“appreciate those suggestions, But in summary the release of the CIA records in accordance with the general outline contained in this resolution would not damage any current CIA operations; is that correct? 10”
“22 from this in the promulgation of a specific directive. 97 That’s slightly out, of synch with- the order of some of - 24 the other recommendations. The Committee might want to choose 9 to drop - that -to a footnote or to do it in some other way. .. TOP SECRET WAR ft PA”
“in the next session of Congress. 24 Mr. Sprague. At the next sess ion I wou ld lik e t o p res en t 25 NW 66000 Docld:32266459 Page 6 378 1 what I think will be a preamble there which I think would 2 then save this resolution, the wording of it, from subsequent 3 attack. 4 91 Mr.”
“classified to outside, non-governmental review. It is against this background that, in response to the committee's request, I cite our few technical reservations about the mechanism established by the joint resolution to achieve this same result. I intend to address only Inte”
“e of Technical Service (Mr. Brandwein and Jean Turoff), Office of the General Counsel: Mr. Rininger. After there has been time to consider the problems that will be faced, the undersigned will ask for a meeting with repre- sentation as appropriate from the above components. 5. Ar”
“oversight committee 21 should pursue this Question further would be sufficient. r 22 Senator Huddleston. Well, paragraph 22 over on 39. 23 if applied to the FRD, would be a pretty good approach, I think. Mr. Aaron. That would not necessarily rule out it 24 25 would no”
“+85#,P intelligence. But then it uses the word guidance. That is that the DCI will provide guidance on the relationship between the two and that is ambiguous to us and so we wanted to make sure T that the DCI would be able to look at the whole but not have T responsibil”
“cutive session, and you may request that the Committee convene such a session to hear your response. If the Committee were to insist upon your testimony at this point, you are entitled to request that the Committee grant you an opportunity to confer with the Director of Central I”
“Hi TOP SECRET 9 1 way we have recommended the change in 45, without objection 2 the Committee approves it. 5 Let us go, then, to the next subject, the structural 4 changes, the role of the DCI on page 61,. 5 Mr. Aaron. I’m sorry, Mr. Chairman. We have one other. 6 qu”
“difference between what the Agency has already taken upon 22 itself and what this recommendation involves is this recommen- 23 dation extends it to individuals who are not accredited. 24 There are a number — the figures that the Committee has 25 NW 50955 DocId:32423521 T”
“W— -NNNW- 4 1 air too, I would expect. 2 Before we get into the substance here, I understand that our new mandate is if possible to complete ours no later than 4 Friday. So we're going to try to shoot for tomorrow. 5 What the Chairman would like to do would be for us to”
“elements of the intelligence . .- . community. Clearing each and every such refel ence with crc.y* agency mentioned could manifestly be extremely consuming of time . and manpower. - . ' - 7. I propose the Ad Hoc Group agree on the following procedure. Where it appears that ”
“TOP SECRET 27 1' arrangement we had previously, that is to say, that none of 2 this is final, and certainly not until we hear the comments a of the Agency. 4 Is that still observed? 5 The Chairman. Yes, that is still the situation. Nothing 6 becomes final until the fi”
“exception, I would have told you up until the beginning of this current public discussion, that 24 was the way it went, and that nothing went outside it, and 25 that the Agency and the Defense Intelligence Agencies, with TOP SECRET HW 50955 DocId:32123106 Page 2.”
