THE WHITE H O C S E WASHINGTON August 7 1987 Osar Vies Chairman Cohsns In my March 31 1987 msssags to Congrsss X reported on thoss stsps X had taksn and intsndsd to taka to implsmsnt the rscommsndations of ths President's Spscial Rsvisw Board Thsss ineludsd a comprshsnsivs rsvisw of Exscutiva Brunch pro csdurss concsrning prssidsntial approval and notification to Congrsss of covsrt action ' programs -- or so-called spscial activitiss In my msssags I notsd that ths rsforms and changss I had mads and would maks ars syidsnes of my dstsrmination to rsturn to propsr proesdurss including consultation with ths Congress In this regard Frank Carlucei has prsssntsd to ms ths suggestions developed by ths Senate Select Committee on Intelligence for improving thsss procedures I welcome thsss constructive sugges- tions for the development of a mors positive partnership between ths intelligence committees and the Executive Branch Greater cooperation in this critical area will be cf substantial benefit to our country and I piedee to work with vou and the members of the two committees to achieve it We all benefit when we have an opportunity to confer in advance about important decisions affecting our national security Specificallv want to express my support for tr e fell wing key concepts recommended by the 2 1 Except in cases of extreme emergency all national security Findings should be in writing If an oral directive is necessary a record should be made contemporaneously and the Finding reduced to writing and signed by the President as soon as possible but in no event more than two working days thereafter All Findings will be made available to members of the National Security Council NSC 2 No Finding should retroactively authorize or sanction a special activity 3 If the President directs any agency or persons outside of the CIA or traditional intelli- gence agencies to conduct a special activity all applicable procedures for approval of a Finding and notification to Congress shall apply to such agency or persons 4 The intelligence committees should be appropriately informed of participation of any government agencies private parties or other countries involved in assisting with special activities 5 There should be a regular and periodic review of all ongoing special activities both by the intelligence committees and by the NSC This review should be made to determine whether each such activity is continuing to serve the purpose for which it was instituted Findings should terminate or sunset at periodic intervals unless the President by appropriate action continues them in force 6 I believe we cannot conduct an effec- tive program of special activities without the cooperation and support of Congress Effective consultation with the intelligence committees is essential and I am determined to ensure that these committees can discharge their statutory responsibilities m this area I n ill but he most exceptional circumstances t i m e l y n r t i f icaticn to C o n g r e s s under S e c t i o n 1 b o f the N'aticr al S e c u r i t y Act c i 1 4 7 i s a m e n d e d w i l l n e t b e d e l a y e d beyond two w orking days f -re in itiatio n of 3 a special activity While I believe that the current statutory framework is adequate new Executive Branch procedures nevertheless are desirable to ensure that the spirit of the law is fully implemented Accordingly I have directed my staff to draft for my signature executive documents to implement appropriately the principles set forth in this letter While the President must retain the flexibility as Commander-in-Chief and Chief Executive to exercise those constitutional authorities necessary to safeguard the nation and its citizens# maximum consultation and notifica- tion is and will be the firm policy of this Administration Sincerely cc The Honorable Louis Stokes The Honorable Henry J Hvde Hyd The Kcncnbl Tire Ihairran ie r a ts H e r ited 2 t i t 23 Wviliam Ccr en t j t l t e e ienate n 1 licence This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu