DESTRUCTION OF FILES OF ILLEGAL SURVEILLANCE AND OTHER ILLEGAL ACTIVITIES: ANNOUNCEMENT OF HEARING

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CIA-RDP77M00144R000800070108-1
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6
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December 12, 2016
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November 26, 2001
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108
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March 30, 1976
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H 2568 Approved For RWW1N9&W&. W ZMQ -##6$1D00800070101 1xrch W, 1976 mendations involving such matters as The existence of the Kraft wiretap was the Government Information and Indi- staffing, training, computer systems made known by Watergate investigators, vidual Rights Subcommittee and other management, et cetera. The subcommit- but there are many thousands of Amer- committees of the Congress. tee will not discuss those recommenda icans who are not even aware that their In light of these developments, the tions involving legislative change, since Government opened their mail, tapped Government Information and Individual these recommendations are under con- their phones, or otherwise had them un- Rights Subcommittee will hold hearings - sideration by the Ways and Means Pub- der surveillance for doing nothing more on H.R. 12039, H.R. 169, and other mat lie Assistance Subcommittee. than exercising their constitutional ters relating to the disposition of the This hearing is the fourth in a series rights. These people have a right to be records of the agency activities in ques-. being held at the request o hairman informed of the existence of the files on tion, beginning on April 13, 1976. The ULLMAN.iand Acting gal ORMAN Of them so that they may exercise their hearing will be in room 2247 of the Ray- the P blic 14 tanc ttee. The rights to have the files amended or de- burn Building and will begin at 10 a.m. heari g w e desk So to help meas- stroyed, and H.R. 12039 would go beyond )dy letter and the agency response are ure ore o e cial Security Mr. Levi's position by requiring that appended: Ad tra i n improving the opera- they be so notified and informed of their OFFICE OF THE ATTORNEY GEN RAL1s7s. Washington, D.C., March , .,pion o he _ rogram. rights. Hon. BELLA 3. Aszoc, Mr. Levi's second letter relates to the Chairwoman, Subcommittee on Government destruction of files generally. Now that Information and individual Rights, Cont- DESTRUCTION OF FILES OF ILLS- the Pike committee has completed its mittee on Government Operations, U.S. GAL SURVEILLANCE AND OTHER work, albeit without its report having House of Representatives, Washington, ILLEGAL ACTIVITIES: ANNOUNCE- been made public, and the Senate com- D.C. MENT OF HEARING mittee chaired by Senator CHURCH is DEAR CHAIRWOMAN ABZUC: In light of your The SPEAKER pro tempore. Under a about to conclude its investigation, the Interest In preservation thought It rec- previous order of the House, the gentle- Congress is presented with the question ords o o Department, n my request it ad- to tify dispose of feyin que t to rte woman from New York (Ms. Aszuo). is of whether the moratorium which has oArchivist to this recognized for 20 minutes. been in effect on destruction of docu- lating to an electronic surveillance of Joseph Ms. ABZUG. Mr. Speaker, the Govern- ments by the intelligence agencies Kraft in 1969. ment Information and Individual Rights should be extended. Mr. Kraft has requested destruction of Subcommittee, which I chair, has been In January 1975, Senators MANSFIELD - these records pursuant to subsection (d) of . studying the maintenance, dissemina- and ScoTT requested that various agen- have determined i y t of 1974, 5 U.S.C. i5 question tion and ultimate disposition of files cre- ties and departments not destroy or ty that the t maintained u this ated as a result of such programs as otherwise dispose of documents which may not pDepartment op rruant to that Act and must CHAOS, COINTELPRO, IRS Special might have a bearing on the work of the therefore be destroyed or, if of historical Service Staff, FBI and CIA mail open- - Senate and House Intelligence Commit- interest, transferred to the Archivist. As the ings, and NSA interception of wire com- tees. attached form 115, submitted to the Arch- munications. In addition, we have leg- The agreement reached by the Senate ives, notes, I am proposing that we destroy islative and oversight jurisdiction over leadership with the various agencies will only the documents containing or sum riz- the Privacy Act of 1974. expire shortly, and I believe that Con- ing the content relate the surveillan the in% In that connection, I have introduced gress should address the question of the not nati the documents actual ucon which of it. Much of the H.R. 12039, which would require that ultimate disposition of some of the sell- material has already been furnished to the individuals who were the subjects of sitive files and records held by these Senate Select Committee and information such programs be informed of the exist- agencies. I recently sent a letter to the concerning the incident is contained in the ence of files on them and afforded the Departments of State, Justice, Treasury, files. Thus, the historic fact of the occur- opportunity to require that such files be and Defense, and to the Central Intel- rence of the surveillance will be preserved. turned over to them or destroyed. H.R. ligence Agency, requesting that the not only in the files of this Department but 12039 is an expanded version of H.R. 169, moratorium on destruction of files and also in the files of the Senate Select Com- In my view destruction of the files at this which I introduced in January 1975. records be extended until Congress has mittee. By letter dated February 24, 1978, I had an opportunity to act on legislation time fulfills my obligations under the Pri- also requested that the CIA, the FBI, dealing with this matter. The text of a vacy Act and yet remains consistent with NSA other agencies sample of the letter I sent and the re- your earlier request. and Sincerely, the IRS.' the - their own. '1'o Degin wits', is is uiie auu- - The replies I received to my letters jects of the programs, not the agencies the agencies generally state that they which unlawfully conducted them, who have complied with their agreement, that