the drug trafficking
activities of General Noriega of Panama. As
you re-quested at our meationr on August 2.
19Ea. we are providing a detailed summary
or. the eaperience we have had so far in at-
ternoting to obtain information en this as?
sive:merit.
In summary, slthounh we were able to
- perform a limited amount of audit work at
- the Department of Defense in June. the Na-
tional Security Council (NSC' has directed
- the other Executive Brarnh agencies in-
volved not to meet with GAO staff or pro-
vide any information to GAO on this assign-
- ment until NSC issues guideline.: concerning
1 GAO access to information on the assign-
r merit. The NSC has informed us that it con-
proce
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H 6850 CONGRESSIONAL RECORD ? HOUSE
alders our request tor information concern-
ing General Noriega's drug trafficking and
other activities as raising ?important statu-
tory and constitutional issues
As of August 1. 1988. the representative of
NSC who has been our contact said that he
could not tell us a-hen the guidelines would
be- forthcoming, but he said that he expect-
ed them to be issued within. perhaps, a
couple of weeks (that is. not within days.
and not after months). We have made sever-
al attempts, by letter and through tele-
phone discussions, to obtain information
and schedule meetings with the Depart-
ments of State. Justice, and Defense-, but
these efforts have been refused, with each
agency citing the NSCI direction as the
reason for their refusal. We have also con-
tracted the Central Intelligence Agency,
v.-here our request for information was also
declined.
A detailed chronology of our efforts to,
meet with NSC and agency officials.. and to
obtain information, is provided in Enclosure
I. Copies of the letters we sent to NSC and
to the agencies are provided in Enclosure II.
The NSC has provided one written interim
response to our letters (Enclosure Me of
the agencies, only the Central Intelligence
Agency has responded in writing (Enclosure
We are currently awaiting the NSC guide-
line's. We will continue to keep you in-
formed of the status of our efforts-, and will
discuss further steps which we believe may
be appropriate, if any, after we have re-
x iev:ed any guidelines issued by NSC.
Sincerely yours.
NANZT R. KINGSEVEY.
A?sociate Director.
?7-
ENCLOSURE I
CHRONOLOGICAL SUMMARY OF GAO CONIACTS
WITH EXECUTIVE BRANCH AGENCIES AND
OFFICIALS
Mr..y 11-16, 19LE. We sent routine notifica-
tion letters to the Departments of State,
Justice. and Defereao and the National Se-
CI.Zra:V COUF.C!! advising thein of Our reVieW
t:A id, ntifyine the stnaect and seeps of out
veal, Letters wen sent specificalO within
tee DLportnient of Justice to the Drug" Er--
tat-cement Aeentey (DILA '? the Eaeeutive
Cite for U.S. Attorneaa. and Justice's
Cominal Division
May 23. 1928: We- received our first re-
seense from the NSC. Mr. Nicolas Rostoa,
aae-cial Assistant to the President and Legal
Advisor. told us tn. telephone that he-
v anted to "thine about it" before schedul-
ine a meeting with us.
May 24. 191,8: WE sent a notification letter
to the Central Int...singe-nee agency asking
i or a meeting to diseusc the issuee..
al7,y 30-June 1, 1.9e.e. We began conte-cting
t. esonnel at State and Justiee to arrange
at. initial meetineEto diseuss the sec-;-e and
cS Itn of our audit. Mr. Manuel Rodnquez.
laaS torrieys Offisa its isen who v as co-
codoistine the Jostle. Department compo-
nents, declined to set up a meeting stating
that NSC War coordiaating the Adn:tnistra-
tie response to our notification and he
going to wait until he heard from NSC
teicee proes eding. Mr. Bot Harris. fiery the
DE; ran-net-it of State, advised Us that State-
v ceila not deal with us on this assignment
until we had discussed our work with the
NSC.
June 1: We condected our initial meeting
oath the Department of Drfense. We per-
formed work at the Defense Intelligence
Agency (DIA) and the reintary departments
until July 12. 1988.
June 6. 1988: We had our first meeting
ith Mr. Dan Lein. Deputy Legr-1 Advisor,
NEC. Mr Le-vin stated he understood the
purpose of our reviea. but wasn't sure we
could have access to sensitive intelligence or
law enforcement files. Be promised to dis-
cuss access with the agencies involved and
would get back to us quickly. We were offi-
cially. notified that NSC would be our focal
point on this assignment. We advised Mr.
Levin that we preferred to deal with the
agencies directly without haoine to clear es -
erything with the NSC?our normal prac-
tice. Mr. Levin stated we art- free to deal
with each agency directly and that NSC
would not be a bottleneck
June 8-9. 1988: We again contacted the
Departments of State and Justice to ar-
range for initial meetings. Despite Mr.
Levin's statement that we could deal direct-
ly with the agencies, both Mr. Harris at
State and Mr. Rodriquez at Justice advised
us the NSC instructed them not to deal with
us until NSC had developed operational
guidelines on what to do and what not to do
on this assignment.
June 13, 1988: Mr. John L. Beiges-son, Di-
rector of Congressional Affairs, CIA. re -
sponded to our notification letter. Be stated
that all agency activities in Central America
and information it gathers is under closs
and continuir: sc-utiny by the House and
Senate Intelligence Committees. Further-
more, the CIA advised all policy-related
quo: :ions should be directed to the appro-
priate components of the Executive Branch.
It stated that therefore it could not be. of
help to us.
June 15-16, 1988: We began efforts to con-
tact Mr. Levin, NSC, to determine when the
NSC guidance would be issued and we could
continue our review. Mr. Levin requested
another meeting to learn more about the
review.
June 16, 1988: We conducted an initial
meeting with representatives of the Cus-
toms Service. Mr. Bill Rosenblatt, Assistant
Commissioner for Enforcement, did not pro-
vide any information and said he wanted
first for the U.S. Attorneys Office to estab-
lish ground rules as to ho a mach of the in-
formation Custonls has is covered to grand
jury secrecy provisions and what infornn-
tion they can piovide to us.
June 2. 1988: We held E second meeting
with the NSC and White House staff per-
sonnel. Attending for the Executive Branch
v,-ere Mr. Nicolas Rostow, Special Assistant
to the President and Legal A deisor: Mr. Dan
Levin. Deputy Legal Advisor. NSC, Mr. Jon-
athan Seharfno,- Assistant Legal Advisor.
NSC: Mr. Dan McGrath. Legal Counsel,
White House Staff; Mr. Bob Harris, Depart-
ment cf State: and another official from the
Department of Justice.
We reiterated our purpose. and our re-
quirements in ternes of aceesE to personnel
and de)cunieritation to the extent that we
could. We explained that we needed to con-
duct initi;?1 meetings to rricre fully deter-
riine our dorumentation needs. We dis-
cussed the availability of documents used in
the deliberative- process, grand jury and
other enforcement actions foreign intelli-
renee. and other types of documentation.
