[Congressional Record Volume 161, Number 173 (Tuesday, December 1, 2015)]
[Senate]
[Page S8237]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016 OBJECTION
Mr. WYDEN. Mr. President, this afternoon the House of Representatives
passed a new version of the Intelligence authorization bill for fiscal
year 2016. I am concerned that section 305 of this bill would undermine
independent oversight of U.S. intelligence agencies, and if this
language remains in the bill, I will oppose any request to pass it by
unanimous consent.
Section 305 would limit the authority of the watchdog body known as
the Privacy and Civil Liberties Oversight Board. In my judgment,
curtailing the authority of an independent oversight body like this
board would be a clearly unwise decision. Most Americans whom I talk to
want intelligence agencies to work to protect them from foreign
threats, and they also want those agencies to be subject to strong,
independent oversight, and this provision would undermine some of that
oversight.
Section 305 states that the Privacy and Civil Liberties Board shall
not have the authority to investigate any covert action program. This
is problematic for two reasons. First, while this board's oversight
activities to date have not focused on covert action, it is reasonably
easy to envision a covert action program that could have a significant
impact on Americans' privacy and civil liberties--for example, if it
included a significant surveillance component.
An even bigger concern is that the CIA, in particular, could attempt
to take advantage of this language and could refuse to cooperate with
investigations of its surveillance activities by arguing that those
activities were somehow connected to a covert action program. I
recognize that this may not be the intent of this provision, but in my
15 years on the Intelligence Committee, I have repeatedly seen senior
CIA officials go to striking lengths to resist external oversight of
their activities. In my judgment, Congress should be making it harder,
not easier, for intelligence officials to stymie independent oversight.
For these reasons, it is my intention to object to any unanimous
consent request to pass this bill in its current form. I look forward
to working with my colleagues to modify or remove this provision.
____________________