(Ui ovuvirall THE SECRETARY OF DEFENSE D 2 8 8 4 WASHINGTON FHE OISTRICT OF COLUMBIA | 3 E x H { 8 { T SUBJECT: pooSuppor four 9 May menorandun | on eanagement of DOD support to eeectivities taisee significant points. (S$) I agree that the procedure whereby foreseeable and significant Ded support will henceforth be noted in the Presidential Finding, with other DoD support requirements to be cited in the scope paper, provides a solid authority for our eupport. (8) Your point concerning notification to the Congressional committees ig well taken. The Deputy Under Secretary of Defense for Policy (B0SD(P)) isa reeponsible for action on these notifications: after appropriate coordination with the DoD General Counsel, Dod ‘ Legislative Liaison, CIA, the Joint Staff, DIA, and tne Militery — Deparc*menta. Our current project -- in which your representatives ace participating -- to identify significant end sensitive activities ; to be seported to me and, if necessary, to the Congress, should assist in decisions on matters in this area. We aust comply fyily with all statutory and Presidential direction on such cting. Beyond these requirements, % wish to be as diligent | is informing the appropriate Congressional committees as good management ané division of authority between the Legislative and Executive Branches permit. HSovever, we aust recognize the primary AAnann Are responsibility of che DCI concerning decisione on reporting special < activities to the Congress. = ($) Internal fa ap coquests for Bod support rt a see as & matter for t . ~ and related cerns wit oF Wie bey = assured thet would review its internel coordinat on to ensure propec conside jon of legal issues before such requests are made to 00d. ; Downgrade to SECRET Qer na CO HE, Upon. Removal of Tab A Claseified by: Secdef eae an LS Cy ad oe Pig one a Blasts. ot, 2 J ad ‘ oar i - or TA- C6 /- VBS “"ROLILE @ Ss 00 / s+ AA — 4 covres. case ¢ te Woe Cor L& Neri oF 3 3 Coples: see Sef Cent fv. (Ur ne sg te Bs Wi Gilb.
orem eS: SOD yD eney ne rena | peo Sup eas Militacy Departments. The DUSD(P) will ensure that Do ¥ 603 (S) -Oue current DoD procesg for staftingimmemrequests for : operational support through the See ecanEa system * a ec. All such requests should be hendled througt ce ian Bsystem pursuant to DepSecDef letter, subject: Provision of mae, Operational and Logistic Support (U), 20 December 1979. (S$) In this connection, OSD and Joint Staff cecords indicate that the three examples you cited were properly handled by those offices; further details ace at Tab A. . (S) Legal counsel is readily available to all participents in this process. All proposals and requests for action in these areas referred to OSD are handled by the DUSD(P). The latter's staff ie especially experienced in and attuned to policy, procedural constraints, and general legal issues pertinent to these activities. In addition, in order to ensure that a complete legal review is carried out, all such cequests will be referred to the Office of the DoD General Counsel for evaluation. In view of the , institutionalized legal review, the establishment of additional {ntre-agency or interagency ceview procedures to evaluate and: advise outaide the current interagency coordination process is not necessary. An additional ceview process, independent of the department heads‘ regular policy and operations process, would be Mefficient, and undermine agency heads‘ normal management and éontrol. a(S), DUSD(P), with the Joint Staff, ig rorking on a Semeeemorandum of Understanding (MOU \RRespem port Waewememe This MOU will be coordinate proposed | iaplementin instructions accompanying the MOU emphasize the need for appropriat legal counsel at each level of decision. memocandum raises a question about the nature and Siiicect exploratory discussions with elements of the he matter (S) extent of fie. Militacy Services concerning possible support before t is cefercred to the Joint Staff and OSD through th qa System. I have inetzucted the OUSO(P) to evaluate is proce to determine if he should undertake an increased cole in the eacly stages. of the process. ‘an e ‘oy , re 2 a fa eS a) a » ad ‘ Ud