LETTER TO JOHN N. MCMAHON FROM ROBERT R. SIMMONS

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June 17, 1982
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Approved For Release 2011/01/13: CIA-RDP86B00885R000600960001-5 BARRY GOLDWATER. ARIZ., CHAIRMAN DANIEL PATRICK MOYNIHAN, N.Y., VICE CHAIRMAN JAKE GARN. UTAH JOHN H. CHAFES. R.I. RICHARD O. LUGAR, IND. MALCOLM WALLOP. WYO. DAVID DURENSEROER, MINN. WIWAM V. ROTH. JR., DEL. HARRISON H. BCHMITT, N. MEX. WALTER D. HUDDLESTON, KY. JOSEPH R. BIDEN. JR.. DEL. DANIEL K. INOUYE. HAWAII HENRY M. JACKSON. WASH. PATRICK J. LEAHY, VT. LLOYD BENTSEN, TEX. ' 1 Cnff ea . `.cif of ez Zenate HOWARD N. BAKER. JR., TENN., EX OFFICIO ROBERT C. BYRD, W. VA.. EX OFFICIO ROBERT R. SIMMONS. STAFF DIRECTOR ABRAM N. SHULSKY, MINORITY STAFF DIRECTOR SELECT COMMITTEE ON INTELLIGENCE (PURSUANT TO S. RES. M. 94TH CONGRESS) WASHINGTON, D.C. 20510 June 17, 1982 The Honorable John N. McMahon Deputy Director of Central Intelligence Central Intelligence Agency Washington, D.C. 20505 Let me join the Chairman in congratulating you on your appointment to the important position of Deputy Director of Central Intelligence. At your swearing-in ceremony, I noticed a good many family members among the crowd. It occurred to me that they might like to have some souvenir copies of the Congressional Record dealing with your nomination. I have enclosed erewith 25 copies of the floor debate, and would be pleased to send more if you need them. Once again, congratulations on your confirmation in this key position of the Intelligence Community. RobR. Simmons St'a-f f 1irector Approved For Release 2011/01/13: CIA-RDP86B00885R000600960001-5 Approved For Release 2011/01/13: CIA-RDP86B00885R000600960001-5 United States of America Zonttzzianat Record PROCEEDINGS AND DEBATES OF THE 9j tf' CONGRESS, SECOND SESSION WASHINGTON, WEDNESDAY, JUNE 9, 1982 No. 72 Senate EXECUTIVE SESSION Mr. STEVENS. Mr. President, I ask unanimous consent that the Senate go into executive session for the purpose of considering Calendar Order No. 773, under Central Intelligence, the nomi- nation of John N. McMahon, of Mary- land, to be Deputy Director. There being no objection, the Senate proceeded to the consideration of ex- ecutive business. The PRESIDING OFFICER. The nomination will be stated. No nomination shall be reported to the Senate unless the nominee has filed a back- ground and financial disclosure statement with the 0mmnittee. John McMahon has filed both of these statements with the committee. I ask unanimous consent that the unclassified sections of these state- ments be printed in the RECORD. There being no objection, the mate- rial was ordered to be printed in the RECORD, as follows: SENATE SELECT COMMITTEE ON INTELLIGENCE QUESTIONNAIRE FOR COMPLETION BY PRESI- DENTIAL NOMINEES A. Biographical Information: CENTRAL INTELLIGENCE 1. Name: McMahon. John Norman. 2. Former name(s) used, if any: N/A. The legislative clerk read the nomi- 3. Date of birth: July 3, 1929. nation of John N. McMahon, of Mary- 4. Spouse's name: Hugger, Margaret Joan: land, to be Deputy Director. 5. Former name(s) used by spouse, if any: tricia Joy, 19"" --- ~- _~ ___ __Christopher -John, ~_ ___1_9_,_ rise today to support the nomination 98; . 27; of John N. McMahon, of Maryland, to Timothy Richard, 1923; And Peter Collins, be Deputy Director of Central Intelli- 1918. gence, replacing Admiral Inman who 7. Education: Holy Cross, 1947-51, B.A.; has resigned. Georgetown Law. 1951; and Harvard Ad- With 31 years of service at the Cen- vaned Management Program 1968. tral Intelligence Agency, Mr. McMa- Employment record (list all positions since hon certainly has the background to college, including military service): do a good job. I believe that he is a Position or title: (See attachment.) topnotch professional who is highly Name of employer: CIA. Location and dates of employment: regarded within the intelligence coon- Abroad and Washington, D.C. 1951-present. munity. His confirmation should have [Attachment] a positive effect on morale within this Employment Record: Community. September 1951-June 1952, communica- All of Mr. McMahon's working life Ilona processing and distribution clerk. has been spent at the CIA where he June 1952-June 1952, communications accumulated a distinguished record. tech (crypt) (overseas). During that time, he served in all July 1959-August 1953, communications phases of 'CIA operations including cable analyst (overseas). chief, cable desk top jobs in electronic - intelligence, AUgust technical services, administration, op- (overseas). erations, and analysis. He has also July 1954-November 1954, home leave and served on the intelligence community training at CIA's training site. November 