LETTER TO MR. JAMES L. FREY FROM GEORGE L. CARY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00957A000100010010-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 20, 2016
• Document Release Date: May 24, 2005
• Sequence Number: 10
• Publication Date: November 14, 1974
• Content Type: LETTER

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I~NCCASSIF~Ep ed F ^ USE ONLY ^ CONFIDENTIAL
SUBJECT: (Optional)
ROUTING AND RECORD SHEET
Acting Legisl~~,tive Counsel
TO: (Officer designation, room number, and
building)
V `.. C,.
12.
OFFICER'S
INITIALS
~/V(_ G~'
/ S~
7 February 1975
COMMENTS (Number each comment to show from whom
fo whom, Draw a line across column after each comment.)
In connection with your
query of our efforts to head off
the legislation requiring
reporting to Foreign Affairs and
Foreign Relations Committees
on covert actions, you will
recall the attached documents
which include the position
against the provision as sent
to OMB and others in the
Administration, and dealing
with the Senate Armed Services
Committee and Chairman
Nedzi and others to raise
substantive and technical STA
objections, and finally, the
recommended position to the
President on securit of the
information
cting Legislative Counsel
^ SECRET
FORM L 7 O u5E PREwouS RE n rnNF n T
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~:~~~ ~ tiAl^ tit r~~.~,~~ ~:c~ ~~er~c~r
W~shi~vcro~ a. D.C. 20505 ~ is f~ O V 1 ~7~i
(a) ThK~ language "operations in foreign countries"
in section 660, as opposed to "covert action operations"
as used in section bbl is preferable
eliminating definitional uncertainty. If there is an
opportunity for the insertion of totally new language, it is
recommended that the wording be=changed to "pursuant.to
section 102(d)(5) of the National Security Act of 1947
(50 U. S, C . 403 ). "
Mr. James L. Frey
Deputy Associate Director, International Affairs
Office of Management and. Budget
Was'ningtan, D. C. 20503
Dear Mr. Frey;
This is in response to the November 12th request of
iVir. Arnald Donahue of your office for the views of this f~,gency an
a proposed new section in the Foreign Assistance Acf of 1961 which
limits intelligence activities, specifically proposed new section b6a
in H.IZ. 17234 and section bbl in S. 3394.. Both of these sections have
the identical basic purpose of limiting expenditures by or on-behalf
of th.e Central Intelligence Agency far' clandestine operations other
than those fox intelligence collection. ,
- With respect to preferences in language beirween the two
ve rsivns
(b) With respect to the Presidential finding to remove
the bar to ex.penclitures, it would be preferable to use the
language of section 660, "important to the national security
a the United. States, " rathex? then the more restrictive
language "vital to the defeazse of the United States" of
section bbl?, A strict interprctatian of the latter phrase
may require a fi~,~;;~;;:, ;revolving the territorial integrity of
the nation. `
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(c) Re;;arding the contents of the report to be subnnitted
to the Cang:ress by the President, the language of section 661
is preferable, as the details to be reported are modified by
the word "appropriate" which would provide flexibility for
omitting exl~remely sensitive details. .
(d) With respect to the coznnzittee recipient of the
President's findings and report, the language o# section 661
limiting such reporting to committees'~resently having jurisdiction
to monitor ;and review" intelligence activities is preferred. .
(e) With respect to subsection "(b)" the preference is for.
the language of section b60 because it does not contain the
words "covert action" as does section 6b1.
It can be argued that the proposed new section?merely irrxplemen.ts
agreerne.nts made bet~veen the Executive branch and congressional leaders.
Iiz ?fact; the proposed new section goes far beyond these agreements as we
understand them. Therefore, we would not want the above-stated preference
in language to be construed as a~ Agancy position that the Administration
should support such a new section. To the contrary, it is believed that
strong axgurnents ra.gainst such a position exist and they include:.
(a) The ,foreign assistance legislation is an inappropriate
vehicle far such a provision of law.
(b) No committee hearings have been held on the
proposition and it is doubted that its implications have
been adequately studied.
(c) A :provision, which in effect requires reporting of
the type of programs covered by the proposed new section
is included in legislation introduced by Senator Stennis and
Representative 1Vedzi, which has received Administration
support anc~ on tivhich the Director has testified before the
Neclzi Intelligence Subcommittee. Both of these bills are
before cozxtimittees having legislatioe jurisdiction over
the subject matter.
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(d) Thex?e -are movements in both the Senate and the
l:Couse ~vlziclz make such a new section somewhat redundant,
this includes Chairman Stennis' in.vitatian to the Majority and
Minority Leader, both znexnbers of the Foreign Relations
Camn~ittee, to participate in sessions of the Senate .Armed
Services ~Ir~telligence Subcommittee; and an amendment to the
Rules of the House which grants the House Foreign Affairs
Committee certain jurisdiction with respect to intelligence
activities affecting foreign policy.
(e~ The proposal could impinge upon Presidential power
not shared with the Congress. Whether the T'xesident fulfills
such Constitutional responsibility privately or covertly, using
the CJA as a mechanism, would make no difference and
certainly does not eliminate the necessity for speed, dispatch,
and secrec~t to enhance the prospects of success.
7n addition 1:o the: proposed new section dealing with limitation on
intelligence activiti;es,. this Agency also has a complaint with sections of
5. 3394 imposing ceilings on U. S. Government obligations is~ Indochina.
These sections bar the obligation of any funds in excess of the stated
ceilings, "far the purpose of carrying out directly or indirectly any
economic ar milita:ry assistance, or any. operation, ro'ect, or pro ram
of a.-~ kind. " This language is so broad that it could be construed to
encompass normal U. 5.. Government activities, such as embassy staffing
and intelligence collection.
Similar language was used in the Fiscal 1972 Defense Appropriations
Ac.t to limit U. S. expenditures in Laas, but to eliminate the overbreadth
problem the House-Senate conferees included language in t'ne conference repor~
to make it clear that: .
" ... the conferees wish to make it understood that
it is not the intent to place a ceiling on, or reduce, funds
available for vial non--assistance-related activities in
programs which must be carried on irrespecL-ive.of
assistance-related operations in Laos, such as the.
nox?mal expc~ases incur red by the State Department .,
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