Intelligence Oversight Act of 1988

Summary

Intelligence Oversight Act of 1987 - Amends the Foreign Assistance Act of 1961 to repeal provisions prohibiting the use of funds by or on behalf of the Central Intelligence Agency (CIA) for covert action (special activities) in the absence of a presidential finding that such action is important for national security. Amends the National Security Act of 1947 to require the President to ensure that the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence (intelligence committees) are kept fully and currently informed of special activities. (Current law imposes such duties on the Director of Central Intelligence (DCI) and agency heads but not on the President himself.) Declares that such activities shall ordinarily be conducted pursuant to consultations between the President and the intelligence committees prior to implementation of special activities. Requires the President to ensure that any illegal intelligence activity or significant intelligence failure is reported to the intelligence committees, as well as any corrective action taken or planned in connection with such illegal activity or failure. (Current law imposes this duty only on the DCI and agency heads, subject to certain conditions.) Provides statutory authority for the President to authorize special activities when necessary to support U.S. foreign policy objectives and when important to U.S. national security. (Current law does not provide express statutory authorization for special activities, nor does it require that the activities be necessary to support U.S. foreign policy objectives.) Requires that this determination be set forth in a finding that meets specified conditions: (1) that each finding be in writing, unless immediate action is required and time does not permit a written finding (in which case a written record of the President's decision would have to be contemporaneously made and reduced to a written finding as soon as possible but not later than 48 hours after the decision is made); (2) that each finding specify each U.S. Government entity authorized to fund or otherwise participate in such special activities; and (3) that each finding specify any third party, including any third country, whom it is contemplated will be used to fund or otherwise participate in the special activity. Prohibits a finding from authorizing any action inconsistent with or contrary to any U.S. statute. Requires the President to ensure that any such finding be reported to the intelligence committees as soon as possible, but no later than 48 hours after it has been signed. Allows the President to limit access in extraordinary circumstances to the chairmen and ranking minority members of the intelligence committees, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, but requires that he provide a statement of the reasons for limiting access. Requires the President to promptly notify the intelligence committees or, if applicable, the Members of Congress specified, of any significant change in any previously-approved special activities. Defines special activities to mean any activity conducted in support of national foreign policy objectives abroad which is planned and executed so that the role of the United States is not apparent or acknowledged publicly. Prohibits the use of U.S. funds for any special activity unless and until a presidential finding has been signed or otherwise issued in accordance with this Act.

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Documents

3 official files

• Passed Senate amended

  summary · EN · 15 March 1988

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 27 January 1988

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• Introduced in Senate

  summary · EN · 25 September 1987

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