H.R. 5092 - REGISTRATION OF NSDD'S: HEARING BEFORE BROOKS SUBCOMMITTEE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001400010048-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 36
• Document Creation Date: December 27, 2016
• Document Release Date: August 5, 2013
• Sequence Number: 48
• Publication Date: August 4, 1988
• Content Type: MEMO

I
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R66 ,
140001-064819
4 August 1988
OCA 2616-88
MEMORANDUM FOR: Deputy Director for Administration
De ut Executive Secretary
OGC
OGC
FROM:
Legislation Division
Office of Congressional Affairs
SUBJECT: H.R. 5092 - Registration of NSDD's:
Hearing Before Brooks Subcommittee
1.. On 3 August 1988, the'Subcommittee on Legislation and
National Security of the House Government Operations Committee
held a hearing on H.R. 5092, the "Presidential Directives and
Ret'orda Accountability Act." Briefly stated, this bill would
require that virtually all Presidential documents, most
jeppecially National Security Decision Directives (NSDD's), be
registered with the Federal. Register and transmitted to the
Copgress. Present at the hearing were Representative Brooks,
SubCOmmittee Chairman (as well.. at Chairman of the. full
Committee), Ranking Minority Member Horton and Subcommittee
members"Kleczma, Lukens and .Walker. The hearing lasted about
two hours.
2.. Chairman Brooks began by reading a prepared opening
statement (copy attached) .outlining why he believed the -
legislation was necessary. . The 'statement characterizes, as
abusive NSDD's on Libya, Grenada, contra training and NSDD 145
which established a role for the National Security Agency in
the government's computer security. Attached to the statement
is an exchange of correspondence between the House and the
National Security Council concerning the former's request for
NSDD's. Chairman Brooks also announced that the Subcommittee
had invited National Security Advisor Colin Powell to appear,
but that he had declined.
3. In his oening statement, Ranking Minority Member
Horton was cautiously supportive of the effort but suggested
that the opinions of former National Security Advisors be
solicited. He also included in the record the Subcommittee's
letter of invitation to National Security Advisor Powell along
with his response. Horton noted the fact that the letter was
dated several days prior to its actual receipt two days before
the hearing, at the National Security Council.
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9 ?
4. Representatives Stokes and Hamilton then appeared as
witnesses. Each of their statements are attached. Both were
generally supportive of H.R. 5092, although Hamilton's support
was stronger than Stokes. Stokes made some suggestions to
amend the bill so as to give greater security to the NSDD's
actually transmitted to Congress.
5. Representative Walker, in his questioning of the
witnesses, noted the security problems with transmitting the
NSDD's to Congress. Brooks, in response, said he envisioned a
system whereby the Federal Register published only the number
or other "fact of" information concerning classified NSDD's and
that the actual copies be maintained at the White House..
Representative Walker also asked the witnesses if they would
support an amendment providing similar treatment for supposedly
parallel Congressional documents.
6. When this testimony was concluded Chairman-Brooks---
'announced ?that Rpre'sentatiVe.Dinge117was unable to appear but
that he would be sending a:statement for the record.
7. The Subcommittee then heard testimony from Steven L.
Katz, a representative of "People for the American Way" and the
author of a recent work Government Secrecy: Decisions Without
Democracy. He supported the bill.
8. Also appearing in support of the bill were
representatives of the General Accounting Office (GAO) and law
professor Peter Shane.
9. The Subcommittee.then concluded the hearings, but made
no announcements about When it might ''-miark:up".the bill.
Attachment
As stated
OCA/
Distribution:
Original - Addressees
1 - D/OCA
1 - DDL/OCA
1 -
1 OCA Records
1 - OCA/Leg/Subject:
1 PS Signer
1 - OCA Read
(4 August 1988)
Legislation General
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Opening Statement of Chairman Jack Brooks
Hearing on H.R. 5092 - Presidential Directives and
Records Accountability Act
Wednesday, August 3, 1988
SECRET PRESIDENTIAL DIRECTIVES -- ENTITLED NATIONAL SECURITY
DECISION DIRECTIVES, OR NSDDs -- ARE BEING USED TO PROMULGATE
NATIONAL POLICY. TO DATE, THE PRESIDENT HAS USED AT LEAST 296
NSDDs TO ACCOMPLISH SUCH GOALS AS APPROVING TRAINING FOR CONTRAS,
DIRECTING THE INVASION OF GRENADA AND ESTABLISHING A DISINFORMATION
CAMPAIGN AGAINST LIBYA. THE CONGRESS, HOWEVER, IS NEITHER INFORMED
OF NSDD POLICIES NOR, IN MANY INSTANCES, PERMITTED TO SEE THE
DIRECTIVES THEMSELVES. INSTEAD, NSDDs HAVE BEEN SECRETED IN A
STATUS OUTSIDE THE SCOPE OF CONGRESSIONAL REVIEW.
THE SUBCOMMITTEE HAS ENCOUNTERED THESE SECRET NSDDs
INCREASINGLY-IN THE CONDUCT OF ITS OVERSIGHT RESPONSIBILITIES_
LAST YEAR, THE SUBCOMMITTEE HELD HEARINGS REGARDING NSDD 145 --
DIRECTIVE WHICH ATTEMPTED TO PUT THE NATIONAL:SECURITY AGENCY -IN
CHARGE OF THE COMPUTER SECURITY--FOR THE ENTIRE FEDERAL GOVERNMENT
AND PARTS OF THE PRIVATE SECTOR. AT THAT HEARING, REPRESENTATIVE
BEILENSON, CHAIRMAN OF THE INTELLIGENCE COMMITTEE'S OVERSIGHT
SUBCOMMITTEE, TOLD US THAT THE INTELLIGENCE COMMITTEE DOES NOT
RECEIVE OR REVIEW NSDDs.
CONSEQUENTLY, I WROTE REQUESTING THAT THE GOVERNMENT
OPERATIONS COMMITTEE BE GIVEN COPIES OF ALL SUCH PRESIDENTIAL
DIRECTIVES. MY REQUEST WAS DENIED BY THE THEN NATIONAL SECURITY
ADVISOR. I RAISED THIS ISSUE WITH THE SPEAKER OF THE HOUSE, AND HE
WROTE LAST JULY DEMANDING TO SEE THESE DIRECTIVES.