Sonic were considered to fall under execu-
tive privilege and not available to GAO. a'-
cording to the administration officials. We
discussed in general terms our access experi-
ences in other kinds of highly sensitive as-
signments and pointed out that special secu-
rity arrangements could be agreed upon if
circumstances warrant.
At the- request of Mr. Levin. we agreed to
submit in writinn. a more detailed explana-
tion of the specific types of documents and
information ae wanted access to so they
could more fully consider our request. They
promised a prompt response. We asked for a
response- within one or two v. ohs. Mr. Levin
August 11. 19KC
was not willing to commit to a specific t inn
period.
June 23, 1988: GAO hand delivered the ex
planatory letter to the NSC. The doeurnent
explained that in order to accompina, our
objectives. we planned to
(D obtain aeency briefings that des, rib,
the general organizational structure and the
operational procedures related to the area.-
ca 'a data collection, analysis, and di.ssermna-
tion systems:
(2, interview relevant aeaney p rsonn,
v.ho arc responsible for de ;none aia ncy
in
formation need:- with regard to General
Norie?ga and Panama implementing the in?
formation collection process, collecting and
reporting ray data. and analyzing and dis-
seminating data on Panama and Gen, rat
Noriega,
(3) reviev: documents to includc soesifo
directives. in,aructions. or taskingr to collect
data on Genera: Noriega or Mitre d
activities involving General Noriego, cat
and reports from field offices re-eardine
General Noriega's involvement in or tolera-
tion of illegal activities. analyse-, or surninu-
ries of field reporting on General Nnaega
and peographielsubject-area studies disc
ing the role- or suspected role of Geneeal
Noriega in illegal activities: and
(41 examine. the use- of Information about
General Noriega in the foreign polira wax ?
ess by identifying the agencies. organize:
tions. and individ-uals alio play a role in d. -
ciding national seeurity and foreign polen
issues with regard to Panama and intervitn,
each and review documents to determine-
whether information about Genera! Noriege.
reached them and how that information
was used in making decisions.
June 27, 1988: We contacted Mr. Levin at
NSC on the status of its response to our
June 23 letter. HE said they were preparing
a response and it would be provided
"promptly."
July 1, 1988. We called Mr. Levin again at
NSC. He said they hoped to have a respo;.?
soon. We inquired about whc in the Wn.:,
House or the NSC is making the ci
and what the sp-cifit. problems or el -
lions are. and Mr. Levi. declined to pro. ::1,
an information.
Jui 5, 1985: WE aaain called Mr. at
NSC. He- advised Us that a letter WaF "in fer
signature ." tee, he de-:lined to precaet v
it would be signed. He also a-oulci not ss:-
hat position the response would take or
who it p-as with for signature. He said he
would not "sit on- a signed response and
that he would call us a-hen it is signed_
July 7, 1988: We called Mr. Bob Harlan
State Department, in another atte-:.:tt to
gain cooperation and were told State- v. coild
not meet with us until it hears from NSC
We advised Mr. Harris that we planne ti,
send a second le:ter to them spe
asking for an initia' mectin( and a; cess to
documents
July E. 198E, We called. Mr. Patli
DEA. asking to meet. He told us that NSC
gave instructions not to meet with as until
NSC gives the -go ahead." We adease d
second letter was coni.i.g.
July 12. 1988. WE sent a second lette:.
more detailed in v.-hat WE' requested in the
way el cooperation to the Departine:Tts of
State and Justice (DEA. Criminal Di-. on
and the- E.S. Attorneys Office), and tin
NSC.
July 12, 1988: We attempted to co?-?iii 1..
our v ork at the Department of De
to this point, 4,..t had conducted a 55 of
interviews with personnel lir:oh-ea in intelli-
gence gathering and analysis in La:::-. Amer-
ica. We- had identified and requested about
100 docurnents. fit-s. reports. cables. f
that we felt IX t:re- rile-cant to ol.:!"x--vi t V..
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August 11, 1988 CONGRESSIONAL RECORD ? HOUSE H 6831
had some additional meetings scheduled
with agency personnel. We were advised by
Mr Nacho Morales. Army Intelligence and
Security Command, that NSC directed DOD
to postpone any meetings with us on the an
signment. Mr. Craig Campbell. a GAO liai-
son official with the DOD '10. confirmed
that DOD wal told to withhold contacts
altli us. Mr. Martin Sheina. DIA, told us he
could not provide documents we had re-
quested until NSC provides guidance
July 13. 1988. We sent a letter to the De-
pertment of Defense. similar to those sent
to State and Justice on July 12, 196E. asking
for a resumption of cooperation?i.e., to pro-
vide the- requested documents and to contin-
ue mee tine with us
July 13. 1988: Mr. Don Schrarnak.. Justice
liaiscn. said that the Justice. General Coun-
sel staff had been working with NSC to (le-
t elm- a response, and indieated that it
would be sent within a day or see
July 18. 1968. We received a letter from
Mr. Nieolas Roster.. NSC. deted July 13.
1968 which expressed his disappointment
that we had not narroaed the scope of the
information we- wanted and stated that the
administration is still considering our re-
quest.
Auroet 1. 198E We telephoned Mr. Levin
at NSC asaine for the statue of the re-
sponse. He aaid it as be :ng reviewed at the
Depertreent of Juntice and there was no
definite date it would he issued. He hoped it
0111C.1 be issue d b the Rek of August 8,
1981.
August 2, 1988: We advised Mr. Levin.
NSC. that Senator Kerry's staff had in-
formed us that Senator Kerry is prepared to
hold press conference about the- lack of co-
operation with GAO. I advised Mn Levin
that the Senator's staff had stated that if
we did not have guidelines by 9 o'clock a.m..
August 8. 1:188. or at least a definite delivery
date, Senator Kerry would hold a p-ess con-
lire
GENERAL. Acoomeeree OFFICE.
GE:NEE:AI GO \ ELNN:ENT
WaR):inpfOr., DC, 11?
rt Preci F. 6E1:DTI:.
Administrctor. Pianninc and In-
:pc c Menem Drup Eijc.FCCPicnt
A dmiristration. Dcpcefamett of Justice.
er MR. GFUDEN: The General Account.
114 Office, has been requested to undertake
a study of Panamanian leadee Gin. Manuel
Noriciea's alleged drug activities. The study,
undtr code 472168, will examine (1) the
broad parameters of U.S.-Panamanian rela-
tions mer the past 20 years. (2) the type of
information about Norit aa developed by
various ietclligence and lav: enforcement
reermies. (3) the extent to which this infer-
metion reached foreign peney decision-
rneeers. arid (4) the role that such informa-
tion played in decision, on U.S. foreign
policy.
This week will be performed by Mr.
Darend L. Patton. Group Ditector: Mr.
Jernes 0. Benone, Lvaluator-in-Charge: and
Mi. Jon Chasten. of our Foreign Economic
Assietaner (iroue. National Security and
lett mane-nal Affairs Di vision.
Tim work will be conducted in Washing-
ton at the Drue Enforcement Administra-
tion. the Department of State. the Depart-
ment of Defense. the Department of the
Trea,ury-. and other federal agencies. We
se .11 advise- you of any need to visit facilities
outsten the Weshineion art-a.
We appreciate your assistance- in notifying
the appropriate c-Ificials of the Fos, [.'nn-iont.
If you have any emeetionn please contact
Mr. Patton at 275-1898 or Mr. Benone at
275-7487.
Sincerely yours.
ARNOLD P. JOKES.
Senior Assorz,te Director
GENERAL ACCOUNTING OFFICE, NA-
TIONAL SECT/I:ITT ANT INTERNA-
TIONAL ATTATRS Dreams.
Washingor... DC. May, 12. 19SF
Hon PRANE C. CARLUCCI.
7'h( Secretor', oyDcfrnse
Attention' DOD Office of the Inspector
General. Deputy Assistant Inspector
General for GAO Report Analysis
DEAR ?MR. SECRETARY: The General Ac-
counting Office, has been requested to Un-
dertake a study of Panamanian leader Gen
Manuel Noreiga's alleged drug activities.
The study, under code 472165. will examine
(1) the broad parameters of U.S -Panamani-
an relations over the past 20 years. (2) the
type of information about Noriega devel-
oped by various intelligence and law en-
forcement agencies. (31 the extent to which
this information reached foreier, policy dee
cision?makers. and (I) the role that such in-
formation played in decision, on U.S. fon
eign policy.
This work will be performed by Mr.
Donald L Patton. Gro-ug Director. Mr.
James 0, Benone. Evaluator-in-Charce: and
Mr. Jon Cha.ssorn of our Foreign Economic
Assistance Group.
The work will be conducted in Washing-
ton at tin Department of Defense, the De-
partment of State, the Department of Jus-
tice, and other federal agencies. We will
advise you of any need to visit Department
facilities outside the Washing-ton area.
We appreciate your assistance in notifying
the appropriate officials of the assignment
If you have any questions, please centan
Mr. Patton at 275-1896 or tr. Benone at
275-7487.
Sincerely yours.
Neecy R.
Ass.): ia!,- D,reoto7.
GENERAL ACCOUNTINc OFF:7E. NA-
TIONAL SECURITY ANL INTERNA-
TIONAL AFL AIRS DIVISION',
Washington. DC. Kay 13, 19Si.
Mr. PAUL Scaorr
Executive Secretary National Security
Council. Old Ezecutive Office Bldg.,
Washington, DC..
DEAR MR. STEVENS: The General Account-
int) Office, has been requested to undertake
a study of Panamanian leader Gen. Manuel
Noriega's alleged drug activities. The study,
under code 472165. v011 examine (1) the
broad parameters.. of U.S.-Panamanian rela-
tions, over the past 20 years. (2) the type of
information about Noriega developed by
various intelligence and lea-enforcement
agencies. (31 the extent to which this infor-
mation reached foreign policy decision-
makers, and (4) the role that such informa-
tion played in decisions on U.S. foreign
poli,ey.
This work will be performed by Mr.
Donald L. Patton. Group Director; Mr.
James 0. Benone, Evaluator-in-Charge; and
Mr. Jon Chasten: of our Foreign Economic
Assistance Group.
The work will be conducted at the Nation-
al Security Council. the Department of
State. the Department of Defense, the De-
partment of Justice, and other federal agen-
cies.
WE appreciate, any assistance you can pro-
vide to our staff. If you have any questions,
Please contact Mn Patton at 275-1898 or
Mr. Be none at 275-7487.
Sincerely yours.
Josue! E }CELL..
Associate Threctoi.
GENERAL AcrOVNTINE OFFICE.. NA-
TIONAL SECURITY AND INTER. N ?
TioN AL AFFAIP.S DIVISION.
Washington, DC, May 13. 15SL
Hon. GEORGE P. SHULTZ..
The Secretory of State
(Attention- GAO Liaison. Office of th,
Comptroller.)
DE.AE Mi.. SerarrAr le The Genera! Ar-
counting Office, has been requested to un-
dertake a study of Panamanian leader Gen.
Manuel Noriega's alleged drug activities.
The study, under code 472165. will examine
(1) the- broad parameters of U_SePanamani?
an relations over the past 20 years. (2) the
type of information about Noriega devel-
oped by variou intelligence and haze -en-
forcement agencies, (3) the extent to which
this information reached foreign policy
siorunakers. and (4) the role that suet: infor-
mation played in decisions on U.S.. foreirn
policy.
Thi, work will be performed by Mr.
Donald L. Patton. Group Director, Mr.
James 0. Be-norm, Evaluator-in-Charge; and
Mr. Jon Chasson: of our Foreign. Economic
Assistance Group.
The work will be conducted in WELStinf -
ton at the Depaetroent of Stare, the Depart?
merit of Defense, the Department of Jus-
tice. and other federal agencies We will
advise you of any need to visit State Depart-
ment facilities outside the Washington area.
We appreciate your assistance in notifying
the appropriate officials of the assignment.
If you have any questions, please contact
Mr. Patton at 275-169E or Mr. Benone at
275-74F.1.
Since rely. your:,
JOSFJ- E E. E a'
GENERA: ACCCUNTINC OFFICE.
GENERAL GOVERNitENT Laielame.
tinshincnor. DC, Kee /C.
Mr. JOHN C. E.EENEY.
Aisistant Attorney, Gene-rat Crarnancl Dien
:eon, Department of Justic. Wesat
lip-
ton, DC.
DEAR MR. KEENF:y: The General Aeccunt-
ing Office, has been requested to undertake
a study of Panamanian leader Gen. Manuel
Noriega's alleged drug activities. The study,
under code 472165. will examine (1) the
broad parameters of U.S.-Panamanian rela-
tions over the past 20 years, (2) the type of
information about Noriega developed by
various intelligence and las -enforcement
agencies, (3) the extent to which this infor-
mation reached foreign policy decnion?
makers. and (4) the role that such informa-
tion played in decisions on U.S. foreign
policy.
This work will be performed by Mr.
Donald I.- Patton, Group Director; Mr.
James 0. Benone, Evaluator-in-Charge; and
Mr. Jon Chasson; of OUT Foreign Economic
Assistance Group, National Security and
International Affairs Division.
We would like to meet with knowledgeable
Criminal Division officials. We also plan to
conduct work at other Department of Jus-
tice offices. the Department of Defense. the
Department of State, and other federal
ageneies.
We appreciate your assistance in notifying
the appropriate officials of the assimriment.
If you have any questions, please contact
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Ti 6852 CONGRESSIONAL RECORD ? HOUSE August 11, 1988
Mr Patna: at 275-1896 or Mr. enone at
275-1487.
Sincerely yours,
ARNOLD P. JONES.
Senior Associate Director.
GENEF.AL ACCOUNTING OFEICE.
GENERAL GOVERNMENT DIVISION.
Washington, DC. May 16, 1988.
Mi. MANUEL RODRIQU=.
