LETTER TO HONORABLE JOHN C. STENNIS, CHAIRMAN FROM W. E. COLBY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000500400008-9
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 12
• Document Creation Date: December 9, 2016
• Document Release Date: August 27, 2001
• Sequence Number: 8
• Publication Date: January 1, 1973
• Content Type: LETTER

Approved For Release 2
ba
CENTRAL INTELLIGENCE AGENCY
WASHINGTON, D.C. 20505
Honorable John C. Stennis, Chairman
Committee on Armed Services
United States Senate
Washington, D. C. 20510
This is in response to your request of 8 June 1973 for the
recommendations of this Agency on S. 1935, "To amend section 102
of the National Security Act of 1947 to prohibit certain activities by
the Central Intelligence Agency and to limit certain other activities
by such Agency. "
In view of the nature of our comments with respect to certain
provisions of the bill, _wne - - a s-ified this report,,Se . `ph"-a
S. 1935 adds a new subsection to section 102 of the National
Security Act of 1947, as amended (50 U. S. C. 403), which, according
to the statement accompanying the introduction of the bill, modifies
the authority of the National Security Council to proscribe certain
functions. for this Agency in the areas of: (1). internal security,
(2) illegal domestic activities, and (3) "covert action" abroad. (119
LONG. REC. Daily Ed. 4 June 1973.)
Internal-Security Functions
The provisions of S. 1935 relating to internal-security functions
appear in new subsection (g)(1)(A) and (B). According to the statement
accompanying the introduction of the bill, the proposed subsection is
designed to tighten up an existing provision of law:
"PROVIDED, That the Agency shall have no police,
subpoena, law-enforcement powers, or internal-security
functions." (National Security Act of 1947, section 102 (d)(3). )
r
Approved For Release
01/080 :
 Approved For Release 2001/08/30 : CIA-RDP75B0038OR000500400008-9
According to the statement, this tightening up is needed because the law
prescribes other duties for CIA which justify "operations domestically"
and "even domestic operations. "
It is believed that a review of the language and background of the
law establishes that:
(a) The word "powers" in the phrase "police, subpoena,
law-enforcement powers" means legal ability or authority.
The Agency has no police, subpoena, or law-enforcement
powers, has never attempted to exercise such powers, and
its legal inability and lack of authority to exercise such
powers is abundantly clear.
(b) The meaning of the phrase "internal-security
functions" is equally clear when considered in the
context of both the legislation in which it appears and
the legislative history which surrounds it.
The heart of the Central Intelligence Agency section of the National
Security Act of 1947 is subsection 102(d) which sets forth the duties of the
Agency under the direction of the National Security Council. The proviso
in question appears in a paragraph of a subsection dealing specifically
with the correlation, evaluation, and dissemination of intelligence infor-
mation.
The legislative history of section 102 of the National Security
Act reflects congressional intent that there be no confusion between the
pursuit of intelligence abroad and police powers at home. In 1947, it was
very clear that the merging of these two functions was characteristic of
totalitarian states. The concern simply put was that there be no "gestapo
in the United States. " While this country has never had a national police
force, experience with the conduct of totalitarian states was uppermost
in the nation's mind.
In light of these concerns, a proviso was written into law to add
to the assurance that the Agency would not be engaged domestically in
collecting information on citizens of the United States who, unlike Agency
employees and others having access to- our information, are not of legit-
imate interest to the Agency. The proviso was patterned after the wording
Approved For Release 2001/0 RD 4M0 00 0008-9
 Approved For Release 2001/O 3~z, RDP75B00380R000500400008-9
in paragraph 4 of the 22 January 1946 Presidential directive which
established the Central Intelligence Group, the predecessor organi-
zation of the Central Intelligence Agency (i. e. , "4. No police, law-
enforcement, or internal-security functions shall be exercised under
this directive. ").
We do not view any provision in 102(d) as authority to override
the proscription that the CIA. shall have no police, subpoena, law-
enforcement powers, or internal-security functions. However, neither
do we view that proscription as prohibiting this Agency from protecting
its installations in the United States, conducting security investigations
of its personnel and persons having a need for access to its information,
and, of course, engaging in activities in the United States solely in
support of the Agency's foreign intelligence mission.
The functions assigned to this Agency under subsection 102(d)
relate only to foreign intelligence activities although the word "foreign"
does not appear in the subsection. While it is not believed that any
amendment is necessary, the insertion of the word "foreign" appro-
priately throughout the subsection would be preferable to (g)(1)(A) and
(B) of S. 1935 and would appear to substantially meet the same objectives.
With the word inserted, the introduction of subsection 102(d) would read
as follows:
"For the purpose of coordinating the foreign intelligence
activities of the several Government departments and agencies
in the interest of national security, it shall be the duty of the
Agency, under the direction of the National Security Council...."