“@s. owe: V #1044 ‘Monday or Tuesday, even his hope is that during the course 2 of the next week the Full Committee will finish that. In the meantime, of course, we can still be working on 4 these reports looking toward: hopefully, if we could have those 5 bv the end of ”
“and onints-out that he should prepare this 0O budget, present it to the President and to the Congress who would make some referone born to the language in the President s Pnmttn Andor ith Ir ’' OF It makes tho pint that the dofinition of the 107 SECRET ‘‘/* nPVL NW 50”
“q‘1 70 g A, KM SECRET 70 Then the question arose about the deadline on the 15th fl and the-Chairman is going to ask that this deadline be set aside because of the problems of not being able to finish 4 security and those other matters. 5 So he is taking steps to do that ”
“TOP SECRET 64 1 Mr. Aaron. Let me try another fix here because I’m 2 not too sure. 5 The oversight committee shall require the fiscal impact of 4 proprietaries in the CIA's budget be made clear in the Director' 5 5 authorization presentation, or what phrase is that? In ”
“they 20 won’t report it to the authorization committee unless they 21 require it to get money. 22 So if you want to leave it a detailed budget, their 23 presentation to the budget committee, this language will get 24. that done. 25 Senator Huddleston. Well, what if yo”
“the intelligence 21 community to help him in the task of establishing these requiremen Now this is, an increase in .his authority from his current posture. He has feyt.o the authority to issue didance 20 in the preparation of rociremonts but he can’t really say do Ithis”
“Commission report. 29 Now as the first recommendation, I think that we have 23 agreed at the staff level to take out - the brackets and put a . 24 footnote which would, make it clear that while the primary 25 mission- of the CIA would be to collect denied, or protected fo”
“Senate, and they will seize on it because today 22 they don't do it for anybody else but the Appropriations 23 Committee. 24 Senator Huddleston. I think that's reasonable^ enough. 25 It ought to be clear. TA0 PADRT HW 50955 DocId:32423513 Page 66”
“io n stating what I submit would be the appropriate basis for th is i nve sti gat ion , s o t hat if and when the matter of the constitutionality arises, we 17 are properly and fully bottomed. But I would not do that unless 18. given such direction by the committee. 19 ດ Frankly,”
“uld like to bring to the 24 attent ion of the committee, if I may, there is a question 25. NW 66 000 Docld:32266459 Page 5 376 377 * 1 in my mind, as your chief counsel, with regard to the present σ 2 resol uti on that exists concerning the au thri ty as the base 3 for this commi”
“gas hi 235M 3*N8 * bi '1 quickly. 2 Mr. Aaron. I would recommend that we accept the suggestion that we put this in a positive sense and proceed - 4 on that basis and clarify the word penetrate and the fact 5 that it is the domestic aspect. 6 Mr. Kirbow. Could ye ask the”
“1:811 Mer *9*08 59 1 : at the question of duplication with overt reporting by the 2 military attaches or by the foreign service or whomever. In other words, it’s trying to establish a standard. 1 Senator Huddleston. Okay, so where are we? 5 Mr. Aaron. I think we’re at the ”
“0r"8 SECREA 9 elements to be included sithin a national intelligence budget o in other words, what parts of the community would fit into that. where you draw the line between technical and national intelli- 1 dence, between departmental and national intelligence. 5 This”
“TOP SECRET .50 1 that's the one that ran all of the problems. . 2 Senator Huddleston. You do mention that somewhere, don't 3 you? 4 Mr. Aaron. It's not mentioned specifically, but it might 5 be possible to say, you know, maybe you can put a footnote on ■ 6 the first par”
“5*H5* i / Mr. Davis. Ho’s os-horizgl. He doesn’t have to. Mr. Kirbow. He’s authorized to have a staff under the President’s executive order or in any other normal course of business. 5 i This appears to be dipring down below the kind of - 6 statutory authority positi”
“of the intelligence. ' ." community. Clearing each and every such reference with every - - agency.mentioned could manifestly be extremely consuming of time and manpower. Y 7. I propose the Ad Hoc Group agree on the following procedure. - Where it appears that truly sensitiv”
“TOP SECRET 38 1 that we discussed and the staff- was asked to rewrite went to 2 the question of any changes or waivers of Agency directives 3 or recommendations, and as considered by the Committee 4 yesterday. The agreement was —- and if that proposal is 5 one of the ”
“the current bill. take the opportunity to . respond to that concerning general declassification”
