CONGRESSIONAL APPROVAL OF AMENDMENTS TO CIARDS REGULATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R001000040056-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 19, 2016
• Document Release Date: February 15, 2007
• Sequence Number: 56
• Content Type: MF

Approved For Release 2007/02/16 :CIA-RDP81 M00980R001000040056-6
/Gi - 7~tr' t3 ~ G d J'
MEMORANDUM FOR: Deputy Director for Administration
SUBJECT Congressional Approval of Amendments to
CIARDS Regulations
1. In the course of the coordination of an amendment to the CIARD
regulation, HR 20-50, which has been in process for same time, the question
of whether the amendments should be submitted to congressional committees
for their approval has arisen. The Act, in section 201(a), authorizes the
Director to prescribe rules and regulations for the establishment and main
tenance of the System, "such rules and regulations to become effective after
approval by the chairman and ranking minority members of the Armed Services
Committees of the House and Senate." President Johnson issued a statement
when he approved the legislation Mating that he regarded this prevision as
an unconstitutional intrusion into the powers of the executive branch, but
because he regarded the legislation as meritorious he would. approve it. He
would "treat this provision as a request for consultation ...and should ask
the Director to comply with it an that basis." The original regulations were
furnished and the chairmen and ranking minority members, by letters,
approved them .
2. The regulations have been amended a number of times through the
years, but I believe no amendments have been furnished the committees under
the provisions of section 201. It was at least the informal opinion of John Warner
when he was Deputy General Counsel and General Counsel that the Act did not
require submission of amendments to regulations . Tony Lapharn believes it
would be desirable as a matter of policy to furnish these amendments to the
committees without regard to whether the statute requires committee approval
before they become effective. It is our understanding also that in conjunction
with your recent testimony assurances were given, at least to the staffers of
the House Committee, that amendments would be furnished. Se
ate to me of 6 March 1978, attached. There is the additional argu- 25X1
ment in favor of submission that if in the event of amendments contemplated
by the Agency which might be controversial or arouse criticism on the Hill
it would be better to face that question in advance rather than after the fact.
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 Approved For Release 2007/02/16 :CIA-RDP81 M00980R001000040056-6
It is our suggestion, therefore, that we adopt the policy of furnishing to the
congressional committees copies of any new amendments to the CIARDS regu-
lations prior to final approval by the DDA or the Director, as the case may be.
3. It will be noted that section 201 xequires that the regulations go to
the chairmen and ranking minority members of the Armed Services Committees .
These Committees of course no longer have jurisdiction over the Ageney and
intelligence matters . In view of this contradiction between the statute and com-
mittee jurisdictions and in order to maintain consistency with President Johnson`s
position it is suggested that any submission to the Select Intelligence Carnmittees
carefully avoid any statement or indication that the statute requires submission.
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