PREPARED STATEMENT ON H.R. 15845 BY WILLIAM E. COLBY DIRECTOR OF CENTRAL INTELLIGENCE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00957A000100090009-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 21, 2016
• Document Release Date: May 27, 2005
• Sequence Number: 9
• Publication Date: July 22, 1974
• Content Type: STATEMENT

Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009=1
PREPARED STATEMENT ON H. R. 15845
BY
WILLIAM E. COLBY, DIRECTOR OF CENTRAL INTELLIGENCE
22 July 1974
Mr. Chairman, I welcome the opportunity to testify today on H. R. 15845
introduced by you and Mr. Bray. The amendments proposed in this bill would
be the first changes in the charter of the Central Intelligence Agency,found
in the National Security Act of 1947. In conformity with our American
constitutional structure, the existence of the Central Intelligence Agency stems
from an Act of Congress. This is a unique contrast to the tradition and
practice of most intelligence services, but it is a necessary reflection of
our free society. The result, I believe, makes us a stronger nation, whose
citizens live in a freedom envied by most of the world.
The amendments would add the word "foreign" before the word
"intelligence" whenever it refers to the activities authorized to be undertaken
by the Central Intelligence Agency. I fully support this change. While I
believe the word "intelligence" alone in the original Act was generally under-
stood to refer only to foreign intelligence, I concur that this limitation of the
Agency's role to foreign intelligence should be made crystal clear to its own
employees and to the public. I hope this amendment will reassure any of our
fellow citizens as to the Agency's true and only purpose.
Section (3) of the bill reenforces the charge in the original Act that
the Director of Central Intelligence shall be responsible for "protecting
Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
 Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
intelligence sources and methods from unauthorized disclosure." The
amendment states that pursuant to this responsibility, the Director shall
develop appropriate plans, policies and regulations but such responsibility
shall not be construed to authorize the Agency to engage in any police,
subpoena, law enforcement or internal security activities, and that any
information indicating a violation of the Director's plans, policies and
regulations, should be reported to the Attorney General for appropriate
action.
This amendment conforms to my own understanding of the meaning
of the original statutory language. As I said in my confirmation hearing, I
believe that the original Act gives the Director a charge but does not give
him commensurate authority. Under existing law, the Director is responsible
for developing such internal administrative controls as are possible and
appropriate to protect against unauthorized disclosure, but if such a
disclosure is identified, his only recourse beyond internal disciplinary
action, including termination of an employee, would be to report the matter
to appropriate authorities for examination of possible legal action. As you
are aware, Mr. Chairman, the Government did take legal action with respect
to one of our ex-employees who declined to abide by the agreement he made
when he joined CIA to protect the confidential information to which he would
be exposed.
Mr. Chairman, I fully agree with this clarification of the.. precise
nature of the charge on the Director to protect intelligence sources and
Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
 Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
methods against unauthorized disclosure. As you know, I am of the personal
opinion that additional legislation is required on this subject to improve our
ability to protect intelligence sources and methods against unauthorized
disclosure. The contract theory on which the previously mentioned litigation
is based is indeed a very slender reed upon which to rely in all cases. My
views on this subject became known publicly as a result of that case and the
specifics of my recommendations on this subject are still under active
consideration within the Executive Branch, so that an appropriate Executive
Branch recommendation can be made to the Congress.
The bill would also require that the Agency report to the Congress "in
accordance with such procedures as the Congress may establish" on those
'other functions and duties related to[fore ign]intelligence affecting the national
security as the National Security Council may from time to time direct." The
National Security Act authorized the National Security Council to direct the
Agency to conduct a number of foreign intelligence activities which by their
nature must remain secret. The Act made clear, however, that these functions
and duties could only stem from a specific direction by the National Security
Council rather than being determined by the Agency itself. The amendments
do not change this situation but add the requirement of reporting to Congress.
Mr. Chairman, at present the Agency reports to the Congress about
its activities in a number of ways. On certain matters the Agency reports
Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
 Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
publicly, such as in this hearing and in my own confirmation hearings. The
Agency further identifies for public release a number of matters affecting
it or resulting from its efforts. A recent example- was the publication of
testimony on the economies of the Soviet Union and China provided to the
Joint Economic Committee and published on July 19th with only a few deletions
which related to intelligence sources and methods.