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
2
IN A LETTER TO THEN NATIONAL SECURITY ADVISOR FRANK C.
CARLUCCI, DATED JULY 8, 198, THE SPEAKER SAID:
"THEREFORE, IN MY CAPACITY AS SPEAKER OF THE HOUSE OF
REPRESENTATIVES, I DEMAND TO SEE ALL NATIONAL SECURITY
DECISION DIRECTIVES ISSUED TO DATE AND RELATED IMPLEMENTING
DOCUMENTS AND TRUST THAT YOU WILL MAKE APPROPRIATE
'ARRANGEMENTS TO ASSURE?THAT-THIS IS ACCO'MPL'ISHED."'
HE FURTHER STATED:
"IT IS ESSENTIAL TO ESTABLISH A CONTINUING ARRANGEMENT TO
KEEP THE CONGRESSIONAL LEADERSHIP INFORMED ON FUTURE
DIRECTIVES OR POLICY DECISIONS OF THE SAME TYPE, MANY OF WHICH
HAVE THE EFFECT OF LAW WITHOUT ANY CONGRESSIONAL SANCTIONS.. .1
LOOK FORWARD TO HEARING FROM YOU PROMPTLY ON THIS ISSUE OF THE
HIGHEST NATIONAL INTEREST. ,SINCERELY, JIM WRIGHT, THE,.
SPEAKER."
ON AUGUST 7, 1987, MR. CARLUCCI REPLIED:
"WHILE IT IS NOT ALTOGETHER CLEAR WHAT LEGISLATIVE
PURPOSE YOU-FORESEE BEING SERVED BY SUCH ACCESS, YOUR REQUEST
IS BEING GIVEN THE MOST SERIOUS CONSIDERATION. WE EXPECT TO
BE ABLE TO RESPOND AT AN EARLY DATE." SIGNED FRANK C.
CARLUCCI.
TO DATE, THE SPEAKER HAS RECEIVED NO FURTHER REPLY TO HIS JULY
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05 : CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
I ASK UNANIMOUS CONSENT THAT THE FULL TEXT OF THESE TWO
LETTERS, ALONG WITH MY LETTER TO MR. CARLUCCI, DATED MARCH 31,
1987, AND HIS RESPONSES DATED, APRIL 30, 1987, AND MAY 15, 1987, BE
INCLUDED IN THE RECORD AT THE END OF MY OPENING STATEMENT.
THE USURPATION OF CONGRESSIONAL POWER THROUGH THE SECRET
-ISSUANCE-OF NSDDs UNDERMINES THAT-AUTHORITY,- LEAVING. CONGRESS?AND
THE NATION, IN THE DARK AS,TO.HOW OUR GOVERNMENT .IS BEING RUN..
THE MOBILIZATION. OF RESOURCES ANDTORMULATION.OF POLICY EFFECTED.
THROUGH THESE DIRECTIVES, WITHOUT CONGRESSIONAL OVERSIGHT, AMOUNTS'
TO NOTHING MORE THAN THE IMPOSITION OF SECRET LAW. AS SUCH, I
BELIEVE THE UNCHECKED USE OF NSDDs-POSES-A SERIOUS THREAT TO OUR.
REPUBLIC.
THE SUBCOMMITTEE IS MEETING TODAY TO REVIEW LEGISLATION WHICH
I INTRODUCED TO ADDRESS THIS PROBLEM. H.R. 5092. THE "PRESIDENTIAL
DIRECTIVES AND RECORDS ACCOUNTABILITY ACT," WOULD REQUIRE THE
REGISTRATION OF PRESIDENTIAL DIRECTIVES WITH THE OFFICE OF FEDERAL'
REGISTER AND THEIR DISCLOSURE TO THE SPEAKER OF THE HOUSE AND THE
PRESIDENT PRO TEM OF THE SENATE. PRESENTLY, EXECUTIVE ORDERS MUST
BE REGISTERED UNDER THE TERMS OF THE FEDERAL REGISTER ACT, BUT
DIRECTIVES ARE NQT COVERED; MY BILL WOULD EXTEND THE COVERAGE OF
THE FEDERAL REGISTER ACT TO ALL PRESIDENTIAL DIRECTIVES.
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
4
IN ADDITION, TO STRENGTHEN ACCOUNTABILITY, IT WOULD REQUIRE
THAT OFFICERS AND EMPLOYEES OF THE EXECUTIVE OFFICE OF THE
PRESIDENT SIGN A NOTICE OF THEIR OBLIGATIONS AND REQUIREMENTS
CONCERNING THE CONTROL, MANAGEMENT AND PRESERVATION OF
PRESIDENTIAL RECORDS. FURTHERMORE, H.R. 5092 ESTABLISHES AN OFFICE
OF RECORDS MANAGEMENT WITHIN THE EXECUTIVE OFFICE OF THE PRESIDENT
TO SECURE COMPLIANCE WITH STATUTORY REQUIREMENTS GOVERNING
PRESIDENTIAL RECORDS?AND TO OTHERWISE PROMOTE GOOD RECORDS -
MANAGEMENT PRACTICES. FINALLY, THE ARCHIVIST IS EXPLICITLY GIVEN
FINAL AUTHORITY WITHIN,THE EXECUTIVE BRANCH TO DETERMINE WHAT
CONSTITUTES A PRESIDENTIAL RECORD.
