PROXMIRE AMENDMENTS TO NATIONAL SECURITY ACT OF 1947

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000700030044-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 19, 2016
• Document Release Date: November 21, 2005
• Sequence Number: 44
• Content Type: REGULATION

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Proxmire Amendments to National Security Act of 1947
I. Background
A. Senate
With Senator Stennis' agreement, the Senate on 3 June 1974
amended the CIA section of the National Security Act of 1947 by adopting
the Proxmire amendment to the Defense Procurement Authorization
bill for FY 1975 (S. 3000 and H. R. 14592). The bill as amended passed
the Senate on 11 June 1974 and was sent to conference on 12 June 1974.
B. Conference
The House conferees refused to accept the Proxmire amendment
on the basis of germaneness and as a matter of principle of not weighing
down the authorization bill with extraneous material.
C. Future Action
If the House conferees are upheld it is possible:
1. That Senator Proxmire will move similar amendments
to the CIA section of the 1947 National Security Act to other
measures on the Senate floor (such as the Defense Appropriations
bill) or,
2. That Proxmire will push for hearings by the Senate Armed
Services Committee on such legislation. (In October of 1973
Senator Stennis introduced S. 2597 which was similar to but
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hearings have been scheduled so far. )
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3. Representative Lucien Nedzi, Chairman, Special Sub-
comhiittee on Intelligence, House Armed Services Committee,
will commence hearings on his version of the Stennis bill
H. R. 15845.
II. Recommended Position (keyed to Proxmire amendments as modified
in agreement with Stennis--excerpt from section 703 of H. R. 14592
attached)
------------
A. Section 703(1)-(4)
These amendments deal with inserting the word "foreign"
before the word "intelligence" throughout the CIA section (102) of
the Act and was suggested by Colby in his confirmation hearings
in July 1973, was part of the Stennis bill, S. 2597, introduced in
simply
October 1973, and is perfectly acceptable as amply emphasizing
that CIA is concerned only with foreign intelligence.
B. Section 703(5)
This amendment provides for reporting on foreign intelligence
activities to the Congress. A similar amendment was included in
S. 2597 and there is no objection to the establishment of statutory
procedures following actual practices in this regard.
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C. Section 703(6)
1. Page 29, line 16 through page 30, line 7
This amendment is generally intended to provide
that CIA should not carry out on its.own or assist other
agencies of the government in carrying out law enforcement
or police type operations. The CIA is already prohibited
from engaging in law enforcement, police, or internal
security activities and there is no objection in further
clarifying the intent of Congress in this regard. However,
the original Proxmire amendment as modified in agreement
with Stennis does not include one important proviso which
was carried in the Stennis bill, S. 2597, to make sure that
the restrictions would not impinge upon existing intelligence
activities. The proviso which should be added as proviso
(D) on page 30, line 7 is:
"(D) carrying on within the U. S. activities
to support its foreign intelligence responsibi-
litie s. "
Absence the addition of this'proviso it should be under-
stood, perhaps in a colloquy developed on the floor, that
certain foreign intelligence operations and activities
necessary to support foreign intelligence operations can
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be legitimately conducted under section 102(d)(5) as
amended (see page 29, line 6). These would include
such current activities described in Colby's confirma-
tion hearings as:
(a) interviewing American citizens who are
willing voluntarily and without pay to share foreign
intelligence information in their possession with their
Government;
(b) collecting foreign intelligence from foreigners;.
(c) establishing support structures necessary to
foreign intelligence operations abroad; and
(d) providing technical assistance to the Federal
Bureau of Investigation for its counterintelligence
operations against foreigners.
If this were not the intention of the Congress, the United
States would be unable to acquire significant foreign intel-
ligence important to the national security.
2. Page 30, lines 8 and 9
This amendment would prohibit the Agency from
participating in any illegal activities within the United
States. It is redundant and hardly appropriate since all
officials are under oath to uphold the law. The amend-
ment should be struck as "obscene. "
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93n CONGRESS
'
2D SESSION
H. R. 14592
IN THE SENATE OF THE UNITED STATES
JLNE 11,1974
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed in italic]
To authorize appropriations during the fiscal year 1975 for pro-
curement of aircraft, missiles, naval vessels, tracked combat
vehicles, torpedoes, and other weapons, and research, devel-
opulent, test l nd evaluation for the Armed Forces, and to
prescribe the authorized personnel strength for each active
duty component and of"the Selected Reserve of each Reserve
component of the Armed Forces and of civilian personnel of
the Department of Defense, and to authorize the military
training student loads and for other purposes.