Legal Counsel. Executirc Office for U.S. At-
torneys. Department o.f.fustice.
DEAF MR. RODRIQU Th E- GeTIETTO Ate
coating Office, has been requested to under-
take a study of Panamanian leader Gen.
Manuel Noriega's alleged drug activities.
The study, under code 472165. will examine
Ui the broad parameters of U.S.-Panamani-
an relations over the past 20 years, (2, the
type of information about Noriega devel-
oped by various intelligenee and law-en-
forcement agencies, (3) the extent to which
this information reached foreign policy deci-
aienmakers. and (4) the role that such infor-
mation played in decisions on U.S. foreign
policy.
This work will b6 pe-rformed by Mr.
Donald L. Patton. Group Director; Mr.
;lames 0. Benone ? Evaluator-in-Charge; and
Mr. Jon Chasson: of our Foreign Leonomic
Assistance Group, National Security and
international Affairs Division.
We would like to rne et with the U.S. At-
torneys in both Miami and Tampa, Florida.
who have brought indictments against Gen.
Notices to discuss the genesis of the indict-
ments, identify other people that a e should
talk with, and obtain information about the
cases. We also plan to conduct work at other
Department of Justice offices, the Depart-
ment of Defense, the Department of State,
and other federal agencies.
We appreciate your assistance in notifying
the appropriate officials of the assignment.
II you have any questions, please contact
Mr. Patton at 275-189a or Mr. Benone at
e7a-7481.
Sincerel yours.
JOHN Aare RSON,
AF.Ncir. P. JONES.
?DC-7(:.(C Di 7eCiOr.
GENERAL ACCOUTIN:. On ICE NA-
TIONAL SE7U5IT Y AND INTERNA-
TIONAL AriA1P.S DIVISION.
WCSU ricton. DC. Mop 24. 1968.
Hon. WILLIAM H. WEBSTEF..
D.rector, Central Intilligcnce Agency.
Attention: Director, Office of Legislative Li-
aison.
DEAR MR. WEESTEF.7 The General Accout-
ine Office, has been re-quested to undertake
study of Panamanian leacaar Gem Manuel
Noriege's alleged drug activities. The study,
ander code- 472165. will examine (1) selected
andects of U.S.-Panamanian relations over
the meat 20 years, (2) the type of informa-
tian about Noriega dc veloped by various in-
telligence and law-enforcement agencies, (3)
the extent to which this information
reached foreign policy decisionmakers. and
(4) the role that such information played in
ciecieions on U.S. foreign policy.
This work will be performed under the di-
rection of Nancy R. Kingsbury. Associate
Director by Mr. Donald L. Patton, Group
Director: Mr. James 0. Be-none. Evaluator-
in-Charge: and Mr. Jon Chasson; of our For.
ign Economic Assistance Group.
The work will be conducted in Washing-
ton at the Department of State, the Depart-
ment of Defense. the- Department of Jus-
nee, and other federal agencies.
We would like to meet with Agency repre-
sentatives to discus; these issues and obtain
the- Aaenessas pc rspective on them. We ap-
preciate any assistance you can provide to
our staff in this regard. If you have any
questions, please contact Mr. Patton or Mr.
Benone at 275-5790.
Sincerely yours..
FRANK C. CON AN Al.
Assistant Comptroller Genera!
GENERAL ACCOUNTING OFFICE NA-
TIONAL SECURITY AND INTERNA-
TIONAL AFFAIRS DIVISION.
Washington. DC. June 23, 1981.
Mr fi. rICHOLAS ROSTOV:,
Special Assistant to the President cr.d Legal
Advisor. National Secur-iti; Council.
DEAR MR. Rosrow: As you are aware. St re
ator John Kerry, Chairman of the Subcona
Mittel` on Terrorism. Narcotics, and Interna-
tional Operations and Representative Bill
Alexander, are concerned that information
about illegal activities by high-level officials
of other nations may not be adequately con-
sidered an U.S. foreign policy decisions. At
their request, the General Accounting
Office is undertaking an initial case study of
how information about General Noriega was
developed by various government agencies.
and what role such information played in
policy decisions regarding Panama.
To satisfy this requent. we will.
(1) Obtain an agency overview. At each
agency that develops relevant information
on General Noriega or his possible involee-
ment in illegal activities, we will receive a
briefing that outlines the general organiza-
tional structure and the operational proce-
dures related to the agency's data collection.
analysis, and dissemination systems.
(2) Interview relevant personnel. Once we
understand the basic organizational struc-
ture, we will then interview key personnel
responsible for (1) defining agency informa-
tion needs with regard to Noriega and
Panama, (2) implementing the information
collection process, (3) collecting and report-
ing raw data, and (4) analyzing and disserni?
nating data on Panama and Noriega.
(3) Review documents. As AVE learn more
about each agency's collection and reporting
processee. we will request relevant docu-
ments. WE anticipate that thce will in-
clude: specific directives, instructions. or
tasking; to collect data on Not-leer; or al-
leged illegal activities involving Noriega.
cables and reports from field offices regard-
ing Noriega's involvement in or toleration of
illegal activities, analyses or summaries of
field reporting on Noriega, and geographic/
subject-area studies discussing the role or
suspected role of Noriega in illegal activi-
ties,.
(4) Examine the use of information about
Noriega in the foreign policy process. After
completing a systematic review at each
agency, we will attempt to determine how
agency reporting on Noriega may have in-
fluenced foreign policy decisions on
Panama. We will first identify the agencies,
organizations, and individuals who play a
role in deciding national security and for-
eign policy issues with regard to Panama.
Through interviews and a review of relevant
documents, we will determine whether in-
formation about Noriega reached them, and
how that information was used in making
decisions.
As part of our review, we will contact ap-
propriate officials of the National Security
Council who are now or were in the past in-
volved in policy decisions regarding
Panama. We intend to discuss their knowl-
edge and utilization of information concern-
ing General Noriega's illegal activities.
We understand that this review will in-
volve potentially sensitive material that
may require special controls and safeguards.
We are willing to discuss this issue with you
and take appropriate precautions.
Mt. LPVils indicated that you would
handle this request expeditiously. and I
look forward to hearing from you earls- next
week. If you have any additional questions
about our review, please contact Mn. Patton
at 275-1898 or Mr. Benone at 275-7487.
Sincerely yours.
NANCY R. KINC,SBURN
Associate Direct' ,.
GENERAL ACCOUNTING OFFICE. NA
TIONAL SECURITY AND INTIE NA-
TIONAL An-AIRS DIVISION.
Washing/or.. DC. JCL 12. 1981
Mr. LAW F.FNCE S. MCW' OF.TER
Director. Executive Office for U.S. Ate,-
net's. Department of Justice. WcsFirnc-
ton, DC.