IT IS IMPORTANT THAT THE CONGRESS ADDRESS THIS PROBLEM AND
SEEK SOME RESOLUTION 'SO THAT A NEW ADMINISTRATION TAKING OFFICE IN
JANUARY OF NEXT YEAR WILL BE PREVENTED FROM SUCCUMBING TO THE
TEMPTATION-OF CONDUCTING ITS-ACTIVITIES THROUGH THESE OR SIMILAR,
'BUT ARTFULLY RENAMED, SUPER-SECRET DIRECTIVES. ''THIS PRACTICE IS
-'SIMPLY,INCOMPATIBLE,WITH OUR CONSTITUTIONAL,FORM:OF GOVERNMENT._
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
? Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
ebt *mites Rooms
21.a. Foust of ittprettntatibto
riasifington. INC 20515
July 8, 1987
The Honorable Frank C. Carlucci
Assistant to the President for
National Security Affairs
National Security Council
Washington, D.C. 20506
Dear Mr. Carlucci:
Recent disclosures in the, press and my review of -
correspondence between you and Jack Brooks, Chairman of the
Committee on Government Operationt of the United States House of
Representatives, compel me to communicate With you on a matter of
the most paramount importance to our constitutional form of
government. As Speaker of the House of Representatives I have a
responsibility to do everything in my power to ensure that all
powers under Article I of the Constitution be, and continue to be,
vested in the Congress. The separation of powers doctrine so firmly
embedded in the Constitution requires not only that each branch of
government recognize and_respect the prerogatives and functions
entrusted to another, but also that each exchange the information
necessary to govern wisely and to govern well.
In a letter to you on Match 31, 1987, Chairman Brooks
requested that you furnish to the Subcommittee on Legislation and
National Security specific information on all National Security
Decision Directives (NSDDs) issued by the present administration
since 1981. Your response of May 15, 1987 denied that request iri
characterizing it as unprecedented, overbroad, and objectionable on
legal and constitutional grounds. I appreciate, along with Chairman
Brooks, your offer to explore the possibility of some reasonable
alternative arrangements for disclosure, but cannot accept the
position that the National Security Council alone should decide
which of these documents are "properly" a matter of concern to
committees of the Congress or to its elected leaders.
A review of the NSDDs which have been declassified so far
indicates that they set forth and implement national policy in the
most sensitive areas, over the widest range, and at the highest
level of government. Of the few NSDDs made public, at least some
hal,e delegated executive authority where both the authority and its
delegation have -been questionable to the public and to Members of
Congress who are charged with formulating and overseeing the laws of
the United States. NSDD196, for example, ordered thousands of
federal employees to take polygraph examinations and, when
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05 : CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
disclosed, engendered specific congressional legislation on the
subject. In appropriate cases, decisions such as these must be the
subject of congressional scrutiny. Congress cannot react
responsibly to new dictates for nationalpolicy set in 'operation by
the executive branch behind closed doors, or request specific
documents relative to its deliberations whose subject matter, let
alone content, is known only to a few in the executive branch.
Those of us with special responsibility for the government of the
United States and the freedom and safety of its people cannot allow
ourselves to be uninformed concerning the actions which one branch
of this government intends'unilateraly to take with respect to the
functioning of domestic government either routinely or in the event
of national emergency.
Therefore,,. in my capacity as Speaker of the House of
Representatives I demand to see all National Security Decision
Directives issued to date and related implementing .documents, and
trust that you will make appropriate arrangements to ensure that
this is accomplished.
.1 am particularly'. concerned about recent press accounts
(Miami. Herald, July 5, 1987-and Philadelphia Inquirer, 'July 5, 1987)
describing alleged -plans within the executive branch'to suspend-the. ?
Constitution and declare martial law, not only in cases of war but
also in the event of widespread internal dissent or national
opposition. to some U.S. military invasion abroad. That such
documents should exist is extraordinary; that they should not have
been shared with the leadership of Congress is simply unacceptable.
Please advise me as soon as possible (1) whether such plans exist;
and (2) whether they are contained in an NSSD. I wish to see such
plans if they exist in any form. ?
? It is essential to establish a continuing.arrangement,to -
keep the congressional leadership informed on.future -directives-or
policy decisions of the sametype, many of which have the effect of
law without_any congressional sanctions. I would be willing to-
arrange sessions with the bipartisan House Leadership - consisting
of myself, Majority Leader Tom Foley, Majority Whip Tony. Coelho,7,
Minority LeaderBob Michel, and Minority Whip Trent Lott - to review
,the directives as they are issued, with yourself or a
representative. Such an arrangement would provide a.proper forum to
determine whether any committee of the House of Representatives
should be advised as to the subject matter of a directive, and if so
under what conditions.
I look forward to hearing from you promptly on this issue of
the highest national interest.
Sincerely,
Jim Wright
The Speaker
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
THE WHITE HOUSE
WASHINGTON
August 7, 1987
Dear Mr. Speaker:
This is to ackndwledge your letter of July 8, 1987, in which you
request the opportunity to see all National Security Decision
-Directives (NSDDs) signed_by_the President since 1981, as well as
"related implementing documents."
As you know, I have recently corresponded with Chairman Jack
Brooks concerning .his request for a listing of NSDDs, and that
request has been the subject of ongoing discussions between our
staffs. Your request for access to the NSDDs themselves raises
fundamental issues involving the relationship of the President
and Congress and the nature of their respective constitutional
roles and prerogatives in the conduct of national defense and
foreign relations. While it is not altogether clear what
legislative purpose you foresee being served by such access, your
request is being given the most serious consideration. We expect
to be able to respond at-an?early date. .
On aoseparate matter, your letter expresses particular concern_
about recent press accounts: "describing alleged plans within the.
Executive Branch.to.suspend the Constitution and declare martial
law, not only in cases of war but also: in the event of widespread
internal dissent or national opposition to some U.S. military_
invasion abroad." You have asked (1) Whether such plans exist,
(2) whether they are contained in an NSSD (or an NSDD), and (3)
for an opportunity to see such plans if they exist in any form.
I appreciate your concern at these reports. As you may know,
such plans were alleged in the press reports to have been
prepared by Lieutenant Colonel Oliver North during 1982. Colonel
North has denied under oath the preparation of any such plans. I
assure you categorically, moreover, that no such plans have been
approved by or proposed to the President. They do not exist in
any NSDD or any other form. The Executive Branch does have a
responsibility for contingency planning to maintain law and order
in time of extreme national emergency, such as nuclear attack. ?
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
2
As contained in guidelines dated from as far back as the
administration of President Eisenhower, such contingency planning
has been and continues to be?designed to ensure the preservation
of the Constitution, the maintenance of civilian rule, and the
continued functioning of the three'Branches of our government.
Planning on any other basis is simply unthinkable.
Sincerely,
?
Frank C. Carlucci
The Honorable James C. Wright, Jr.
Speaker of the House of Representatives
Washington, D.C. 20515
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
IA! 411WW.12 /TVA* [1.1aRIMAId MOM- mcwrom. NIW YORk'
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9 SYWANIA
PV44141.MIALMWM4M454.044 MMUALLAMPOLOW
WWMYMMICWWW.1.641MM
mnimmtwaLwLwalmvimmu,
nicummotatAmmA ONE HUNDREDTH CONGRESS _ 12021 226.5147
0INALD 0. (1.5=0... WISCONSIN
Congress of the United eStats
ouse of Ittprtscritatioes
LEGISLATION AND NATIONAL SECURITY SUBCOMMITTEE
OP THE
COMMITTEE ON GOVERNMENT OPERATIONS
RAYBURN HOUSE OFFICE BUILDING. ROOM 8-373
WASHINGTON. OC 20515
March 31, 1987
The Honorable Frank C. Carlucci
Assistant to the President for
National Security Affairs
National Security Council
Washington, D.C. 20506
Dear Mr. Carlucci:
Since the Reagan Administration took officein 1981, a number of wide-
ranging policy initiatives have apparently been undertaken through the issuance
of highly secret National Security Decision Directives (NSDDs). It is my
understanding that the content of these directives is rarely made available even
to Congressional committees that request them. Indeed, the very existence of
numerous directives is generally not made known. Congressman Anthony Beilenson
recently testified before my subcommittee that the House Permanent Select
Committee on Intelligence does not receive copies of NSDDs and that the
committee's requests for such documents have been refused.
Information developed by 'various sources suggests that at least 260
directives have been issued over the past .six years. However, the, subject matter
and text of only a few of these is known, These' include: NSDD 84, dealing with
polygraphs and pre-publication censorship; NSDD145, concerning computer security
standards; NSDD 259, outlining protection plans for public officials in the event
of a nuclear attack; and a decision directive, the text of which was Submitted
to the Congress by the President on March 31, implementing the Special Review
Board's recommendations regarding operations of the National Security Council.
There have also been unverified reports of NSDDs being used for such activities.
as establishing counterterrorism units headed by private citizens and training of
Contras by foreign nations.
Implementation of policy decisions through the issuance of undisclosed
directives poses a 'significant threat to Congress' ability to discharge its
legislative and oversight responsibilities under the Constitution. Operational
activities undertaken beyond the purview of the Congress foster a grave risk of
the creation of an unaccountable shadow government--a development that would be
inconsistent with the principlPs underlying (Diu. republic.
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
The_Honorable Frank C. Carlucci
Page Two
March 31, 1987
In an effort to determine how NSDDs have been used to establish and carry
out undisclosed national security policies, the Legislation and National Security
Subcommittee would appreciate your providing the following information with
regard to all NSDDs:
1. The subject matter and a brief description of each.
2. The dates of issuance and, where appropriate, the date of
expiration or rescission.
The level of classification-of-each. ?
? The names and-titles of persons to whom each of the..
directives has been made known. .
A description of.any follow-on documents produced as a result of
an NSDD (such as NTSSP2 in the case of NSDD 145).
To expedite the work of the subcommittee, please provide the requested
material by April 30, 1987. Thank you in advance for your cooperation in this
matter.
With every good wish, I am
Sincerely,
J k Brooks
Chairman
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
? Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
THE WHITE HOUSE
WA=!NGT'ON
April 30, 1987 ?
Dear Mr. Chairman:
Thank you for your letter of March 31 requesting that I provide
by April 30 certain information on all National Security Decision
Directives issued by the President.
Historically, as President Kennedy advised the Chairman of the
Senate Armed Services Committeein-19624- "the unbroken-precedent"-
of the NSC had been "that its working, papers and policy documents
cannot, be furnished to the Congress." It has been the. practice
of this Administration, however, when specifically requested by
the Chairman of a House or Senate Committee on. a matter directly
within the Committee's. jurisdiction, to provide briefings on the
contents of a National Security Decision Directive or, in an
appropriate case, to provide controlled access to an NSDD itself.
This has proved to be a satisfactory means to accommodate the
legitimate interests and requirements of the two Branches. It is
also consistent with the President's policy to comply with
congressional requests for information to the fullest extent
consistent with constitutional and statutory obligations.
Your present request, however, concerns all Presidential
directives on matters of national security from 1981. to date,
involves the broadest possible range of classified subjects, and
is. without precedent. We expect to be able to advise you of our
final determination by May 15, 1987.
With best wishes,
_Sincerely,
Frank C. Carlucci
The Honorable Jack Brooks
Chairman, House Government
Operations Committee
United State Fonse of 'RepresPrtai7ivec
Washington, D.C. 20515
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
THE WHITE HOUE
May 15,. 1987
Dear Mr. Chairman:
As promised in my letter to you of April 30, I have considered
further your request for a listing of and various other informa-
tion on all National Security Decision Directives (NSDDs) issued
----by-the President since 1981. That request is without precedent,
so far as I am aware, and accordingly has necessitated a careful
review of prior National Security Council (NSC) practice regard-
ing congressional access to dodUments Of this sort. -It also has
occasioned a thorough review .of the legal authorities that would
govern application of the doctrine of Executive privilege to the
specific information you'request.
NSDDs have-served-as-a primary means, throughout thePresident's_
term in office, for the communication of guidance directly from
the President to the most senior Executive branch officials,
notably the Vice President, Secretary of State, Secretary of
Defense-, Director of Central Intelligence, and Chairman of the
Joint Chiefs of Staff. NSDDs are signed by the President and
address matters of critical importance in the field of national
defense and foreign relations. These have included, among
others, subjects of such-sensitivityas nuclear weapons,..
strategic forces, and ongoing arms control negotiations.
In view of their subject matter, NSDDs typically are classified_
up to the Top Secret/Special Access level; accordingly,, they are .