1954-February 1955, adminis- staff as acting deputy. trative officer (overseas). John McMahon will have a tough February 1955-January 1957, Assistant to job replacing Admiral Inman, whom 1 ,Chief of Station (overseas). consider to be one of the best Intelli- March 1957-Septemberr 1957, entered mil- gence officers I have known. Nonethe- itary service under Agency auspices. less, I am pleased that someone with September 1952 November 1957, Head- John's qualifications and experience .quarters' European Division, counterintelli- has been named for this post. gene: Rule 5.6 of the rules of procedure' November 1957-December 1958, Deputy Chief, the Select Committee on Intelli . Centr95 Processing. January 1959-May 1961. case officer for gence states that; U-2 pilots and contract monitor of technical representatives. Approved For Release 2011/01/13: CIA-RDP86B00885R000600960001-5 Approved For Release 2011/01/13: CIA-RDP86B00885R000600960001-5 2 May 1961-November 1962, Executive Offi- as Deputy Director of Central Intelligence cer, Development Projects Division; was re- for Operations (1978-1981). In that capacity sponsible for CIA reconnaissance activities, I was responsible for the collection of for- and support to all phases of air operations., eign intelligence from human sources, coun- November 1962-January 1964, Chief, Pro- terintelligence, and conducting special actin gram Analysis Staff /Development Projects ities as directed by the National Security Division. Council. As Deputy Director for National January 1964-July 1964, DCI program Foreign Assessment (April 1981-January analysis staff. 1982), I was the Director's principal advisor August 1964-September 1965, DDS&T sys- on the analytical process and the productin tems analysis staff. of national intelligence, including Intelli- September 1965-September 1970, Deputy gence Community estimates and CIA pro- Director, Office of Special Projects. duction. Finally, as Executive Director since September 1970-July 1971, Deputy Direc- January of this year, I have been responsi- tor, Office of ELINT. ble for the day-to-day management of the July 1971-April 1973, Director, Office of Central Intelligence Agency. ELINT. Within the Intelligence Community, I April 1973-August 1974, Director, Office served as Associate Deputy (1976) and then of Technical Service. Acting Deputy (1977) to the DCI for the In- August 1974-May 1976, Associate Deputy telligence Community. In those capacities I Director for Administration. assisted the DCI in executing his Coinmuni- May 1978-April 1977, Associate Deputy to ty responsibilities and served as his princi- the DCI for the Intelligence Community. pal advisor on all matters relating to the April 1977-January 1978, Acting Deputy National Foreign Intelligence Program to the DCI for the Intelligence Community. budget and on Community-wide collection January 1978-April 1981. Deputy Director tasking. I would also like to note that for Operations. during most of my career (since 1959), I April 1981-January 1982, Deputy to the have served in positions involving national DCI for National Foreign Assessment. programs requiring coordination, and in January 1982, Executive Director. many cases joint efforts, with the military Honors and awards: List below all scholar- services. ships, fellowships, honorary degrees, mili. I believe my long and varied career has tary medals, honorary society memberships provided me an in-depth appreciation of all and any other special recognitions for out- facets of the intelligence process, both standing service or achievement. within the CIA and the Intelligence Com- Distinguished Intelligence Medal (2). munity, and therefore qualifies me for the Intelligence Medal of Merit. position for which I have been nominated. Certificate of Distinction. Foreign affufattons: National Intelligence Distinguished Serv- Have you or your spouse ever represented ice Medal. in any capacity (e.g., employee, attorney, Certificate of Recognition-William A. business or political adviser or, consultant), Jump Memorial Award. with or without compensation, a foreign References: Please provide the Committee government or any entity controlled by a with the names and current addresses and foreign government? No. telephone numbers of five individuals whom If you or your spouse have ever been for- you believe are in a position to comment malty associated with a law, accounting, upon your qualifications for the office to public relations or other service organiza- which you have been nominated. Please in- tion, have any of you or your spouse's asso- clude the names of at least three (3) persons ciatea represented, in any capacity, with or who have known you for more than five without compensation, a foreign govern- years. ment or any entity controlled by a foreign Name, address, tel. No., No. of years refer- government? No. ence has known you: If the answer to either or both of the Vice President George Bush, White above questions is "yes", describe each rela- House, 456-7123, 7. tionship. Deputy Secretary of Defense, Prank Car- (Note.