9

1 President. A request by any agency or department of the

2 United States to a foreign country or a private citizen to

3 conduct a special activity on behalf of the United States shall

4 be deemed to be a special activity.

5 "(f) No special activity may be conducted if it is intend

6 ed to influence United States political processes, public opin

7 ion, policies, or media.".

8 Sec. 4. Section 502 of title V of the National Security

9 Act of 1947 (50 U.S.C. 414) is redesignated as section 504

10 of such Act, and is amended by deleting "501" in subsection

11 (a)(2) of such section and inserting in lieu thereof "503", by

12 striking "Appropriated funds" at the beginning of such sec

13 tion and inserting in lieu thereof "Funds", and by adding the

14 following new subsection (d):

15 "(d) No funds appropriated for, or otherwise available

16 to, any department, agency, or entity of the United States

17 Government, may be expended, or may be directed to be ex

18 pended, for any special activity, as defined in subsection

19 503(e), unless and until a Presidential finding required by

20 subsection 503(a) has been signed or otherwise, issued in

21 accordance with that subsection.".

22 Sec. 5. Section 503 of title V of the National Security

23 Act of 1947 (50 U.S.C. 415) is redesignated as section 505

24 of such Act, and subsection (aXl) of such section is amended 10

1 by adding, "or any aggregation of defense articles or defense

2 services," after "service".

O

BY HAND

The Honorable Louis Stokes

The Honorable Matthew F. McHugh

Permanent Select Committee on Intelligence

U.S. House of Representatives

H-405 Capitol Building

Washington, D.C.

Dear Chairman Stokes and Chairman McHugh:

I want to thank you for the warm reception that you and
the members of the Committee extended during my testimony
regarding H.R. 3822.

In addition, I would like to expand on my response to two
questions that arose during my testimony concerning my
proposal for criminal penalties:

— First, Mr. Richardson asked whether the criminal
penalties that I proposed would hinder the undertaking of
covert activities. As I responded, criminal penalties, in my
view, would not be a hindrance — indeed, such penalties would
help to keep covert activities on their proper, narrow
course. Under my proposal, members of the intelligence
community — acting in good faith as nearly all do — could
rely on the risk of criminal penalties to insist on compliance
with laws that the expedient few might wish to ignore. The
threat of criminality would bolster the resolve of subordinate
and superior officials alike in resisting directives that
evaded the reasonable provisions for notifying the
intelligence committees of covert activities.

— Second, Mr. Glickman asked whether the termination of
funding for covert activities about which the President had
failed properly to inform the committees might endanger U.S.
interests or lives. As I stated, in my view, this would not
occur. If a covert activity was underway and the President

The Honorable Louis Stokes
The Honorable Matthew F. McHugh
February 24, 1988
page 2

and the intelligence committees felt that it should continue to be funded to avoid risk to U.S. interests or lives, the President simply could sign a finding authorizing continued funding and provide it to the committees according to the law. This finding of course would not retroactively authorize the past activity or absolve any officials of liability for that past activity. But such a belated finding and notice to the committees should be necessary to restore the covert activity to its proper course.

Finally, I enclose a copy of my resume, as requested by the Committee.

Permit me to express my appreciation for the courteous reception that I received this morning.

Sincerely,

BIOGRAPHICAL SKETCH OF CLARK M. CLIFFORD

Born In Fort Scott, Kansas on December 25, 1906, the son of Frank Andrew Clifford and Georgia (McAdams) Clifford. Shortly thereafter the family moved to St. Louis, Missouri.

Attended public schools and then went to college and law school at Washington University In St. Louis, graduating in 1928.

Entered the practice of law in St. Louis in 1928 in association with Jacob M. Lashly.

Volunteered for service in the United States Naval Reserve In 1943, and received commission of Lieutenant (J.g.). Served as special assistant to the Commander, Western Sea Frontier, later as assistant Naval Aide to the President, and as Naval Aide to the President.

Separated from the service In 1946 with the permanent rank of Captain.

Appointed Special Counsel to the President of the United States In Tune, 1946 by President Harry S. Truman. Served in that capacity until February 1, 1950.

In 1945, President Truman assigned him the task of conducting a study in depth of the unification of the Armed Services. He worked with the War Department, the Department of the Navy, other departments and agencies Involved, and the Congress for two years thereafter. There finally resulted the passage of legislation In 1947 entitled "The National Security Act." He was one of the principal architects of this legislation.

Thereafter, he served as liaison between the White House and the new Secretary of Defense.

Again In 1949, he worked with the Secretary of Defense, other departments and the Congress to obtain passage of the "National Security Act Amendments of 1949" , which greatly strengthened the authority of the Secretary of Defense and changed the national military establishment Into a regular executive Department of Defense.