LETTER TO HONORABLE JOHN C. STENNIS FROM W. E. COLBY
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP76M00527R000700160014-2
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
3
Document Creation Date:
December 9, 2016
Document Release Date:
September 2, 2001
Sequence Number:
14
Case Number:
Publication Date:
June 14, 1974
Content Type:
LETTER
File:
Attachment | Size |
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Body:
S.3-167 /t&
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CENTRAL INTELLIGENCE AGENCY
WwsKiNGtQN? D.C. 20505
OLC 74=1256
4 4 JUR 74
Honorable John C. Stennis, Chairman
Committee on Armed Services
United States Senate
Washington. D.C. 20510
Dear Mr. Chairman:
On June 3rd the Senate approved certain amendments to the
CIA section of the National Security Act of 1947 in voting on H. R. 14592.
With certain understandings outlined below, I am pleased to say that
these amendments are acceptable to me.
As you know, I fully accept the amendment inserting the word
"foreign" immediately before the word "intelligence" in the Act, to
clearly express the mission of CIA as relating only to foreign intelligence.
I also am pleased to accept the amended provision of Clause (5) of
subsection (d), adding a requirement to report to the Congress any
"... functions and duties related to foreign intelligence affecting the
national security as may be specifically directed from time to time by
the [National Security] Council... ".
With respect to the modified version finally adopted of a new
section restricting CIA's activities in the United States, I believe that
this language is fully appropriate on the understanding that certain
foreign intelligence operations and certain activities necessary to the
support of foreign intelligence operations can be legitimately conducted
under Clause (5.) of subsection (d) noted above, if specifically directed by
the National Security Council and reported to the Congress'. These would
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include such current activities, described in my confirmation 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) establish-
ing 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, I believe the United States would be unable to
acquire significant foreign intelligence important to the national security.
Perhaps this understanding could be included as an element of the
legislative history of this Act.
The new subsection 102(g)(2) seems redundant and hardly appropriate
in providing that a Federal agency should not participate in illegal activities.
Further, I believe it possible that some could argue that such language
affects the now clearly authorized acts of the Agency such as those outlined
in Sections 5, 6, 7 and 8 of the CIA Act of 1949, exempting CIA from various
provisions of law where necessary to the security of foreign intelligence
operations.
Please allow me to express my appreciation of your interest in a
clear statutory delineation of this Agency's functions and authority and
my assurance that this Agency will respect in every way in the future
the scope'of the Agency's unique authorities as applying only to foreign
intelligence and related activities.
Sincerely,
Signed
W. E. Colby
Director
Distribution:
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Suggested Language for Incorporation in
Conference Report on H. R. 14592
New subsection 102(g)(1) of the bill clarifies activities
in which the CIA may not engage within the United States.
In enacting this new subsection, it is not intended to
impinge upon activities authorized by law such as those
currently undertaken within the United Mates in support
of the CIA's foreign intelligence mission, including the
receipt of foreign intelligence information.
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