COVERT ACTION REPORTING TO THE CONGRESS

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CIA-RDP79-00957A000100040008-8
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K
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26
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December 16, 2016
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July 14, 2005
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8
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REPORT
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Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Covert Action Reporting to the Congress Developments in the Congress -. Up until recently, the Executive Branch has been able to satisfy the Congress by CIA reporting to the four established oversight committees from which there are "no secrets, " in view of the wisdom and restraint of experienced oversight committees in dealing with such matters. In the face of mounting criticism, legislation was intro- duced by the chairmen of the legislative oversight committees which essentially would enact into law existing reporting procedures. Subsequently, as a result of revelations concerning covert actions in Chile, it was agreed that the Foreign Affairs Committee would receive reports on covert actions. The Foreign Affairs Committee was granted special oversight of the CIA and Senator Stennis invited Senators Mansfield and Scott to sit with the Senate legislative oversight committee. The pending amendments to the FY 75 Foreign Assistance bills, go beyond enlarging the audience for reporting on covert action and, prohibits, it could be argued, the carrying out of a constitutional responsibility unless the President first (presumably) submits his plan to committees of Congress. These amendments prohibit expenditures for any covert action, except for obtaining intelligence, without a specific Presidential finding and report to committees of Congress. This may be viewed as a reasonable congressional limitation on Executive Branch authority in the field of foreign affairs. (In fact, recent Executive Branch actions concede that certain reporting to congressional committees on such matters is appropriate.) However, it could be argued also that these amendments i4 roved For Release 2095/07/20 : CIA-RDP79-00957A000100040008-8 direct iriimpinge upon Presidential power not shared with the Congress. Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Material Relating to Foreign Assistance Act Amendments On Intelligence Activities A President's Statement following Chile disclosures Colby/Kissinger Agreement with House Armed Services and Foreign Affairs leadership. Hughes amendment Stennis Statement on Hughes amendment Modified Hughes amendment including changes Recommended by CIA and passed by Senate 4 December Ryan amendment Agency position on Hughes/Ryan amendments Reporting provisions of Stennis and Nedzi bills Bolling/Hansen rules changes with Zablocki modifications Implications of ,Additional Reporting and Finding Requirements Regarding Covert Action Approved For Release 2005/07/20,: CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 President's Remarks on 16 September 1974 Following Coup in Chile CIA---Chile Q: Mr. President, recent Congressional testimony has indicated that the CIA, un- der the direction of a committee headed by i Dr. Kissinger, attempted to destablize the Government of Chile under former Presi- dent Allende. Is it the policy of your Administration to attempt to destabilize th,s governments of other democracies? P: Let me answer in general. I think this is a very important question. Our Government, like other governments, does take cer.ain actions in the intelligence field to help implement foreign policy and protect national security. I am informed reliably that Communist nations spend. vastly more money than we do for the same kind of purposes. Now, in this particular case, as I un- derstand it, and there is no doubt in my mind, our Government had no involvement whatsoever in the Allende coup. To my i knowledge, nobody has charged that. The facts are we had no involvement in any way whatsoever in the coup itself. In a period of time, three or four years ago, there was an effort being made by the Allende government to destroy opposition news media, both the writing press as well as the electronic press, and to destroy op- position political parties. The effort that was made in this case was to help and assist the preservation of opposition newspapers and electronic media and to preserve opposition political parties. I think this is in the best interest of the people in Chile, and certainly in our hest in- terest. Now, may I add one further comment. The 40 committee was established in 1948. It has been in existence under Presidents since that time. That committee reviews every covert operation undertaken by our Government, and that information is relayed to the responsible Congressional committees where it is reviewed by House and Senate committees. It scorns to me that the 40 committee should continue in existence, and I am go- ing to meet with the responsible Congressional committees to see whether or not they want any changes, in the review process so that the Congress, as well as the President, are fully informed and are fully included in the operations for any such ac- tion. Approved For Release 2005/07/20: CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8. Remarks by Rep. Za~Diocki &.Rep. Nedzi On Zablocki Amendment to -L Res. 1248 Chairman Morgan's Announcement Mr. ZABLOCKI. Mr : ? Chairm .n, my l My amendment would' formalize this an enii '-`am'ends both section 101r arrangement in the ii ansen substitute by dealing with special oversight functions.. adding in two appropriate places theh and section 310 which establishes the l words "foreign intelligence relating to - ,,_._.