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MEMORANDUM  FOR  THE  SECRETARY  OF  THE  ARMY 
SUBJBCTt   DOD*4tapportHl^HBHHH  Activities  (S) 
9  Nay  memorandum  on  management  of  DoO  support  to 
ctlvltles  raises  significant  points. 
(S)   X  agree  that  th«  procedure  whereby  foreseeable  and 
significant  DoO  support  will  henceforth  be  noted  in  the  Presidential 
Finding,  with  other  OoO  support  requirements  to  be  cited  in  the 
scope  paper,  provides  a  solid  authority  for  our  support. 
(S)  Your  point  concerning  notification  to  th«  Congressional 
committees  la  troll  taken.  The  Deputy  Under  Secretary  of  Defense 
for  Policy  (DOSB(P))  is  responsible  for  action  on  these  notification! 
after  appropriate  coordination  with  the  DoO  General  Counsel,  DoO 
Legislative  Liaison,  CIA,  the  Joint  Staff,  OXA,  and  the  Military 
Departments.  Our  current  project  —  in  which  your  representatives 
are  participating  —  to  Identify  significant  and  sensitive  activities 
to  be  repotted  to  *e  and,  if  necessary,  to  the  Congress,  should 
assist  in  decisions  on  natters  in  this  area.  We  suet  comply 
ft^lly  with  all  statutory  and  Presidential  direction  on  such 
reporting.  Beyond  these  requirements,  X  wish"  to  be  ss  diligent 
In  Informing  the  appropriate  Congressional  committees  as  good 
management  and  division  of  authority  between  the  Legislative  and 
Executive  Branches  permit.  However,  we  aust  recognise  the  primary 
responsibility  of  the  OCX  concerning  decisions  on  reporting  special 
activities  to  the  Congress. 
(S)   Xnternal^Hn^^^^BHJHH requests  for  OoO  support  X 
see  as  a  matter  fin.  lU^TBHjTousinF)  recently  dlscusseil^thls 
and  related  concerns  witn  senior  personnel  olwBBHBKB£R*n<*   *** 
assured  thatBBLwould  review  its  internal  coord!  net  ion-  to  ensure 
proper  consideration  of  legal  Issues  before  such  requests  arc 
made  to  OoO. 
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IS)  ~Our  current  DoO  proces 
operational  support  through  the   
r.   All  such  requests  shouI5Tbe  handled  thr 
system  pursuant  to  OepSecOef  letter  *  subj 
Operational  and  Logistic  Support  (U) 
quests  for, 
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20  December  
1979 
(S)   In  this  connection,  OSO  And  Joint  Staff  records  indicate 
that  the  three  examples  you  cited  vera  properly  handled  by  those 
offices;  further  details  are  at  Tab  A* 
(S)   Legal  counsel  is  readily  available  to  all  participants 
in  this  process.   All  proposals  and  requests  for  action  in  these 
areas  referred  to  OSO  are  handled  by  the  DUSD(P).  The  letter's 
staff  is  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  requests  will  be  referred  to  the  Office  of 
the  OoD  General  Counsel  for  evaluation.   In  view  of  the 
institutionalized  legal  review,  the  establishment  of  additional 
intra-agency  or  interagency  review  procedures  to  evaluate  and 
advise  outside  the  current  Interagency  coordination  process  if 
not  necessary.   An  additional  review  process,  independent  of  the 
department  heads'  regular  policy  and  operations  process,  would  be 
Inefficient,  ^nd   undermine  agency  heads'  normal  management  and 
Control. 
i 
DOSD(P),  with  the  Joint  Staff,  i^e2£j^lm25^  proposed 
tdum  of  Understanding  (MOU)nnj^BHBp«nd  Other 
^A  This  MOO  will  be  coordinated  w^tnTJiA  and  the 
_  y  Departments.  The  DOSO(P)  wilt  ensure  that  DoO  implementxn 
instructions  accompanying  the  MOO  emphasize  the  need  for  appropciat 
legal  counsel  at  each  level  of  decision. 
(S)   Your  memor and urn  raises  a  question  about  the  nature  and 
extent  ofiHHbirect  exploratory  discussions  with  elements  of  the 
Military  Services  concerning  possible  support  before^the  ma"  ~ 
is  referred  to  the  Joint  Staff  and  OSO  through  th    
System.  I  have  instructed  the  DOSO(P)  to  evaluateTFfis  proc 
to  determine  if  he  should  undertake  an  increased  role  in  the 
early  sta9*s~ of  the  process. 
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