OLC ANNUAL REPORT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000100020065-2
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 17
• Document Creation Date: December 15, 2016
• Document Release Date: January 15, 2004
• Sequence Number: 65
• Publication Date: April 17, 1972
• Content Type: MF

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OLC 72-0498/A
17 April 1972
MEMORANDUM FOR: Director of Central Intelligence
SUBJECT: OLC Annual Report
Attached is the OLC 1971 annual report. Among the highlights:
a. We appeared before congressional committees or
subcommittees 17 times (same as last year).
b. We provided 120 individual intelligence briefings
(80 last year).
c. We staffed out, in collaboration with other Agency
components, OMB, other Government agencies, and our
oversight Subcommittees, the Agency position on various
bills involving: personnel administration (Ervin bill, Equal
Employment bill); restrictions on U. S. programs in South-
east Asia (Symington amendment, Foreign Aid bill, Church/
Badillo bill); congressional access to intelligence info and
operations (Cooper bill, Case bill); and making public the
Agency budget (McGovern bill).
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d. We had skirmishes with Congress on: Fulbright's
request for data on Soviet research, allegations about Agency
involvement in drugs, Case's request for info on sensitive
operations, etc. , --thus far without costly casualties.
e. During the year we had 1572 personal contacts with
members or their staffs (compared with 1200 last year) and
provided 685 written responses to congressional inquiries.
CRC, 8/19/2003
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f. Looking ahead, our major problems on the Hill
may result as much from our successes as our failures:
the better we do our job, the greater will be the demand
for access to our intelligence product, and the greater will
be the congressional clamor to learn more, and have more
to say, about our covert activities.
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John M. Maury
Legislative Counsel
Distribution:
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OLC 72 - 0498
17 April 1972
MEMORANDUM FOR: Director of Central Intelligence
SUBJECT: Report of CIA Liaison with Congress - 1971
1. This report summarizes the congressional liaison activities of
the Agency during 1971 and notes some problems and prospects that may
lie ahead.
II. Briefings. The Director appeared before congressional
committees or subcommittees on 14 occasions, including two breakfast
briefings during 1971. (This compares with 17 such briefings in 1970
and 20 in 1969.) Senior Agency officers briefed subcommittees on three
additional occasions.
A. CIA Subcommittees - Senate
1. Appropriations
The Intelligence Operations Subcommittee was
briefed once by the Director. Topics covered
included the intelligence community, Radio Free
Europe and Radio Liberty, Laos (including CIA
operations), and Air America.
2. Armed Services
The Subcommittee, as such, did not meet; rather,
the Chairman preferred that the Agency brief the full
Committee, which was done on two occasions. Topics
included world trouble spots and the role of the DCI
in the intelligence community.
B. CIA Subcommittees - House
1. Appropriations
Selected members were briefed on two occasions:
subjects included the Cooper bill (S. 2224, CIA
intelligence reports to Congress), the McGovern bill
(S. 2231, CIA appropriations), the Middle East,
Vietnam, Laos, the community budget,
, and a new read-out system.
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2. Armed Services
The Intelligence Operations Subcommittee had one
breakfast briefing at Headquarters, where the Agency's
role in the intelligence community was discussed.
C. Other Briefings - Senate
1. Appropriations
The Defense Subcommittee received one briefing
on Soviet and Chinese military developments, the
Middle East, and Southeast Asia.
2. Foreign Relations
The full Committee received one world situation
briefing.
The Arms Control, International Law and
Organization Subcommittee was briefed once
on Soviet and Chinese military developments.
The Western Hemisphere Subcommittee was
briefed once on Brazil.
D. Other Briefings - House
1. Appropriations
The Defense and Military Construction
Subcommittees received a two-day briefing
on Southeast Asia, Pakistan, Chile, Cuba,
Soviet and Chinese military developments,
and Chinese internal affairs.
2. Armed Services
The full Committee received one briefing
on Soviet and Chinese military developments,
the Middle East, Pakistan, and Cuba.
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3. Foreign Affairs
The National Security Policy and Scientific
Developments Subcommittee was briefed once by Carl
Duckett, DD/S&T, on Soviet military developments,
including ASW, FOBS, and MIRV, and Chinese
military developments.
