JOINT LETTER ON "ANTI-STONEWALLING ACT" AMENDMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R000400040028-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 23, 2016
• Document Release Date: November 29, 2012
• Sequence Number: 28
• Publication Date: September 8, 1988
• Content Type: MEMO

Declassified in Part - Sanitized Copy Approved for Release 2012/11/29: CIA-RDP90M00005R000400040028-9
URI HU -
OCA 88-3002
8 September 1988
MEMORANDUM FOR: The Director
FROM: John L. Helgerson
Director of Congressional Affairs
SUBJECT: Joint Letter on "Anti-Stonewalling Act"
Amendment
1. David Addington, Deputy Assistant to the President for
Legislative Affairs, has crafted the attached letter concerning
the "Anti-Stonewalling" Amendment. The White House urges that
the Attorney General and you sign it and have it delivered to
the Speaker today as various amendments to the Omnibus Drug Bill
are now being considered by the House.
2. I recommend you agree to sign this letter. I have left
a copy with Russ Bruemmer to be sure he has no problem.
Although brief, it makes the important points and avoids the
long and complicated explanation of constitutional issues that
Justice had wanted to include.
3. The White House has asked that the original of the
letter be produced by the Attorney General's office as he is the
Senior Cabinet level signer. Once he has signed this afternoon,
the letter will come here for your signature and forwarding to
Congress.
4. Please let me know quickly if I may communicate your
approval of this draft to get the process in motion.
Attachment
D/OCA/JLH
8 Sep 88)
Distribution:
Original - DCI
1 - DDCI (w/att)
1 - EXDIR (w/att)
1 - ER (w/att)
1_ _7_ General Counsel
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\1 - _OCA Record__(_wta t t)
1 - JLH Chrono (w/att)
1 - Reader Library
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(DRAFT AG/DCI LETTER ON "ANTI-STONEWALLING" AMENDMENT3
(Note: identical letter would be sent to Minority Leader Michell
The Honorable Jim Wright
Speaker
House of Representatives
Washington, D.C. 20515
Dear Mr. Speaker:
The Administration strongly supports and urges Congress to act
swiftly to adopt effective and responsible legislation to combat
drug abuse. United States law enforcement and intelligence
agencies have devoted and will'continue to devote substantial
efforts toward achievement of the vital national objective of
halting the flow of illegal drugs.
The amendment oposed to be offered by Congressman Bill
Alexander to he Omnibus Drug Initiative Act of 1988 (H.R. 5210)
will weaker:04R- hand of the United States in the battle against
illegal drugs. The Alexander Amendment is both unwise and
unconstitutional.
The Amendment requires executive branch personnel obtaining
information about "illeqal foreign drug activities" to forward
such information promptly to the head of their agencies. In
turn, the agency heads must furnish it to law enforcement
agencies specially designated by the President and, upon request,
to any committee oi tht.. .:ongress or the General Accounting Office
(GAO). If the agency head personally determines that disclosure
of the information risks specified damage to national security or
law enforcement interests, he need not disclose the demanded
information to a congressional committee, but he nevertheless
must furnish to the GAO. The Amendment also provides for
lawsuits by the GAO against Federal agencies to secure
information covered by its provisions.
The Alexander Amendment would diminish the ability of the United
States to collect narcotics intelligence. Sources of foreign
narcotics intelligence, including cooperating foreign government
agencies, would be less likely to share sensitive narcotics
intelligence with U.S. agencies if it must be disseminated on
demand to the General Accounting Office and, in many cases, to
multiple congressional committees. The proper
executive-legislative arrangements for handling sensitive
narcotics intelligence in a responsible and secure fashion are
those specified by Title V of the National Security Act of 1947,
under which the Director of Central Intelligence and the heads of
intelligence agencies keep the congressional intelligence
committees fully and currently informed of intelligence
activities, including narcotics intelligence.
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The prospect of lawsuits between the GAO and intelligence
agencies over some of the most sensitive national security
information in the possession of the United States presents a
substantial danger of unauthorized disclosure of sensitive
information. Congress recognized this danger when it enacted the
General Accounting Off i-eAct of 1980 that provided for the
exemption of intelligence agencies from the GAO's current
authority to bring suits against agencies.
The inter-agency reporting requirements established by the
Amendment will disrupt effective, carefully crafted mechanisms
for secure dissemination narcotics intelligence within the U.S.
Government. These mechanisms ensure that sensitive narcotics
intelligence is disseminated to law enforcement agencies and that
the information is properly protected from unauthorized
disclosure.
In addition to its practical flaws, the Amendment impermissibly
encroaches on the powers of the President under the Constitution
to faithfully execute the laws, supervise his subordinates in the
executive branch, preserve the integrity of executive
deliberations, and to protect the national security secrets.
We urge the House not to adopt the Alexander Amendment.
Sincerely,
Richard Thornburgh
Attorney General
of the United States
William H. Webster
Director of Central Intelligence
cc: The Honorable sill Alexander
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Declassified in Part - Sanitized Copy Approved for Release 2012/11/29: CIA-RDP90M00005R000400040028-9