COVERT ACTION REPORTING TO THE CONGRESS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00957A000100040008-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 26
• Document Creation Date: December 16, 2016
• Document Release Date: July 14, 2005
• Sequence Number: 8
• Content Type: REPORT

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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
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direct iriimpinge upon Presidential power not shared with the Congress.
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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
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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.
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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
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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
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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. ;:?
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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."
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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.
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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.
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{
(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.
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(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
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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
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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.
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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. "
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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. "
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