AMENDMENTS TO S. 3000 PROPOSED BY SENATOR PROXMIRE NATIONAL INTELLIGENCE PROGRAM BUDGET REPORT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000700030050-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 19, 2016
• Document Release Date: November 21, 2005
• Sequence Number: 50
• Content Type: REPORT

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Amendments to S. 3000 Proposed by Senator Proxmire
National Intelligence Program Budget Report
1. Senator Proxmire proposes an amendment which would require
the Director of Central Intelligence to submit an unclassified written report
to the Congress disclosing the total amount of funds requested in the budget
for the national intelligence program for the next succeeding year.
2. This matter has been reviewed repeatedly by the Senate Armed
Services Committee and the Senate Appropriations Committee over the years.
In fact, as recently as April of this year Mr. Colby met with a number of
Senators to review this matter. At that time he stated,t.hat statutory
restrictions placed upon him by the Congress in his capacity as Director
of Central Intelligence to protect Intelligence Sources and Methods preclude
him from recommending or agreeing to the disclosure of the figures which
Senator Proxmire has suggested. He explained that disclosure of the total
intelligence budget would over the years, by virtue of the trends disclosed,
provide valuable assistance to our adversaries. He pointed out that if he
were able to obtain similar information regarding our adversaries, he would
find it useful to the United States Government.
3. I believe that disclosing such a figure would only stimulate further
inquiry for greater details regarding intelligence activities, for explanations
of changes or trends, and for the component elements of the total figure.
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There need be no concern that budgets of other agencies are inflated with
intelligence figures since all intelligence money other than that which is openly
appropriated is included in the Department of Defense appropriations act.
While ours is an open society, certain things must remain secret and this is
one of them. I am strongly opposed to Senator Proxmire's amendment to
require transmissions publicly of the total amount of the national intelligence
program. Furthermore, the CIA subcommittees of the House and the Senate
Armed Services and Appropriations Committees are fully aware of the details
behind this overall figure and they are free to inquire into these matters as
deeply as they deem appropriate. I would also point out that if any member
of the Senate wishes to know what that figure is, I would have no,objection
to furnishing this figure to a member only on a classified basis.
4. Statutory Authorities. Senator Proxmire additionally has
submitted an amendment to the National Security Act of 1947, which estab-
lished the Central Intelligence Agency. A number of his provisions deal
with inserting the word "foreign" before the word "intelligence" which appears
in section 102 of the Act. I would have no objection to the amendments
included in sections 1, 2, 3, 4, and 5 of Senator Proxmire's amendment. I
should like to add that the above amendments were included in S. 2597,
which I introduced in October of last year. The purpose of these amendments
is simply to emphasize that the CIA is concerned only with foreign intelligence.
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Mr. Colby in his confirmation hearings before the Senate Armed Services
Committee agreed that such an amendment would be desirable.
5. Reporting Responsibilities. Section 5 of Senator Proxmire's
amendment is generally concerning procedures for reporting on foreign
intelligence activities to the Congress. A similar amendment was included
in S. 2597, and I have no objection to the establishment of statutory pro-
cedures in this regard. ,
6. Statutory Prohibitions. Section 6 of Senator Proxmire's amendment
is generally intended to provide that CIA shall not carry out on its own or
assist other agencies of government in carrying out law enforcement or
police-type operations. While CIA is already prohibited from engaging in
law enforcement, police, or internal security activities, I would have no
objection in further clarifying the intent of Congress in this regard. The
provisions of Section 6, which add a new subsection (g)(1)(A) to section 103
of the National Security Act of 1947, are substantially similar to a provision
which I had included in S. 2597; however, I had included a proviso that the
restrictions on the Agency would not be construed to prohibit CIA from:
(a) protecting its installations; (b) 'conducting personnel investigations of
Agency employees; (c) carrying on within the U. S. activities to support
its foreign intelligence responsibilities; or (d) providing information resulting
from foreign intelligence activities to other appropriate departments.
I believe this proviso is essential in making clear what the intent of Congress
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is in this regard. Accordingly, I would accept Mr. Proxmire's amendment
(g)(l)(A) if the proviso were added. Section 6 also adds a new subsection
(g)(l)(B) which is designed to prohibit assistance to other departments or
agencies or local governments who are engaged in police, law enforcement,
or internal security functions within the U. S. , unless such assistance is
provided with the prior written approval of the CIA oversight committees of
Appropriations and Armed Services of the Senate and the House. The
requirement to seek specific prior approval of committees of Congress before
an agency of the Executive Branch shall engage in certain activities is in my
judgment a violation of the doctrine of separation of powers and accordingly
would be unconstitutional. I also question the wisdom of preventing the
Director of Central Intelligence from providing the intelligence product of
his efforts in the foreign intelligence field to any interested agency. The
basic purpose behind this amendment could be served as well by the reporting
requirement in Section 5 of Senator Proxmire's amendments. The section
contains a requirement for Agency reporting to the Congress in accordance
with procedures established by the Congress to assure effective legislative
oversight and security. Therefore, I suggest that a similar reporting
provision be inserted in lieu of I:lao lrtngwiage Ruggoiltod by S(Ili for ,l'roxttrl.i?o.
7. 11.ln~rF~l tit, a.
':l'he latit new M11I)tjoction, (g)(L)(C), proposed
by flit (~Piti 1'i %VUI$1t'I lil't~}111x11 II,cI ,~~{rttr y I'i~~itii Irnt'1:14*11ic41 till Ii, Kitiy' Illret me know.
Depu Legislative Counsel
3 June 1974
STAT
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