-The questions above are not limit- lucci. Pentagon, 695-6352, 6. ed to relationships requiring registration Adm. Daniel J. Murphy, White House, under the Foreign Agents Registration Act.) 456-6606, 7. During the pest five years, have you or Adm. Stanfield Turner, 1320 Skipwith your spouse received any compensation Road, McLean, Virginia 22101, 522-5258, 6. from, or been involved in any financial or Walter J. Stoessel, Jr., State Department, business transactions with a foreign govern- 632-9640,6 . ment or an entity controlled by a foreign . Qualifications: State fully your qualifies- government? No. tions to serve in the position for which you If yes, please furnish details. have been nominated. (Note.-Questions 1, 2, & 3 do not call for During my 31 years of government service, a response if the representation or transac- I have had the good fortune to work in all tion was authorized by the United States four Directorates of the Central Intelli. Government in connection with your em- gence Agency as well as on staffs supporting ployment in government service.) the DCI in executing his Intelligence Com? Have you or your spouse ever registered munity responsibilites. Within CIA, my re- under the Foreign Agents Registration Act? sponsibilities in the scientific and technical No. arena have included reconnaissance oper- (a) As far as it can be foreseen, state yor ations and research and development (1965, plans after completing government service. 1974). As Associate Deputy Director for Ad,,, Please state specifically any agreements or ministration (1974-1976), I helped manage understandings, written or unwritten, con- our support capabilities, including commu- cerning employment after leaving govern-, 'nications, logistics, data processing, person- ment service in particular concerning agree-" nel, security apd training. I have also served ments, understandings or options to return to your current position. Approved For Release 2011/01/13: CIA-RDP86B00885R000600960001-5 Approved For Release 2011/01/13: CIA-RDP86B00885R000600960001-5 Undetermined-no agreements or under- 3 3. Are you willing to provide such informa- standings. tion as is requested by such committees? (b) Have you received any offer or expres- yes. sion of interest to employ your services in Mr. GOLDWATER. Mr. President, I any capacity? If yes, please furnish details. have here a letter from the Office of No. (c) If you are presently in government, Government Ethics on John N. McMa- service, during the past five years of such hon. This letter states that: service have you received from a person out- He is in compliance with applicable laws side of government an offer or expression of and regulations governing conflict of inter- interest to employ your Services after you est. leave government service? No. I ask unanimous consent that it be Do you have any commitments or agree- printed in the RECORD as well. ments to pursue outside employment, with There being no objection, the letter or without compensation, during your serv- was ordered to be printed in the ice with the government? If yes, please fur- RECORD, as follows: nish details. No. OFFICE OF GOVERNMENT ETHICS, List all securities, real property, partner- OFFICE OF PERSONNEL MANAGEMENT, ship interests, or other investments or re- Washington, D. C., May 14, 1982. ceivables with a current market value (or, if Hon. BARRY GOLDWATER. market value is not ascertainable, estimated Chairman, Select Committee on Intelli- current fair value) in excess of $1,000. gence, U.S. Senate, Washington, D.C. (NOTE: The information provided in re- DEAR MR. CHAIRMAN: In accordance with sponse to Schedule A of the disclosure the Ethics in Government Act of 1978, I en- forms of the Office of Government Ethics close a copy of the financial disclosure may be incorporated by reference, provided report filed by John N. McMahon, who has that current valuations are used.) been nominated by President Reagan for Description of Property: Home. the position of Deputy Director of Central Value: Estimated $170,000. 