Isubject to restricted distribution on a need-to-know or must-know
basis. As nationalsecurity considerations have permitted,-
however, the texts Of numerous NSDDs have been,detlasSified; And
in some cases, unclassified-summaries of NSDDs have been made'
available through the White House Press Office. I enclose a
listing of those NSDDs the texts or summaries of which have been
made available to the public. The NSC would be pleased to
provide you copies of any that may be of interest. Classifi-
cation, restrictions On access, and declassification of NSDDs
have been determined in accordance with applicable law. See
generally Executive Order No. 12356 (April 1, 1982).
Depending upon the subject matter, implementation by responsible
Executive branch officials of the guidance contained in an NSDD
may entail preparation of numerous follow-on documents designed
to provide more detailed instructions for implementation or
execution of presidonticaly approved policy. Neither I nnr the
NSC staff have responsibility for' suchimplementation or
execution except in the rarest circumstances when the President
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
. Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
2
specifically so directs. This principle was reiterated in the
NSDD the text of which was provided to Congress with the Presi-
dent's Message of March 31, 1987.
My review of those matters addressed by the President in NSDDs
makes it clear that in no case have they thereby been exempt from
appropriate congressional oversight. Current NSC practice, as
described in my earlier letter, in fact is designed to ensure the
House Committee on Government Operations and other committees of
Congress can be informed on NSDDs that bear on matters properly
before them. Such was the case, as you know, with respect to the
Computer Security Act of 1987. I am committed to seeing it is
also the case in other particular matters before your Committee.
I trust this information is responsive to your request and will -
be of assistance. At .the same time, I am satisfied that your
request for additional classified information on NSDDs -- a
?
listing by dates, subject matter, addressees, classification
levels, and related documents is overbroad and objectionable
on legal and constitutional-grounds.
Since Washington's day, our law has recognized the privilege of
the Executive to decline to provide information to the Congress
on the basis of national security or foreign policy considera-
tions, when disclosure would be inconsistent with the President's
performance of his constitutional duties and hence contrary to
the public interest. The President's policy has been to comply
with Congressional requests for information to the fullest
extent, consistent with those duties. The current request is of
so intrusive a nature, however, that were it to be pressed
would have no choice but to recommend that the President consider
invoking Executive privilege. My staff nonetheless would be
pleased to-meet with your office to elaborate on these concerns,
and also to explore the possibility of some reasonable alterna-
tive arrangements that might satisfy your interest in this area.
Sincerely,
*Frank C. Carlucci
Attachment
List of Unclassified NSDDs/Summaries
The Honorable Jack Brooks
Chairman, Hc-se Government
Operations Committee
United States House of Representatives
Washington, D.C. 20515
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
List of Unclassified National Security Decision Directives
FULL TEXT
Title -Date Issued
National Security Council Directives 02/25/81
National Security Council Structure 01/12/82
Conventional Arms Transfer Policy 07/08/81
Space_Transportation System no date
Preparations for the Economic and 02/12/82
NATO Summits
U.S. Civil Defense Policy 03/16/82
Staffing at Diplomatic Missions and 06/02/82
Their Constituent Posts
Emergency Mobilization Preparedness 07/22/82
Preparations for the 1983 Summit 10/09/82
Management of Public_Diplomacy Relative ? 01/14/83
to National Security
Shuttle Orbiter Production Capability 02/03/83
Safeguarding National Security. Information 03/11/83
Eliminating the Threat from'Ballistic 03/25/83
Missiles
The Export Administration Act 04/05/83
United States Arctic Policy 04/14/83
Refugee Policy and-Processing Refugees 05/13/83
from Indochina
Commercialization of Expendable Launch 05/16/83
Vehicles
NPrion=1 SPrAirity TP16tromnunications 08/ui/83
Policy
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
2
(List of Unclassified NSDDs continued) (FULL TEXT)
Title -- Date Issued
National Security Launch Strategy 02/25/85
Food for Progress Program Implementation 04/30/85
Establishment of a Blue Ribbon Commission 06/17/85
on Defense Management
National Policyon the Transfer of
Scientific, Technical and Engineering
Information
09/21/85
Reporting Hostile .Contacts and Security 11/01/85 .
Awareness'
Civil Defense
Implementation of the Recommendations of
the President's Special Review Board
02/07/87
03/31/87
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
List of Unclassified National Security Decision Directives
PARTIAL TEXT
.Title Date Issued
U.S. Non-Proliferation and Peaceful 07/16/81
Nuclear Cooperation Policy
Strategic Forces Modernization Program
NuclearAieapoms Employment policy.
Protection of Classified NSC and
Intelligence Information
Designation of Intelligence-Officials
Authorized to Request FBI Collection
of Foreign Intelligence
U.S. Civil Defense Policy
Nuclear Force Structure
U.S. Response-to-Soviet-Destruction--
of KAL Airliner
National Policy on Telecommunications
and Automated Information Systems
Security
sU.S. Third World. Food Aid: A, "Food
for Progress" Program
10/01/81
no date
01/12/8Z
01/29/82_
02/03/82
11/18/82
-09/05/83
09/17/84
01/05/85
Task Force on Combatting Terrorism 07/20/85
Counterintelligence/Countermeasure 11/01/85
Implementation Task Force
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Fact Sheets and/or Press Releases on National Security Decision Directives
Title
Press Release - Cancellation of
Certain Presidential Directives from
Carter Administration
Speech given by William P. Clark on
National Security Strategy
Fact Sheet - National Space Policy
Press Statement - Creation of
Economic Policy and Domestic Policy
Council
Fact Sheet Space Assistance and
Cooperation Policy
Fact Sheet - Strategic Defense
Initiative (SDI)
Press Release - Acts of Terrorism
Fact Sheet - Food Aid Initiative
Fact Sheet - National Space Strateg).?
Press Release - The President's
Unclassified Report to the Congress on
Soviet Noncompliance with Arms Control
Agreements as Required by the FY85
Defense Authorization Act
Fact Sheet
Strategy
Fact Sheet
Initiative
- National Security Launch
- The Strategic Defense
- fact-Sheet---Buliding an Interim
Framework for Mutual Restraint
Press Release - National Defense
Stockpile Policy
Fact Sheet - Shuttle Pricing for Foreign
and.Commercial Users
Date Released
. 01/12/82
05/21/82
04/11/85 .
