CONGRESSIONAL APPROVAL OF AMENDMENTS TO CIARDS REGULATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R001800050090-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 16, 2016
• Document Release Date: September 21, 2004
• Sequence Number: 90
• Publication Date: March 15, 1978
• Content Type: MF

Approved For Release 2004/10/08 : CIA-RDP81 M00980R001800050090-9
FROM
Assistant Legislative Counsel
SUBJECT . Congressional Approval of Amendments to
CIARDS Regulations
REFERENCE : Your Memorandum.to DDA, undt.d, same subject
1. You requested my comments on your proposed memorandum
to Mr. Blake.
2. It is my clear recollection that the House Permanent
Select Committee on Intelligence requested prior review of the
new regulations on CIARDS.in connection with their current
review of the program. They raised a number of questions as
.to the sufficiency of the existing regulation which is
considerably outdated. Commitments were made to the Committee
to clarify certain areas in the new regulation. The Committee
staff wanted to review the new regulation prior to issuance to
assure completeness and accordance with the commitments made.
.3. It definitely serves the Agency's interests to have
the Committee review, since the Committee must be assured that
our implementing regulations are in accordance with the
CIARDS Act. The Committee accepted the explanation that the
CIARDS Act is purposely vague for security reasons and. the
regulation sets out the details. This is really the basis of
their review.
4. I agree that the submission to HPSCI should not
reference the CIARDS Act since the House Armed Services Committee
still has statutory jurisdiction to review the regulation. This
point need not be raised since the House Armed Services STAT
Co
mitt
k
l
d
m
ee ac
now
e
ged complete oversight referral of CIARDS to
HPSCI and will not exercise any further jurisdiction on the subject..
Distribution:
Orig - Adse
1 - OLC/Subj
CLC Cf 1 .0, CPI
OLC 78-1003/1 160.4
15 March 1978
Associate General Counsel
OLC/PLfffCsnd (1-5 -i41a"r r 08
 Approv
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NAME AND ADDRESS
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ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks: pat,
Please take a look at the attached, which I
believe is self explanatory, and let me have your
thoughts.
A /I FOLD HERE TO RETURN TO SENDER
~
FROM: NAME. ADDRESS AND PHONE HO.
DATE
1
7 Mar 78
6
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FORM No. 237 Use previous editions
1-67 I
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ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks: George,
Would the attached from me to Jack Blake
resolve this momentous problem of submission
of CIARDS regs?
FO E
TO RETURN TO SENDER
FROM: N M AD
RESS AND PHONE NO.
DATE
7 Mar 78
FORM NO. 237 Use previous editions *USGPO: 1976 - 202-953
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 Approved For Release 2004/10/08 : CIA-RDP81 M00980R001800050090-9
t`Ie- }d'- ~cc s
25X1
25X1
MEMORANDUM FOR: Deputy Director for Administration
Associate Ueneral ouuse_
SUBJECT : Congressional Approval of Amendments to
CIARDS Regulations
1. In the course of the coordination of an amendment to the CIARD
regulation, hich has been in process for some time, the question
of whether the amendments should be submitted to congressional committees
for their approval has arisen. The Act, in section 201(a), authorizes the
Director to prescribe rules and regulations for the establishment and main-
tenance of the System, "such rules and regulations to become effective after
approval by the chairman and ranking minority members of the Armed Services
Committees of the House and Senate. " President Johnson issued a statement
when he approved the legislation stating that he regarded this provision as
an unconstitutional intrusion into the powers of the executive branch, but
because he regarded the legislation as meritorious he would approve it. He
would "treat this provision as a request for consultation... and should ask
the Director to comply with it on that basis." The original regulations were
furnished and the chairmen and ranking minority members, by letters,
approved them.
the House Committee, that amendments would be furnished. See
2. The regulations have been amended a number of times through the
years, but I believe no amendments have been furnished the committees tinder
the provisions of section 201. It was at least the informal opinion of John Warner
when he was Deputy General Counsel and General Counsel that the Act did not
require submission of amendments to regulations. Tony Lapham believes it
would be desirable as a matter of policy to furnish these amendments to the
committees without regard to whether the statute requires committee approval
before they become effective. It is our understanding also that in conjunction
with your recent testimony assurances were given, at least to the staffers of
25X1 I mnote to me of 6 March 1978, attached. There is the additional argu-
ment in favor of submission that if in the event of amendments contemplated
by the Agency which might be controversial or arouse criticism on the Hill
it would be better to face that question in advance rather than after the fact.
25X1
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It is our suggestion, therefore, that we adopt the policy of furnishing to the
congressional committees copies of any new amendments to the CIARDS regu-
lations prior to final approval by the DDA or the Director, as the case may be.
3. It will be noted that section 201 requires that the regulations go to
the chairmen and ranking minority members of the Armed Services Committees.
These Committees of course no longer have jurisdiction over the Agency and
intelligence matters. In view of this contradiction between the statute and com-
mittee jurisdictions and in order to maintain consistency with President Johnson's
position it is suggested that any submission to the Select Intelligence Committees
carefully avoid any statement or indication that the statute requires submission.
25X1
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 LA.i'x Approved For Release 2004/10/08 CIA-RDP81 M00980R001800050090-9
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1
 Approved For Release 2004/10/08 : CIA-RDP81 M00980R001800050090-9
SUBJECT : Congressional Approval of CIARDS Regulations
1. I have spoken withi and o 25X1
determine whether Mr. Blake offered to submit CIARDS regulations to Congress.
In addition, I have reviewed the transcript of Mr. Blake's testimony before the
House Permanent Select Committee, as well as this Agency's responses to
questions submitted by that Committee.
2. Although there is no indication from the testimony or written responses
that Mr. Blake ever made a promise to the Committee, everyone I spoke with
agreed that some oral assurances that the regulations would be provided were
given to staffers during the give-and-take that surrounded the House inquiry.
The fact of the commitment, however, has not been memorialized and, therefore,
the exact nature of the commitment is not clear.
25X1
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