My staff and I have carefully examined the so-called Country Program
Memoranda and find that, for the most part, these are planning or working
documents subject to subsequent discussion and final approval. These
documents are under constant review, and programs are changed in the light
of changing developments in Washington and in the host countries.
You will note from the President’s directive that he wishes the
Administration to be wholly responsive to Congressional requests subject
only to restrictions necessary for the proper functioning of the Executive
Department.
With this objective in view, I shall be happy to supply your Committee with
summaries of the approved country objectives together with a description of
the activities proposed to implement them. Also, our key officers, including
myself and the Assistant Directors for each geographic area, are ready to
provide your staff with country-by country briefings as well as being
available at all times for questioning by you and your colleagues.3
Enclosure
Memorandum From President Nixon to Secretary of State
Rogers and the Director
of the United States Information Agency (Shakespeare)4
Washington, March 15, 1972
As you know, by a memorandum of August 30, 1971 to the Secretary of State
and the Secretary of Defense, I directed “not to make available to the
Congress any internal working documents which would disclose tentative
planning data on future years of the military assistance program which
are not approved Executive Branch positions.”5 In that
memorandum, I fully explained why I considered that the disclosure of
such internal working papers to the Congress would not be in the public
interest.
I have now been informed that the Senate Foreign Relations Committee and
the House Foreign Operations and Government Information Subcommittee
have requested basic planning documents submitted by the country field
teams to the United States Information Agency and the Agency for
International Development, and other similar papers. These documents
include all USIA Country Program
Memoranda and the AID fiscal year 1973
Country Field Submission for Cambodia, which are prepared in the field
for the benefit of the agencies and the Department of State and contain
recommendations for the future.
Due to these new requests for documents of a similar nature to those
covered by my August 30, 1971 directive, I hereby reiterate the position
of this Administration so that there can be no misunderstanding on this
point.
My memorandum for the Heads of Executive Departments and Agencies, dated
March 24, 1969,6 set forth our basic policy which is to comply to the
fullest extent possible with Congressional requests for information. In
pursuance of this policy, the Executive Departments and Agencies have
provided to the Congress an unprecedented volume of information. In
addition, Administration witnesses have appeared almost continuously
before appropriate Committees of the Congress to present pertinent facts
and information to satisfy Congressional needs in its oversight function
and to present the views of the Administration on proposed
legislation.
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The precedents on separation of powers established by my predecessors
from first to last clearly demonstrate, however, that the President has
the responsibility not to make available any information and material
which would impair the orderly function of the Executive Branch of
Government, since to do so would not be in the public interest. As
indicated in my memorandum of March 24, 1969, this Administration will
invoke Executive Privilege to withhold information only in the most
compelling circumstances and only after a rigorous inquiry into the
actual need for its exercise.
In accordance with the procedures established in my memorandum of March
24, 1969, I have conducted an inquiry with regard to the Congressional
requests brought to my attention in this instance. The basic planning
data and the various internal staff papers requested by the Senate
Foreign Relations Committee and the House Foreign Operations and
Government Information Subcommittee do not, insofar as they deal with
future years, reflect any approved program of this Administration, but
only proposals that are under consideration. Furthermore, the basic
planning data requested reflect only tentative intermediate staff level
thinking, which is but one step in the process of preparing
recommendations to the Department Heads, and thereafter to me.7
I repeat my deep concern, shared by my predecessors, that unless privacy
of preliminary exchange of views between personnel of the Executive
Branch can be maintained, the full frank and healthy expression of
opinion which is essential for the successful administration of
Government would be muted.
Due to these facts and considerations, it is my determination that these
documents fall within the conceptual scope of my directive of August 30,
1971 and that their disclosure to the Congress would also, as in that
instance, not be in the public interest.
I, therefore, direct you not to make available to the Congress any
internal working documents concerning the foreign assistance program or
international information activities, which would disclose tentative
planning data, such as is found in the Country Program Memoranda and the
Country Field Submissions, and which are not approved positions.8
I have again noted that you and your respective Department and Agency
have already provided much information and have offered to provide
additional information including planning material and factors
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relating to our foreign
assistance programs and international information activities. In
implementing my general policy to provide the fullest possible
information to the Congress, I will expect you and the other Heads of
Departments and Agencies to continue to make available to the Congress
all information relating to the foreign assistance program and
international information activities not inconsistent with this
directive.