04/11/85
01/16/87'
03/23/83
04/17/84
07/10/84
08/15/84
02/01/85
no date
06/01/85
06/10/85
07/08/85
08/01/85
Declassified in Part- Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
? ?
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
2
(List of Fact Sheets and/or Press Releases continued) '
Title Date Released
Press Release - President's Unclas-
sified Report on Soviet Noncompliance
with Arms Control Agreements
12/23/85
Fact Sheet - Executive Order on Libya 01/07/86_
Fact Sheet --Summary .of a Directive
Implementing the Recommendations of
the Blue Ribbon Commission on Defense
Management
.Fact Sheet - Narcotics and.NatiOnil
Security
04/02186
04/08/86.
Fact Sheet - Interim Restraint Policy: 05/27/86
Responding to Soviet Arms Control'
Violations
?
Fact Sheet - United States Space 12/27/86
Launch Strategy
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
" Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
STATEMENT
OF,
THE HONORABLE LEE H. HAMILTON
AUGUST 3, 1988
SUBCOMMITTEE ON LEGISLATION AND NATIONAL SECURITY
-COMNITTEEON GOVERNMENT OPERATIONS
Mr. Chairman, Members of the Committee. I appreciate the opportunity
to appear here today to discuss legislation to require the registration of
National Security Decision Directives (NSDDs).
I support H. R. 5092 and urge its enactment. It provides for
important record and bookkeeping of Presidential documents. It sets out
reasonable procedures for registering crucial foreign policy decisions made
in secret and for enhancing Congressional oversight. It does so:
-- without any radical changes to current policy,
-- without revealing information which must, for national
security reasons, be kept secret, and
without restricting the President's ability to make
decisions or to carry out his constitutional
responsibilities.
This bill would require three principal changes:
First, it would mandate that NSDDs be registered under the provisions
of the Federal Register Act and that a copy of each directive be provided
to the Speaker of the House and to the President pro tem of the Senate;
Second, it would require that officers and employees of the Executive
Office of the President sign a notice of their obligations and requirements
concerning the control, management and preservation of Presidential
records; and
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Third, it would establish an office of records management within the
Executive Office of the President to secure compliance with statutory
requirements governing Presidential records.
In my view, the registration of NSDDs and the requirement that they be
provided to Congress are important reforms. This legislation is needed to
protect against careless handling of Presidential documents. The
Iran/Contra investigation showed that Presidential documents were not
carefully handled. Some were even destroyed. The investigation revealed a
surprising lack of care for key Presidential papers.
NSDDs have increased in number, scope, importance, and authority.?
They were originally position papers, but in recent years these directives
have been used to initiate and determine policy. As of January 1, 1988,
President Reagan had issued nearly 300- NSDDs. These important policy
documents are beyond the reach of congressional oversight.
Executive branch officials argue that NSDDs involve policy
implementation, not policy-making. Often, that is true. But these
directives are sometimes significant foreign policy documents that define
important policies and establish guidelines. They deserve careful handling
and Congressional-icrutiny.
The use of secret NSDDs to create policy infringes on Congress's
constitutional prerogatives by inhibiting effective oversight and limiting
Congress's role in policy-making. NSDDs are revealed to Congress only
under irregular, arbitrary or accidental circumstances, if at all. Even
the Intelligence Committees do not usually receive copies of NSDDs.
The widespread use of these directives can alter the tenuous balance
of power between the Congress and the President. The secrecy and
uncertain legality of NSDDs give the President extraordinary power_to
formulate or alter policy without the knowledge of Congress. The President
can amend current NSDDs at will. If Congress cedes to the President the
right to withhold information from it, the balance of decision-making power
shifts dramatically toward the President.
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
In addition to the constitutional reasons, sound, practical reasons
require the President to inform Congress of NSDDs. The inclusion of
Congressional leadership, the intelligence committees, or some other
bipartisan Congressional group would allow for thorough discussion and
divergent advice on many important foreign policy decisions.
I support H.R. 5092 for several reasons:
First, it addresses the growing use of National Security Decision
Directives as important statements of administration policy;
Second, it is an important first step in trying to obtain better
accountability of important foreign policy decisions; and
Third, it will help insure that secret decisions are registered and
appropriately disclosed to Congress along with other documents of public
policy.
Finally, this bill, if enacted, promotes openness in government,
reversing a trend toward greater secrecy in Presidential decision making.
Such secrecy promotes undemocratic policy-making, defeats the checks and
balances in our system, and prevents accountability. I realize that even
if NSDDs are registered, this or the next administration may devise another
method to bypass disclosure of information. But whenever Congress is
confronted with a procedure which excludes it from policy-making, it must
act to ensure its ability to carry out its constitutional responsibilities.
Congress's authority under the Constitution should not be subverted by
a secret process. The Congress cannot accept the notion that some
important foreign policy decisions can be known only by certain unelected
officials in the President's Office.
NSDDs can have profound effects on our security interests. The
President must be accountable for them. This legislation is a first step
towards greater accountability. Additional steps may be necessary in the
future.
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Mr. Chairman, Secrecy is of course sometimes necessary in government.
But denying Congress knowledge of key foreign policy decisions is neither
necessary nor desirable. With its requirements for registering and
reporting NSDDs to Congress, H.R. 5092 represents a modest but important
response to excessive secrecy in government. -
Thank you.
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
TESTIMONY OF THE HONORABLE LOUIS STOKES
SUBCOMMITTEE ON LEGISLATION AND NATIONAL SECURITY
COMMITTEE ON GOVERNMENT OPERATIONS
AUGUST 3, 1988
GOOD MORNING, MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE,
AND THANK YOU FOR THE OPPORTUNITY TO APPEAR BEFORE YOU IN
SUPPORT OF H.R.5092, TkE.PRESIDENTIAL DIRECTIVES. AND,RECORDS
ACCOUNTABILITY ACT.