__.......,,,_,,..._... _ _. ., The purpose of the amendment is to? provide the Committee on Foreign Af- `'mittee on Foreign Affairs cannot ade- quately fulfill its responsibilities unless it fairs with the special oversight function' has greater access to information than its of reviewing and studying on a continu- currently has. Ing basis-and I quote--"intelligence ac- First,. foreign intelligence is an intef1ra11 tivities relating to foreign policy". part of the foreign policy process. No There are two reasons for this change foreign policy can succeed unless it IS. f In terminology: First, because the oversight function is limited to those intelligence activities related to foreign policy it is made clear that the committee's jurisdiction does not include some aspects of intelligence activities or information-for example, general capabilities of foreign weapon systems or force structures of potential c,dversarles. Instead, the intelligence activities covered by the amendment are defined as those related to foreign olicy which p , is a clear area of jurisdiction for the ?. , incidents which have resulted from past; Committee on Foreign Affairs. Second, the words which I propose adhere closely to the understanding.) which has been reached by ranking members of the Committee_ on Foreign J Affairs with the leadership of the House F and of other appropriate House com- mittees, to improve the committee's ac- chairman of the committee, Dr. MORGAN, on October 1. - In his announcement, Chairman Mon- cArr said, and I quote: There Is agreement that the Committee on Foreign Affairs must have access to informa- tion about overseas activities which affect cpur foreign policy and United States rela- tions with other countries--including covert activities. orma-. 0 based on timely and accurate in tion. The task of intelligence is to pro-I vide the ;t information.. To assess foreign policy without ac-1 cess to the information on which it isl based is similar to estimating the condi- tion of a house without, checking the foundation. Secof?d, the task of gathering intelli- gence, or of conducting intelligence ac- tivities abroad, can sometimes be an im- portant foreign policy factor in and of U.S. intelligence opera tions..Let me name just a few of them: United States support of unsuccessful rebels soured relations with Indonesia in 1958. The shooting down of the U-2 spy plane in 1960 caused the failure of the U.S.-U.S.S.R. summa, conference of that year. The Failure of the CIA-supported in- vasion of Cuba in 1#,62 resulted in seri- ous problems for.the United States in the hemisphere. . - A forged letter sent to top Thai officials by a CIA. agent last year led to anti r, NEDZI. Mr. Chairman, I would like to coxiluin what the gentleman said. We have discussed this matter. it is my opinion that the amendment conforms Ea~Fie agreement wor ed out betweeix i~JZ Colby iinct r. I issi iger, and t e c airman o.f-#he committee on Armed' ervkes, arid'liie chairman of the Gom= mittee on forei: n Affairs. Ve certairily t iM it xs a.bso7ute y: essential that the Committee on Foreign Affairs have this kind of oversight function. job of meeting its foreign affairs respon-I sibilities without having some Jurisdic- tion in the area of 'ntelligence relating to foreign policy. The Committee on Foreign Affairs cannot do a fully adequate and effective) great siimiflcance for the foreign rela- tions of the countries Involved. lL~third reason for giving this respon- sibility to the House Committee on For- eign Affairs is that agreement among na- rmation or f i f h f th ange o n o or e exc tions Intelligence is an important category of relationships which two or more nations can carry on Such exchanges can have Approved For. Release, 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 SEC. 3 3. Chapter 3 of pa rt III.o.x the Foreign Assistance Act of, 1961, as amended by sections 17(a) arid 18 of this Act, is further amended by adding at the end thereof the following new section: "S EC. 661. Limita tions Upon Intelligence Activities. (a) No funds appropriated under the authority of this or any other Act may be expended by or on behalf of the Central Intelligence Agency or any other agency of the United States Government for the conduct of covert action operations other than operations intended solely for obtaining necessary intelligence. Notwithstanding the foregoing limitation, the President may authorize and direct that any covert action operation be resumed, or that any other covert action operation be initiated, and funds may be expended therefor, if, but not before, he (1) finds that such operation is vital to the defense of the United States, and (2) transmits an appropriate report of his finding, together with an appropriate description of the nature and scope of such operation., to the committees of the Congress presently having jurisdiction to monitor and review the intelligence activities of the United States Government. "(b) Notwithstanding the provisions of subsection (a) of this section, the President may authorize and d;.rect the conduct of such covert action operations as he deems of immediate need and urgency during military operations initiated by the United States under a declaration of war by Congress or an exercise of powers by the President under the War Powers Resolutia p ( VL-a'co de2se 1185107/20: CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Floor Remarks on 2 October 1974 By Sen. Stennis & Sen. Hughes On I-; ughe s Amendment to . S. 3394 Foreign Assistance Act Amendments about n:akixig some modifications as he sees them. .