“MD1016 a 1118 LayAIM J 1801 TH • • NOTES FOR SESSION.. In previous sessions we discussed the importance of. highlighting issues’likely- to grow out of Commission or,. Committee deliberations. We observed that we should identify some of those on which a legal brief or ann”
“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”
“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”
“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”
“+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”
“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”
“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”
“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.”
“e. Intelligence information often looks sensitive to the layman or generalist when the expert will tell you it is innocuous. And conversely, what seems innocuous to the layman can be quite sensitive. Our job is to help you distinguish the one from the other. f. we rely on you to”
“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”
“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”
“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”
“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”
“be established to insure that only authorized personnel are allowed entrance. 12. Storage of all classified material should be within the designated area as opposed to any areas or outside offices. 13. Security protection should be provided to all Committee transcripts duri”
“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”
“*d%K8h Mr. Aaron. That lnot what we want to convey and so 9 vou are correct. Mr. Kirbow. They should review the policies and goals 4 and requirements. really. 5 Mr. diGenova. How about policy at the end of the first gion tence? 7 Mr. Aaron. Human intelligence collec”
“where we / 2.1 maybe have it pretty well covered until we get some opportunity 22 to see, how this new set-up is going to work, whether we’re 23 going to have the kind of abuses we had before. Maybe we-don’t 24 need each of these details of Congress going down into the ”
“#* **-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”
“the current bill. take the opportunity to . respond to that concerning general declassification”
“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”
“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 ”
“A€..%*n-5 words on paper. It tries Fo not at the problem of what are the 2 I programs and are they doing their job? 0 Mr. diGenova. Who do they make the recommendations to? The CFI? Mr. Aaron. Yes, or the President. Mr. Maxwell. One remark in connection with - '1 / ”
“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”
“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”
“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”
“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,”
“collection efforts and clear only those’ ' ■ staff personnel with an absolute "need to know” about such systems, : and that documents related to such systems be handled in a compart- mented fashion by the Select Committee. The responsible departments and agencies would be gla”
“@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 ”
“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 ”
“14 2 v. wNa6 IT6 - . 14 iso far would have legislative authority over. So we’re really just recommending here that in this statute they provide the framework under which these kinds of reprogramming can be a done in view of the fact that we are extending the DCI from hisi”
“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”
“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”
“TOP SECRET 63 1 suggested got to that. 2 Mr. Aaron. Well, let me see if I can read out what I would 3 propose along the lines I think we discussed. 4 The oversight committee should require that the fiscal 5 impact of proprietaries be made clear in the OCX's budget 6 pr”
“6: sts • H94a 1 Mr. diGenova. Mr. Chairman, I would add in that regard 2 that with regard to the snacific recommendation, this is 6 not going down into the Agency. This is talking about the 4 Attorney General who is the head of an agency, first of all, 5 and the history”
“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”
“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”
“F irs t S tre e t, S.E., W ashington, D .C . 20003 Senator Hart of Michigan. But what is not clear-cut to 19 me is how we report to our peers. 20 The Chairman. We will take that up. 21 Senator Schweiker. We discussed that at one meeting. We 22 had a little informal meet”
“TOP SECRET Ji '1 Here again you come to the' notional. 2 Mr. diGenova. No, no, Charles, because- the point they 3 made during our review out there was . that, never have the - 4 proprietaries appeared in the budget presentation. They have 5 been hidden, and the object i”
“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”
“• *4Al.• Mr. Kirbow. Andede% sav no should rovles it in kind of a general recommendation, then you talk about all of the intelligence functions having any possibility of affecting 1 the laws of the United States. 5 : I really would like to see that kind of requirement (”
“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 ”
“0 0 3 I am glad to. 20 Mr. Baron. There may be one way you can help right now. 21 I know that before we. started today Bill Miller, the Staff 22 Director of the Committee, indicated that the Committee would 23 be interested in hearing you out at great length on policy ”
“N%€ .3€, -6*0 -a 92 1 I Secretary of Defense are empertea to attend or whether they’re all supposed to be designing. .I don't 'know what the protocol is but is it likely that .-1 the Secretary of -Defense would attend if- it were a designee, j 5 of the Secretary of St”
“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 ”
“egislation. I would like, because of the specia l ex pe rti se of thi s w itn ess , if co uns el wil l withhold for just a moment, say a word or two about the process that we are engaged in. First, we commend you for your long years of service I to a very, very important agency o”
“copy of the agenda is attached. 2. (S) Significant points of consensus were: Providing CIA Documents ---An Addendum to the Memorandum of Understanding is being drafted. In essence, it provides a CIA security beachhead within HSCA offices with a CIA-controlled safe containing sens”
“out there. The four that are hot are the Congress Lor %5 oversight and the CIA budget paper, although the budget section TOP SECRET VARD 2 PAUL NW 50955 DocId:32423509 Page 70”
“their staffs, which was granted after the normal briefings and signing of the - “-secrecy oath: ; S. Armed Services Committee - Appropriations Committee S. ... . Aeronautical and Space Sciences Committee May I reiterate’ the points I made on Friday: * a. No material is bei”
“W-”• o*P•% 85 ; for this paragraph, that Be review and that he advise the President and the committee if in his opinion any of these practices violate the Co istitutional rights of American citizens ■ *.! or any other laws. 5 Mr. Kirbow. 1 I would fee I. much better abou”
“geb 75 Ke *6KE 1 further to say that there would be an annual review of this 2 activity by the Senate oversight committee and by the 5 i counter-intelligence committee which we proposed be established 41 and has been agreed here as a recommendation of the National 5 Secur”