I WILL CONFINE MY REMARKS TO SECTION 2 OF THE BILL WHICH
WOULD REQUIRE THAT ALL "EXECUTIVE DIRECTIVES" ISSUED BY THE
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
- Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
-2-
PRESIDENT BE FILED WITH THE OFFICE OF THE FEDERAL REGISTER AND
IMMEDIATELY PROVIDED TO THE APPROPRIATE COMMITTEES OF THE HOUSE
AND SENATE. I AM INTERESTED IN THIS LEGISLATION BECAUSE IT
WOULD REQUIRE FOR THE FIRST TIME THAT SO-CALLED RATIONAL
SECURITY DECISION DIRECTIVES BE PROVIDED TO CONGRESS.
AS I UNDERSTAND IT, MR. CHAIRMAN, EACH PRESIDENT
PROMULGATES A NUMBER OF CLASSIFIED DIRECTIVES DURING HIS
ADMINISTRATION, WHICH HAVE BEEN-VARIOUSLY TERMED PRESIDENTIAL
DIRECTIVES (PDs), RATIONAL SECURITY DECISION MEMORANDA (NSDMs),
NATIONAL SECURITY DECISION DIRECTIVES (NSDDs), ETC. THE
ESSENCE OF THESE DOCUMENTS IS THAT THEY REPRESENT POLICY
PRONOUNCEMENTS AND INSTRUCTIONS TO EXECUTIVE BRANCH OFFICIALS
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
ON HOW TO IMPLEMENT VARIOUS POLICY DECISIONS IN: THE NATIONAL
SECURITY ARENA. THESE DOCUMENTS ARE CLOSELY HELD WITHIN THE .
EXECUTIVE BRANCH AND THEY ARE NOT ROUTINELY PROVIDED TO
CONGRESS.
IT HAS BEEN THE EXPERIENCE OF THE PERMANENT SELECT
COMMITTEE ON INTELLIGENCE THAT WE RARELY-ARE AWARE OF THE
EXISTENCE OF SPECIFIC NSDDS. SELECTED DOCUMENTS OF THIS
CATEGORY HAVE ON OCCASION BEEN MADE AVAILABLE FOR REVIEW AT THE
WHITE HOUSE WHEN WE HAVE HEARD OF THEM AND ASKED ABOUT THEM,
BUT SUCCESSIVE ADMINISTRATIONS HAVE SOUGHT TO WITHHOLD OTHERS
OR TO DENY ROUTINE ACCESS TO THEM ON THE GROUNDS THAT THEY ARE
PRESIDENTIAL DOCUMENTS - WHATEVER THAT MEANS. ALTHOUGH THERE
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
' Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
-4-
RAVE NOT BEEN MANY COMMUNICATIONS BETWEEN THE PERMANENT SELECT.
COMMITTEE ON INTELLIGENCE AND THIS ADMINISTRATION ON THE
SUBJECT, IT ISJIY IMPRESSION, BASED ON WHAT WE DO KNOW, THAT
OFFICIALS OF THE.NATIONAL SECURITY COUNCIL AND OTHER OFFICIALS,
OF THE PRESIDENT'S STAFF CONSIDER THEM TO BE COVERED BY THE
DOCTRINE OF EXECUTIVE PRIVILEGE.
WHILE IT IS NOT MY PURPOSE TO EITHER DEFINE OR DEBATE WHAT
-THAT DOCTRINE MAY ENCOMPASS, I HAVE ALWAYS UNDERSTOOD THAT
EXECUTIVE PRIVILEGE HAS BEEN ASSERTED MOST OFTEN TO COVER
ADVICE RECEIVED BY THE PRESIDENT FROM HIS SUBORDINATES AND THE
DETAILS OF INTERNAL EXECUTIVE BRANCH CONSIDERATION OF POLICY
OPTIONS. I HAVE RARELY HEARD IT SERIOUSLY ADVANCED AS COVERING
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
-5---
DIRECTIVES FROM THE PRESIDENT SETTING FORTH POLICY AND
INSTRUCTLNG EXECUTIVE'BRANCH OFFICIALS ON HOW TO IMPLEMENT THAT
POLICY. .THAT IS WHY I BELIEVE THAT, INSOFAR AS THIS
LEGISLATION TOUCHES ON NSDDs OR THEIR LIKE, IT IS AN IMPORTANT
STEP FORWARD IN EXECUTIVE BRANCH ACCOUNTABILITY TO CONGRESS FOR
NATIONAL SECURITY POLICY DECISIONS.
? UNDER THE CONSTITUTIONS CONGRESS SHARES AUTHORITY WITH THE
PRESIDENT IN THE MAKING OF FOREIGN POLICY. AS A PRACTICAL
MATTER, 535 MEMBERS OF CONGRESS CANNOT AGREE ON EVERY DECISION
MADE BY A PRESIDENT'. THAT IS WHY WE HAVE A CHIEF EXECUTIVE WHO
MUST MAKE MOST DECISIONS AND WHO MUST CARRY THEM OUT. BUT, THE
PRESIDENT'S RESPONSIBILITY DOES INCLUDE KEEPING CONGRESS
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
-6-
INFORMED OF WHAT HE IS DOING. IT INCLUDES LISTENING TO THE
ADVICE HE MAY RECIEVE FROM CONGRESS FROM TIME TO TIME. HIS
POWER TO ACT CAN BE CIRCUMSCRIBED BY STATUTE AND BY THE
AVAILABILITY OF FUNDS. AS A PRACTICAL MATTER, IT CAN ALSO BE
CIRCUMSCRIBED BY THE LACK OF.PUBLIC SUPPORT FOR HIS DECISIONS.
FOR ALL THESE REASONS, CONGRESS MUST BE APPRISED OF WHAT A
PRESIDENT IS DOING, EVEN IN THE CASE OF SENSITIVE NATIONAL
SECURITY MATTERS.
FURTHER, WHAT WE DO KNOW OF NSDDs SUGGEST THEY SHOULD BE OF
DIRECT CONCERN TO CONGRESS. THEY MAY SET MAJOR POLICY
DECISIONS. AS INSTRUCTIONS GIVEN TO EXECUTIVE BRANCH OFFICIALS
WHO ARE TO IMPLEMENT THEM, THEY ARE SOMETIMES THE ONLY RECORD
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
-7-
OF SECRET POLICY AND SOMETIMES ARE A SIGNIFICANT CHECK ON THE
AUTHORITY OF INDIVIDUAL EXECUTIVE BRANCH OFFICIALS.