1 Intelligence. List all loans mortgages, or other indebt- We have reviewed the report and have edness (including any contingent liabilities) also obtained advice from the Central Intel- in excess of $10,000. (NOTE: the informa- ligence Agency concerning any possible con- tion provided in response to Schedule D of flict in light of the Agency's functions and the disclosure form of the Office of Govern- the nominee's proposed duties. Based there- ment Ethics may be incorporated by refer- on, we believe that Mr. McMahon is in com- ence, provided that contingent liabilities are pliance with applicable laws and regulations also included.) governing conflicts of interest. Nature of obligation: Mortgage. Sincerely, Name of obligee; Richard and Margaret J. JACKSON WALTER, Director. Hugger (in-laws). Amount $30,000. Mr. GOLDWATER. Mr. President, I List source and amounts of all income re- have a letter here from Congressman ceived during the last five years, including EDWARD P. BOLAND, chairman of the all salaries, fees dividends, interest, gifts, House Permanent Select Committee rents, royalties, patents, honoraria, and on Intelligence, which is the counter- other items exceeding $500. (If you prefer to part of our own committee in the do so, copies of U.S. income tax returns for House of Representatives. Chairman these years may be substituted here, but BOLAND writes: their submission is not required.) Salary: 1977, $48,427; 1978, $50,003; 1979, In strong support of the nomination of $50,584; 1980, $63,299; 1981, $52,749. John N. McMahon to be Deputy Director of Interest: 1977, $284; 1978, $325; 1979, $377; Central Intelligence. 1980,$498;1981,$658. As well, I have a letter here from Have you ever been convicted (including Congressman J. KENNETH ROBINSON, pleas of guilty or nolo contendere) of any ranking minority member of the criminal violation other than a minor traffic House Permanent Select Committee offense? If yes, please furnish details. No. on Intelligence, expressing strong sup- Have you ever been arrested or named as port for John McMahon's nomination. a defendant in an indictment or information I ask unanimous consent that both for any criminal violation, other than a these letters be printed in the RECORD. minior traffic offense? If yes, please furnish There being no objection, the letters details. were ordered to be printed in the No. Other information: RECORD, as follows: 1. Please advise the Committee of any ad- HovsE of REPRESENTATIVES, PERMA- ditional information, favorable or unfavor- NENT SELECT COMMITTEE ON IN- able, which you feel should be considered in TELLIGENCE, connection with your nomination. Washington, D.C. May 25, 1982. None. Hon. BARRY GOLDWATER, 2. Are you willing to appear and testify Chair'man, Senate Select Committee on In- before any duly constituted committee of telligence, Washington, D.C. the Congress on such occasions as you may DEAR MR. CHAIRMAN: I write in strong sup- be reasonably requested to do so? port of the nomination of Mr. John N. Yes. McMahon to be Deputy Director of Central Intelligence. Approved For Release 2011/01/13: CIA-RDP86B00885R000600960001-5 Approved For Release 2011/01/13: CIA-RDP86B00885R000600960001-5 4 'During the past nearly five years of this Committee's existence, it has held frequent meetings with Mr. McMahon. He has im- pressed me with his honesty, integrity an forthrightness. During those years, he has held several of the most senior, sensitive and responsible positions in the Central In- telligence Agency and he has carried out those assignments in an exemplary fashion. As the Deputy Director for Operations, Mr. McMahon was responsible for some of the most sensitive operations our nation's intelligence services carry out. Under his guidance, the DDO enhanced its profession- alism and reinvigorated its morale. During his tenure as the Deputy Director for Intelligence, Mr. McMahon carried out a major and long overdue restructuring of CIA's analytic assets, bringing cross-disci- pline capabilities to bear on key issues in a more effective way. In recognition of his managerial talents, Director Casey appointed John McMahon to the newly recreated position of Executive Director of the CIA. Now, with the retire- ment of Admiral Inman, Mr. McMahon has been chosen by the President to become the Deputy Director of Central Intelligence. When Admiral Inman's name was before the Senate Select Committee on Intelli- gence for confirmation as Deputy Director, I wrote to you endorsing him for that posi- tion. In doing so, I stressed his attributes of integrity, deep honesty and well reasoned decisionmaking. The Intelligence Communi- ty, the CIA and the nation can be gratified that those very same attributes apply to Mr. McMahon. John McMahon is an excellent manager, a widely experienced intelligence officer and a well respected senior government official. I am confident that he will do well in his new assignment. I am certain that all the Members of the Permanent Select Committee on Intelli- gence join with me in giving an unqualified endorsement to this fine American for