[Congressional Record Volume 140, Number 50 (Monday, May 2, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 2, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DeCONCINI (for himself and Mr. Warner) (by request):
  S. 2056. A bill to amend the National Security Act of 1947 to improve 
the counterintelligence and security posture of the United States, and 
for other purposes; to the Select Committee on Intelligence.


       CounterinteLligence and security enhancements act of 1994

  Mr. DeCONCINI. Madam President, Senator Warner and I are today 
introducing on request a bill developed by the Clinton administration 
to improve the counterintelligence and security posture of the 
Government.
  Since the bill was only provided to us this past weekend, we have not 
had an opportunity to analyze it thoroughly. It does, however, address 
a number of shortcomings apparent in the existing system and appears 
worthy of serious consideration by the Senate. Inasmuch as the Select 
Committee on Intelligence will hold a public hearing tomorrow morning 
on counterintelligence legislation, we are introducing the 
administration bill today in order that it will be formally before the 
committee.
  Madam President, I ask unanimous consent that the text of the bill be 
printed in the Record immediately following the conclusion of my 
remarks.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2056

       Be it enacted by the Senate and House of Representatives of 
     the United States of America assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Counterintelligence and 
     Security Enhancements Act of 1994''.

     SEC. 2. AMENDMENT TO THE NATIONAL SECURITY ACT OF 1947.

       The National Security Act of 1947 (50 U.S.C. 401 et seq.) 
     is amended by inserting at the end thereof the following new 
     title:

              TITLE VIII--ACCESS TO CLASSIFIED INFORMATION

       Sec. 801. The provisions of this title shall not apply to 
     the President and Vice President, Members of the Congress, 
     Justices of the Supreme Court, and Federal judges appointed 
     by the President.
       Sec. 802. The President shall, within 180 days of enactment 
     of this title, direct the issuance of a regulation to govern 
     access to classified information which shall be binding upon 
     all departments, agencies, and offices of the Executive 
     branch.
       Sec. 803. Except as may be provided for in the regulation 
     issued under Section 802 of this title, no person shall be 
     given access to classified information, after the effective 
     date of this title, by any department, agency, or office of 
     the Executive branch unless, based upon an appropriate 
     background investigation, such access is determined to be 
     clearly consistent with the interests of national 
     security.