FINALLY, THEY_REPRESENT INFORMATION WHICH CONGRESS SIMPLY
MUST HAVE IN THE AREA OF NATIONAL SECURITY IF IT IS TO HAVE A
RATIONAL SECURITY ROLE. IS THE SECRET POLICY OF THE UNITED
STATES THE SAME AS THE PUBLIC POLICY OF THE UNITED STATES?
AND, EXA-CTLY WHAT IS THE POLICY OF THE UNITED STATES WITH -
RESPECT TO VERY SENSITIVE MATTERS SUCH AS TERRORISM,
PARAMILITARY COVERT ACTIONS, ETC.?
WHAT I THINK THESE QUESTIONS AND OUR GENERAL UNDERSTANDING
OF NSDDs TELL US IS THAT THEY ARE SIGNIFICANT DOCUMENTS AND
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
40
-8-
ONES WHICH CONGRESS SHOULD REGULARLY REVIEW IN ITS OVERSIGHT
OF RATIONAL SECURITY ACTIVITY. NOW, IT CAN BE SAID AND OUGHT
TO BE SAID THAT SOME NSDDs WILL BE VERY SENSITIVE. THAT IS WHY
I THINK IT IS FULLY APPROPRIATE THAT H.R. 5092 REQUIRES THAT
THE RULES AND THE PROCEDURES OF EACH HOUSE FOR THE PROTECTION?
OF SENSITIVE INFORMATION APPLY IN ANY TRANSMISSION AND
RETENTION BY COMMITTEES OF CONGRESS OF-CLASSIFIED NSDDs.
I ALSO AGREE WITH THE PROVISION OF SUBSECTION 2(A) WHICH
EXCLUDES FROM THE DEFINITION OF "EXECUTIVE DIRECTIVE"
PRESIDENTIAL FINDINGS UNDER THE HUGHES-RYAN AMENDMENT.
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
-9-
MR. CHAIRMAN, I HAVE ONLY TWO SUGGESTIONS WITH RESPECT TO
SECTION 2 OF THE_BILL. THE FIRST IS MORE BY WAY OF A
QUESTION. DOES SUBSECTION 2(3)(1) TAKE APPROPRIATE PRECAUTIONS
FOR THE PROTECTION OF SENSITIVE NSDDs THAT MUST BE PROVIDED TO
THE OFFICE OF THE FEDERAL REGISTER? WOULD IT NOT BE MORE
APPROPRIATE TO REQUIRE THE RETENTION OF CERTIFIED COPIES OF
THESE DOCUMENTS BY AN INDEPENDENT EXECUTIVE BRANCH OFFICIAL
WITHIN THE RATIONAL SECURITY-ESTABLISHMENT OF THE GOVERNMENT
UNTIL SUCH TIME AS THEY WOULD BE ORDINARILY PROVIDED TO THE
ARCHIVES?
MY SECOND POINT IS ONLY TO REEMPHASIZE AN EARLIER COMMENT.
I BELIEVE THAT IT MAY BE POSSIBLE TO IMPROVE UPON THE LANGUAGE
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
-10-
IN SUBSECTION 2(B)(2) IN ORDER TO MORE CLEARLY SET FORTH
PROTECTIONS FOR NSDDs PROVIDED TO CONGRESS, POSSIBLY INCLUDING
A PROVISION WHICH PERMITS THE TRANSMISSION DIRECTLY TO
COMMITTEES OF JURISDICTION AND OF ONLY THOSE PARTS OF AN NSDD
RELATING ?TO EACH COMMITTEE'S SPECIFIC JURISDICTIONAL INTEREST.
I HAVE BEEN TOLD, FOR INSTANCE, THAT SOME NSDDs MAY COVER A
RANGE OF TOPICS WHICH, UNDER OUR SYSTEM, WOULD RESULT IN
REFERRALS OF THE SAME DOCUMENT TO A NUMBER OF COMMITTEES. YET,
THE MATERIAL IN SUCH DOCUMENTS COULD BE SEGREGATED DEPENDING ON
THE JURISDICTION OF THE COMMITTEES INVOLVED SO THAT ONLY THOSE
MATTERS WOULD BE PROVIDED TO A PARTICULAR COMMITTEE WHICH DEALT
WITH ITS JURISDICTIONAL CONCERN.
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
-11-
MR. CHAIRMAN, IN CLOSING I WOULD LIKE TO EXPRESS MY
SUPPORT FOR THE EFFORT YOU HAVE LAUNCHED WITH H.R. 5092. IT IS
MY HOPE THAT IN YOUR HEARINGS YOU WILL HEAR FROM THE EXECUTIVE
BRANCH A BETTER EXPLANATION THAN I MYSELF HAVE HEARD OVER THE
PAST SEVERAL YEARS AS TO WHY NSDDs OR SIMILAR DOCUMENTS ARE NOT
ROUTINELY PROVIDED TO CONGRESS UNDER APPROPRIATE SECURITY
CONDITIONS. I DO NOT UNDERSTAND THE APPROACH WHICH DENIES THEM
TO CONGRESS ON THE BASIS OF SOME RESERVATION OF EXECUTIVE
AUTHORITY. INSOFAR AS THESE DOCUMENTS SET THE POLICY OF THE
UNITED STATES GOVERNMENT AND PROVIDE DIRECTION TO EXECUTIVE
BRANCH OFFICIALS, I BELIEVE IT IS FULLY APPROPRIATE THAT
CONGRESS REVIEW THEM.
i_ Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
? Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9
4r'
-12-
MR. CHAIRMAN, I THANK YOU FOR THE OPPORTUNITY TO TESTIFY
BEFORE THE SUBCOMMITTEE AND I AM AVAILABLE TO ANSWER ANY
QUESTIONS.
Declassified in Part - Sanitized Copy Approved for Release 2013/08/05: CIA-RDP90M00005R001400010048-9