New subsection (g)(1)(B) proposed in S. 1935 would prohibit this
Agency from providing assistance of any kind to any agency of the
Federal. or local government engaged in police, law-enforcement, or
internal.-security operations and activities unless such assistance is
provided with the prior approval of the CIA oversight committees of
the Committees on Appropriations and the Committees on Armed
Services of the Senate and the House of Representatives.
In carrying out its foreign intelligence function, the Agency
frequently develops information of major concern to domestic law-
enforcement agencies. In such areas as narcotics smuggling, aerial
highjacking, international terrorism, and, of course, foreign directed
espionage and subversion, the Agency has a capability, and we think an
obligation, to provide information which this Agency acquires abroad in
Approved For Release 2001/08/30 : GI'9P751300380R000500400008-9
 Approved For Release 2001/08T30 : Cj -.RDP75B00380R000500400008-9
carrying out its foreign intelligence mission to those domestic agencies
who alone might be in a position to use it effectively to forestall serious
criminal action or security threats within the United States.
Illegal Domestic Activities
New subsection (g)(1)(C) proposed in S. 1935 would preclude this
Agency from engaging in "any illegal activity within the United States. "
We see no merit in a proposed law forbidding this Agency from doing
what it is already forbidden to do under the law of the land. Moreover,;
the very enactment of such a law would suggest, where there is no
foundation in fact, that the Agency has conducted illegal activites in
the past. ~13~,.__tT`~^ r? z=d
a~s}1y condoning auch_act^ia o the; --
pxovision
"Covert Action" Abroad
New subsection (g)(1)(D) proposed in 5.1935 would prohibit this
Agency from engaging in "covert action" abroad without the specific
written approval of the oversight committees of CIA in the Congress.
While the new subsection is proposed as a tightening up of the current
law, it actually constitutes a specific authorization for the CIA to engage
in "covert action in any foreign country. " It is believed that a statutory
acknowledgement that the United States engages, or will engage, in
covert action against foreign nations, contrary to the United Nations
Charter and principles of international law, could be a cause for
embarrassment in our international relations. The present practice
of providing a full and complete account of our activities to our four
oversight committees appears to be a more satisfactory method for
meeting the objectives of the proposed new subsection.
In view of the above considerations, it is recommended that S. 1935
in its present form not be favorably acted upon by your Committee. The
Office of Management and Budget advises that there is no objection to the
submission of this report; that serious constitutional questions are raised
by those provisions in the bill imposing a condition of prior approval by
congressional committees; and that the enactment of S. 1935 in its present
form would not be consistent with the Administration's objectives.
Sincerely,
W. E. Colby
Approved For Release 2001/08/30: CIA-RDP75B0038OR000500400008-9
 Approved For Release 2001/08/30 : CIA-RDP75B0038OR000500400008-9
5 Sept. 73
0 DDM&S called
re Proxmire bill, S. 1935:
They have no suggestions
other than the classification
may be too high; D/Security
suggested "Confidential"
Approved For Release 2001/08/30 : CIA-RDP75B0038OR000500400008-9
 'SENDER WILL CHECK CLASSIFICATION TOP AND BOTTOM
-Ad OV FtN`~Gf~MCY1761ki/i~'Ni7F1_M1 7._V 00650-MOO:
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
1
Acting
a
Legislative Counsel
3
4
Aesarks:
The DDI has no problem with the intent of any
of the statements in the draft letter. He does
have problems with some of the wording however.
Specifically, he believes that the final sentence
in the paragraph on page 4 discussing new sub-
section (g) (1) (C) should be deleted. The DDI
believes the sentence is a good point of law, but
does not believe that it's an appropriate response
for this letter.
In the very last paragraph, believe you
should make it clear tha a very last phrase is
OMB's position, the Agency's.
4-6u) HERE TO RETURN TO SENDER
DDRESS AND PHONE NO.
DATE
C/Executive Staff/DDI
8.31.73
i
-MO. 237 Use previous editions .FM) 1968 0 - 257-542
FO 1IYe7
 Approved For Release 2001/08/30 : CIA-RDP75B00380R000500400008-9
11 Sept. 73
Attached for your review is our proposed
report on the Proxmire bill. It has been
coordinated fully within the Agency and
reviewed by Woolsey also.
If you approve, we will put in final for
Colby' s signature prior to transmittal to
OMB for clearance.
4.110
Approved For Release 2001/08/30 : CIA-RDP75B00380R000500400008-9
 25 September 1973
Approved For Release 2001/08/30 : CIA-RDP75B0038OR000500400008-9
Called DDS&T - secretary - Sue
to find out if they ever responded too r re uest
for comments on Proxmire Bill.
called later in the day to say that he was sorry
that he did not mail back his comments, but that
he (DDS&T) had no objections.
