“f his bona fides and the sensitive information received from him should not be exposed to publicity. 3. Representative Devine is clearly supportive. He stated that he is opposed to "spreading defamation" of Government agencies. He had opposed creation of the Committee 22299 NW 65”
“clear that what we don't 22 want, to do, which is to abort our honest to goodness cultural.’ 23 exchange and other programs. 24 The Chairman. This could be done by saying "By statute 25 the CIA .should.be prohibited from using operationally grantees TOP SECRET WARD & P”
“receiving your initial response, by December 9, that designates your Agency Compliance Official and includes your statement regarding your position with respect to the provisions outlined in this letter. To the extent that you have any questions or suggestions regarding the Co”
“is that the Committee 24 recommend that the CIA, by regulation, handle this matter 25 rather than make it statutory. TOP SECRET WARQ & PAUL NW 50955 DocId:32423521 Page 32”
“f his bona fides and the sensitive information received from him should not be exposed to publicity. 3. Representative Devine is clearly supportive. He stated that he is opposed to "spreading defamation" of Government agencies. He had opposed creation of the Committee NW:65924 Do”
“22 from this in the promulgation of a specific directive. 97 That’s slightly out, of synch with- the order of some of - 24 the other recommendations. The Committee might want to choose 9 to drop - that -to a footnote or to do it in some other way. .. TOP SECRET WAR ft PA”
“uld like to bring to the 24 attent ion of the committee, if I may, there is a question 25. NW 66 000 Docld:32266459 Page 5 376 377 * 1 in my mind, as your chief counsel, with regard to the present σ 2 resol uti on that exists concerning the au thri ty as the base 3 for this commi”
“io n stating what I submit would be the appropriate basis for th is i nve sti gat ion , s o t hat if and when the matter of the constitutionality arises, we 17 are properly and fully bottomed. But I would not do that unless 18. given such direction by the committee. 19 ດ Frankly,”
“receiving your initial response, by December 9, that designates your Agency Compliance Official and includes your statement regarding your position with respect to the provisions outlined in this letter. To the extent that you have any questions or suggestions regarding the Co”
“have a vote. Let's go back 20 to 46, and I take it that the' recommendation is that this 21 prohibition that the CIA .has imposed upon itself ought to 22 be written in statutory form. 23 Mr. Bader. That is the recommendation. 24 The Chairman. All right. Let's have a vot”
“classified to outside, non-governmental review. It is against this background that, in response to the committee's request, I cite our few technical reservations about the mechanism established by the joint resolution to achieve this same result. I intend to address only Inte”
“difference between what the Agency has already taken upon 22 itself and what this recommendation involves is this recommen- 23 dation extends it to individuals who are not accredited. 24 There are a number — the figures that the Committee has 25 NW 50955 DocId:32423521 T”
“sions for subsequent exchanges on the point but the key provision is the first five-day period. : 3. As a practical matter we will have two separate reviews to conduct--a security review and a substantive review. We probably should plan to conduct the two reviews at the same time”
“appreciate those suggestions, But in summary the release of the CIA records in accordance with the general outline contained in this resolution would not damage any current CIA operations; is that correct? 10”
“record, this,— 22 actually, that part'of the instruction is in the public record 23 now under, the Freedom of Information Act, that part of 50-10 24 that talks about Fulbright grantees. It was the original 25 intent of the recommendation that is now before you to extend ”
“sently exists is worded. 8 9 10 11 1 2 13 14 15 16 be able to present to the committee, at the ne xt session, a sort of preamble to the resolution stating what I s ubmit would be the appropriate basis for this investigation, so that if and when the ma tt er of the constitutionali”
“e of Technical Service (Mr. Brandwein and Jean Turoff), Office of the General Counsel: Mr. Rininger. After there has been time to consider the problems that will be faced, the undersigned will ask for a meeting with repre- sentation as appropriate from the above components. 5. Ar”