DEAR Ma. McWeiorrare As we informrd
your staff in our letter of May 16, 1988. the
General Accounting Office is undertaking a
case study of how information about Gener-
al Noriega was developed by various govern
ment agencies, and what role such informa-
tion played in policy deciaione reeardini
Panama. As agreed with your staff, we ini-
tially postponed audit work at thr Jusner
Department until we had met la Nsnonal
Security Council offaiala to more en'
plain our review objectives and gist them an
opportunity to coordinate agent) partic ;pee
tion in our review. However. because the Na
tional Security Council has no: acted. and
because of the high level of congressional
interest in this assignment, we must now im-
plement our review- independently at each
agency.
We are therefore requesting that you pro-
vide us with the following:
I. Documents outlining the organizational
components involved in. and the opt rational
procedures related to the U.S. Attorney re-
quests for and analysis of foreign intelli-
gence data.
2. Documents relating to the im esties-
tions of alleged drug trafficking by General
Noriega conducted by the U.S. Attorneys in
Miami and Tampa.
3. Any memas, report:. analyse., studies.
briefing papers. meeting records. or other
documents generated by the office of tia
U.S. Attorneys which discuss all( gtions of
Illegal activities by General Neriegn. and
interagency communic-ations on these mat-
ters.
We anticipate that as our review pro-
gresses, we will make additional requests for
document at ion.
To facilitate our review, we request that
appropriate officials meet with us at an
opening conference no later than July 2e.
At that time, we will establish a schedule
for obtaining the needed documents
With the input and cooperation of U.S
Attorney officials, I am confident that vre
can successfully complete our revitw in a
timely manner.
If you have any additional question;
about our review, please contact Mr. Donald
L. Patton at 275-1898 or Mr. James 0.
Be-none at 275-7487.
Sincerely yours,
NANCY R. KINCSEI,FY,
Associate Dircetor.
GENERAL ACCOUNTING OFFICE. NA-
TIONAL SECURITY AND INTERNA-
TIONAL AFFAIRS DIVISION,
Washington, DC, July 12. 1981.
Mr. EDWARD S. DENNIS,
Assistant Attorney General. Criminal
Din-
sion. Department of Justice, Washing-
ton, DC.
DEAR MR. Deegis: As we informed your
staff in our letter of May 16, 1988. the Gen-
eral Accounting Office is undertaking a case
study of how information about Genera:
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August 11, 1988 CONGRESSIONAL RECORD - HOUSE El 6S53
Noriega was, developed by various govern-
ment agencies. and what role such inforrna-
him. played in policy decisions regarding
Pi.naTTIR We- initially peottponed audit work
at the- Justice Department arid several other
government agencies until ake had met with
National Security Council officials to more
fulaa explain our review oloectmes and had
viten them an opportunita to coordinate
-
Heerlen' participation lr, our re view. Howe% en
liecaus, the National Se-runty Council has
not sated, and because of the high level COI,
? ianal interest in this sealanment. ace
must noa. implement our re Vie-V incieperici-
ently at each rummy.
We are therefore reoue-.t:::a that you pro-
vide us with the following
1. Do-aumenta outhninp the organizational
components involved ine and the operational
procedures related to. the Criminal Divi-
sien'a development of law enforcement in-
formation and its requests for and analysis
cif foreign intelligence- data provided by the
varanu, collection agencies.
2. Any memos, reports. analyse, studies.
bra firm papers., ITIef ung records or other
doatiments generated by the D;visiOn which
disauss allegation., of illegal set ivit its bY
General Noriega or the poaaibic impact of
such activities on U.S relations with
Panama
We anticipate that as our review pro.
greases. we will make additional requests to:
documentation.
To facilitate our review. we request that
appropriate officials me-et with Us at an
opening conference no later than July 20.
At that time, we will establish a schedule
for obtaining the needed documents.
With the input and cooperation of Crimi-
nal Division officials. I am confident that we
can successfully complete our review in a
timely manner.
? If you have any additional questions
about our review, please contact Mr. Donald
L Patton at 275-1895 or Mr. James 0.
Re none at 275-74E7.
Sincerely yours.
Nary R. En,: ..1:1"1?1.
.A.F:ociot( rc:?tc,r.
Oran aa ACCOI-NTINC.
SECZ'F.ITY ANT
TIONAL ATI ti- Divi
Washingto% DC, Ji.1-,? 12.
M? ions C. LAWN.
D-44' ET.A.TCC77:ClIt. Ad7,. i 'Tc!
WC;:.7igiOt. DC.
131_,S MI.. LAWN: A7 we informed your
ataff in our letter of Ma; 11. 114E. the Gen-
eral Accounting Office is undertaking a Case'
study, under code- 472165. of how informa-
tion about General Noriega was developed
by various government agencies,. and what
role' such information played in policy deci-
sions reaarding Panama At the request of
yearr staff, we initially postponed audit work
at. the Drug Enforcement Administration
um a v. f- had explained our Fes icv, objectives
to the National Security Council and had
gnen them, an opponunity to coordinate
tiff executive agency participation in our
re view . lanai-vet, because the National Secu-
rity Councn has not arted. and because of
tlic high level of congresaioatil interest in
this assiernment, we must now implement
OL'." re viav independently at each agency.
V.a
are therefore TCQUi .r7j'.::f: that DEA
loc.:aide- us with:
1. Daeomients outlining the oraaniaat lona!
straraore and the operational p: oc-c-ct,x.eF re -
late:: to DEA' s develoament of law enforce-
rrnat information and its foreigi. hoein-
g EOM( data collection analysio end diaserni-
n: 'is:. systems.
2. Doi.ununt, whirl-. Establish DEAS pro-
ceciores for nt defining, iceman: ITITE-1:4't
larann: .
on needs with regard lc Ciencral
ro gat and Isanisna, a.; iinalementine the.
Information collection process. lc) collect-
ing and reporting rau data. and (d) analyz-
ing and disseminating data on Panama and
General Noricpa.
3. Specific directives. instructions, or tack-
Ings to collect data on General Noriega or
his alleged illegal activities. cables and re--
ports from field offices regarding his in-
t-elven-lent in or toleranon of Itle gal Len\ a
ties. analyses 07 summaries of field report-
ing on him. and geographic. 'subject-area
stiicher discussing his roie or suspected role
Ii illeaal aatit flies
Te faulliaate our 11". It-17 . we are requesting.
art opening conference with appropriate of-
ficials no later than July 20. At that time.
we will more fully discuss the specific pa-
rameters of our audit work and establish a
schedule for obtaining the needed docu?
mm nt s.
With the. input and cooperation of DEA
officials. I an. confide lit that we- can succeso
fully complete our re view in a timely
manner.
If you have any add;:ional question,
about OUT re-tic-ay. plc contact Mr. Donald
L. Patton at 275-1891. Or Mr. James 0.
Beaom at 275-74E7.
rly your:
NANCY R. KINCSITRY.
ilsociatr Directo7.
GENEF..11. ACCOUNTINCi OFFICE. NA?
TIONAL SECUEITY AND 1NTEF.NA-
TIONAL AFFAIRS DIVISION,
Washinotaa. DC. July 12. 198l.