Approved For Release 2001/08/30 : CIA-RDP75B0038OR000500400008-9
 STITI N'
ROUTING AND RECORD SET
SECE1
^ uII' LASSIFI usE.oclLv CUWEIL t. I IAI. LJ
A roved Eqr Ptp
RL2001 /08/30 ;CIA-RDP003808000500400008-9
LSUBJECT: (Optional)
FROM;
PC Acting egis ative Counse
TO: (Officer designation, room number, and
building)
DDI
Approved Far Rel
INTL
OFFICER'S
INITIALS
DATE 25X1A
30 August 1973
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)
Attached for coorc,nat;on ;
a proposed Agency report
S. 1935 the Proxmire bill) which
will be recommended to Mr. Colby
for signature and will be nuted!
to the Office of Management and
Budget for clearance prior to
transmittal to the Senate Armed
Services COY ttee, which has
r aue~ n the le~is-
l_tion.
Included in the attachments
for your information is the state-
ment by Proxmire which he made
of the bill
75B603@0a0 0&@J9 DDM&S,
DDS& T, IC
OLC 73-0692
 F7 UNCLASSI F
13flht?ftL2001/08/30 : CIA-RDP75R0 3$ ~~( 5OF0 0008-9
USE OLY
ROUTING AND RECORD SH T
STATI N
I
STATI N
ILSUBJECT: (Optional)
FROM; EXTENSION
c ing egis a ive Counsel
S EEC I.- E,i
NO.
OLC 73-0692
DATE
25
30 August 1973
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.)
IC
gf3o
g/3O
Attached for coordination is
//
a proposed Agency report on
S. 1935 (the Proxmire bill) which
V1~
will be recommended to Mr. Colby'
for signature and will be submitted"
3
to the Office of Management and
Budget for clearance prior to
4.
transmittal to the Senate Armed
Services Committee, which has
requested our views on the legis-
5'
lation.
Included in the attachments
6.
for your information is the state-
ment by Proxmire which heN
in connection with the introduction
7.
of the bill
8.
Acting Legislative Counsel
9.
STATI N
10.
it
11.
12.
13.
14.
15. Approved For Rel
ase 200
/08/30:
CIA-RDP
5E 3>~&OOaOV>~J, DDM&S,
DDS&T, IC
1A
 STATIN
JJNCLASSI IFRED USE 11711211Y ^ Ir ^ C Cj 1DEG3 c AL El C .E '
ROUTING AND RECORD SH'1227
UBJECT: (Optional)
FROM:
EXTENSION
NO.
0 i E
OLC 73-0692
ctin?; Legislative ounse
-
DATE
25
30 August 1973
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom S
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
OGC
3?h
'/73
Attached for coordination is
3
a proposed Agency report on
2.
S. 1935 (the Proxmire bill) which
ff
will be recommended to Mr. Colby
it
ill b
b
d
'
n
e su
m
te
;
ature and w
for sig
3.
to the Office of Management and
Budget for clearance prior to
4.
transmittal to the Senate Armed
Services Committee, which has
requested our views on the legis-
5.
lation.
Included in the attachments
6
for your information is the state-
.
ment by Proxmire which heaAde
N
in connection with the introduction
7.
of the bill
8.
Acting Legislative Counsel
9.
10.
2
12.
13.
14.
15. Approved For Rel
ase 200
1/08/30:
CIA-RDP
5B0 3 ?900,W00789, DDM&S,
DDS&T, IC
L
X1A
1A
 ST/TIN
UNCLASSIIFIE? ^ IN "t" NF1L C ry IU I~ o L
-USE ONLY
ROUTING AND RECORD SC-r T
LSUBJECT: (Optional)
FROM:
EXTENSION
NO.
OLC 73-0692 F
Acting Legislative Counsel
DATE 25
30 August 1973
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom PI
RECEIVED
FORWARDED
INITIALS
ent.)
to whom. Draw a line across column after each comm
DDO
Attached for coordination is
80
a proposed Agency report on
2. 9j3
S. 1935 (the Proxmire bill) which
will be recommended to Mr. Colby
itted
b
ill b
d
f
i
m
e su
or s
gnature an
w
3
/~
to the Office of Management and
U'~/
Budget for clearance prior to
4,
transmittal to the Senate Armed
Services Committee, which has
requested our views on the legis-
lation.
Included in the attachments
for your information is the state-
b
ment by Proxmire which he made
in connection with the introAT1U1
7.
of the bill
8.
Acting Legislative Counsel
9.
1 ~2coc~ ~,~e~~ O4
3 to 5s
11.
DDO concur in your proposed
report a ached on S 935
12.
William E. Ne1 on
13.
14.
15. Approved For Rele
ase 200,
1/08/30:
IA-RDP
5B B k6005~6~00W-4? DDM&S,
DDS&T, IC