the post to which he has been nominated. With every good wish, I am Sincerely yours, EDWARD P. BOLAND, Chairman. HOUSE OF REPRESENTATIVES, PERMA- NENT SELECT COMMITTEE ON IN- TELLIGENCE, Washington, D.C., May 26, 1982. Hon. BARRY GOLDWATER, Chairman, Senate Select Committee on In- telligence, Washington, D.C. DEAR SENATOR GOLDWATER: As the ranking minority member of the House Permanent Select Committee on Intelligence I want to join my Chairman, Congressman Edward Boland in endorsing the nomination of John, N. McMahon for the position of Deputy Di- rector of Central Intelligence. During the past five years I have known and worked with Mr. McMahon I have found him to be extraordinarily responsive, forthright and trustworthy in helping this Committee meet its oversight responsibil- ities of the Intelligence Community. John McMahon has set a standard of pro- fessionalism and leadership unequalled in the intelligence field. He has distinguished. himself as head of the Intelligence Commu- nity Staff; as Deputy Director of Operations and Deputy Director of Intelligence as well as Executive Director of the CIA. No other officer of the agency has held so many di- verse and key positions and done so in such an outstanding manner. Mr. Chairman, I can assure you that his service in the position to which he has now been nominated by the President- will be of the greatest value to the Congress and to this nation. Mr. McMahon has my full sup- port and I urge speedy confirmation. Respectfully, J. KENNETH ROBINSON. Mr. GOLDWATER. Mr. President, when John McMahon appeared before our committee in public session on May 27, 1982, he stated his firm con- viction that "Congressional oversight is beneficial, both for the American people and for the Intelligence Com- munity." He also stated that. The activities of the Intelligence Commu- nity involving Americans are, and most con- tinue to be, limited, subject to strict stand- ards of accountability, and far removed. from any abridgment of cherished Constitu- tional rights. I concur with these judgments, and would like to share Mr. McMahon's full statement with my colleagues. I ask unanimous consent that his statement before our committee be printed in the RECORD. There being no objection, the state- ment was ordered to be printed in the RECORD, as follows: STATEMENT OF JOHN N. MCMAHON Mr. Chairman, members of the Select Committee on Intelligence, I am honored to appear before you today to discuss my nomi- nation to be Deputy Director of Central In- telligence._ I appreciate the President's ex- pression of confidence in me, and I ap- proach this new challenge with enthusiasm and determination. I have, as you know, served our Nation as an intelligence officer for over 30 years. I feel fortunate to have had a varied, reward- ing, and constantly challenging career, per- mitting me to serve in all phases of intelli- gence-from operations to analysis, and from research and development of technical collection systems to administration. Let me briefly review it for the committee. I began my career with the agency as a clerk in 1951. After serving overseas for 5 years, I returned for basic training in the army, and I then joined the U-2 program. In 1965, I became Deputy Director for the Agency's Office of Special Projects, which was concerned with applying the latest in advanced technology to major intelligence collection problems. Later, I served as Direc- tor of the Office of Electronic Intelligence and then as Director of the Office of Tech- nical Service, responsible for technical sup- port to overseas operations. In 1974, I became Associate Deputy Director of CIA for Administration. I then served as Asso- ciate Deputy and Acting Deputy to the DCI for the intelligence community, until being appointed Deputy Director of CIA for Oper= ations in January of 1978. In this capacity I' directed agency operations overseas.'; . Li' Approved For Release 2011/01/13: CIA-RDP86B00885R000600960001-5 Approved For Release 2011/01/13: CIA-RDP86B00885R000600960001-5 April 19811 became Deputy Director for Na- undertaken in secret are being monitored by tional Foreign Assessment, responsible for their elected representatives. Second, it as- directing analysis and production of intelli- sures the intelligence officers who under- gence. I served in that capacity until Janu- take those activities that the Congress and ary of this year, when I was appointed as the American people stand behind and sup- the Agency's Executive Director, responsi- port them in their difficult and often- dan- ble for the day-to-day management of CIA. gerous assignments. My assignments, many of which involved The oversight arrangements which have joint programs with the military, have given