DAVK L BOREN OKLAHOMA CHAIRMAN WILLIAM 8 COHEN MAINE VICE CHAIRMAN IEORGIA ORRIN HATCH UTAH 8AM NUNN GEORGIA ERNEST F HOLLINGS SOUTH CAROUNA FRANK MURK0W8KI ALASKA M ____ ___ _ m MUMVIUU United States Senate SELECT COMMITTEE ON INTILUOINCE GEORGE MtTCHCLL MAINE EX OFFICIO ROBERT DOLE KANSAS EX OFFICIO JAM ES R DYKSTRA MINORITY STAFF DIRECTOR L BR HT SNIOER GENERAL COUNSEL KATHLEEN t MoGHCX CHIEF CLERK WASHINGTON DC 20610-4471 #89-1539 AD d l 20 1989 The Honorable Brent Scowcroft Assistant to the President for National Security Affairs The White House Old Executive Office Building Washington D C 20506 Dear Brent At our last meeting I mentioned the need to reach a mutual understanding on the matter of reporting covert actions to the Congress Let me make clear that I am willing to forego an absolute statutory requirement of notice to the intelligence committees within 48-hours of the president's approval which was the issue in last year's bill and accept the existing statutory language contained in section 501 b of the National Security Act of 1947 as the legal basis for the reporting obligation This would be contingent however upon the Administration's agreement to return to the original mutually-shared interpretation of that provision namely that such notice would be provided within a few d a y s If the Administration is willing to accept this statutory interpretation and will modify or withdraw those documents or opinions issued by the previous Administration which are inconsistent with this interpretation i e the unfettered discretion opinion of the Department of Justice and section II E 4 of NSDD 286 I believe we will have the basis for a compromise If such a compromise cannot be worked out I see no institutional alternative for Congress but to prohibit use of the Reserve for Contingencies at CIA as a source of funding for covert actions This would mean that no appropriated funds could be used for covert actions without obtaining the prior approval of the intelligence committees and appropriations committees I realize this could reduce the flexibility which CIA currently has in implementing such The Honorable Brent Scowcroft April 20 1989 Page Two actions expeditiously Given the interpretations of the existing oversight statute referred to above however I see no other way to ensure that the congressional committees are able to carry out their institutional responsibilities in this critical area I am sincere when I say that I hope we can resolve this matter soon as the authorization bill will be coming before the Committee in the next several weeks With best personal regards I am Sincerely 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