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The Near East Subcommittee received one briefing
on the Arab-Israeli situation by 1 1of
4. Judiciary
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The Immigration Subcommittee received one briefing
by f OLC on a private bill.
5. Post Office and Civil Service
The Employee Benefits Subcommittee attended one
breakfast briefing at Headquarters on the impact of
the Ervin bill on the Agency.
E. Other Briefings - Joint Committees
The Joint Committee on Atomic Energy received one
roundup briefing on Soviet and Chinese military and
nuclear developments and the status of nuclear programs
in France, Israel, India and the threshold countries.
F. Individual Members
Legislative Counsel personnel or senior Agency
officers briefed individual members on various intelligence items
of interest approximately 120 times in 1971 (compared with
80 times in 1970 and 65 times the year before). The steady
increase in such briefings may be expected to continue.
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G. Staff Members
In addition to the daily contact of Agency representatives
with the staffs of our parent committees, OLC officers dealt with
staff members of 16 other congressional committees during
the year on matters of substantive intelligence or legislative
significance.
M. Legislation. The Agency's activities in connection with
legislation involve:
A. Proposing legislation responsive to the Agency's needs.
B. Screening other legislative proposals to identify Agency
interest and where appropriate bringing such proposals to the
attention of responsible Agency components.
C. Coordinating, within the Agency, our position on pending
legislation in response to requests for comment from the Office
of Management and Budget, other Government agencies, and
congressional committees.
D. Initiating appropriate action, either within the Agency
or in concert with other Government organs, regarding legislative
matters of interest to the Agency.
1. During the past year the Agency's legislative proposals
were limited to those dealing with the CIA Retirement Act
and several private relief bills.
a. Amendments to the CIA Retirement Act are designed
to bring the retirement benefits under the CIA Act into line
with the recent liberalization of the Civil Scrvice"System.
These proposals are now under review by OMB, where
they are being held up pending resolution of certain problems
related to funding.
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2. In the course of screening legislative proposals during
the last year, OLC examined some 18, 000 bills , 1, 200
Committee reports and 48, 000 pages of the Congressional Record to
identify matters of Agency interest. As a result of this review,
approximately 1, 000 items of some Agency interest were identified
and brought to the attention of appropriate Agency components. A
main purpose of this program--particularly important in view of.the
current congressional challenge to Executive authority--is to detect
legislative efforts to impair Agency authorities or programs through
amendments, riders or other legislative devices.,
3. Coordination of the Agency position in response to
requests by OMB or congressional committees involved
during the past year 29 bills, draft bills and proposed reports.
The Agency provided comments on 21 of these. In the case of
the remaining eight, we believe that policy matters are involved
which can more appropriately be commented upon by other
elements of the Administration and have so indicated to the
congressional committees concerned.
4. Perhaps our most active involvement in legislative
matters during the past year has concerned the coordination,
with other Government agencies, of legislative measures of
concern to CIA., These have included:
a. Ervin Bill S. 1438
Senate. This bill to "protect the constitutional rights
of Federal employees" passed the Senate during 1971 without
opposition and included a full exemption for the FBI and
limited exemptions for CIA and NSA. At the time of its passage
the Committee report failed to note or acknowledge the
Director's letter to Senator Ervin requesting a full exemption,
and indeed the Committee report erroneously stated that the
bill had been amended to meet the Agency's objections.
While several members of the Committee were consulted on
this point, and indicated that had they known of the true facts
they would have voted differently, they nevertheless advised
that any attempt to reopen the matter after the bill had passed
would be unsuccessful.
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to apply also to
House. A companion bill, which provides a full
exemption for CIA, is under consideration by the full
House Post Office and Civil Service Committee. OLC
officers luve discussed this bill individually with each
member of the responsible Subcommittee, and found
them generally sympathetic with the Agency's position.
b. Equal Employment Opportunities Bill S. 2515.
This bill would give CIA applicants and employees a
specific right of appeal to the Civil Service Commission
or the courts in cases of alleged discrimination. OLC
representatives have pointed out the Agency's problems
in connection with this bill and received generally
sympathetic, but noncommittal, responses. OLC is
working with Civil Service Commission and committee
staff representatives to develop mutually acceptable
language to take care of the Agency's problems.
c. Federal Executive Service H. R. 3807. This is
an Administration proposal providing a centralized
management system for supergrade personnel. Although
as submitted the bill would apply to the Agency, we are
assured by staff officers of both House and Senate com-
mittees that this was not intended. We therefore believe
when the bill becomes active the prospects for an Agency
exemption will be good.
d. Symington Amendment (Laos). This amendment
to the Military Procurement Authorization Act establishes
a dollar ceiling and certain reporting requirements on
U. S. activities in Laos. Although aimed primarily at
the war in Laos, the original language was broad enough
We sought an amendment, or,
alternatively, clarifying legislative history to remove
this aspect of the amendment. The problem was ultimately
resolved through the legislative history device.
e. Foreign Aid Bill S. 2819. This bill, the Foreign
Assistance Act of 1971, was the battleground for measures
seeking to restrict the freedom of Executive action
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overseas. Among these were a prohibition on the
use of third country nationals in Laos; a requirement
that military assistance in Laos be authorized by the
Foreign Relations and Foreign Affairs Committees; and
certain requirements that the Administration report
on the developments in Laos to the Foreign Relations
and Foreign Affairs Committees, and that the Agency
report to the Foreign Relations Committee on its
overseas activities. As reported out by the Foreign
Relations Committee, it contained a number of provisions
creating problems for the Agency. Agency representatives,
in cooperation with representatives of Defense, State,
OMB and the Agency oversight subcommittees of the
Congress, succeeded in resolving many of the problems
presented by the original bill, particularly through floor
action by Senator Stennis. Other problems were satisfactorily
resolved in Committee conference.
f. Church/Badillo Bill S. 1887, H. R. 8371. Our views
were requested by both House and Senate Armed Services
Committees on this bill whi.ch would prohibit the National
Security Council from directing the Agency to conduct
guerrilla warfare abroad. We registered our opposition
informally to senior members of the Armed Services
Committees who agreed with our position and accepted
our suggestion that we withhold any formal reply, since
the issue was ultimately a policy one between the chief
Executive and the Congress. When the measure reached
the House floor, in the form of an amendment to the
Military Procurement Authorization Act, it was defeated
on the basis of Chairman Hebert's argument that the
Agency operated under the direction of the President and
initiated no activity of its own.
g. Cooper Bill S. 2224. The Agency opposition to this
bill, which would require that intelligence information and
analyses be provided to the Congress, is reflected in a
letter to Chairman Fulbright from the State Department
which was prepared in collaboration with the Agency and
which is understood to represent the Administration's views.
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h. Case Bill S. 596. This measure would require
transmittal to the Congress (or to the Foreign Relations
and Foreign Affairs Committees if classified information
is involved) all international agreements other than
treaties. In discussion of this bill at White House meetings,
the Agency has explained its position that "international
agreements" under this bill do not include "intelligence
arrangements, " which must be protected in line with
the Director's responsibility for intelligence sources
and methods. This position has been supported by OMB,
State and Defense.
i. McGovern Bill S. 2231. This bill would require the
CIA appropriation to appear in unclassified form in the
national budget as a single line item and would prohibit
the transfer of funds to CIA from any other agency. The
Senate Armed Services Committee has requested our
views. We have formulated an Agency position informally,
but with the approval of Committee staff members we are
withholding the response until the bill becomes active.
j. Select Committee S. Res. 192. This measure would
establish a committee of Foreign Relations and Armed
Services members to oversee the coordination of activities
of U. S. agencies (including CIA) operating abroad under
the authority of the Ambassador. Our views have been
requested by the Armed Services Committee and we have
formulated a position raising a number of objections, ,
essentially on constitutional grounds. These views have
been made available to State, but we are not formally
responding so long as the matter is still pending before
the Foreign Relations Committee.
