JOURNAL - OFFICE OF LEGISLATIVE COUNSEL THURSDAY - 30 OCTOBER 1969

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP73B00296R000500070009-1
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RIPPUB
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S
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6
Document Creation Date: 
December 21, 2016
Document Release Date: 
July 7, 2006
Sequence Number: 
9
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Publication Date: 
October 30, 1969
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NOTES
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Approved For Release 2006/07/07: CIA-RDP73B00296R000500070009-1 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 Approved For Release 2006/07/07: CIA-RDP73B00296R000500070009-1 Approved For Release 2006/07/07: CIA-RDP73B00296R000500070009-1 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. Approved For Release 2006/07/07: CIA-RDP73B00296R000500070009-1 Approved For Release 2006/07/07: CIA-RDP73B00296R000500070009-1 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. Approved For Release 2006/07/07: CIA-RDP73B00296R000500070009-1 Approved For Release 2006/07/07: CIA-RDP73B00296R000500070009-1 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. Approved For Release 2006/07107 : CIA-RDP73B00296R000500070009-1 Approved For Release 2006/07/07: CIA-RDP73B00296R000500070009-1 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 Approved For Release 2006/07/07: CIA-RDP73B00296R000500070009-1 Approved For Release 2006/07/07: CIA-RDP73B00296R000500070009-1 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.. Approved For Release 2006/07/07: CIA-RDP73B00296R000500070009-1