I Be it enacted by the Senate and House of Representa-
2 lives of the United States of America in Congress assembled,
3 TIT E T revOCUTLLE.ME4T
5 -miring- he-fiscal-year 1975 for-the- use-of the Armed ?'-
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II-O
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1 "(2) After the date of enactment of this parcgpw ph,
2 any naval vessel not subject to the provisions of paragraph
3 (1) may be sold, leased, granted, loaned, bartered, trans-
4 ferred, or otherwise disposed of in accordance with appli-
6 or his designee, has notified the Committees on Armed Serv-
7 ices of the Senate and the House of Representatives in. writ-
8 ing of the proposed disposition and 30 days of continuous
cable provisions of laic only after the Secretary of the Navy,
session of Congress have expired following the date on which
10 notice was transmitted to such committees. For purposes of
11 this paragraph, the continuity of a session of Congress is
2 broken only by an adjournment of the Congress sine die,
13 and the days on which either .rouse is not in session because
14 of an adjournment of more than 3 days to a clay certain,
(1) Subsection ((I) is amended by -inserting "foreign"
immediately before "intelligence" the first time the latter
term appears in such subsection.
(2) Clauses (1) and (2) of subsection (d) are
amended by inserting "foreign" immediately before "i.ntel-
1947, as amended (00 U.S.C. 403), is amended as follows:
are excluded in the computation of such 30-day period."
SEC. 703. Section 102 of the National Security Act of
ligence" each time the latter term appears in such clauses.
(3) Clause (3) of subsection (d) is amended by in-
AIro~S~e` R(~a~s~00~~itr~$OO~R~003~4>st
26 time the latter term appears in such clause.
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219
1 (4) Clause (4) of subsection (rl) is amended by inse-vt-
in(J "relatin(J to foreirlrn intelligence activities" immediately
after "of cornnron concern".
4 (:5) Clause (5) of subsection (d) is amended to 'read
5 a.s follows.
6 "(5) to perform. such other function's and duties
7 related to foreirpa intelligence affecting the national se-
8 curity as may be specifically directed from time to time
by the Couatcil arrd reported to the Congress in such
manner and in accordance with such procedures as the
11 Congress may establish to insure effectit'e legislative
12 ore-sight with due recognition of essential security
'
13 requirements."
14 (6) Add at the end of such section a new subsection as
15 follows:
16 "(fl) Nothing in, this or any other Act shall be corrst'r-urecl
17 as authorizing the ('yltral Intelligence Agency to-
18 "(1) carry out, directly or indirrectly, within. the
19 United States, either on its own or in cooperation or
20 conjunction with any other department, agerrct/, ory)amai-
21 zation, or iinrli'rid'ual airy police or police-type operation
22 or actr:rritrt, m urt lair' enforcement operation or activ?itg, or
air!/ internal security operation or actir?ity: Prorided,
ho'rcerrer?, That nothing in this Act .shall be construed to
25 prohibit the Central Intciligence Agertcr/ from (A) pro-
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1 tecting its installations, (B) conducting personnel in-
2 vestigation.s of Agency employees and applicants or
3 employees of contractors and others requiring access to
4 sensitive Agency information in carrying out Agency
5 ?responsibilities, or (C) providing information result-
6 ing from foreign intelligence activities to other appro-
7 priate departments and agencies; or
"(2) participate, directly or indirectly, in any il-
legal activity within the United States."
10 SEC. 704. Notwithstanding any other provision of law,
11 no enlisted member of the Armed Forces of the United States
12 may be assigned to duty or otherwise detailed to duty as
13 an enlisted aide, public quarters steward, airman aide, coo/
14 specialist, or food service technician on the personal staff
15 Of any officer of the Army, Navy, Marine Corps, Air Force,
16 or Coast Guard -(when operating as a service of the N(avy)
17 except for two liunAlred and eighteen such enlisted rnen as-
18 signed on a temporary basis by the Secretary of Defense to
19 meet official responsibilities.
20 SEC. 705. Notwithstanding any other provision of lazy,
21 no funds appropriated pursuant to this Act may be used
22 for the purpose of ca/Tiling out research, testing, and/or
23 evaluation of poisonous gases, radioactive materials, poison-
24 ous chemicals, biological, or chemical warfare agents upon
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