MT. PAUL SCHOTT STEVENS,
Executive Secre(ary. National Security
Council. Old Executive Offzcc Building,
Washington. DC.
DEAF. MR. STEVENS: As we Informed you in
our letter of May 13, 1968. and Mr. Rostow
In our letter of June 23. the General Ac-
counting Office is undertaking a case study
of how information about General Noriega
was developed by various government agen-
cies. arid what role such information played
in policy' decisions regarding Panama. At
the request of the National Sc curl: y Council
staff. we- initially postpam d audit work at
the Counall and sea era) othe r gate-Teal-lent
ern nciea until we had met with them to
more fully expl'-'n our re-vie-a Ot.:?(TLIVE..- and
had given then-i an opaartunity to coard.-
nate- agency partieipation in our review.
However, because we have not received a re-
sponse to our letter of June 23, and because
of the high level of congressional interest in
this -assignment. we must now implement
our review independently at each agency.
We have sent requests to each agency.
asking that appropriate officials meet with
us to establish a timetable for collecting and
reviewing relevant documents. We ask that
the National Security Council provide us
with:
1. Documents outlir.ing the organizational
structure and the- operaticac.l procedure: re-
lated to the National Securita Council's rc--
quests for and analysis of foreign intelli-
gence data provided by the Various collec-
tion agencies.
2. Any memos, reports analyses. studies,
bricf.na papers. meeting records, or other
documents generated by the National Secu-
rity Council staff otich discuss allegations,
of illecal RC.iVititS by Generf.1 Noriega and
tin- possible impact of such activities on
U.S. relations with Panama.
Naa.- amicipatc. that 5, our re-tieW pie/-
presses, we will make addarenal requests for
document i an.
To facilitate our revic . recuest that
appropriate officials rro et with us at an
opening- conference no later than July 20.
At that time. we will establish a scliedale
Icy olo airline the- neede d dart uments,
With the input and cooperation of Nat it,
at Securita Council officials. I ern confoi,
that we can successfully comp', it ea,
review in a timela manner.
If you have any additional gin-at on.
about our re tie-w. please contaet MI Donaio
L Patton 275-1898 or Mt. Ji.I111,
Be none at 275-7487.
SiTi!"e?Te.iy yours..
NANCY R. KINGSPI-I.Y.
ASSOC7Ciff Dirt
OLNEF.A:. ACCOI-NTINC. OFFICE N;
SECT:PITY ANI. INTEI sic
TIONAL AFFAThS DIVSION,
Washington. DC. Jult 12. lf,H
Hoe Gacorat P. SHT7LTZ.
The Scrrac r.2.? of Staff. ?
(Attention- GAO Liaison, ()lime cif ti'
Comptroller.)
Dar Mr St:CFI-TARA : As we informed yea
In our letter of May 13. 1988. the Gene ria
Accounting Office is undertaking a can,
study. under code 472165. of how informis
tion about General Noriega was, de: clip' d
by various government agencies, and v. ha'
role, such information played in policy (ten-
sions regard:ng Panama. At the re-quest of
your staff, we initially postponed audit Woci.
at the State Department until we had ca-
ptained our review objectives to the Nation-
al Security Council and had given then. RT.
opportunity to coordinate the execota
agency participation in our review. Howe
because the National Security Council has
not acted, and because of the high ler( I of
congressional interest in this assignment, we
must now implement our review independ
entla at each agency.
We are therefore requesting that the
State Department provide us with:
1. Documents outlining the- organiaational
structure and the operational procedures re -
lilted to the State Department's foreign in-
telligence data collection, analysis, and dna
serninat ion systems.
2. Documents which establish the Staa.
Deparionenz's procedures for ern d! ina.--
foream int elligenee information ne , ti-
regard to General Noriega and,
imple menia a the information cola :
procean ea; coliectinp and rmaartirae tio
data. and ed., analyzing and d.00.nneana.
data or: Panama and General Noneara
3. Specific directives, instructions. or ta,
ings to collect data on Genera! Norit gr
his alleged illegal activities, cables and re ?
ports from embassies regarding his involve-
ment in or toleration of illegal Rent itico
analyses or summaries of field reporting cm
him, and geographic/subject-area stud.cs
discussing his role or suspected role in ills
? activities.
We anticipate that many of these, docu-
ments arc available within the Offices of
the Assistant Se-aretary of State for Intro
American Affairs, the Assistant Seer(
for Intelligence and Research. and the A'-
Set tnt for Narcotics Matters.
To facilitate our review, we- arc re que stiaa
an opening conference with appropriate, of-
ficial no later than July 20. At that tin::
we- wilt more fully discuss the specific pa-
rameters of our audit work and establish a
schecale to: obtaining the needed do:a-
rm-ran
Oa input and cooperation of Stat.
Department. officials. I am confide-nt that
we can successfully complete our re-tier. in a
time ly manner.
If yoa have any additional questioas
abcast our review. please contact Mi. Ddnald
L Patton at 275-1698 or Mi. James 0.
B: net's- at 275-7487.
Siac-erela yours.
NANC1 R. KINGSLI'l Y.
LiAs5o"ic. ti 'i:
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11 6854 CONGRESSIONAL RECORD ? HOUSE August 11. MSS
GENERAL ACCOUNTING ?MICE. NA-
TIONAL &MUTT Ain) /NTEENA-
TIONAL Areatas DIVISION,
Washington, DC. Julp 13, 196E.
HOS.. PLANE C. Caturcci.
Tti Secretcry oDfns
(Attention. DOD Office of the Inspector
General. DE put Assistant Inspector
Giro rat for GAO Report Analysis a
DIAL Mt_ SECVVIM. Y. As we informed you
our letter of Ma:. 12. 19C;lia the General
Ata-ce:ntiae Offlei 15 or:di:taking a cah
? utiv . under code 4i21?1, of how it-Jon-na-
il:h. about General NOTIcra was developed
to various. government agencies. and what
role such information played in policy deei-
a;oris regarding Panaara With the coopers-
tin of Di partment of Defense officials. in-
cludine those from the military services and
other Dtlense seenciea, sic have alreadymade substantial progress toward achieving
our reviea objectivea. Howe; er, we were ad-
vised on July 12. 19F.-E, that these offitials
have been directed to postpone meeting
with us and providing us with documents
until the National Security Council provides
guidance- on the extent that the Depart-
meht Shoald participatE in our review
Since tratiatine this: review, we have fully
bra fed the National Security Council staff
C?. our review objectiveas and methodology
and allowed them time to provide guidance
to executive branch agencies. However, be-
cause- the Council has no: issued such guid-
arra- and because of the high level of con-
grea.sional interest is. this assignment. we
have advised the Council that we must now
Implement our review independently at
each agency.
