LETTER TO THE PRESIDENT FROM W. E. COLBY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00957A000100010008-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 19, 2016
• Sequence Number: 8
• Content Type: LETTER

Approved For Release 2006/09/29: CIA-RDP79-00957AO00100010008-0
LL1GE
C~1
CENTRAL INTELLIGENCE AGENCY
Office of Legislative Counsel
Washington, D. C. 20505
Telephone: [phone] (Code 143-6121)
18 December 1974
TO:
Mr. James Oliver
Office of Management and Budget
Washington, D. C._ 20503
There was a revision of the second
page of the letter and of the attachment.
Please substitute this package and
destroy the one you picked up at our office.
Deputy Legislative
FORM rOSOLETE
8?s9 1533 lREVIOUS
ED IT IONS
Re copy of DCI's 18 December letter on Foreign
Assistance Act.
Counsel
q
STAT
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 Approved For Release 2006/09/29: CIA-RDP79-00957A000100010008-0
CENTRAL INTELLIGENCE: AGENCY
WASH{NGrON, D.C. 20505
OLC 74-2589
18 DEC 1974
The President
The White House
Washington, D. C. 20500
This, is to recommend a statement to be used in connection
with your approval of S. 3394, the Foreign Assistance Act of 1974
(attached).
Section 27 of S. 3394 prohibits any expenditure of
appropriated funds for non-collection type foreign operations
("covert actions") unless and until the President finds that such
operations are important to national security and a description
and scope of the operation is reported to six committees of
Congress (the four Agency oversight committees of Armed Services
and Appropriations of each house and the Senate Foreign Relations
and House Foreign Affairs Committees).
The legislative history of this section is replete with references
to the necessity of protecting the security of the information involved,
but no specific language exists in section 27 safeguarding or limiting
access to the information. Moreover, House Rule XI, Clause 27(c)
entitles all Members of the House to have access to all committee
records, and the leaking of my testimony on covert activities in
Chile before the Intelligence Subcommittee of the House Armed
Se--r`vices Committee is traceable to this Rule. The attached
statement is designed to enhance the prospect of working out
suitable security arrangements to protect the sensitive information
covered by section 27 of S. 3394.
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This recommendation stems from my concern over our ability
to protect the security of our activities so that we can fulfill the Agency's
statutory functions under your direction. The splintering of responsibility
for oversight of this Agency within the Congress as evidenced by this
enactment, I am fearful, will bring pressure for widening the audience
for receipt of sensitive operational information even further. The
enclosed statement or, an. appropriate revision of it could hopefully
slow this tendency.
Respectfully,
/s/, V. E. Colby
W. E. Colby
.Director
Distribution:
Original - Addressee (w/encl)
1 - DCI
1 - DDCI
E R.
1-OCC
1 - DDO
,X- OLC Subject
OLC/LLM:bao, jmd (18 Dec 74)
Additional Distribution
Mr Clinton Granger Room 396 EOB
Mr. Max Friedersdorf Rm 112 East Wing
White House
Mr. Richard Ober 'Room 364 old EOB
Original and above copies were picked up in ER by
OCI Courier at 4:50 on 18 Dec 74. Courier receipts
returned to OLC.
Approved For Release 2006/09/29: CIA-RDP79-00957AO00100010008-0
 Approved For Release 2006/09/29: CIA-RDP79-00957AO00100010008-0
Recommended Presidential Statement
on Section 27 of S. 3394
Section 27 of S. 3394 limits the expenditure of appropriated
funds for certain foreign intelligence activities abroad by requiring
a prior finding by the President that the matters undertaken are
important to the national security and a report to congressional
committees along with an appropriate description of the nature and
scope of such operations.
It is recognized that in a free society such as ours, such
activities must be rigidly controlled and I am exerting that control.
But, by their very nature, knowledge of them within the Executive
and Legislative Branches must be limited in a manner to protect
such information.
I have stressed to the Director of Central Intelligence the
absolute necessity of maintaining the security of such information.
I trust that the Congress in administering this provision will cooperate
fully in this endeavor.
Approved For Release 2006/09/29: CIA-RDP79-00957AO00100010008-0