-the intentions and the planning of the Senator fro a Iowa have been in good faith, and he has been very reasonable rather casual way that we are adopting.. this amencment. For my part, .I would :.want the natter further analyzed by ea: nerts in lan ;wage in this particular field, ' my rights in that respect, .. , . now to the nth degree, or cau iur a cvu call vote, or anything like that. But I do not agree to it and I do not accept it; Y want to make that clear. ator from. Iowa, as the amendment is written now, the Senator recognizes the present jurisdiction. of the two Armed Services Committees, as I understand and. any change zn that could be made by sub- sequent legislation, but .not by: this amendment; is that correct? . ? . Mr..H 3GH ES. I recognize the jurisdic- tion of the present Armed Services Com- mittees and the prefer: subcommittees handling; tine oversight of matters of in- telligence and the CIA, yes. There is, no attempt, in this amendment, to change or alter any- Jurisdictional matters in either House. ;:? Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Congressional Record 4 December 1974 Page SZ0607 - B. 3394 An act to am iad the Foreli n Assistance Act of 1961., and for other purposes Be it enacted by the Senate and Idonse of Representatives of the United- States of America in Congress assembled, That this Act may be cited as the "Foreign Assistance Act of 1974". (b) Section 112 of such Act is repealed. LIMr!) 5G I4'ry,1.LIGENCE ACTIVITIES .. Src. 25. Chapter 3 of part III of the For- eign Aesisr.ance-Act of 1:)61, as amended by sections 2; a) and 24 of this Act, is farther amended by adding at the end thereof the foliow-ing new section:. "S :c. 661. LIMrrATIONS UPON INTELLIGENCE ACTIVITIES.-(a) No funds appropriated ur:der the authority of this or any other Act may he expended by or on behalf of the central intelligence Agency or any other af,ency of the United States Government for the conduct of operations in foreign coun-. tries; p?nrsuaut to section 102(d)(5). of the National :=;?acurity Act of 1947 (50 U.S.C. h)3), other than operations intended solely lot, obuut ,lag necessary intelligence. Not- 1tlnshnd!ng the foregoing limitation, the 1 tt i(Iont n:vy authorize and direct that any o?;, ration in a foreign country rte resumed, rt? that any other operation in a foreign e1)11,:t.ry br, initiated, anti funds may be es- :cic?d tirrefor, if, but not before, he (1) that such operation is important to nabor.tl security, and (2) transmlts ati ' -nrnprtale report of his finding, together !t!I as tpproprtate description of the `?c:t,;re and scone of such operation, to the M,nmirrers of the Congress having jurtsdlc- iu,n to n:nnltor and review the intelligence acti ri ;l-Is of the United States Government. . "(b) The provisions of subsection (a) of this section shall not apply during military operations by the United States under a declaration of war approved by the Congress or an exercise of power, by the President under the War Powers Resolution." Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 H. R. 17234 Page 3 i3 " S:EO. 660. ZfMT'FATION ON INTLLLiOi Nm?, AoTIVT- 9 Tti+,S.- (a) No funds appropriated under the authority of this IO or' Ilxny other Act Imly 1) c expos deil by or ou. behalf of the Cclr- j1. tral Izll,ellipnee Agency for operations ill foreign countries, 1.2 other than activities intended solely for obtaining necessary 13 :17 it I tell igence, unless (he President finds that erl.cll such opera.- tion is innportannt to the n--tioUll,l sl_~cnlrity or (fie ITuited States and reports, in it, timely fa,sl)ioll, a, description and Scope of such operation to 1l1e a 11)l)r0T)I'iate corfill -ittees of 11he Coln- ;;ress, irndudin the UoluuIittee on h1oreigir Relations of the United Slates Sena(,e a11(1 the Committee on Foreign Affairs .i~,cpresontatives, of flue United States flouse of' " (b) The provis'ifus of subsection (a) of this section s11r111 not 11pply during lrlili1 'Y operations initiated by the 22 11l-Itc(l Stites louder a declaration of war approved by the i) 3 ('Ollt,'I'(!ss 01' 1111 ex('r(+I k' 0f powo '; by the President nudes' 24 1,110 War Powers .I{esoll-(ioll. Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 CENT RA:. ill 1 2LLdG ,NCE AGENCY WA5HING7oN, D.C. 20505. Mr. James L. Frey Deputy Associate Director, Lrnternatioaal Affairs Office of Management and Budget. Washington, D. C. Z0503 Dear Mr. Frey: 14 !sQV 1974 This is in response to the November 12th request of Mr. Arnold Donahue of your office for the views of this Agency on a proposed new section in the Foreign Assistance Act of 1961 which limits intelligence activities, specifically proposed new section 660 in H. R. 17234 and section 661 in S. 3294. Both of these sections have the identical basic purpose of limiting expenditures by or on behalf of the Central Intelligence Agency for clandestine operations other than those for intelligence collection. With respect to preferences in language between the two versions: (a) The language "operations in foreign countries" in section 660, as opposed to "covert action operations" as used in section 661 is preferable in the interest of not admitting to covert action in United States Statute and 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). " (b) With respect to the Presidential finding to remove the bar to expenditures:>, it would be preferable to use the language of section 660, "important to the national security of the United States, " rather than the more restrictive language "vital to the defense of then United States" of section 661. A strict interpretation of.the latter phrase may require a finding involving the territorial integrity of the nation. Approved Fat Release 2005/07/20': CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 { (c) Regarding th contents of the report to be submitted to the Congress 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 