MEETING WITH CHAIRMAN HEBERT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000500400013-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 14
• Document Creation Date: December 15, 2016
• Document Release Date: November 17, 2003
• Sequence Number: 13
• Publication Date: July 13, 1973
• Content Type: MF

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13 July 1973
MEMORANDUM FOR: Mr. Colby
SUBJECT: Meeting with Chairman Hebert
1. Attached are copies of the. Proxmire (S. 1935) and Harrington
(H. R. 8592) bills, texts of which are identical, together with brief
comments thereon.
2. We understand Harrington plans to reintroduce his bill in an
effort to get additional sponsors. If so, this might be an opportunity
for Chairman Hebert to make the following points on the floor:
a. Introduction of this bill appears based on
two implicit assumptions:
(1) The Agency has in fact been engaged in
improper police, subpoena, law-.enforcement, and
internal security activities in violation of the
National Security Act.
(2) This has come about as a result of
inadequate congressional oversight of the Agency.
b. In fact the Intelligence Subcommittee of the House
Armed Services Committee has, in the course of its intensive
investigation of matters relating to the Watergate affair,
carefully examined the possibility that CIA may have violated
the above-mentioned prohibitions of the National Security Act,
and has found no evidence of such violation.
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c. The Intelligence Subcommittee has maintained
continuing oversight of the Agency, been regularly briefed
by Agency officials, and has at all times found the Agency
completely forthcoming in responding to requests for
information about its activities and operations.
3. Chairman Hebert might, if he is willing to make the above
points, be willing also to make some remarks on the specifics of the
bill along the lines of the attached comments. (I attach an extra copy
in case you want to give him one.)
STATINTL
Legislative Counsel
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Comments on Proxmire (and Harrington) Bill
The bill amends the National Security Act of 1947 by providing
that nothing in this or any other act should authorize the Agency to:
(a) engage directly or indirectly, or in conjunction with any
other agency or individual, in any law-enforcement or internal-
security activity;
(b) assist directly or indirectly any Federal, State, or
local agency in any police, law-enforcement or internal-security
actions within the United States unless approved in writing by
our oversight committees;
(c) participate in any illegal activity in the United States;
(d) engage in any covert action abroad unless approved in
writing by our oversight committees.
Section 102(d) of the National Security Act already forbids the
Agency to engage in any "police, subpoena, law-enforcement powers
or internal-security functions." The legislative history of the National
Security Act makes clear that this provision was designed to ensure against
the Agency's ever becoming a "gestapo" type organization. At no time has
the Agency ever attempted to exercise any of these proscribed powers.
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However, 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 to domestic agencies through appropriate channels
information which this Agency acquires abroad in carrying out its
foreign intelligence mission.
The bill in question would appear to prohibit the communication of
information of this kind to Federal, State or local authorities who alone
might be in a position to use it effectively to forestall serious criminal
action or security threats within the United States.
The bill also creates a serious constitutional problem by providing
that any assistance given to domestic law-enforcement agencies, and any
covert action conducted abroad, be undertaken only with the prior written
approval of our congressional oversight committees. Among the problems
this creates are:
(a) explicit statutory recognition that the United States is
involved in covert action which on its face is a violation of international
:law;
(b) violence to the principle of separation of powers by requiring
that the Legislative and Executive Branches share responsibility
for executive action.
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Finally, the bill contains what appears to be a completely super-
fluous provision that it shall be illegal for the Agency "to participate,
directly or indirectly, in any illegal activity in the United States. "
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93D CONGRESS
1ST SESSION
S. 1935
IN TIIE SENATE OF TIIE UNITED STATES
JUNE 4, 1973
1\-Ir. PIIOXMrrr introduced the following bill ; which was read twice and referred
to the Committee on Armed Services
A BILL
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.