The second area in which the Agency reports to Congress is in its
assessments of foreign situations. The Agency briefs appropriate committees
of the Congress in executive session, using the most sensitive material
available, thus providing the Congress the fruits of the intelligence investment
made by the United States. I believe this type of reporting is particularly
important, as I hope to make our intelligence of maximum service to the
nation as a whole, and this can only take place if it can assist those in the
Congress who share in the American decision-making process under our
Constitution. The Appropriations Committees, the Armed Services Com-
mittees, the Foreign Affairs and Foreign Relations Committees, the Joint
Committee on Atomic Energy, and others have been the recipients of this
kind of material. Again, to the extent possible, information provided and
discussed in these executive sessions is later screened for publication. In
many cases the sensitivity of the sources and methods involved does not
permit such publication, but the classified transcript of the briefing can
be made available to the members of Congress.
Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
 Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
The third area in which the Agency reports to Congress concerns
its operations. Pursuant to long-established procedures of the Congress,
reports on these matters, including the most sensitive details, are provided
only to the Intelligence Subcommittees of the Armed Services and
Appropriations Committees of each House. Mr. Chairman, there are
literally no secrets withheld from these Subcommittees. In fact,- I believe
I have more than a duty to respond to them; I must undertake the positive
obligation to volunteer to these Subcommittees all matters of possible
interest to the Congress. As you know, these reports cover our annual
budget, the details of our activities, and problems which may have arisen
in some regard or other.
The procedures established by the Congress for this reporting have
worked well. Large numbers of highly sensitive matters have been revealed
to these Subcommittees over the years, and their classification has been
respected. I am also aware of the sense of responsibility of the members
of the Congress as a whole with respect to matters which must remain
highly classified because of their sensitivity. Thus, I am confident that
congressional procedures in the future will be' as effective as those of
the past and I welcome the codification of this relationship in the.proposed
amendment. which requires the Agency to report to the Congress.
Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
 Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
Mr. Chairman, the bill also reenforces the proscription in the
original Act against police, subpoena, law enforcement powers or internal
security functions. I wish I could say that this clarification was not
necessary but as you know, Mr. Chairman, I have frankly admitted that the
Agency did make some mistakes in recent years in this area. Your own
report of the investigations of this Subcommittee dealt with-those; incidents.
The Congress has, in Public Law 93-83 of August 6, 1973, mace clear
that the CIA may not provide help to the Law Enforcement Assistance
Administration in assisting local police and law enforcement agencies of
the states and municipalities. The language of the bill would go further
in this regard and prohibit the Agency from engaging directly or indirectly
in the above type of activities within the United States either on its own or
in cooperation or conjunction with any other department, agency, organization
or individual. This would restrict our collaboration with the FBI to the field
of foreign intelligence or.counterintelligence. It may also limit the degree
of assistance the Agency could provide to the Secret Service, under the Secret
Service Act, which authorizes it to call upon the.assistance of any other agency
of the Government to assist it in its mission (Public Law 90-331). While this
amendment might restrict certain of our activities of the past which were not
in any way reprehensible, I believe that its enactment at this time would be
an appropriate way of clarifying the purpose of the Agency as related only to
foreign intelligence.
Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
 Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
I do note that the bill contains a proviso in this area which I believe
is both appropriate and essential to the proper functioning of the Agency.
This -makes it clear that nothing in the Act shall be construed to prohibit
the Agency from conducting certain necessary and appropriate activities in
the United States directly related to its foreign intelligence responsibilities.
I welcome this proviso not only for its content but also for its clarification of
.the propriety of some of the long-standing activities of the Agency which are
essential to its foreign intelligence mission. These include:
a. Recruiting, screening, training and investigating employees,
applicants and others granted access to sensitive Agency information;
b. Contracting for supplies;
c. Interviewing U. S. citizens who voluntarily share with their
Government their knowledge of foreign subjects;
d. Collecting foreign intelligence from foreigners in the
United States;
e. Establishing and maintaining support structures essential
to CIA's foreign intelligence operations; and
f. Processing, evaluating and disseminating foreign intelligence
information to appropriate recipients within the United States.
Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
 Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
These matters were publicly reported by me in my confirmation hearing
last summer, and I believe that there is general understanding of their
necessity and propriety. The proviso in the amendment, however, would
make this explicit.
The bill also adds a new subsection to the Act to prohibit transactions
between the Agency and former employees except for purely official matters.
I fully subscribe to the purpose of this provision, to assure that former
employees not take advantage of their prior associations to utilize the
Agency's assistance or resources or to have an undue influence on the
Agency's activities. This is particularly directed at the possible use of the
Agency's assets for "nonofficial" assistance outside the Agency's charter. I
would like to say that such a provision is not necessary, but again I must
admit that errors have been made. While I do n6 believe there were any
instances of major import, I accept the desirability of making the limitations
on the Agency's unique authorities quite clear.
The normal legal proscriptions against improper influence on Federal
employees apply, of course, to the Agency. In addition, a regulation has
been developed within the Agency, which is brought to the attention of each
employee each year, that any CIA employee who believes that he has received
instructions which in any way appear inconsistent with the CIA legislative
charter will inform the Director immediately. I might point out that
Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
 Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090.009-1
in those cases which presented questions concerning the Agency overstepping
its bounds, the propriety and dedication to American traditions of our own
employees caused them to object to possible: Agency activities outside its
charter. In my confirmation hearing I stated that I am quite prepared to
leave my post if I should receive an order which appeared to be illegal and
if my objections were not respected.
Thus, we in the Agency are fully in accord with the-purpose of this
amendment. At the same time, -I-confess concern over some-possible -
interpretations of the language of this subsection. I assume that "purely
official matters" would include our normal relationships with our retirees
or others who left. the Agency. I would assume it would also. enable us to .
maintain normal official relationships with individuals who. left the Agency
_- to goon to_ other Governmental activities so long as. the "official matters"- _7___-__
within the scope of CIA's legitimate charter and there is no undue
.. influence involved. I do wonder, - however,- whether certain activities might
be included under this provision as official which neither the Congress nor
the Agency would want to countenance, and on the other hand whether the
phrase might interfere with a contact with an ex-employee volunteering
important information to the Agency.
Since the Agency has certain unique authorities under the National
Security Act and the CIA Act of 1949.and since much of its work does involve
Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
 Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
.highly classified activity, I would think it appropfiatc that the Congress add
to the Agency's legislative charter some special recognition of the high
degree of responsibility imposed on the Agency and its employees as a result
of the grant of these unique authorities. This could require the Director to
develop and promulgate a code of conduct for CIA employees at a higher
s-andard than that expected of Federal employees generally. Thereby,
the intelligence profession would become one of those with special standards
such as the medical or legal professions. The Director's unique authority
to terminate employees in his discretion when necessary or advisable in
the interests of the United States, pursuant to the National Security Act of
1947, would provide a sanction for the application of such high standards.
Regular congressional review would provide an assurance that such a
code of conduct was adequate and that it was being promulgated, applied,
and adhered to.
Mr. Chairman, it has been a pleasure to have had this opportunity to
comment on H. R. 15845. With the few reservations I have noted s.bove,
I fully support the bill. Most of all, I fully support the purpose of the
legislation in clarifying the mission of the Central Intelligence Agency only
to conduct foreign intelligence activities. At the same time, I am pleased
that the modifications proposed to the CIA charter would not adversely affect
its authority or capability to carry out the challenging task of collecting,
processing and disseminating foreign intelligence in the world today. I believe
Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1
 Hpprovea ror Kelease Luubiu zi : I,IH-ru- tT )-uuyalHUUUluuuyuuuy-l
.these amendments would mark an important milestone in eliminating
any apparent conflict between our ideal of an open American society
and the minimum requirements of secrecy in the intelligence apparatus
necessary to protect this free nation.
11
Approved For Release 2006/09/27: CIA-RDP79-00957AO00100090009-1