LETTER TO MR. GEORGE BUSH FROM WALTER D. HUDDLESTON AND MARK O. HATFIELD

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79M00983A001500090022-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 16, 2016
• Document Release Date: May 6, 2005
• Sequence Number: 22
• Publication Date: August 10, 1976
• Content Type: LETTER

BIRCH Y' WD
/DLAIL.5HEVENSON,JR.,,LL.Appro=' M kase 2005/05/23: CIA-RDP79MO09 A001500.0900 2f ~C~C~
WILLIAM D. yATHAWAY, MAINE MARK O. HATFIELD, OREG.
WALTER R. D. HUDDLESTON, K1. .. DE. ROB ER GT. STAFFORD, VT //~ ~
JOSEPH R. BIDEN, OEN JRR.. DEL. T. STAFFO FORD, VT.
ROBERT M,ORGAN, N.C. .JAKE GARN, UTAH -~yl~ 4Cxtix eb .r~}Q=/~
GARY HART, COLO.
MIKE MANSFIELD, MONT., EX OFFICIO SELECT COMMITTEE ON INTELLIGENCE
HUGH SCOTT, PA., EX OFFICIO
(PURSUANT TO S. RES. 600, PITH CONGRESS)
WASHINGTON, D.C. 20510
August 10, 1976
IN REPLY PLEASE
REFER TO Rye ' , b
Mr. George Bush
Director of Central Intelligence
Central Intelligence Agency
Langley, Virginia `
Dear Director Bush:
-77- C O..S Z
As you know the Senate has established, by the
passage of S. Res. 400 of the 94th Congress, the Sen-
ate Select Committee on Intelligence. Section 12(a)(2)
of S. Res. 400 provides that the Senate Select Commit-
tee shall study the "extent and nature of the author-
ity of the departments and agencies of the Executive
branch to engage in intelligence activities and the
desirability of developing charters for each intelli-
gence agency or department."
As Chairman and Vice Chairman of the Senate Select
Committee's Subcommittee on Charters and Guidelines, we
are writing to ask for your assistance in this study.
During the months ahead the Subcommittee and the Sub-
committee's staff will meet with representatives of
all agencies and departments which constitute the
United States Intelligence Community. These meetings
will be to determine the authority of the various
departments and agencies, to examine the potential
effects of proposed organizational changes on the
accomplishment of the vital intelligence mission of
the United States, and to discuss new or revised char-
ters for the Intelligence Community agencies and depart-
ments.
In order to accomplish our mission tinder S.Res.400,
we are requesting that you designate one or more members
of your staff who will be able to meet regularly with
the Subcommittee or the Subcommittee's staff to discuss
charter issues as they relate to Intelligence Community
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Mr. George Bush
Page Two
August 10, 1976
agencies and departments under your jurisdiction and
notify the Subcommittee of your choice of designees.
We would also appreciate it if you, or your staff,
could within the next three weeks, draw up a list of
(1) changes which you believe are desirable in the
extent and nature of the authority of the Intelligence
Community agencies and departments under your juris-
diction; and (2) principles which you and your staff
believe should be embodied in charters for these
departments or agencies. The lists of changes and
principles will allow the Subcommittee to begin, with
you, a cooperative dialogue designed to strengthen.
America's Intelligence Community and to insure that
it operates in accordance with the laws of the United
States.
There has been no similarly systematic congres-
sional review of the extent and nature of the author-
ity of the agencies and departments which make up
the United States Intelligence Community since the
passage of the National Security Act of 1947. The
study which the Subcommittee on Charters and Guide-
lines is undertaking carries with it enormous respons-
ibility. The end product of the study may be landmark
legislation in this area. We look forward to your
assistance in this challenging venture.
~/_, le, ~~t, fu
Walter D. Huddleston
Chairman, Subcommittee on
Charters and Guidelines
Mark 0. Hatfield
Vice Chairman, Su?committee
on Charters and Guidelines
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 ? ^ UNCLASSIFIED
-
pprove or RWMf I
SUBJECT: (Optional)
FROM:
EXTENSION
NO.
Legislative Counsel
^
DATE
23 August 1976
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
1.
Dan:
D/DCI/IC
Please understand I am not
2,
fighting the problem here. ^
Dexplained the reasons for
your wanting to get into this one
3.
at the outset. I just wanted to be
sure that you are aware that this
'
will probably be a real hornet
s
4.
nest where you will either have
the Select Committee or Defense
5.
at your throat since Defense,
according to Tom Latimer, is
taking a strong position against
6'
any rewriting of the DIA and NSA
charters in statute and this is
7
obviously one of the objections of
the SSCI. Having said this,
suggest you push the package on
8.
to Hank and the Director.
9.
eorg L. Cary
Legislative Counsel
10.
11.
12.
13.
14.
15.
^ SECRET ^ CONFIDENTIAL ^ USE ONLY ^ UNCLASSIFIED
VERNAL
i ONLY
^ CON' ENTIAL ^ SECRET
STAT
STAT
STAT
STAT
 UUNCLASSIFlEn n - .TERNAL
^ CON-ENTIAL ^ SECRET
Approved or
SUBJECT: (Optional
FROM:
EXTENSION
NO.