1 Be it enacted by the Senate and House of Representa-
2 tines of the United Stales of America in Congress assembled,
3 That section 102 of the National Security Act of 1947, as
4 amended (50 U.S.C. 403), is amended by adding at the
5 end thereof a new subsection as follows :
6 " (g) (1) Nothing in this or any other Act shall be
7 construed as authorizing the Central Intelligence Agency
9 " (A) carry out, directly or indirectly, within the
10 United States, either on its own or in eooperati.on or
II
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2
1 conjunction with any other department, agency, organi-
zation, or individual any police or police-type operation
or activity, any law enFoorcement operation or activity,
4 or Lny internal security operation or activity;
5 " (B) provide assistance of any kind, directly or
6 indirectly, to any other department or agency of the
7 Federal Government, to any department or agency of
8 any State or local government, or to any officer or
!) employee of any such department or agency engaged
10 in police or police-type operations or activities, law
1 t enforcement operations or activities, or internal se-
12 curity operations or activities within the United States
13 unless such assistance is provided with the prior, specific
14 written approval of the Central Intelligence Agency
15 oversight subcommittees of the Committees on Appro-
16 priations and the Committees on Armed Services of
17 the Senate and the House of Representatives;
18 " (C) participate, directly or indirectly, in any
19 illegal activity within the United States ; or
20 " (D) engage in any covert action in any foreign-
2 1 country unless such action has been specifically ap-
22 proved in writing by the Central Intelligence Agency
23; oversight subcommittees of the Committees On Appro-
24 priations and the Committees on Armed Services of
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1 " (2) As used in paragraph (1) (D) of this subsection,
2 the ;term `covert action' means covert action as defined by
3 the National Security Council based on the commonly
4 accepted understanding of that term within the intelligence
5 community of the Federal Government and the practices
6 of the intelligence community of the Federal Government
7 during the period 1950 through 1970."
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CA
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93D CONGRESS
1ST SESSION
. R. 8592
IN THE HOUSE OF REPRESENTATIVES
JUNE 12, 1973
Mr. HARRINGTON introduced the following bill; which was referred to the Com-
mittee on Armed Services
A BILL
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.
1. Be it enacted by the Senate and house of Representa-
2 tives of the United States of America in Congress assembled,
3 That section 102 of the National Security Act of 1947, as
4 amended (50 U.S.C. 4030), is amended by adding at the
5 end thereof a new subsection as follows :
6 " (g) (1) Nothing in this or any other Act shall be
'T construed as authorizing the Central Intelligence Agency
9 " (A) carry out, directly or indirectly, within the
10 United States, either on its own or in cooperation or
I-O
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conjunction with any other department, agency, organi-
zation, or individual any police or police-type operation
3 or activity, any law eiifo'rcement operation or activity,
4 or any internal security operation or activity;
5 " (B) provide assistance of any kind, directly or
6 indirectly, to any other department or agency of the
7 Federal Government, to any department or agency of
8 any State or local government, or to any officer or
enTloyee of any such department or agency engaged
10 in police or police-type operations or activities, law
I L culorcement operations or activities, or internal se-
12 ciu-ity operations or activities within the United States
13 unless such assistance is provided with the prior, specific
14 written approval of the Central Intelligence Agency
15 oversight subcommittees of the Committees on. Appro-
16 priations and the Committees on Armed Services of
17 the Senate and the House of Representatives;
18 "(C) participate, directly or indirectly, in any
19 illegal activity within the United States; or
'0 "(17) engage in amy covert action in any foreign
2.1 country ""less such action has been specifically ap-
22 in writing by the Central Intelligence Agency
23 oversight subcommittees of the Committees on Appro-
94 pr'~a.tions and the Committees on Armed Services of
25 the Senate and the House of Representatives.
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1 " (2) As used in paragraph (1) (D) of this subsection,
2 the term `covert action' means covert action as defined by
3 the National Security Council based on the commonly
4 accepted understanding of that term within the intelligence
5 community of the Federal Government and the practices
6 of the intelligence community of the Federal Government
7 during the period 1950 through 1970."
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 Appr
CONFIDENTIAL SECRET
OFFICIAL ROUTING SLIP
NAME AND ADDRESS
Mr. Colby
APPROVAL I DI ATCH
Ap
SIGNATURE
T I O NII
'FORM NO. 237 Use previous editions (40)
1-67
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