              request by authorized investigative agencies

       Sec. 804. (a)(1) Any authorized investigative agency may 
     request from any financial agency, financial institution, or 
     holding company, as defined in section 5312 of the Currency 
     and Foreign Transactions Reporting Act (31 U.S.C. 5312, as 
     amended) or section 1101 of the Right to Financial Privacy 
     Act of 1978 (12 U.S.C. 3401), or from any consumer credit 
     reporting agency, as defined in section 603 of the Consumer 
     Credit Protection Act (15 U.S.C. 1681a), such financial 
     records, other financial information, and consumer reports as 
     are necessary in order to conduct any authorized law 
     enforcement investigation, counterintelligence inquiry, or 
     security determination. Any authorized investigative agency 
     may also request records maintained by any commercial entity 
     within the United State pertaining to travel by a person 
     outside the United States.
       (2) Requests may be made under this section where--
       (A) the records sought pertain to a person who is or was an 
     employee required by the President in an Executive order, as 
     a condition of access to classified information, to provide 
     consent, during a background investigation and for such time 
     as access to the information is maintained, and for not more 
     than five years thereafter, permitting access to financial 
     records, other financial information, consumer reports, and 
     travel records; and
       (B) There is information or allegations indicating that the 
     person is, or may be, disclosing classified information in an 
     unauthorized manner to a foreign power or agent of a foreign 
     power, or an issue of otherwise unexplained affluence or 
     excessive indebtedness arises in the course of any background 
     investigation or reinvestigation.
       (3) Each such request--
       (A) shall be accompanied by a written certification signed 
     by the department or agency head or deputy department or 
     agency head concerned and shall certify that--
       (i) the person concerned is or was an employee within the 
     meaning of subparagraph (2)(A) above;
       (ii) the request is being made pursuant to an authorized 
     inquiry or investigation and is authorized under this 
     section; and
       (iii) the records or information to be reviewed are records 
     or information which the employee has previously agreed to 
     make available to the authorized investigative agency for 
     review;
       (B) shall contain a copy of the agreement referred to in 
     subparagraph (A)(iii);
       (C) shall identify specifically or by category the records 
     or information to be reviewed; and
       (D) shall inform the recipient of the request of the 
     prohibition described in subsection (b).
       (b) Notwithstanding any other provision of law, no 
     governmental or private entity, or officer, employee, or 
     agent of such entity, may disclose to any person, other than 
     those officers, employees, or agents of such entity necessary 
     to satisfy a request made under this section, that such 
     entity has received or satisfied a request made by an 
     authorized investigative agency under this section.
       (c)(1) Notwithstanding any other provision of law except 
     section 6103 of title 26, United States Code, an entity 
     receiving a request for records or information under 
     subsection (a) shall, if the request satisfies the 
     requirements of this section, make available such records or 
     information within 30 days for inspection or copying, as may 
     be appropriate, by the agency requesting such records or 
     information.
       (2) Any entity (including any officer, employee or agent 
     thereof) that discloses records or information for inspection 
     or copying pursuant to this section in good faith reliance 
     upon the certifications made by any agency pursuant to this 
     section shall not be liable for any such disclosure to any 
     person under this title, the constitution of any State, or 
     any law or regulation of any State or any political 
     subdivision of any State.
       (d) Subject to the availability of appropriations therefor, 
     any agency requesting records or information under this 
     section may reimburse a private entity for any cost 
     reasonably incurred by such entity in responding to such 
     request, including the cost of identifying, reproducing, or 
     transporting records or other data.
       (c) An agency receiving records or information pursuant to 
     a request under this section may disseminate the records or 
     information obtained pursuant to such request outside the 
     agency only to the agency employing the employee who is the 
     subject of the records or information, to the Department of 
     Justice for law enforcement or counterintelligence purposes, 
     or, with respect to dissemination to an agency of the United 
     States, only if such information is clearly relevant to the 
     authorized responsibilities of such agency.
       (f) Nothing in this section shall affect the authority of 
     an investigative agency to obtain information pursuant to the 
     Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) or 
     the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).


                              DEFINITIONS

       Sec. 805. For purposes of this title--
       (a) the phrase ``classified information'' means any 
     information that has been determined pursuant to Executive 
     Order No. 12356 of April 2, 1982, or successor orders, or the 
     Atomic Energy Act of 1954, to require protection against 
     unauthorized disclosure and that is so designated;
       (b) the term ``employee'' includes any person who receives 
     a salary or compensation of any kind from the United States 
     Government, is a contractor of the United States Government 
     or an employee thereof, is an unpaid consultant of the United 
     States Government, or otherwise acts for or on behalf of the 
     United States Government;
       (c) the term ``authorized investigative agency'' means an 
     agency authorized by law or regulation to conduct 
     counterintelligence investigation or investigations of 
     persons who are proposed for access to classified information 
     to ascertain whether such persons satisfy the criteria for 
     obtaining and retaining access to such information;
       (d) the term ``State'' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Trust Territory of the Pacific Islands, and any 
     territory or possession of the United States.


                             EFFECTIVE DATE

       Sec. 806. This title shall take effect 180 days after the 
     date of its enactment.

     SEC. 3. DISCLOSURE OF CONSUMER CREDIT REPORTS FOR 
                   COUNTERINTELLIGENCE PURPOSES.

