MEETING OF EXECUTIVE BRANCH AGENCIES TO DISCUSS THE SENATE FOREIGN RELATIONS SUBCOMMITTEE ON INTERNATIONAL OPERATIONS' INVESTIGATION OF FOREIGN INTELLIGENCE ACTIVITIES IN THE U.S., 5 OCTOBER 1978

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R002300050012-9
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 5
• Document Creation Date: December 19, 2016
• Sequence Number: 12
• Content Type: MEMORANDUM FOR THE RECORD

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OLC: 78-647/13
5 October 1978
SUBJECT: Meeting of Executive Branch Agencies to Discuss the Senate
Foreign Relations Subcommittee on International Operations'
Investigation of Foreign Intelligence Activities in the U.S..
5 October 1978
1. D The meeting was called by Major Robert Kimmet, of the
National Security Council staff, to discuss problems raised by the
Subcommittee's continuing investigation. Representatives from the
Agency, NSA, and the Departments of State, Justice, and Defense
were present. A list of attendees is attached.
2. Kimmet said that the immediate impetus for the meeting
was the ctober letter from Subcommittee Chairman George S.
McGovern (D., S. Dak.) to the DCI, a copy of which had been sent
to President Carter. Kimmet noted, however, that the NSC staff
had intended to involve itself in the Subcommittee's investigation in
any case since it had become apparent that NSC documents and
decision-making processes would eventually become directly involved.
Kimmet noted that the NSC staff sees some similarities between the
Subcommittee's investigation and recent problems between the Executive
Branch and Senator Henry Jackson's (D. , Wash.) Senate Governmental
Affairs Permanent Subcommittee on Investigations with regard to the
Dresser Industries export licensing controversy. Kimmet said that the
NSC wanted to involve itself at an earlier stage in the McGovern
Subcommittee's investigation than had been the case in the Dresser
affair.
3.1 Representatives from the various agencies described for
Kimme ieir impressions of where the Subcommittee's investigation
was headed and their procedural arrangements with Senate Foreign
Relations Legal Counsel Michael Glennon. It was agreed that Glennon
was attempting to gather evidence to support the notion that the
Foreign Agents Registration Act and related statutory provisions
were not functioning as intended because of a conscious Executive
Branch effort to frustrate proper enforcement and to condone illegal
activities by foreign intelligence services for reasons of political
expediency and for the sake of maintaining intelligence liaison
relationships.
MORI/CDF
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4. 0 Other significant comments included the State Department's
observation that it expected a confrontation with the Subcommittee over
the relationship between Section 15 (b) of the Basic Authority of 'the
Department of State and the Third Agency Rule. In this connection, Kimmet
stated that he considered the statement inserted into the Congressional
Record by Senator McGovern at the time of the Senate's adoption
of the Conference Report on the FY79 State Department Authorization bill
to be a gross breach of the understanding about the rule reached
by the Executive and Legislative 'Branches at the House-Senate
conference. The State Department representatives assured the group that
the Department would not take any action on its own in contravention
of the principles embodied in the Third Agency Rule.
Executive Branch dealings with the Subcommittee were coordinated,az
Y
and that it would be impossible for Glennon to play one Agency off
against another. Kimmet noted, however, that the White House also
had to consider the fact that important legislative equities were at
stake during the period remaining before Congress adjourned. Ile
explained that the NSC staff did not want to appear to be obstructing
the Subcommittee's investigation.
6. Kimmet said that the NSC staff wanted the various agencies
to be as responsive as possible to the Subcommittee's requests,
without jeopardizing important Executive Branch interests. Kimmet
said that he and NSC staff officer Sam Iloskinson would be meeting
later in the day with Zbigniew Brzezinski and David Aaron, NSC,
to discuss the entire situation.. One option that would be considered
would be an approach to the SSCI, the Senate Judiciary Committee,
and the full Foreign Relations Committee, with a view toward avoiding
parallel investigations by Senate entities having overlapping jurisdictions
and toward reaching an understanding between these Committees and
the White House on the nature and scope of continued Congressional
inquiries. Such an approach would be coupled with the message
that: the White House was appreciative of the McGovern Subcommittee's
efforts to point out areas in which Executive Branch performance could
be improved; that it was essential to avoid duplicative inquiries into
sensitive areas; and that it would be best to proceed in a cooperative spirit
in which both the Executive and Legislative Branches fully coordinated
their efforts.
7. The undersigned pointed out that such an approach would
run th . sk of increased Congressional interest and participation
in an even broader investigation, in which Glennon might still play
the leading role, since SSCI and Judiciary Committee participation
would not deprive the International Operations Subcommittee of its subject
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matter jurisdiction. State Department representatives expressed. similar
concerns and Kimmet admitted that such a result was a possibility.
Kimmet said that the White House would not take any initiative on
the Hill along the lines outlined above without further consultation
with concerned Executive Branch agencies.
8. C] The discussion then turned to the most immediate problem
at hand, the need for the Agency to reply to Senator McGovern's letter
of 3 October. The undersigned explained the Agency's concerns
about the adverse effects that answering the Subcommittee's questions
could have on intelligence liaison relationships. Problems raised
by the Subcommittee's earlier request that the Agency identify
certain foreign intelligence service personnel in the U.S. were also
discussed. The fact that it would probably be impossible to prevent
the eventual public disclosure of at least some of the Agency informa-
tion provided to the Subcommittee was noted as well. Kimmet said
that he understood the issues involved and hoped to provide us with
White House guidance on a reply to McGovern as soon as he could,
possibly within the next several days.
9. 0 With regard to Glennon's request to resume Agency briefings
on certain foreign intelligence services with a transcriber present,
Kimmet said that he believed the sessions should go forward. Kimmet
again noted that the NSC staff wanted to avoid confrontation with
the Subcommittee if possible, and that the individual agencies and
departments should continue to be as forthcoming as they could
without prejudicing their own equities or those of sister agencies.
The Justice Department representative noted that Glennon had told
him earlier in the week that if the Agency did not agree to resume
the briefings, the Subcommittee would move to issue a subpoena
in connection with the hearings it glans for early Novemher. Kimmet
Assistant Legislative Counsel
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Distribution:
Orivrinnl - bject w/att.
1 w/att.
1- w/att.
1-OLC Chrono w/o att.
OLC:GMC:mlg (5 Oct 1978)
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 %~ j
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George Calhoun
Brent Rushforth
Jeff Smith
Ted Heavner
Lee Marks
NSC Staff
CIA/OLC
CIA/OGC
DOJ
NSA
DOD
State
State
State
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