CAN CONGRESS REALLY CHECK

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00552R000605570001-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: August 20, 2010
• Sequence Number: 1
• Publication Date: April 24, 1983
• Content Type: OPEN SOURCE

Sanitized Copy Approved for Release 2010/08/20: CIA-RDP90-00552R000605570001-9
I VA SH?NG CN P C S 1
24 APP L 1953
Chet
Can Congress Really
If Hill oversight fails on Nicaragua, it mc,
By Jay Peterzell One of the ISA's actions, the officials said,
EMBERS OF CONGRESS struggling was to provide equipment and support for a
to control the not-so-secret secret war 1981 attempt by former special forces Lt. Col.
_ against Nicaragua are learning an unpleasant. James (Bo) Gritz to organize a search
lesson about their ability to monitor covert American prisoners of war thought to he sti
action: the current oversight system is inade- held in Laos. The organization was also said
quate even when it works, and it does not al- to have conducted operations in Central
was work. America.
This American intervention in Central Sources who discussed the existence of the
America presents the most serious test to ISA said they were satisfied that its illegal ac-
date of the credibility of that oversight sys- tivities had ceased.
tem.-.-: hi; '-: ?va- e =ta'hiished by a series of laws Even when Congress is fully informed.
passed dur,ag the last decade. If Congress some members say they have few effective
unaaie u control this controversial ways to react to covert operations of which r
proves stopped. "The system works well when
covert operation, it is hard to imagine when it they disapprove. "It is very frustrating to there's a consensus" between Congress and
will efti c Lively use its oversight powers, have so little leverage over the intelligence the president, a former staff member noted.
But me =vsterr. is neither so simple nor so community." one member noted. "You don't
have a veto, so you have to satisfy yourself by it is not set up to deal with disagreements."
" A parallel monitoring track is provided by
straightforward that it can be easily exploit- hollering inside the tin can
.
ed. There are ambiguities in the law that
hinder effective congressional oversight, and ^ ^
there are large practical problems that get in operation. In addition to authorizing funds
In recent interviews, intelligence commit- og
the way of any attempt to curtail a secret members and current and former staff for these and other intelligence actions, the tee operation overseas, Perhaps most important, . members and intelligence officials described committees approve reprogramming of
a 6uall ,stanci in the wayaof an op at on that "the current system of congressional oversight. money
withdrawals informed of (but
contip
the administration of the day wants to con- Many asked not to he identified. Their ac- gency fund. This power of the purse is often
duct. \without congressional courage, over- count is necessarily incomplete, both because ~,. or , But
r of the sensitivity of some aspects of the sub- described as "the teeth o~ oversight. Bu
sig. .: r,eyer be significant. f committee sources admit it has never been
The pn.:.e:ns begin at a fundamental level: ject and because, in the case of committee used to cut off a significant, ongoing covert
A number of members and staff of the House members and staff, the' have no way or,
and Senate intelagence committees say they knowing that specific information has not action.
are rn.' certain they are even informed of been reported to them. It's important to understand what congres-
some "v n( of secret operations. In a series of "Congressional oversight" kept covert activi sional oversight does no* mean, too. It does
recent iraerViews. they described specific in- ties means that Congress is kept informed of not mean that the CIA makes daily or weekly
stances in which agencies had exploited loop these activities, and has the opportunity to trips to Capitol Hill to solicit approval for all
holes in reporting requirements or even influence them. Under the law, the executive secret activities. Nor does it mean the CIA is
evaded those requirements altogether in ways branch must inform the House and Senate eager to volunteer its secrets to the intelli-
that appeared to violate the law. . intelligence committees - in advance, except gence committees. This is often a tooth-puil-
For example. intelligence and congressional in dire circumstances - of all clandestine ac- ing process, and sometimes the dentist can't
tivities by U.S. operatives or their agents to see all the teeth.
sources said the Defense Department had influence events in foreign countries. Com It's also important to know a little of the
conducted a number of clandestine intelli- ,, mittee members can ask questions about intelligence community's terminology. The
gence activities without obtaining a "presi- these operations but cannot veto them. The term "covert action" does not cover all of the
dential finding" or informing the intelligence law envisions a situation in which the execu- secret activities of American intelligencecommittees as required by law. The actions, tive branch takes seriously reservations that agencies. If the purpose of some clandestine
which were said to have ended last year, were, -might be expressed by the committees, but in action is to gather intelligence - not to influ-
undertaken b : an organization whose exist-
fact the executive does not have to respond to ence events - then it need not be reported
i me rha:~ ::-z:r ioeen reported previously - congressional misgivings. To stop a covert ac- beforehand to Congress.
the Army Intelligence Support Activity, a se- tion, Congress has to cut off funds for it. Thanks to the clandestine war in Nicara-
cret r : anon set up during the 1980 Iran gua, many of the problems of congressional
hostage crisis to support paramilitary and oversight of intelligence activities are about
hostage-rescue operations worldwide. to come to the forefront on Capitol Hill.
the budget review process, which includes a
yearly secret but recorded vote on each covert
Sanitized Copy Approved for Release 2010/08/20: CIA-RDP90-00552R000605570001-9