       Section 608 of the Fair Credit Reporting Act (15 U.S.C. 
     1681f) is amended--
       (1) by striking ``Notwithstanding'' and inserting ``(a) 
     Disclosure of Certain Identifying Information.--
     Notwithstanding''; and
       (2) by adding at the end the following new subsection: 
     ``(b) Disclosures to the FBI for Counterintelligence 
     Purposes.--
       ``(1) Consumer reports.--Notwithstanding the provisions of 
     section 604, a consumer reporting agency shall furnish a 
     consumer report to the Federal Bureau of Investigation when 
     presented with a written request for a consumer report, 
     signed by the Director or Deputy Director of the Federal 
     Bureau of Investigation who certifies compliance with this 
     subsection. The Director or Deputy Director may make such a 
     certification only if he has determined in writing that--
       ``(A) such records are necessary for the conduct of an 
     authorized foreign counterintelligence investigation; and
       ``(B) there are specific and articulable facts giving 
     reason to believe that the consumer whose consumer report is 
     sought is a foreign power or an agent of a foreign power, as 
     defined in section 101 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801).
       ``(2) Identifying information.--Notwithstanding the 
     provisions of section 604, a consumer reporting agency shall 
     furnish identifying information respecting a consumer, 
     limited to name, address, former addresses, places of 
     employment, or former places of employment, to the Federal 
     Bureau of Investigation when present with a written request, 
     signed by the Director or Deputy Director, which certifies 
     compliance with this subsection. The Director or Deputy 
     Director may make such certification only if the Director or 
     Deputy Director has determined in writing that--
       ``(A) such information is necessary to the conduct of an 
     authorized foreign counterintelligence investigation; and.
       ``(B) there is information giving reason to believe that 
     the consumer has been, or is about to be, in contact with a 
     foreign power or an agent of a foreign power, as so defined.
       ``(3) Confidentiality.--No consumer reporting agency or 
     officer, employee, or agent of such consumer reporting agency 
     may disclose to any person, other than those officers, 
     employees, or agents of such agency necessary to fulfill the 
     requirement to disclose information to the Federal Bureau of 
     Investigation under this subsection, that the Federal Bureau 
     of Investigation has sought or obtained a consumer report or 
     identifying information respecting any consumer under 
     paragraph (1) or (2), nor shall such agency, officer, 
     employee, or agent include in any consumer report any 
     information that would indicate that the Federal Bureau of 
     Investigation has sought or obtained such a consumer report 
     or identifying information.
       ``(4) Payment of fees.--The Federal Bureau of Investigation 
     may, subject to the availability of appropriations, pay to 
     the consumer reporting agency assembling or providing credit 
     reports or identifying information in accordance with this 
     title, a fee for reimbursement for such costs as are 
     reasonably necessary and which have been directly incurred in 
     searching, reproducing, or transporting books, papers, 
     records, or other data required or requested to be produced 
     under this subsection.
       ``(5) Limit on dissemination.--The Federal Bureau of 
     Investigation may not disseminate information obtained 
     pursuant to this subsection outside of the Federal Bureau of 
     Investigation, except to the Department of Justice or as may 
     be necessary for the conduct of a foreign counterintelligence 
     investigation.
       ``(6) Rules of construction.--Nothing in this subsection 
     shall be construed to prohibit information from being 
     furnished by the Federal Bureau of Investigation pursuant to 
     a subpoena or court order, or in connection with a judicial 
     or administrative proceeding to enforce the provisions of 
     this Act. Nothing in this subsection shall be construed to 
     authorize or permit the withholding of information from 
     Congress.
       ``(7) Reports to congress.--On an annual basis, the 
     Attorney General of the United States shall fully inform the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives, and the Select Committee on Intelligence of 
     the Senate concerning all requests made pursuant to 
     paragraphs (1) and (2).
       ``(8) Damages.--Any agency or department of the United 
     States obtaining or disclosing credit reports, records, or 
     information contained therein in violation of this subsection 
     is liable to the consumer to whom such records relate in an 
     amount equal to the sum of--
       ``(A) $100, without regard to the volume of records 
     involved;
       ``(B) any actual damages sustained by the consumer as a 
     result of the disclosure;
       ``(C) if the violation is found to have been willful or 
     intentional, such punitive damages as a court may allow; and
       ``(D) in the case of any successful action to enforce 
     liability under this subsection, the costs of the action, 
     together with reasonable attorneys fees, as determined by the 
     court.
       ``(9) Good faith exception.--Any credit reporting agency or 
     agent or employee thereof making disclosure of credit reports 
     or identifying information pursuant to this subsection in 
     good faith reliance upon a certificate of the Federal Bureau 
     of Investigation pursuant to this subsection shall not be 
     liable to any person for such disclosure under this title, 
     the constitution of any State, or any law or regulation of 
     any State or any political subdivision of any State. As used 
     in this subsection, the term `State' means any State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Trust Territory of the Pacific Islands, and 
     any territory or possession of the United States.
       ``(10) Limitation of remedies.--The remedies set forth in 
     this subsection shall be the only judicial remedies for 
     violation of this subsection.
       ``(11) Injunctive relief.--In addition to any other remedy 
     contained in this subsection, injunctive relief shall be 
     available to require compliance with the procedures of this 
     subsection. In the event of any successful action under this 
     subsection, costs of the action, together with reasonable 
     attorneys fees, as determined by the court, may be 
     recovered.''