Wc are therefore requesting that the De-
partment resume cooperating with us on
this assignment and provide us with docu-
ments we need to accomplish our review ob-
k; tives In addition to the documents that
? already have requested. we need to
1. Cal,les and inteli,i7ence reports generat-
ed by. Or if. the pozsesaiar. of. the Depart-
tient of Def. and i Vari01:5 cc,:nporients
V. hicl, ?:;;-] hi: hl-
VT+ ?L-
Any other rr....rina. report..,
brie-fu: pap,: az. meeting recorda.
cmesj:' ot recorded information
? neraiesi by, or h.-1 the possession of, the
Depisrtnierit or its c.z.r.-..r.onems which
dis-
(U-- alit ( atiom of illegal activities by Gen-
N.' Not it gri and the- pay-stria impact of such
on U.S. relations with Panama.
7-c facilitate our review, we would appreci-
ah bating advised in writing no later than
Jul:. 20. 19:1E, of your intended action on
thi.- matter.
Witi, the De-partinent's renew-ed coopera-
tion. I are. confid-snt that i.e can successful-
ly compli le our ri.v.1( vs in a timely manner.
It you have tahy arldaional questions
about our review, plea,--e concur: Mr. Donald
L Patton at 2';!?---1Ei-E or Mr. James 0.
Ile-raone at 27S-147.
Sincere ly yours
NAN zy R. KINGSEURY.
AsS.Oci,Gtc Dirccler.
EN CLC,S-.21:.F 111
KilIONAL SLCUPITY CoUNCIL.
thcsaingtoe. DC, July 12 19,7.6
NANCY R. EINGSSUF.y.
? (+Ciatr. Director, Ncticric7 Scezzritv and
fide:national Affcir:. Genera?
A coo:hi ino Office, V.'hshinaion, DC
DIAS. MS. KINGSEVEY: I Er.,1 writing in re-
sponse to your request concerning a study
of the alleged drug activities of Manuel Nor-
ieca, and the role information about such
a-tivities plisyed in deciFiorr, about U.S. for-
( pliry- (St tidy 42105).
As described in Mr. Kelly's May 13, 198E.
letter to Paul Stevens and your June 23.
198E. letter to me', your request seeks access
to senaitive- lau enforcement and
genre files cove-ring a substa-atiai period of
time. In our meeting your staff confirmed
that your three- area- of frtA-rea' were intil-
lire-nee files, la n enforcente-n: fih.c. and tht-
cif procesi- of Executite
branch. including internal carnmunicatitias
and &liberations leadan to Lxectithe
branch aettora, tal:;en pursuant ta the Prei ]-
dent's conatitutional author:'?. I was diriap.-
pointed that your letter dad tat: ccrtam any
narrowing of the. request. The re-quest raises
important statutory and cora=aitutioncgl
issues. The Administration is anlayzinc
thorn now. and when its delft.'-ration Is com-
plete. I shalt reply further tc your letter of
June 23-, I9F,L.
Sincerely.
NIMIGLAS ROSTOV:.
Specic.? Ascstcnt to the- Preizlezzt
and Le;z: Adz ise.r.
ENCLOSURE. IV
CENTIAL INTELLIGENC1 A Gra:
It'ashinctora DC. Jure 13. 196E.
Mr. FANK C. CONAHAN,
Assistcnt Comptroller Genera: Notiona/ Se-
curity and -/nternaziona: Al.fairs Divi-
sions, General Accountin; Office, Wash-
ing!on. DC.
Dries ME. CONAHAN: The arectar has
asked me to respond to your letter of 24
May 198 that described the General Ac-
counting Office's investigation of allega-
tior.s made against General Noriega of
Panama.
All Agency activities in central America,
as well as information we receive concerning
other U.S. Government activities in the
region, are subject to close and continuing
scrutiny by the House and Senate Intelli-
gence Committees. Furthermore. any a.sat-s--
merit of policy-related ouesuans should be
directed te, the appropaiate conarachents of
the Executive Branch, such as the Depart-
me eta of State and Defe.rist.
I an. sorrry this: w-e cannot 1., more help-
ful it; flit: cue
Jour: L. RELCERSON
D:rec(or of Cor:gressicrza: Affc: ire
DEFASTIvi-N7 Cr STATE,
R'asliincton, DC. A14-z..r: 2, 19,6E.
NANCY KINGSEUEY,
Assc,rictc D,rector, General Accounting
Office, Nation& Sec-Lira:a cad interna-
hove! Affairs Theision.
DEAF. MS. RINOSLUF.Y: I am plez-i--tal to re-
spond to your July 12 letter on the pro-posed
care study ycur office is under:ail:iv about
how U.S. gc-,-.:rnment a:gene:ea Lsd Lnfor-
rnatior about General Noriega is. its policy
detasions re-carding Panama.
As you art as are. the National Security
Council staff and the Office of 17.-nitt House
counsel have been v.orkine closely with your
office on this investigation. Al] executive
branelt s.eencits have been instructed by the-
White House not to take any action en your
reatieat until various kent iscace hsae been
analyzed by the- Adrilinistratiors. According--
ly. at the pres'ent time it will nor be pOssible
for the Department to meet won your staff
or produce information until this exanOe--
titan is completed. For the time being. Nich-
olas Rostow, Legal Adviser to the National
Security Council, is acting as it adminis-
tration's point of contact on this ma' Cr
Sincerely,
Roots. F. Fehrataa.
Coreafrohre
Mr. QUILLEN. Mr. Speaker, I yield
3 minutes to the gentleman from Cali-
fornia (Mr. DORNAN).
Mr. DORNAN of California. Mr.
Speaker. I passed an amendment in
the Crime Subcommittee and in the-
full Judiciary Committee that was bi-
partisan. and noncontroeersial. about
these clandestine drug labs, which are
a particular problem in my beautifull
State of California. ail" to California's
size and its ability to grow- almost any-
thing, the domestic growing of illegal
crops has become a real problem. More
ominous though are the hidden drug
labs that sometimes are defended with
booty traps, including high explosives.
It is a tragic situation, recognized by
all to the extent that everybody on
the subcommittee and on the major
committee said that my legislation or.
clandestine labs was fine and despara-
tely needed.
Because of a jurisdictional dispute-.
and only because of that, my language
was taken out of the final bill pro-
duced by the Rules Committee.
Last night, however, in the Rules
Committee they agreed to allow me to
offer my language again as an amen-
dent, when we take this bal up again
in September. I am still put at a disad-
vantage by these actions, however, as
It will appear that I am trying to alter
the original language of the bill. This
Is always an uphill battle.
I would just like to read a statement
that I put out to the Rules Committee
yesterday explaining my point of view.
0 1115
This was hand delivered last night to
Bon. CLAUD!' PEPPEI::
CEA:Rh:AN. Or.,]y M3rr.C:1:1,.. sac. I
bera-^o aware that the Rule, Coma-it:Pe,.
dreg : languare
tine Drug Lab:irat-ories. In Subisi B of tEl
VI. This language was accepted by the ma-
jority staff of the Crime Subcommittee ever:
before- subcommittee markup occurred. This
language then survived markup before the
full Judiciary Committee without amend-
ment. In short, Mr. Chairman, this provi-
sion to establish a Task Force on Clandes-
tine Drug Laboratories has always enjoyed a
significant bipartisan support in Congress
and within the Drug Enforcement Agency.