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IV. Other Issues
A. Request .for National Estimates. Following publication
of the Pentagon Papers, Senator Fulbright requested copies of
all National Intelligence Estimates and Special National Intelligence
Estimates on Southeast Asia since 1945.. It was. explained that
these were needed in connection with the Foreign Relations Com-
mittee study of the information and recommendations which led
to the U. S. involvement in Indochina. Various discussions
ensued between Agency representatives and members of the
Committee staff during which it was explained that the Agency
would be glad to provide intelligence information on points
relevant to the Committee's study, but was in no position to
provide NIEs. It has been suggested to the Committee staff that
they may find answers to many of their questions by reviewing the
transcripts of the Director's testimony over the last several years
regarding the Vietnam situation. To date, the Committee staff
has not requested any of the transcripts covering this testimony.
B. GAO Request for Data on Soviet Research and Development.
In response to a GAO request for data from CIA and DOD on Soviet
expenditures for research and development, the Director wrote to
GAO explaining the Agency's reasons for being excused from
participation in this study. The Legislative Counsel discussed
the situation privately with Senator McIntyre, Chairman of the
Subcommittee on Research and Development of the Senate Armed
Services Committee, which had originally levied the requirement
for the study on GAO. McIntyre apparently accepted the Agency's
reasons for wishing to be excused.
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D. CIARDS Tax Problem. Through the good offices of
Senator Dominick of Colorado, we were instrumental in getting the state
authorities to exempt CIARDS annuities from the state income tax.
E. Drugs. The Agency was actively involved in congressional
discussions of the drug problem as a result both of allegations of
Agency complicity in the illegal drug traffic in Southeast Asia and
of suggestions that the Agency should play a more active role in
curtailing the international drug traffic. Agency representatives
have met with a number of congressional members and staff
officers on this subject including Senators McGovern and Hansen and
Representatives Robert Steele (Conn. ), Paul Rogers (Fla. ),
Charles Gubser (Calif. ), James Scheuer (N. Y.) and Charles
Rangel (N. Y. ). At our suggestion, Representative Gubser
placed in the Congressional Record a copy of a letter he received
from Director Ingersoll, Bureau of Narcotics and Dangerous Drugs,
stating that CIA was playing a leading role in supporting BNDD in
its drive against illicit drug traffic. We have found it very useful
to refer to this letter in responding to numerous queries from
members of Congress and their constituents regarding the drug
control problem. The report on the drug problem by Representatives
Steele and Murphy, in which the Agency unofficially participated,
was also very helpful in refuting allegations of Agency involvement
in illicit drug activity.
F. Senator Clifford Case. Senator Case, presumably spurred
by John Marks of his staff, has been probing Agency activities on
a number of fronts. He has introduced legislative proposals
requiring that international agreements (including those of CIA)
be made available to the Foreign Relations Committee; and that
RFE and RL be publicly financed; and that defense articles trans-
ferred to foreign countries be counted against military assistance
appropriations. He has also introduced bills prohibiting the
funding of foreign governments or persons for military operations
in third countries without congressional approval and prohibiting
the funding of advisors for training of Cambodian military or
paramilitary forces. In addition he has sought information on
and Air America operations.
After consulting Senator Stennis, we have told Case we would brief
him personally on these matters, but not John Marks. Case has
stated this arrangement is not acceptable and there the matter has
stood for some months.
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G. CIA Subcommittees.
1. During the year a new Intelligence Operations Subcom-
mittee of the House Armed Services Committee was established
under the Chairmanship of Representative Lucien Nedzi. This
move followed the adoption by the Democratic Caucus of a new
policy limiting members to a single subcommittee chairmanship.
As privately conveyed by Chairman Hebert, Mr. Nedzi was
selected to chair this Subcommittee because of the confidence
he enjoyed among the younger and more restive members of
the Committee who had been critical of the handling of intelli-
gence matters by the old leadership.
2. Late in the year Representative George Andrews, a member
of the ad hoc Intelligence Group of the House Appropriations Com-
mittee, died. (In early 1972 Representatives Sikes and Whitten
were added to this group. )
3. During 1971 Senator Barry Goldwater became a member
of the Intelligence Subcommittee of Senate Armed Services,
replacing Senator George Murphy. Senator Margaret Chase
Smith replaced Senator Karl Mundt on the Senate Appropriations
Subcommittee.