     SEC. 4. REWARDS FOR INFORMATION CONCERNING ESPIONAGE

       (a) Rewards.--Section 3071 of title 18, United States Code, 
     is amended--
       (1) by inserting ``(a)'' before ``With respect to''; and
       (2) by adding at the end the following new subsection:
       ``(b) With respect to acts of espionage involving or 
     directed at the United States, the Attorney General may 
     reward any individual who furnishes information--
       ``(1) leading to the arrest or conviction, in any country, 
     of any individual or individuals for commission of an act of 
     espionage against the United States;
       ``(2) leading to the arrest or conviction, in any country, 
     of any individual or individuals for conspiring or attempting 
     to commit an act of espionage against the United States; or
       ``(3) leading to the prevention or frustration of an act of 
     espionage against the United States.''.
       (b) Definitions.--Section 3077 of such title is amended by 
     inserting at the end thereof the following new paragraph:
       ``(8) `act of espionage' means an activity that is a 
     violation of--
       ``(A) section 793, 794 or 798 of title 18, United States 
     Code;
       ``(B) section 783(b) of title 50, United States Code; or
       ``(C) section 4 of the Subversive Activities Control Act of 
     1950 (50 U.S.C. 783).''.
       (c) Clerical Amendments.--The items relating to chapter 204 
     in the table of chapters at the beginning of such title, and 
     in the table of chapters at the beginning of part II of such 
     title, are each amended by adding at the end the following: 
     ``and espionage.''

     SEC. 5. ESPIONAGE NOT COMMITTED IN ANY DISTRICT.

       (a) In General.--Chapter 211 of title 18, United States 
     Code, is amended by inserting after section 3238 the 
     following new section:

     ``Sec. 3239. Espionage and related offenses not committed in 
       any district

       ``The trial for any offense involving a violation of--
       ``(1) section 793, 794, 798, 952, or 1030(a)(1) of this 
     title;
       ``(2) section 601 of the National Security Act of 1947 (50 
     U.S.C. 421); or
       ``(3) subsection (b) or (c) of section 4 of the Subversive 
     Activities Control Act of 1950 (50 U.S.C. 783 (b) or (c), 
     begun or committed upon the high seas or elsewhere out of the 
     jurisdiction of any particular State or district, may be in 
     the District of Columbia or in any other district authorized 
     by law.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 211 of such title is amended by 
     inserting after the item relating to section 3238 the 
     following:

``3239. Jurisdiction of espionage outside the United States and related 
              offenses.''.