Legislative Counsel
DATE
20 A
t 1976
ugus
TO: (Officer designation, room number, and
DATE
building)
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw o line across column after each comment.)
1.
D/DCI/IC
To #1:
2
Dan:
Your point about DCI letterhead
DD I
was a good one and I have changed
3.
my original letter accordingly.
CI
However, as I indicated in my
ori
inal routin
similar
sheet
g
g
,
4.
letters have come from Senators
Huddleston and Hatfield to
5.
Rumsfeld and, I believe, also to
Kissinger and Levi. It was my
impression that DIA and NSA were
6.
going to resist any effort on the
part of the Select Committee on
t
I
t
lli
it
th
i
n
gence
e
o rewr
e
e
r
~'
charters into statute. I think this
could become a real donnybrook.
8.
Do you want to get in the middle
on this, as your letter, I believe,
will do, or wouldn't you rather
9.
have the SSCI deal directly with
those agencies concerning their
10
charters as we did in the case of
the Stevenson Subcommittee on
Intelligence Production?
11.
12.
e rge V. Cary
L lative Counsel
13.
14.
15.
STAT
STAT
rvKm O I U ubEDITION5- ^ SECRET ^ CONFIDENTIAL ^ USE ONLY
362
^ UNCLASSIFIED
 ~r 'rte
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III. Charters for Major Organizational Elements of the Intelligence
Community. Any possible requirement for a statutory charter for
an individual organization of the Intelligence Community should be
separately addressed in terms of the responsibilities and functions
which that particular organization is expected to fulfill rather
than as part of an omnibus bill applicable to the entire Community.
A. The Central Intelligence Agency is a national intelli-
gence organization, highly specialized in its work, and not an
integral part of any larger governmental organization. It requires
a legislative charter of its own.
.B. No requirement is seen for legislation concerning the
intelligence functions and offices of those organizations in which
the foreign intelligence elements are small in size, their functions
are directly related to the overall mission of the organization of
which they are a part, and personnel salaries represent almost
the entire cost. In this category are the foreign intelligence
elements of the Department of State, the Department of the Treasury
and the Energy Research and Development Administration.
C. Any need for statutory provision for the Intelligence
Division which is the foreign intelligence element of the Federal
Bureau of Investigation should be addressed in terms of whether
there is need for legislation with respect to the Bureau as a whole
and not separately.
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D. Because intelligence activities of the Department of
Defense represent such a major portion of the intelligence
resources of the United States Government, and since some Defense
Department organizations fulfill national as well as departmental
intelligence responsibilities, the charter question is inherently
complicated.
(1) The Defense Intelligence Agency and the intelli-
gence organizations of the military services are essentially
departmental in nature, although they contribute to the
production of national intelligence through their collection
and analytic activities. Determination of the organization
and functions of these intelligence organizations is
inherent in the responsibilities of the Secretary of Defense
and the Secretaries of the military departments. Additional
statutory authorization is not required.
(2) The National Security Agency serves the needs of
the entire Government but responsibility for this activity
has been assigned to the Secretary of Defense. Because of
the highly classified nature of much of the effort for
which the NSA is responsible, it, of necessity, operates
under classified directives. The existing National Security
Council Directives, Director of Central Intelligence Directives,
and Defense Department regulations are deemed adequate
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for the purpose, and no statutory charter considered to
be required. From the standpoint of organization and
manning, Defense Department authorities already are
sufficient for the purpose.
(3) The national reconnaissance activities conducted
on behalf of the U.S. Government involving Defense Depart-
ment elements are highly classified in nature. Compart-
mented classification systems are applied to the planning,
programming and conduct of the reconnaissance operations
and to the utilization of the products therefrom. The
Secretary of Defense and the Director of Central Intelligence
are jointly involved in this effort and their authorities
are sufficient for the organization, management and
functioning of this activity. No need is seen for legislation.
specifically applicable to the reconnaissance program.
E. None of the foregoing comments concerning the need for
legislation, or the perceived absence of such need, as regards
individual elements of the Intelligence Community are intended to
imply there is no need for an overall statement of the role and
function of the foreign intelligence program of the United States
Government. Such a statutory statement, positive in tone and
general in nature, could serve a very useful purpose. It could
be included as an amendment to the National Security Act of 1947
or be a separate legislative act.
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(1) Such legislation could set forth the basic
purposes of national intelligence activities and define
the relationship between the Congress and the intelligence
agencies of the Executive Branch. Statutory provision
for exclusivity in jurisdiction for intelligence oversight
would be helpful, as also would provision for establishment
of rules which will assure the responsible handling of
sensitive intelligence information in the Congress.
(2) Such legislation, however, should not deal with
the structure and procedures of the Intelligence Community,
nor the specific roles and responsibilities of the depart-
mental components of the Community.
(3) Considerable attention already has been given to
the "thou shalt not" restrictions on intelligence activities,
e.g., Executive Order 11905, and there is need for positive
statement of the activities which the Intelligence Community
is authorized to undertake.
F. Unless the Senate Select Committee on Intelligence envisages
a major and drastic revision of the functioning and structure of
the Intelligence Community, little if any need is seen for Committee
attention to statutory charters for elements of the Community other
than the DCI's Intelligence Community Staff and the Central Intelli-
gence Agency.
8
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