“oversight committee 21 should pursue this Question further would be sufficient. r 22 Senator Huddleston. Well, paragraph 22 over on 39. 23 if applied to the FRD, would be a pretty good approach, I think. Mr. Aaron. That would not necessarily rule out it 24 25 would no”
“rules, which you sent to C the then Director, Vice Admiral William F. Raborn, Jr., the compe-4 ytent work of our respective representatives did, in fact, produce an• a • % effective and realistic agreement. I welcome your statement that no 1major problems have been encounte”
“- S’ r 1 Now the next paragraph C Mr. Kirbow. Could *‘8 take these one at a time because these are rather critical? 1 Mr. Chairman, one of the things that came before this r; Committee when I guess it was Hr. Colby testifying and at each 6 meeting that Mr. Miller and ”
“0f . NCR ha § 5 Senator Huddleston. Tthink it’s probably material to also to have a firmer granr when, we start discussing- and defending the report maybe, even to the extent of having specific figures. I think it's highly unlikely that they will let that stay 5 in ther”
“TOP SECRET 38 1 that we discussed and the staff- was asked to rewrite went to 2 the question of any changes or waivers of Agency directives 3 or recommendations, and as considered by the Committee 4 yesterday. The agreement was —- and if that proposal is 5 one of the ”
“ion that exists concerning the authrity as the base 3 for this committee to operate on. Th ere is in my opinion 4 5 6 7 a grave question of constitutionality, not with regard to the ability of the Congress to be investigating, but with regard to the way in which the resolution th”
“4- % Wa 57 • 18 , Just to be the rlo- 1 lin advocate, one of thin values that 9 occurs to me: is to bring the State Department in touch with tea lity . ■1 Mr. Kirbow. Well you’ll never get me to tell a member of the Department of State personal business that I was condu”
“W— -NNNW- 4 1 air too, I would expect. 2 Before we get into the substance here, I understand that our new mandate is if possible to complete ours no later than 4 Friday. So we're going to try to shoot for tomorrow. 5 What the Chairman would like to do would be for us to”
“oporations, and (4) the precedent in terms of weakening the confi- dence of current and potential Agency relationships. ect 10 J. Elvin Sixtel Assistant General Counsel , OLC D/Security JAC/WH/COG 99 SECRET sis.** azlieddi ** eNA’APh*1 1.-4* tre- "at: acoo’s etiw Po”
“nil: TOP SECRET 5 1 All right. Without objection, then, that will be. the 2 decision of the Committee.. 3 What else do you have? 4 Mr. Aaron. We have two other recommendations. 5 Senator Hart of Colorado, Mr. Chairman, could I be recorded 6 in opposition to this? I 7 T”
“0 0 3 I am glad to. 20 Mr. Baron. There may be one way you can help right now. 21 I know that before we. started today Bill Miller, the Staff 22 Director of the Committee, indicated that the Committee would 23 be interested in hearing you out at great length on policy ”
“TOP SECRET 27 1' arrangement we had previously, that is to say, that none of 2 this is final, and certainly not until we hear the comments a of the Agency. 4 Is that still observed? 5 The Chairman. Yes, that is still the situation. Nothing 6 becomes final until the fi”
“W-”• o*P•% 85 ; for this paragraph, that Be review and that he advise the President and the committee if in his opinion any of these practices violate the Co istitutional rights of American citizens ■ *.! or any other laws. 5 Mr. Kirbow. 1 I would fee I. much better abou”
“their staffs, which was granted after the normal briefings and signing of the - “-secrecy oath: ; S. Armed Services Committee - Appropriations Committee S. ... . Aeronautical and Space Sciences Committee May I reiterate’ the points I made on Friday: * a. No material is bei”
“not be precluded and would still 22 exist. 93 Now it goes on to state that in doing this we would also 24 recommend authorizing the 'CIA' to carry out the recruitment of agents within the United States for this purpose. And it goes i 25 TOP SECRET ARD & FAUL NW 50955”
“distribution within the United 20 States or its territories of any book, magazine, article, 21 publication, film, or video or audio tape unless attributed 22 ■ to. the CIA. 23 Wouldn't that take! care of it? .24 Mr. Aaron. If that is what the Committee intends, that 25”
