LETTER TO THE HONORABLE ENNO H. KNOCHE FROM MELVIN PRICE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M00165A001700140094-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 15, 2016
• Document Release Date: March 10, 2004
• Sequence Number: 94
• Publication Date: January 28, 1977
• Content Type: LETTER

P. EDWARD HEBERT. LA.
CHARLES E..UENNETT, FLA.
.' 1 S am / MUEL U.STRATTON, N.Y.
~IARD H. 1CHORO. MO.
LUCIEN N. NEOZI. MICH.
WIWAM J. RANDALL. MO.
CHARLES H. WILSON. CALIF.
ROBERT L. LEGGETT, CALIF.
FLOYD V. HICKS. WASH.
RICHARD C. WHITE. TEX.
BILL NICHOLS. ALA.
JACK BRINKLEY. GA.
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G. WILLIAM VRLITEkURST, VA.
FLOYD D. SPENCE, Sr-
MA 3ouge of 31epre~entatibvl
ROBERT H. (1300) MOLLONAN, W. VA.
DAN DANIEL. VA.
G. V. (SONNY) MONTGOMERY. MISS.
HAROLD RUNNELS, N. MEX.
LES ASPIN. WIS.
RONALD V. DELLUMS. CALIF.
MENDEL J. DAVIS, S.C.
PATRICIA SCHROEDER. COLO.
ABRAHAM KAZEN. JR.. TEX.
ANTONIO 0. WON PAT, GUAM
BOB CARR, MICH.
JIM LLOYD, CALIF.
LARRY MC DONALD. GA.
THOMAS J. DOWNEY. N.Y.
COMMITTEE ON ARMED SERVICES'
Magijington, n.C. 20515
January 28, 1977
Honorable Enno H. Knoche
Acting Director '
Central Intelligence Agency
Washington, D. C. 20505
Dear 2H1r. Knoche:
DAVID C. TREES, LA.
GEORGE M. O'BRIEN, ILL.
ROSIN L. BEARD. TENN.
DONALD J. MITCHELL, N.Y.
MARJORIE S. HOLT, MD.
ROBERT W. DANIEL. JR.. VA.
ELWOOD H. (BUD) HILIIS. IND.
ANDREW J. HIUSKAW. CALIF.
RICHARD T. SCHULZE, PA..
The views and recommendations of the Central Intelligence
Agency are requested on H.R. 747, copies of which are enclosed.
MP:ik
Enclosures
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95TH CONGRESS lp "P
1ST SESSION
R
specifically the jurisdiction of the Central Intelligence
Agency, and for other purposes.
JANUARY 4, 1977
1V1r
B
i
i
.
ENNE
r
ntroduced the following bill; which was ref
mittee on Armed Services
kB1LL
To amend the National Security Act of 1947 to define more
747
IN THE . HOLTSE OF REPRESENTATIVES
-Be it enacted by the Senate and House ' o f Representa-
2 tives of they United States of America in Congress assembled,
3 That section 102 (d) of the National Security 'Act of 1947
(50 U.S.-C. - 403 (d) ) ~ -is amended=
(1) by inserting "foreign" immecliateiv- f-ter 'Fdr
(2) in paragraph (1) thereof, by inserting or
the purpose'of coordinating the
eign" immediately' before "intelligence activities";
(3) in paragraph (2) thereof,' by inserting "for
eign" immediately before "intelligence activities";
1-0
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 The Director
lltif n n
n a Here ceA
e
C t
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e
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Honorable Melvin Price, Chairman
Committee on Armed Services
House of Representatives
Washington, D. C. 20515
OLC 77-0320/b
This is in response to your request for the views and recommendations
of this Agency on H. R. 747, a bill "To amend the National Security Act
of 1947 (50 U.S.C. 403). H. R. 747 encompasses legislative recom-
mendations of the President's Commission on CIA Activities Within
the United States (The Rockefeller Commission) which issued its report
in June 1975.
I would support the provision in the bill that would add the word
"foreign" before the word "intelligence" wherever it appears in section
102(d) of the National Security Act enumerating CIA's functions. This
amendment would make explicit what has been understood and accepted as
the basic scope of the Agency's mandate, namely, foreign intelligence,
matters. For similar reasons, I would not oppose enactment of section 4
of this bill which would explicitly recognize the Agency's authority to
collect foreign intelligence under the terms of the National Security Act.
Section 5 of this bill would add the following clause to section 102(d)(3)
of the National Security Act: "That except as specified. by the President
in a published Executive order, in collecting foreign intelligence from.
United States citizens in the United States or its possessions, the Agency
shall disclose to such citizens that such' intelligence is being collected
by the Agency. " This provision is consistent with the policy and practices
of the Central Intelligence Agency, and I would have no objection to its
enactment.
Sections 6 and 9 of the bill would divest the Director of Central
Intelligence of his responsibility to protect against the unauthorized
disclosure of intelligence sources and methods and would place this
responsibility with the Agency. I would oppose this change in the
language of section 102(d)(3) of the National Security Act. Transferring
this responsibility to the Central Intelligence Agency itself, as H. R. 747
would do, creates ambiguities and might be construed to weaken the
protection afforded sources and methods information by section 102(d)(3)
as interpreted by Federal court decisions, e.g., United States v. Marchetti,
466 F. 2d 1309 (4th Cir. 1972) and Heine v. Raus, 399 7. 2na 785
(4th Ciro 1968).
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The Director of Central Intelligence, as the nation's senior
farL-ign intelligence officer, is responsible for reviewing the activities
of all intelligence agencies in order to improve the overall intelligence
product and make recommendations regarding the allocation of resources.
He is in the best position to protect the sources and methods of other
agencies in the Intelligence Community.
In addition, the Director's responsibility to protect intelligence
sources and methods from unauthorized disclosure has been the basis
of the protection of much sensitive information from the disclosure
requirements of the Freedom of Information Act. Section (b)(3) of that
Act exempts matters "specifically exempt from disclosure by statute. "
If any changes are made in the language of this specific responsibility,
it is essential that the legislative history affirm that the new language
is an exemption statute for Freedom of Information purposes.
With the reservations I have outlined above, I believe these pro-
posals would substantially contribute to relieving any public anxiety
over the proper scope of CIA's activities, and I support these recom-
mendations and believe they'warrant the Committee's careful consideration.
The Office of Management and Budget has advised that there is no
objection to the submission of this report from the standpoint of the
Administration's program.
Yours sincerely,
STANSFIELD TURNER
Admiral, U. S. Navy
Distribution:
Original - Addressee
ER
1 - DDCI
1 - DCI
1 - OLC Subject
1 - OLC Chrono
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OLC:YTF:j (11 April 1977'
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TO:
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REMARKS:
Checking status of this letter..... .
did DCI ever sign it. . ?
ER 77-305/A
Sophie/ER
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Per Sue OLC - tilts Letter is L A. LLLr:,
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( overtaken by events. )
5/17/77
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