developed and matured over the past several me both a detailed knowledge of the Central years have also served to enhance congres- Intelligence Agency and a substantial appre- sional understanding of the intelligence mis- ciation of military requirements and Intelli- sion and of the need for the long-range com- gence needs. My 2 years with the intelli- mitment of resources to meet the challenges gence community staff provided me with an which lie ahead. The cumulative impact of in-depth understanding of all national pro- the annual authorization of appropriations grams, military and civilian, the priority of for intelligence activities by this committee intelligence requirements associated with and its counterpart in the House of Repre- those programs, and the best means of satis- sentatives, the review conducted in great . fying intelligence needs for policymakers, as detail by the appropriations committees, well as our military commanders in the" and the statutory obligation to keep the two field. intelligence committees "fully and currently When I Joined the Agency in 1951, Mr. Informed" has made the Congress an active Chairman, we lived in an essentially bipolar I partner in our Nation's intelligence activi- world. In those days our adversary was obvi- ties. This is as it should be, and I pledge to ous, our mission was clear, and our efforts you that if confirmed I will make every were focused accordingly. The United States effort to foster and improve this vital rela, worked to build the democratic institutions tionship. and economic capabilities of its friends, Mr. Chairman, that concludes my pre- while the Soviet Union strove to subvert our pared remarks-I would be pleased to ei:orts. The risk of atomic catastrophe was answer any questions which you and the just then beginning to become a factor in members the committee may have. the struggle between freedom and totalitar- Mr. OOLDWATE'R. Mr. President, ianism. We focused intelligence resources on in my judgment, the Senate Intelli- the Soviet Union and its allies, and we ana- gence Committee has been very thor- lyzed world events mainly in terms of their ough in its consideration of John effect on the East-West balance of power. McMahon's nomination to this impor- As we move through the 1980's and tant position in the U.S. intelligence beyor)d, it is clear that the intelligence mis- community. sion must be geared to threats which are in- For example, we have devoted a full creasingly varied, subtle, and complex. We 30 days to consideration of his nomi- can never take for granted our ability to ac- nation before scheduling hearings. We curately assess the military capabilities and intentions of our key adversaries, and the held a closed as well as a public hear- Soviet Union must remain our first intelli- ing so that all aspects of his back- gence priority. At the same time, we should ground could be examined in detail. also insure that we appreciate fully the Four senior staff members read his broad range of political, economic, social, complete personnel file and security and religious forces whose interaction will file at the CIA. This is an unprec- shape world events and influence the desti- edented precaution and has not been ny of our own country. Finally, we should done before. We sent Mr. McMahon never set aside the importance of more tra- ditional causes of international conflict, such as irredentism and national pride. tionnaire and followup questions from The ability of the intelligence community the staff. These were responded to in to provide national policycnakers with the writing before our hearings were held, timely, accurate, and insightful information and we inquired of other committees they need to advance American interests in and other agencies of Government the world requires that we constantly strive about Mr. McMahon before holding to improve our capabilities to collect the our hearings. Finally, in spite of Mr. right kind of information, to analyze it ef- McMahon's long service with the CIA, fectively, and to present it in a relevant and asked that an updated background useful manner. We are encouraged that the we mutual determination of the President and investigation on him be prepared by the Congress to restore the vitality of our the FBI. Yesterday afternoon the vice Nation's intelligence community is helping chairman of the Senate Intelligence us translate these goals into reality. As we Committee, Senator MOYNIHAN, and I do so, however, I would like to emphasize personally reviewed the FBI report. for the record that the activities of the in- We have been very thorough, and telligence community involving Americans yet we have not been able to uncover are, and must continue to be, limited. sub- any