LETTER TO JOHN N. MCMAHON FROM ROBERT R. SIMMONS
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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
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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.
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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.
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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.
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'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'
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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
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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-
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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.'
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