[Congressional Record Volume 163, Number 82 (Thursday, May 11, 2017)]
[Senate]
[Page S2912]
VOTE EXPLANATION
[...]
Mr. GRASSLEY. Mr. President, I intend to object to any unanimous
consent request at the present time relating to the nomination of
Courtney Elwood of Virginia to be the general counsel of the Central
Intelligence Agency.
I will object because the CIA has still not responded to my letters
from April 14, 2014; and April 5, 2017, requesting declassification of
two congressional notifications, CNs, about whistleblower
communications. In 2014, the inspector general of the Intelligence
Community issued two CNs about whistleblower communications. The first,
sent on March 28, 2014, had the unclassified subject line
``Whistleblower Communications.'' The second, sent on March 31, 2014,
had the unclassified subject line ``Whistleblower Communications--
Clarification.'' Both documents were classified Secret/NOFORN. I
requested that the CNs be declassified as soon as possible. More than 3
years have passed since my initial request, and I still have not
received declassified versions of the documents or an explanation of
why the documents have not been declassified.
The information contained in the two CNs raises serious policy
implications, as well as potential Constitutional separation-of-powers
issues. The CNs do not appear to contain any information about sources
or methods, and there is a strong public interest in their content. As
a matter of respect, for a coequal branch of government, my
declassification request should have been processed in a timely manner.
Moreover, under the executive branch's own regulations, there are time
limits that apply to processing declassification requests and
classification challenges that the CIA has failed to meet.
In addition, I have requested copies of the CIA's PPD-19 procedures
and policies which allow CIA whistleblowers to seek relief from
reprisal, but the CIA has refused, stating that the documents are
classified and for CIA's internal use only. PPD-19 was largely codified
by the Intelligence Authorization Act, and so the CIA is also required
by law to implement such a policy. It is now at issue in a Federal
lawsuit challenging the CIA's failure to adhere to its own procedures
under the Administrative Procedures Act.
My objection is not intended to question the credentials of Ms.
Elwood in any way. However, the CIA must recognize that it has an
ongoing obligation to respond to Congressional inquiries in a timely
and reasonable manner.
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