factual information which would ject to strict standards of accountability, reflect adversely on Mr. McMahon. As and far removed from any abridgment of cherished constitutional rights. a result, the committee voted unani- I am firmly convinced that congressional mously that his nomination be sent to oversight is beneficial, both for the Ameri- the floor with a recommendation that can people and for the intelligence commu- nity. The oversight system serves two key it be approved. I have no doubts that purposes. First, it assures the 4merican we can expect a good relationship with people that activities whieh are of neew4ty John McMahon in the future as Approved For Release 2011/01/13: CIA-RDP86B00885R000600960001-5 Approved For Release 2011/01/13: CIA-RDP86B00885R000600960001-5 6 Deputy Director of Central Intelli- gence, to the benefit of our people and of the country. I urge my colleagues to support this nomination. Mr. MOYNIHAN. Mr. President, the choice of John N. McMahon to be; Deputy Director of Central Intelli- gence is a good one. During his 30, years with the Central Intelligence Agency he has compiled a distin- guished record of service to his coun- try. He has received five significant awards and has served in leadership positions in all four directorates of the CIA, as well as in the intelligence com- munity staff. He is, in short, as highly qualified a candidate for the position of Deputy Director as we are eve1 likely to see. The confirmation process is impor- tant not only because it gives the Senate a chance to make an independ- ent evaluation of the qualifications of the nominee, but also because it offers a major opportunity for the exercise of the congressional oversight func- tion It enables us to take stock of when it had been misled, regardless of whether this was done by persons below or above him in the intelligence community. Mr. McMahon's answer was that he pledged "to keep the com- mittee fully and currently informed" and to make sure that the committee "received the information it deserves to have and needs." We ask for noth- ing more. Mr. President, John McMahon is an old friend to the select committee, of which I am now vice chairman. He has appeared before us on numerous occa- sions during the 6 years the committee has been in existence. I have every confidence that our relationship in the future will be as open, beneficial, and professional as it has been in the past. Mr. HUDDLESTON. Mr. President, I am pleased to join in urging my col- leagues to support the nomination of John McMahon as Deputy Director of Central Intelligence. He brings to that position a wealth of experience in all aspects of the intelligence enterprise, and I expect that we will provide solid e have been and where we are leadership for the intelligence commu- h w ere w headed. During my 51h years on the Senate Select Committee on Intelli: gence we have concentrated on two major tasks. First, we have established mechanisms for congressional over- sight. Second, we have tried to provide the resources necessary for the re- building of our intelligence capabili- ties. At both the closed and open.hear- ings on his nomination, Mr. McMahon was asked to address himself to these two concerns. Concerning the committee's role in reb4zilding the intelligence capabilities of the country, Mr. McMahon noted that "the downward trend has been re- versed" and ? that this has occurred "principally on the initiative of the Congress." Too often, Mr. President, the oversight function of the Congress is seen in merely a negative light, as only an exercise in checking the possi- ble abuses of power. But this view is ac: severely limited one. In fact, the over- sight function can and does serve to provide the needed guidance and impe- tus for the proper use of power as well. It was therefore gratifying to hear Mr. McMahon's comments. However, the oversight relationship also demands that the Director and Deputy Director of Central Intelli- gence be willing to provide this com- mitt a with the information it needs in a timely and candid manner. During the hearings, I asked Mr. McMahon whether he would feel it his duty under law and his obligation as a pro- fessional intelligence officer to, Inform the committee when he knew That it had been given wrong. isdornmeties or nity. At the Intelligence Committee's hearing on his nomination last month, I asked Mr. McMahon several ques- tions which I believe are crucial for the Senate's assessment of his views on key intelligence policy issues. First of all, it was important to find out Mr. McMahon's position regarding the danger of politicization of intelligence. The use of intelligence to serve parti- san, political interests has, I believe, increased