Statement of Administration Policy: H.R. 3822 - Intelligence Oversight Act of 1988

(Revised - LA)

(House Rules)
(Rep. Stokes (D) Ohio and two others)

If H.R. 3822 is presented to the President, his senior advisers would recommend that it be vetoed because the bill is unwise and constitutionally defective.

Specifically, H.R. 3822 would:

—    infringe on the President's ability to conduct foreign policy by requiring the executive branch to report, without any exception whatsoever, every "finding" approving a covert action to Congress prior to the initiation of the covert action or, when time is of the essence and the covert action must begin before notice can be given, as soon as possible, but in no event later than 48 hours of the signing of that finding;

—    undermine the President's ability to fulfill his constitutional duties in the field of foreign affairs by purporting to eliminate all flexibility to delay notification of Congress to meet rare, extraordinary circumstances — such as situations where innocent lives are at stake — until he determines that the circumstances requiring delay no longer exist;

—    interfere with the President's ability to act with the necessary expedition, flexibility, and secrecy in foreign affairs, in violation of the constitutional principle of separation of powers; and

—    constrain the President's ability to work with other governments that insist on secrecy.