“egislation. I would like, because of the specia l ex pe rti se of thi s w itn ess , if co uns el wil l withhold for just a moment, say a word or two about the process that we are engaged in. First, we commend you for your long years of service I to a very, very important agency o”
“Commission report. 29 Now as the first recommendation, I think that we have 23 agreed at the staff level to take out - the brackets and put a . 24 footnote which would, make it clear that while the primary 25 mission- of the CIA would be to collect denied, or protected fo”
“q‘1 70 g A, KM SECRET 70 Then the question arose about the deadline on the 15th fl and the-Chairman is going to ask that this deadline be set aside because of the problems of not being able to finish 4 security and those other matters. 5 So he is taking steps to do that ”
“RECOMMENDATIONS WHICH GOS WOULD CARE TO MAKE ON OR OFF THE RECORD. COS MERELY COMMENTED THAT CONGRESSMAN MILFORD’S, PLANNED LEGISLATION SEEMED EXCELLENT AND NOTED THAT THE AGENCY WAS NOT ATTEmPTING TO AVOID RESPONSIBLE 4 OVERSIGHT BY THE CONGRES, BUT ADDED THAT A SECRET SERV”
“5*H5* i / Mr. Davis. Ho’s os-horizgl. He doesn’t have to. Mr. Kirbow. He’s authorized to have a staff under the President’s executive order or in any other normal course of business. 5 i This appears to be dipring down below the kind of - 6 statutory authority positi”
“es primarily to apprise the employee of his or her dilemma. OGC will request further advice from the Attorney General. Should the most pessimistic development come to pass, the situation will be more political than legal. The رد fact is that time is of the essence, and any stretc”
“exception, I would have told you up until the beginning of this current public discussion, that 24 was the way it went, and that nothing went outside it, and 25 that the Agency and the Defense Intelligence Agencies, with TOP SECRET HW 50955 DocId:32123106 Page 2.”
“cutive session, and you may request that the Committee convene such a session to hear your response. If the Committee were to insist upon your testimony at this point, you are entitled to request that the Committee grant you an opportunity to confer with the Director of Central I”
““r -iF. i 45 re agreed upon at the Tfevpl that were left out. Mr. Aaron. I have on here. Mr. Kirbow. Well just for your information, there intents to be 'several things which were not just an occasional |one but several things that were agreed on at the staff level t”
“in the next session of Congress. 24 Mr. Sprague. At the next sess ion I wou ld lik e t o p res en t 25 NW 66000 Docld:32266459 Page 6 378 1 what I think will be a preamble there which I think would 2 then save this resolution, the wording of it, from subsequent 3 attack. 4 91 Mr.”
“Schwarz admitted, however, that some type of arrangement- would have to be made to insure that the Intelligence Community had some protection against unauthorized disclosures by staff j members of the SSC. _ / Enclosures WOC:ebe, CONTINUED - OVER (7) 202 1 ENCLOSURE 42 1”
“the current bill. take the opportunity to . respond to that concerning general declassification”
“the intelligence 21 community to help him in the task of establishing these requiremen Now this is, an increase in .his authority from his current posture. He has feyt.o the authority to issue didance 20 in the preparation of rociremonts but he can’t really say do Ithis”
“Senate, and they will seize on it because today 22 they don't do it for anybody else but the Appropriations 23 Committee. 24 Senator Huddleston. I think that's reasonable^ enough. 25 It ought to be clear. TA0 PADRT HW 50955 DocId:32423513 Page 66”
“of the intelligence. ' ." community. Clearing each and every such reference with every - - agency.mentioned could manifestly be extremely consuming of time and manpower. Y 7. I propose the Ad Hoc Group agree on the following procedure. - Where it appears that truly sensitiv”
“TOP SECRET 39 1 Mr. Kirbow. Mr. Chairman, may I suggest that maybe 2 perhaps we use this type of part of .the investigation and what 3 we know from certain of the other files to prohibit this type 4 of conduct by law in the future in our general recommendations? 5 ' Sen”
“wd M* P: * 12’9 ,apt and not a routine ticre-eirm. Tt is a’ro intended to underline the Committee vgition that covert action again in the exceptional nature should he used only when other means 1 will not do. 5 And then it goes on to talk about that there should be 6 ”