in the past several years. It poses a serious threat to the integrity of the Central Intelligence Agency and other agencies in the intelligence com- munity. Problems in this regard are not unique to any one administration or party. They often involve the use of sensitive information to defend partic- ular policies, without regard to the damaging impact of the disclosures on our national security or the effective- ness of our intelligence agencies. Therefore, I asked Mr. McMahon in the confirmation hearing what he would do if he learned that intelli- gence officials were being forced to. distort their reports to support an ad- ministration's policy decisions. Mr. McMahon replied that he would resign if he were unable to resist such -pres- sures. The second matter that I raised with Mr. McMahon was the role of the CIA within the United States under Presi- dent Reagan's recent Executive order on U.S. intelligence activities. Execu- tive Order 12333, issued in December 1981, expanded the authority of the CIA to collect information by clandes- Approved For Release 2011/01/13: CIA-RDP86B00885R000600960001-5 Approved For Release 2011/01/13: CIA-RDP86B00885R000600960001-5 7 tine means within the United States on many of these counts I believe about U.S. citizens and domestic we must increase the vigilance of our groups without their consent. This ex- oversight efforts. No single event leads pansion of CIA's authority to operate me to this conclusion. Rather, it is a domestically has troubled many of us series of issues which, taken together, on the Intelligence Committee. make the prospects more disturbing. In his prepared statement at the The nomination of John McMahon confirmation hearing, Mr. McMahon as Deputy Director of Central Intelli- said: gence gives us an opportunity to work The activities of the Intelligence Commu with an experienced and dedicated in- nity involving Americans are, and must;,con- telligence officer in our wider efforts tinue to be, limited, subject to strict stand- to maintain congressional oversight. I ards of accountability, and far removed strongly urge my colleagues to support from any abridgment of cherished constitu- his nomination so that we can work tional rights. with him to keep the intelligence busi- The question, however, is what the ness free from partisan politics. specific limits will be in practice. For The PRESIDING OFFICER. With- that reason, I asked Mr. McMahon out objection, the nomination is con- whether the CIA would use intrusive firmed. investigative techniques within the Mr. STEVENS. Mr. President, I United States against American citi- move to reconsider the vote by which zens. Mr. McMahon replied that the the nomination was confirmed. CIA would not be involved in using Mr. ROBERT C. BYRD. I move to such techniques against Americans in lay that motion on the table. this country and that only the FBI The motion to lay on the table was would have such authority. agreed to I believe it is also important for the : Mr. STEVENS. Mr. President, I ask Senate to know that at a closed session unanimous consent that the President of the Intelligence Committee prior to be immediately notified of the confir. the open confirmation, hearing Mr. mation of the nominee. McMahon assured the committee that The PRESIDING OFFICER. With- the wider authority for CIA collection out objection it is so ordered. of information within the United States under the Executive order would be exercised only in rare, excep- tional cases. The precise limits and safeguards, such as the determination of intrusive- ness of techniques like infiltration of domestic groups, will be contained in implementing procedures to be ap- proved by the Attorney General. I was pleased with Mr. McMahon's assur- ances to the committee that it would have an opportunity to review the new procedures prior to their implementa- tion. Finally, I believe this nomination comes at a time of increasing uneasi- ness about where the intelligence com- munity is going. If there is one thing this committee has tried to do, it is to keep intelligence free from partisan or ideological bias. We must be a watchdog to make sure that intelligence operations serve the national interest. We must be alert to the danger that an administration may seek to distort intelligence re- ports or slant intelligence analysis. Equally important is our mandate to protect constitutional rights and other basic principles of our free society. We need to monitor the safeguards that keep U.S. intelligence activities from violating the rights of our own citi- zens. And we should also try to strike a proper balance between, secrecy and the public's right to know.' Approved For Release 2011/01/13: CIA-RDP86B00885R000600960001-5