extremely sensitive details. (d) With respect Co the committee recipient of the President's findings and report, the language of section 661 limiting such reporting to committees '~res ently having jurisdiction to monitor and review" intelligence activities is preferred. (e) With respect to subsection "(b)" the preference is for the language of section 660 because it does not contain the words "covert action" as does section 661. It can be argued that the proposed new section merely implements agreements made between the Executive branch and congressional leaders. In -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 an Agancy position that the Administration should support such a new section. To the contrary, it- is believed that strong arguments against such a position exist and they include; (a) The foreign assistance legislation is an inappropriate .vehicle for 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 Nedzi, which has received Administration.' support and on which the Director has testified before the Nedzi Intelligence Subcommittee. Both of these bills are before committees having legislative jurisdiction over the subject matter. Approved. For ' Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 (d) There a`re movements in both the Senate and the House which make such a new section somewhat redundant, this includes Chairman Stennis' invitation to the Majority and Minority Leader, both members of the Foreign Relations Committee, to participate in sessions of the Senate Armed Services Intelligence Subcomrr,.ittee; 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 President fulfills such Constitutional responsibility privately or covertly, using the CIA as a mechanism, should make no difference and certainly does not eliminate the necessity for speed, dispatch, and secrecy to enhance the prospects of success. In addition to the proposed new section dealing with limitation on intelligence activities,, this Agency also has a complaint with sections of S. 3394 imposing ceilings on U. S. Government obligations in Indochina. These sections bar the obligation of any funds in excess of the stated ceilings, "for the purpose of carrying out directly or indirectly any economic or military assistance, or any o eration, ro'ect, or 2.ro ram of a kind. " This language is so broad that it could be construed to encompass normal U. S.. Government activities, such as embassy staffing and intelligence collection. Similar language was used in the, Fiscal 1972 Defense Appropriations Act to limit- U. S. expenditures in Laos, but to eliminate the overbreadth problem the House-Senate conferees included language in the conference report 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 vital non-assistance-related activities in programs which must be carried on irrespective of assistance-related operations in Laos, such as the normal expenses incurred by the State Department ;0 Approved for Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Apprpved For. Release 2005/07/20 : CIA-RDP79-00957A000100040008-8. in the operation of its embassy and such normal and' usual expenses of the embassy as would .be incurred in peacetime in the absence of any military,, paramilitary, or economic assistance programs of any kind. " I appreciate this opportunity to express our views on this bill,. and trust they will be given due consideration. Sincerely, :?XGNEI ?' - ? George L. Cary Legislative Counsel .4 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Provision For Oversight By Congress Senator Stennis Bill S. 2597 Amending the National Security Act of 1947 "Central Intelligence Agency" "SEC. 102. . . (d) . . . . . "(5) to perform such other functions and duties related to foreign intelligence affecting the national security as-Q - a4ie-rya-t d . , may be specificially directed from time to time by the Council and reported to the Congress in such manner and in accordance with such procedures as the Congress may establish to insure effective legislative oversight with due recognition of essential security requirements. Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Provision For Oversight By Congress Rep. Nedzi Bill H. R. 15845 Amending the National Security Act of 1947 "Central Intelligence Agency" II(d) "(5) to perform such other functions and duties related to foreign intelligence affecting the national security as the National Security Council may from time to time direct. and report to the -Congress in accordance with such procedures as the Congress may_ establish. " Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Zablocki Amendment to H. Res. 1248, (Boiling/Hansen Committee Structure Reform) To extend special oversight responsibility over certain intelligence (Passed House 8 October 1974) "(c) The Committee on Foreign Affairs shall have the function of reviewing and studying, on a cont.nuing basis, all laws, programs, and Government activities dealing with or involving customs administration, intelligence activities relating to foreign policy,' international financial and monetary organizations, and international fishing agreements. " "(h) Committee on Foreign Affairs, In addition to its legislative jurisdiction under the preceding provisions of this paragraph (and its general oversight function under clause 2(b)(1)), the committee shall have the special oversight functions provided for in clause 3(c) with respect to customs administration, i.ntelligence activities relating to foreign policy, international. financial .and monetary organizations, and international fishing agreements. " Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 STAT Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8 Next 1 Page(s) In Document Exempt Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040008-8