LETTER TO JAMES M. FREY FROM (Sanitized)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800090001-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 15, 2016
• Document Release Date: December 31, 2003
• Sequence Number: 1
• Publication Date: September 22, 1975
• Content Type: LETTER

OLC 75-1950/a
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CENTRAL INTELLIGENCE AGENCY
WASH I NGTON, D.C. 20505
2 2 SEP 1975
Mr. James M. Frey
Assistant Director for Legislative Reference
Office of Management and Budget
Washington, D. C. 20503
Dear Mr. Frey:
This is in response to your request for the views of the Central
Intelligence Agency on S. 205. This bill would require every Federal
agency to fully and currently inform each congressional standing committee
on all matters relating to the agency within the jurisdiction of that committee.
A related requirement in the bill is that Federal agencies "furnish any
information requested by any such standing committee with respect to
the activities or responsibilities of that Agency within the jurisdiction
of that committee. "
The Central Intelligence Agency provides both substantive intelligence
and operational information to the appropriate committees of the Congress.
When requested by individual members or committees, we provide substan-
tive briefings on foreign developments on matters within their jurisdiction.
Thus far in 1975, for example, we have briefed committees or members
on over 65 separate occasions, thus meeting every request. Congress
has an important role in the formulation of our nation's foreign policy,
and I believe CIA should help provide the foreign intelligence which will
enable the Congress to effectively fulfill its responsibilities.
Although we are periodically asked by various committees for opera-
tional information, reports on these matters, pursuant to long-established
procedures of the Congress, are provided only to our oversight committees.
The only exception is information on non-intelligence gathering activities,
which, pursuant to Section 662 of the Foreign Assistance Act of 1974
(P . L . 93-559), are reported to a total of six committees. We keep our
oversight committees (the Armed Services and Appropriations Committees
of both Houses) fully and currently informed regarding all our programs
and activities, and we respond to their requests for information. I believe
this practice enables these committees to beneficially exercise their
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responsibilities of exercising legislative oversight and appropriating funds,
We would not object to a statutory directive to keep these committees fully
and currently informed and to respond to their requests for information;
such a requirement would merely comport to our present practice.
S. 205, however, is not so narrowly phrased. Rather, the bill states
that agencies must keep each standing committee fully and currently informed
"with respect to all matters relating to that agency which are within the
jurisdiction of such committee." I believe this language would lend itself
to jurisdictional claims from diverse committees. In the case of an Agency
like CIA with broad areas of expertise and diversified activities, this
language could be cited by a large number of committees to require CIA to
keep them fully and currently informed on a portion of our activities. This
could result in the dissemination of extremely sensitive information to numerous
committees. Recent experience with the Congress shows clearly that the
wider and more uncontrolled the access to sensitive information the greater
the risk of inadvertent or purposeful iscl s
Moreover, the Senate and House Select Committees on Intelligence are expected
to consider and make recommendations regarding the question of congressional
oversight of CIA. I believe any change in our relations with the Congress
should await the recommendations of those groups.
We at CIA are attempting to maintain a spirit of trust and cooperation
with those in Congress who oversee our activities. Such a spirit can only
be sustained if the Agency is not embroiled in competing claims of jurisdic-
tion, and if committees with access to sensitive CIA information protect it.
I am genuinely concerned that enactment of S. 205 will exacerbate our rela-
tions with the Congress, and I therefore oppose its enactment in its present
form.
Sincerely,
25X1A
Legislative Counsel
Distribution:
Orig - Addressee
1 - OGC
41- OLC Subject
1 - OMB Liaison
1 - OLC Chrono
OLC: DFM: sk (17 Sept 75)
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OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
AUG121975
LEGISLATIVE REFERRAL MEMORANDUM
To: Legislative Liaison Officer
(see attached list)
Subject: S. 205, a bill, "To amend the Legislative
Reorganization Act of 1970 to provide that
Federal agencies keep congressional committees
fully and currently informed."
The Office of Management and Budget would appreciate
receiving the views of your agency on the above subject
before advising on its relationship to the program of the
President, in accordance with OMB Circular A-19.
) To permit expeditious handling, it is requested
X that your reply be made within 30 days.
( ) Special circumstances require priority treatment
and accordingly your views are requested by
Questions should be referred to Bob Carlstrom
( 395-3890 ) or-to---------------------------e---------
the legislative analyst in this office.
ssistant Director for
Legislative Reference
Enclosures
cc:. William Nichols
hes
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ADDRESSEES
Department of
Department of
Department of
Department of
Department of
Department of
Department of
Department of
Department of
Civil Service
Transportation
Justice
the Treasury
Defense
Health, Education
Commerce
State
the Interior
Labor
Commission
and Welfare
Securities and Exchange Commission
Federal Power Commission
Central Intelligence Agency
Nuclear Regulatory Commission
Environmental Protection Agency
Energy Research and Development
Veterans Administration
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Administration
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