     SEC. 6. CRIMINAL FORFEITURE FOR VIOLATION OF CERTAIN 
                   ESPIONAGE LAWS

       (a) Section 798 of title 18, United States Code, is amended 
     by adding at the end the following new subsections:
       ``(d)(1) Any person convicted of a violation of this 
     section shall forfeit to the United States irrespective of 
     any provision of State law--
       ``(A) any property constituting, or derived from, any 
     proceeds the person obtained, directly or indirectly, as the 
     result of such violation; and
       ``(B) any of the person's property used, or intended to be 
     used, in any manner or part, to commit, or to facilitate the 
     commission of, such violation.
       ``(2) The court, in imposing sentence on a defendant for a 
     conviction of a violation of this section, shall order that 
     the defendant forfeit to the United States all property 
     described in paragraph (1).
       ``(3) Except as provided in paragraph (4), the provisions 
     of subsections (b), (c), and (e) through (p) of section 413 
     of the Comprehensive Drug Abuse Prevention and Control Act of 
     1970 (21 U.S.C. 853 (b), (c), and (e)-(p)) shall apply to--
       ``(A) property subject to forfeiture under this subsection;
       ``(B) any seizure of disposition of such property; and
       ``(C) any administrative or judicial proceeding in relation 
     to such property, if not inconsistent with this subsection.
       ``(4) Notwithstanding section 524(c) of title 28, there 
     shall be deposited in the Crime Victims Fund established 
     under section 1402 of the Victims of Crime At of 1984 (42 
     U.S.C. 10601) all amounts from the forfeiture of property 
     under this subsection remaining after the payment of expenses 
     for forfeiture and sale authorized by law.
       ``(c) As used in subsection (d) of this section, the term 
     `State' means any State of the United States, the District of 
     Columbia, the Commonwealth of Puerto Rico, the Trust 
     Territory of the Pacific Islands, and any territory or 
     possession of the United States.''.
       ``(b) Amendments for Consistency in Application of 
     Forfeiture Under Title 18.--(1) Section 793(h)(3) of such 
     title is amended in the matter above subparagraph (A) by 
     striking out ``(o)'' each place it appears and inserting in 
     lieu thereof ``(p)''.
       ``(2) Section 794(d)(3) of such title is amended in the 
     matter above subparagraph (A) by striking out ``(o)'' each 
     place it appears and inserting in lieu thereof ``(p)''.
       ``(c) Suberversive Activities Control Act.--Section 4 of 
     the Subversive Activities Control Act of 1950 (50 U.S.C. 783) 
     is amended by adding at the end the following new subsection:
       ``(g)(1) Any person convicted of a violation of this 
     section shall forfeit to the United States irrespective of 
     any provision of State law--
       ``(A) any property constituting, or derived from, any 
     proceeds the person obtained, directly or indirectly, as the 
     result of such violation; and
       ``(B) any of the person's property used, or intended to be 
     used, in any manner or part, to commit, or to facilitate the 
     commission of, such violation.
       ``(2) The court, in imposing sentence on a defendant for a 
     conviction of a violation of this section, shall order that 
     the defendant forfeit to the United States all property 
     described in paragraph (1).
       ``(3) Except as provide in paragraph (4), the provisions of 
     subsections (b), (c), and (e) through (p) of section 413 of 
     the Comprehensive Drug Abuse Prevention and Control Act of 
     1970 (21 U.S.C. 853 (b), (c), and (e)-(p) shall apply to--
       ``(A) property subject to forfeiture under this subsection;
       ``(B) any seizure or disposition of such property; and
       ``(C) any administrative or judicial proceeding in relation 
     to such property, if not inconsistent with this subsection.
       ``(4) Notwithstanding section 524(c) of title 28, there 
     shall be deposited in the Crime Victims Fund established 
     under section 1402 of the Victims of Crime Act of 1984 (42 
     U.S.C. 10601) all amounts from the forfeiture of property 
     under this subsection remaining after the payment of expenses 
     for forfeiture and sale authorized by law.''.

     SEC. 7 DENIAL OF ANNUITIES OR RETIRED PAY TO PERSONS 
                   CONVICTED OF ESPIONAGE IN FOREIGN COURTS 
                   INVOLVING UNITED STATES INFORMATION.

       Section 8312 of title 5, United States Code, is amended by 
     adding at the end thereof the following new section--
       ``(d) For purposes of subsections (b)(1) and (c)(1), an 
     offense within the meaning of such subsections is established 
     if the Attorney General certifies to the agency administering 
     the annuity or retired pay concerned--
       ``(1) that an undividual subject to this chapter has been 
     convicted by an impartial court of appropriate jurisdiction 
     within a foreign country in circumstances in which the 
     conduct violates the provisions of law enumerated in 
     subsections (b)(1) and (c)(1), or would violate such 
     provisions had such conduct taken place within the United 
     States, and that such conviction is not being appealed or 
     that final action has been taken on such appeal;
       ``(2) that such conviction was obtained in accordance with 
     procedures that provided the defendant due process rights 
     comparable to such rights provided by the United States 
     Constitution, and such conviction was based upon evidence 
     which would have been admissible in the courts of the United 
     States; and
       ``(3) that such conviction occurred after the date of 
     enactment of this subsection,''.