Let me add that the DEA is anxious.
very anxious to get this language in
the legislation, since they are the
major repository of the chemicals used
In these drug labs:
are. chsr.ppointed, to say the leash., that
the Rules Committee would circumvent the
committia p:00Css which I have followed SG
diligently.
I am grateful to the Rules Commit-
tee that this was corrected:
It is my understanding that the language
vu be allowed ES an amendment to the
drug bill during floor debate. I would cer-
tainly hope that I would at least be granted
this opportunity.
Mr. Chairman. I certainly hope that you
can sec your way clear to either reinstating
my language. ? ? ?
And he did that. I would like to
thank him for it. I look forward to of-
fering it on the floor in September.
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54
(2) Paragraph (1) does not limit the authority of the Secre-
tary to expend Federal funds to administer and provide over-
sight of the clinical laboratory certification process.
An amendment to be offered by Representative Alexander of
Arkansas or his designee to be debatable for not to exceed 20
minutes, equally divided and controlled by the proponent of the
amendment and a member opposed thereto.
Page 402, after line 25, insert the following:
TITLE XI?INTERAGENCY COOPERATION RELATING TO
INFORMATION ON ILLEGAL FOREIGN DRUG ACTIVITIES
SEC. 11001. SHORT TITLE.
This title may be cited as the "Anti-Stonewalling Act of 1988".
SEC. 11002. INTERAGENCY COOPERATION RELATING TO INFORMATION
ON ILLEGAL FOREIGN DRUG ACTIVITIES.
(a) IN GENERAL?Any officer or employee in the executive
branch of the Government, who, in the course of the official duties
of such officer or employee, obtains information about illegal for-
eign drug activities shall promptly furnish such information
through the head of the agency in which the officer or employee
serves or is employed?
(1) to the head of any other agency designated under subsec-
tion (b); and
(2) upon request of a committee of the Congress or of the
Comptroller General, as the case may be, to such committee or
to the Comptroller General.
(b) DESIGNATIONS.?Not later than 60 days after the date of the
enactment of this Act, the President shall?
(1) designate agencies involved in the formulation of United
States foreign policy or the enforcement of Federal drug laws
to receive information under subsection (aX1); and
(2) notify the Speaker and the minority leader of the House
of Representatives, the President pro tempore and the minori-
ty leader of the Senate, and the Comptroller General of such
designations.
The President shall review such designations once each year and
may, on the basis of the review, change any designation, with noti-
fication as provided in paragraph (2).
(c) NOND1SCLOSURE.?Except with respect to the disclosure of in-
formation to the General Accounting Office, notwithstanding sub-
section (a), the head of an agency may withhold the disclosure of
information that, as determined by the head of the agency?
(1) may jeopardize a United States foreign intelligence or
counterintelligence activity or source;
(2) may jeopardize a law enforcement investigation; or
(3) may adversely affect the national defense or security of
the United States.
The authority to make such a determination may not be delegated.
Any such determination shall be communicated in writing to the
President, who may direct the head of the agency to furnish the
information under such procedures and safeguards as the President
may specify.
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authority of the Secre-
lister and provide over-
:ion process.
sentative Alexander of
? for not to exceed 20
y the proponent of the
g:
'ION RELATING TO
DRUG ACTIVITIES
newalling Act of 1988".
ATING TO INFORMATION
"ITIES.
oyee in the executive
rse of the official duties
iation about illegal for-
nish such information
the officer or employee
esignated under subsec-
the Congress or of the
?e, to such committee or
after the date of the
?. formulation of United
It of Federal drug laws
(aX1); and
ity leader of the House
?mpore and the minori-
troller General of such
)ns once each year and
designation, with noti-
to the disclosure of in-
e, notwithstanding sub-
hhold the disclosure of
1 of the agency?
foreign intelligence or
investigation; or
1 defense or security of
may not be delegated.
cated in writing to the
agency to furnish the
guards as the President
55
(d) APPLICABILITY OF SscrioN 716 OF Trrix 31, UNITED STATES
CODE.?If information requested by the Comptroller General under
subsection (a) is not furnished within a reasonable time, section 716
of title 31, United States Code, shall apply to such request
(e) DUTY OF THE PRESIDENT.?In the event the President with-
holds information from a committee of the Congress for any of the
reasons set forth in subsection (c), the President shall transmit in
writing to the chairman and ranking minority party member of
such committee a statement of the reasons for the decision. If the
information concerns a United States foreign intelligence or coun-
terintelligence activity or source, the President shall promptly
inform the chairman and ranking minority party member of the
Permanent Select Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intelligence of the
Senate of the nature of the information withheld. This section does
not waive or otherwise alter any right or procedure that the Con-
gress or any committee of the Congress may otherwise have to re-
ceive such information.
DEFINITIONS.?As used in this section?
(1) the term "officer or employee in the executive branch of
the Government" means an appointed officer in the executive
branch of the Government, an employee in the executive
branch of the Government, and a member of a uniformed serv-
ice; and
(2) the term "agency" means a dependent, agency, or estab-
lishment in the executive branch of the Government.
0
?
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'.?.
41,
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100TH CONGRESS { REPORT
2d Session HOUSE OF REPRESENTATIVES 100-861
PROVIDING FOR THE CONSIDERATION OF A BILL
RELATING TO THE OMNIBUS DRUG INITIATIVE
AUGUST 10, 198i-.--Referred to the House Calendar and ordered to be printed
Mr. PEPPER, from the Committee on Rules,
submitted the following
REPORT
[To accompany H. Res. 521]
The Committee on Rules, having had under consideration H. Res.
521, by nonrecord vote, report the same to the House with the rec-
ommendation that the resolution do pass.
The following are the amendments made in order under H. Res.
521.
An amendment to be offered by Representative Wortley of New
York or his designee to be debatable for not to exceed 10 minutes,
equally divided and controlled by the proponent of the amend-
ment and a member opposed thereto.
On page 10, after line 21, insert the following:
SEC. 1010. TRANSFER BY GOVERNMENT AGENCY OF RECORDS TO THE
DEPARTMENT OF JUSTICE FOR CRIMINAL INVESTIGATION.
Section 1112 of the Right to Financial Privacy Act of 1978 (12
U.S.C. 3412) is amended by adding at the end, thereof the following
new subsection:
"(f) Nothing in this title shall apply when financial records ob-
tained by an agency or department of the United States are dis-
closed or transferred to the Attorney General upon the certifica-
tion by a supervisory level official of the transferring agency or de-
partment that there is reason to believe that the records may be
relevant to a violation of Federal criminal law. Records so trans-
ferred shall be used only for criminal investigative or prosecutive
purposes by the Department of Justice and shall, upon completion
of the investigation or prosecution (including any appeal), be re-
turned only to the transferring agency or department.".
19-006
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