“is that the Committee 24 recommend that the CIA, by regulation, handle this matter 25 rather than make it statutory. TOP SECRET WARQ & PAUL NW 50955 DocId:32423521 Page 32”
“clear that what we don't 22 want, to do, which is to abort our honest to goodness cultural.’ 23 exchange and other programs. 24 The Chairman. This could be done by saying "By statute 25 the CIA .should.be prohibited from using operationally grantees TOP SECRET WARD & P”
“of course, has no way of knowing whether you will be called to appear during these public hearings. 1 You are hereby advised that the Agency's agreement with the Committee under which you have been authorized to disclose classified information to Committee representatives does no”
“sions for subsequent exchanges on the point but the key provision is the first five-day period. : 3. As a practical matter we will have two separate reviews to conduct--a security review and a substantive review. We probably should plan to conduct the two reviews at the same time”
“some of the more damaging items in the text as drafted. These are cited below: a. Page 15: Discussion of back channel communi cations used to circumvent the Secretary of State seems to be ill-advised and not designed to enhance Agency relations with State. b. Page 23: Ther”
“#* **-N6DA 1U In this specific situation, for example, we’ve already 2 not the Attorney General being involved with the oversight responsibilities. When he takes office he already has the ,1 obligation to see that all the laws and activities of agencies 5 are carried out”
“0f . NCR ha § 5 Senator Huddleston. Tthink it’s probably material to also to have a firmer granr when, we start discussing- and defending the report maybe, even to the extent of having specific figures. I think it's highly unlikely that they will let that stay 5 in ther”
“record, this,— 22 actually, that part'of the instruction is in the public record 23 now under, the Freedom of Information Act, that part of 50-10 24 that talks about Fulbright grantees. It was the original 25 intent of the recommendation that is now before you to extend ”
“TOP SECRET 38 1 fowl of the other. 2 Senator Huddleston. I think; we've already said that ■ 3 pressures sometimes were brought to bear and we make recommenda- 4 tions to correct that. 5 Ms. Culbreath. Mr. Chairman, could I suggest that maybe if 6 we do delete that, tha”
“TOP SECRET 10 1 more than one source, then' he receives them from more than one 2 source, but if he is a grantee of a Federal program — 5 Mr. Maxwell. But the problem- is receiving funds through 4 educational and/or cultural programs. 5' For instance, if he were totally fun”
“function in which he said, and this is in the • 23 same direction, the Attorney General will be required to 24 advise the President and the oversight committee if he finds 25 that these options are being taken in a manner that violates? TOP SECRET wARD & PAUL NW 50955 Do”
“~dh 91 T00 SECRET 9 1. ■1. that. 2 Mr. Aaron. I think that’s a fair point. The question, 5 I guess, the case at which the certification would run most would 4 add to what already is in the sentence preceding it which A’s 0 is review by the Committee which the Attorney Ge”
“TOP SECRET 56 1 the first sentence in.No. 1, and after we say the external 2 and internal controls, the oversight committee should require ar 3 annual report of all proprietaries by the CIA, including an 4 internal CIA audit and all intercessions that the CIA may have 5 m”
“M *S *MeE 36 ! this recommendation as 1, not simply in the context of the 0 President’s own proposals and own measures that he has taken but in terms of the measures which we propose be taken in statute. which of course the oversight committee or whatever responsible 5 ”
“sently exists is worded. 8 9 10 11 1 2 13 14 15 16 be able to present to the committee, at the ne xt session, a sort of preamble to the resolution stating what I s ubmit would be the appropriate basis for this investigation, so that if and when the ma tt er of the constitutionali”
“oporations, and (4) the precedent in terms of weakening the confi- dence of current and potential Agency relationships. ect 10 J. Elvin Sixtel Assistant General Counsel , OLC D/Security JAC/WH/COG 99 SECRET sis.** azlieddi ** eNA’APh*1 1.-4* tre- "at: acoo’s etiw Po”
“not be precluded and would still 22 exist. 93 Now it goes on to state that in doing this we would also 24 recommend authorizing the 'CIA' to carry out the recruitment of agents within the United States for this purpose. And it goes i 25 TOP SECRET ARD & FAUL NW 50955”
“TOP SECRET 49 1 Senator Huddleston. So if you are going to use the term 2 "small," you've got to say it from the standpoint ■ of employees 5 or resources. 4 Ms. Culbreath. I. was just going to suggest that, since 5 another of our recommendations suggests, annual review ”