  Mr. WARNER. Madam President, I am pleased to join with the chairman 
of the Senate Intelligence Committee, Senator DeConcini, in 
introducing, on the request of the President and the administration, a 
legislative proposal to improve the counterintelligence and security 
posture of the United States.
  This proposal is a result of a month-long interagency review of 
counterintelligence requirements in the wake of the tragic consequences 
of the Ames case. Since the arrest of Aldrich Ames in February, various 
Senators have introduced four pieces of legislation which seek to 
correct some of the problems revealed by the Ames case. On March 17, 
Chairman DeConcini and I introduced S. 1948, the Counterintelligence 
and Security Enhancement Act of 1994.
  Senator Boren and Senator Cohen, likewise, have introduced 
legislation, they being the former chairman and vice chairman 
respectively, of the Senate Intelligence Committee, and Senators who 
through many years here have given very, very valuable attention and 
work on behalf of not only the committee but the Senate as a whole in 
matters of intelligence.
  These counterintelligence bills will be the subject of an open 
hearing. That is all three of them: The President's bill, which I am 
now introducing; the DeConcini-Warner bill; and legislation Senators 
Boren and Cohen have introduced. They will all be the subject of an 
open hearing conducted by the Select Committee on Intelligence at 10 
o'clock.
  At that hearing, the committee will receive testimony from Government 
witnesses and outside experts on the implications of the various 
legislative proposals currently pending before the committee.
  A common theme in all of this legislation is the focus on the 
financial activities of employees in the intelligence community. As has 
become all too clear, the motivation for modern day ``turncoats'' is no 
longer ideology as it was in the 1940's and the 1950's. Today, the 
dirty dollar is what causes people to sell this Nation's most valuable 
secrets to its adversaries and imperil our own national security.
  These three pieces of legislation begin to look at what we try to do 
in maintaining a balance between individual rights and the Nation's 
security interests. Each legislation looks at varying degrees to which 
these employees will have to, by their own consent, accept an invasion 
into their privacy, as well as the privacy of their families, in order 
for appropriate checks to be made in a timely fashion on their 
lifestyle to determine whether or not there is any evidence to question 
their activities.
  The administration's proposal is focused on the financial records of 
employees with access to classified information. However, from an 
initial study of this proposal, it appears to be more limited than the 
DeConcini-Warner bill. For example, it is not clear from the 
legislation which categories of employees with access to classified 
information would be required to provide further written consent for 
Government access to their financial and travel records. In addition, 
it is not clear that there is any requirement for the filing of 
financial disclosure reports, as is called for in our legislation. Nor 
is there any provision which provides the FBI with access to employees' 
tax records.
  One area of critical importance, which the administration's 
legislative proposal fails to address, is the relationship between the 
CIA and the FBI concerning the conduct of counterintelligence 
investigations. Chairman DeConcini and I have spent a considerable 
amount of time on this issue of late. Since the Ames case broke, we 
have been hearing tales of long-standing disagreement and conflict 
between these two agencies in this area. It is my understanding that 
the administration will attempt to mediate the dispute between the FBI 
and the CIA through Executive order.
  Such an administrative approach alone may not be acceptable to the 
senior members of the Intelligence Committee.
  At the present time, it is the position of the senior members of both 
the Senate and the House to legislate on this matter. So whether it 
eventually is acceptable remains to be seen. I know Chairman DeConcini 
shares my belief that legislation is necessary to solve the problems 
between the FBI and the CIA in the area of counterintelligence. 
Executive orders and memoranda of understanding have not worked, in our 
judgment, in the past. Without legislation, an administrative solution 
will be far too dependent on the personalities of the individuals in 
charge of the FBI and CIA at whatever time in the future such disputes 
may arise.
  In other words, a solution which is simply an executive branch order 
would be subject to the cooperation between the individuals who are 
occupying those important positions and what their personal and 
professional relationship at that time may be.
  Overall, the administration appears to have taken a cautious approach 
to the problem, an approach which stops short, in the judgment of many, 
of the various legislative proposals currently before the Senate. I am 
hopeful that testimony from the administration witnesses at the hearing 
tomorrow will clarify the reason for this approach, which is quite 
different from that which we have thus far taken in our committee 
structure.
  I might add, as a concluding paragraph to my remarks, that I have 
worked many, many years with Director Woolsey at the CIA. Our 
relationship started as far back as when he became counsel to the 
Senate Armed Services Committee. Since that time, he has had many--and 
I underline many--distinguished and important public service posts. I 
have worked with him on arms control matters when he was in Geneva and 
I have a very, very high regard, professionally and personally, for the 
current Director of the Central Intelligence Agency.
  We have our differences on some of the approaches here; primarily, 
regarding whether or not the relationship between the FBI and CIA 
should be subject to legislation or left to reconciliation through 
Executive orders. There have, however, been many constructive exchanges 
between the two of us on numerous items of national security interest. 
I, frankly, commend him for the manner in which he handled this 
difficult assignment and this tragic and wholly unexpected case 
involving the Ames matter.

                          ____________________