H. Reorganization of the Intelligence Community.
1. The 5 November White House announcement on reorganiza-
tion of the community gave rise to congressional concern in two
respects. One initial reaction, voiced by senior members of
Senate Armed Services and Foreign Relations, and House Armed
Services, was fear that the present Director was being "kicked
upstairs" to a position from which he would no longer exercise
personal direction over the Agency's operations. It was suspected
that this day-to-day direction would fall to a new deputy director
who, in turn, would be responsive chiefly to the new NSC Intelligence
Committee composed of senior representatives of the policy arm
of the Administration. It was argued that such an arrangement
might erode the independence and objectivity of the Agency and
the integrity of its product.
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2. When it was pointed out that, in assuming his new duties
regarding the community, the present Director would in no way be
relieved of his basic responsibilities for the direction of CIA,
and that the new NSC Intelligence Committee is charged not with
directing the running of the Agency but merely with identifying
national intelligence needs and evaluating the intelligence product,
questions were raised as to whether the Director's dual responsi-
bilities for the community and the Agency might not be too much for
a single individual to bear, or represent an unwholesome concentra-
tion of power over the nation's intelligence resources.
3. For the moment these twin concerns appear to have sub-
sided. But as the procedures and problems involved in the
Director's discharge of his new responsibilities over the
community unfold, the latter concern about the concentration of
power may be revived.
1. Establishment of Legislative Interdepartmental Group (LIG).
Early in 1971 the White House established the Legislative Interdepart-
mental Group, made up of representatives of State, Defense, the
National Security Council, CIA and other agencies as appropriate, and
chaired by General Haig, Deputy Assistant to the President for National
Security Affairs. This group in which the Agency is represented by
the Legislative Counsel, is charged with coordinating the Administration's
relations with the Congress in matters involving foreign affairs and
national security problems. It has met at irregular intervals of
several weeks and has, from the Agency's standpoint, occasionally
provided a useful forum for exchanging views on legislative matters
or problems of congressional liaison of common concern to the
member agencies.
V. Other Congressional Contacts.
A. In addition to the formal briefings and contacts noted above,
during 1971 OLC representatives had 1, 572 personal contacts with
congressional members and staff personnel. In collaboration with
other Agency components OLC prepared 6.85 written responses to
congressional requests and inquiries. The subject of these contacts
and communications has varied widely, including such matters as
congressional recommendations in support of applicants for employ-
ment; suggesting to members of Congress answers to questions they
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receive from constituents regarding the Agency; responding to
questions about the Agency raised by members of Congress themselves;
providing to members of Congress and appropriately cleared members
of their staffs briefings on intelligence items in which they have
expressed interest; and providing members and staff personnel with
area briefings and, where appropriate, defensive security briefings,
preparatory to their field trips, and debriefing them upon return.
We have made a concerted effort to take advantage of the opportunity
presented by these informal contacts to give congressional members
and staff personnel, many of whom are woefully ill-informed about
the Agency, a better understanding of our missions and functions and
a better appreciation of the way we are doing our job.
B. These informal relations with congressional members and
staff personnel are a two-way street and some of them have been of
substantial benefit to the Agency.
Several of them have also been most helpful in addressing Agency
training classes which have usually led to stimulating question and
answer exchanges.
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4. In a sense, these various problems with the Congress
stem from a central fact: over recent years the Agency has
won new recognition for the importance of its role and new
respect for the integrity of its product. As a result it has
acquired new advantages and new burdens. As demonstrated
by congressional concern over the announcement of the
President's 5 November reorganization, the Congress will be
quick to react in the Agency's defense if it perceives any efforts
by the Executive to impair the Agency's independence. On the
other hand, because of the high standards which the Agency has
set in recent years, and because of congressional sensitivity
to any suspicion that the Agency's product is being corrupted
to serve partisan purposes, we may have to pay a heavy political
price for any serious intelligence failures or operational
blunders. Intelligence failures may give rise to suspicions
that our judgments have been clouded by policy involvements or
political considerations; and operational blunders, particularly
in covert action undertakings, will stimulate increased demands
that the special legislative authorities under which these have
been undertaken be revoked. In sum, the better we do our job,
the better we will have to do it in order to hold our own.
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f John M. Maury
egislative Counsel
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