CONGRESSIONAL APPROVAL OF AMENDMENTS TO CIARDS REGULATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R001000040061-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 19, 2016
• Document Release Date: February 15, 2007
• Sequence Number: 61
• Content Type: MF

Approved For Release 2007/02/16: CIA-RDP81 M00980R00100p0,400 -Od 1GO ,r
06-
MEMORANDUM FOR: Deputy Director for Administration
SUBJECT o 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 some 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 stating that he regarded this provision 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 on 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 Lapham 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
I mnote to me of 6 March 1978, attached. There is the additional argu- 25X1
men 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.
the House Committee, that amendments would be furnished.
Approved For Release 2007/02/16: CIA-RDP81M00980R001000040061-0
 25X
SENDER WILL CHECK C rv
UNCLASSIFIED CONFIDENTIAL SECRET
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
1
3
e~
2
3
4
S
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks: George,
Would the attached from me to Jack Blake
resolve this momentous problem of submission
of CIARDS regs?
F E TO RETURN TO SENDER
FROM: N M AD RESS AND PHONE NO.
DATE
7Mar78
UNCLASSIFIED CONFIDENTIAL
SECRET
FORet NO. 237 Use previous editions
1-67 L
IA-RDP
ASSIFICATION TOP AND 13OTTOM
UNCLASSIFIED CONFIDENTIAL SF'1Pr ET
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
1
25X1
2
Rm. 6C19, Hqs.
3
4
S
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks: Pat,
Please take a look at the attached, which I
believe is self explanatory, and let me have your
thoughts.
25X1
FOLD HERE TO RETURN TO SENDER
F !PM: NAME. ADDRESS AND PHONE NO.
DATE
7 Mar 78
UNCLASSIFIED CONFIDENTIAL
SECRET
FOmM NO. 2')7 Use previous editions
1-67 a7 6
Approved For Release 2007/02/16: CIA-RDP81M00980R001000040061-0
 Approved For Release 2007/02/16: CIA-RDP81M00980R001000040061-0
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 requires 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 Agency 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 Committees
carefully avoid any statement or indication that the statute requires submission.
Approved For Release 2007/02/16: CIA-RDP81M00980R001000040061-0
 t::.s~.