JOURNAL - OFFICE OF LEGISLATIVE COUNSEL THURSDAY - 30 OCTOBER 1969
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP73B00296R000500070009-1
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RIPPUB
Original Classification:
S
Document Page Count:
6
Document Creation Date:
December 21, 2016
Document Release Date:
July 7, 2006
Sequence Number:
9
Case Number:
Publication Date:
October 30, 1969
Content Type:
NOTES
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SECRET
Journal - Office of Legislative Counsel Page 3
Thursday - 30 October 1969
11.1 - JGO) Met with Mrs. Oneta Stockstill,
Executive Secretary , House Armed Services Committee, and reviewed
with her H. R. 14318 and H. R. 14323 bills to create an office of defen S
and a temporary national security cQmmission. Mrs. Stockstill advi
comments have been requested from DOD and the Comptroller Gener
but that no Committee action is anticipated on these bills. No interim
response is desired. If the Agency has strong objection to the bill such
a response would be of use to the Committee. Otherwise no answer tc~
the Chairman's letter is needed at this time.
JOHN M. MAURY c-
Legislative Counsel
cc:
ER
O/DDCI
Mr. Houston
Mr. Goodwin
DDI
DDS
DDS&T
OPPB
EA/DDP
Item 10 - OSj
SECRET
'view
that
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27 October 196
MEMORANDUM FOR THE RECORD
SUBJECT: DCI Response to Chairman, House Committee on Armed
REFERENCE: H. R. 14318 and H. R. 14323
1. Chairman Rivers requested CIA views and recommendations on
the referenced bills in a letter to the Director dated,15 October 1969. Both
bills were introduced.13 October 1969 and referred to the Committee on
2. li. Tt. 1,1316 would ceaaw an Of.liua of Dofolis ltcviow to lnuuro that
provisions for defense and national security be subject to continuous congres-
sional review. Under Section 3 the Office would: determine whether projected
weapons systems and military installations accord with national defense
policy; determine whether the actual performance of .procured systems and
installations is in accordance with originally declared objectives and policy;
prepare for Congress a defense budget independent of that prepared by the
executive branch; prepare optional defense budgets; report to the Armed
Services Committees of Senate and House, "to other appropriate congres-
sional committees, " and.to a Joint Board of Defense Review (3S enators
3 Representatives); provide information to individual members of Congress,
on request, concerning matters of defense and national security; and
recommend improvements in the operating efficiency of executive departments
in the area of defense and national security.
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3. Section 4 of H. R. 14318 directs the head of any department;or'
agency to furnish. to,the Office Di)rector any report submitted to the
Comptroller General, of the U.S. if the. Director; deems it of, consequextce
in the area of defense and national security. Section 4 also authorizes to
Office inter alia, to.establish security requirements, "exercising due care
to protect classified information, sensitive intelligence sources and
methods, and,, in this regard, (to) seek the advice of, the Director of ,,Central
Intelligence.11'
4. H. R. 14323 would establish a Temporary National Security
Commission (5 Senators, 5 Representatives, 6 individuals from private
li(,, itl I ro1)voaoiiUtLlva of Ll o Conn 144l Accut4ntii)g, uCfic(l) to study the
national defense sector, "including, but not limited ,to, the operation of all.
agencies established in the National Security Act of 19471, (Sec. 3). The..
Commission.would determine inter alia: what are the national policies:and
objectives in the areas of defense and security; whether the national interest
is being properly served by existing agencies, and whether existing and
projected weapons systems, military installations, management procedures,
and fiscal performance of such agencies conform to national policy. The
Commission would cease to exist on 31 December 1972.
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5. Section 6(e) of H.R. 14323 provides that the Commission may
secure directly from any department or agency information necessary to
enable it to carry out this Act. The Commission "shall exercise due
care to protect classified information, sensitive intelligence sources and
methods, and, in this regard shall. seek the advice of the Director of Central
Intelligence. "
6. Section 8 of H.R. 14323 directs the Commission to transmit
reports to the President and Congress, and to withhold from reports
made available to the public or transmitted to Congress material judged
detrimental to national security.
ANALYSIS
7. The writer sees several potential problems in H. R. 14318.
b. In determining whether weapons systems and military
installations accord with national defense policy, the Office of
Defense Review will presumably have to make a threat evaluation,
of foreign powers, requiring access at least to finished intelligence.
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c. While H. R. 14318 specifically directs that the advice of
the Director of Central Intelligence shall be sought on protecting
classified information and intelligence, sources and methods, there
is no assurance such advice will. be followed. Even assuming so,
one faces the inadequacy, of existing legislation as a deterrent to
unauthorized disclosures (see file on that subject).
which are
8. H. R. 14323 poses problems/an order of magnitude greater than
H.R. 14318. Since the Commission would hold essentially plenary power?
to investigate and require evidence, the danger of unauthorized disclosure
would be commensurately greater. As in the case of H. R. 14318 the
Commission may "arrange with the Civil Service Commission for the conduct
of such security or other personnel investigations of the Commission's
employees, consultants, and contractors, actual or prospective, as it deems
appropriate." There is similar provision for consulting the Director on
protection of classified information.
RECOMMENDATION
9.' The interim' reply to Chairman Rivers should be to thank' him
for forwarding the bills and to indicate they are under'studyI , Thei interim
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action should be to ascertain discreetly. whether the bills have a'chance
of getting out of committee. If so, a reply should be drafted 1ndicating
that they are, clearly a matter :of .congressional discretion but doting,.
reservations., on the question of security..
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