should have the right determine the they will "discuss the matter further" disposition of files collected unlawfully. with the congressional leadership, and In addition, it is important that the that any destruction will be done in ac- --d-we n,iri, PracitlPntial order or as considerable evidence of illegal activi- ties by the agencies, not be destroyed otherwise provided by law. The Treasury Notification to agency: In accordance with before committees such as mine conclude Department assures me that it has the provisions of 44 U.S.C. 3303a the disposal tear inquiries into these programs. preserved the files and records relating request, including amendments, is approved to its Special Service staff and the se- except for items that may be stamped "die- Today I received two letters from At- cret Service has presreved its files and posal not approved" or "withdrawn" in col- torney General Levi, one striking a posi- umn 10. five note, the other quite disappointing. records relating to the assassination of Date: Archivist of the United. States. In the first, Mr. Levi informed me that, John K. Kennedy. I assume, in the ab- To: General Services Administration, Ne- on the request of syndicated columnist sense of evidence to the contrary, that tional Archives and Records Service, Joseph Kraft, he has asked the National every other agency has kept the files Washington, D.C. 20408. Archives to destroy the content of the which comprise the subject of H.R. 12039. 1. From (agency or establishment) : De- electronic surveillance conducted against Mr. Levi's second letter states that he partment of Justice. 2. Major subdivision: Federal Bureau of Mr. Kraft in 1969 on the ground that the will "shortly authorize the resumption" Investigation. continued maintenance of the informa- of the FBI's "routine destruction pro- a. Minor subdivision: Files and Communi- tin violates the Privacy Act of 1974. Spe- gram." Mr. Levi also says that no "in- cations Division. cifically, Mr. Levi ruled that the keeping teuigence files" are to be destroyed. I 4. Name of person with whom to confer: of the information violates the require- do not question his good faith, but I M5. Cel. est 2059. 6. Certificate of agency representative: I meats that Federal agencies may only suspect that we may have some differ- maintain records on individuals that are ences as to what constitute "intelligence hereby certify that I authorized to act relevant; timely, accurate, and complete, files," and that we may also differ on for this agency in matters pertaining to the - and 'which do not describe how an in- the extent to which the files which he disposal of the agency's records; that the dividual expresses rights guaranteed by does propose to destroy contain evi- records proposed for disposal in this Request the first amendment, dente vital to the investigatory efforts of . of - page(s) are not now needed for Attorney General. REQUEST FOR RECORDS DISPOSITION AUTHoRrrr (See instructions on reverse) (Leave blank.) Job No.: NC 1-65-76-2. Date received: March 8, 1976. Approved For Release 2002/01/02 : CIA-RDP77M00144R000800070108-1 March 30, 1976Approved Foie aRE at JAI Z g44R000800070108-1 H 2567 numbering system. But, you have made nations into submission and the Red sickle With Red Cuba already flanking the Wind- progress beyond my imagination. Keep up slashes away their liberty. Angola is the most ward passage through which travels eighty the good work. Get it done! We need it! You recent example of Communist expansion, ex= percent of the Caribbean shipping, vital car- have the support of those who really know cept in this case the Soviet Union used an goes of strategic materials destined to or the value of he project. expeditionary force of 10.000 Cuban trnnnc rr...., the rT.... ~._~__ `!! will ons as the Communists day to recogni m distin fished fellow President Ford requested from the Con- choose. This situation along with Communist y g grass authority to counter the Soviet Union's control of the sea lanes in the South Atlantic Floridian, Dr. 'chael A. DeCarlo, and take-over of Angola. He was rebuffed. With and Indian oceans will deal the United States the profound and sting contribution he a vision no farther than their long noses a a catastr hi h , op c strategic blo as made For mor h 10 h w. .an years, Iave majority of Congress turned down the Presi- In keeping with recent examples of gov- followed with great rsonal interest the dent in their smug satisfaction that th ey ernment perfidy h b th aseene use of political professional acco lishlnents and had averted another Vietnam. Angola has blackmail by the proponents of the treaty growth in national sta re of this sirigu- been hauled inside the ever growing sphere for surrender oo our anal Zone sovereignty laxly talented man. H of Communist domination, The United States in order to res esses that ur i ' ~ s ze support V for the new of America, along with the Free World, is treaty. We are being told that if we don't rare blend of leadership, ation, and now paying the price of appeasement in an- knuckle under, the Canal Zone will become devotion to educational ence that other of a long series of political retreats in a scene of violence. In short the United makes him an inspiratioll but the the face of the Communist menace. States is being asked to give away one of most diehard reactionariWhy is a lift.,- -unt " - --- it -- .- -6_ ue,ow uur u,vscmporant strategic areas or suffer I Commend the pioneeriri `achieve- the equator, on the west coast of Africa, with the consequences of violence. Instead of pur- ments o$ Dr. DeCarlo to the %tention a population of only a few million people and suing that course, our government should of my colleagues, the U.S. Office Edu- an area of less than a half million square be making a determined ffo e rt to revive our cation, other Federal and State UCa- miles so important to Soviet designs that they Monroe Doctrine as a counter to the Brezhnev tional leaders, and private foundati . I cont would ntrol! but that bring they would underwrite the Doctrine Now, after refusing to lift a finger in sup- also urge full support for him during ' e overseas transit of an expeditionary military port of the President's request to counter the crucial final stages of project devel force of between ten th ousand and twl Soviet acti i A eveonnngola, the Congress is being merit and implementation. It is far thousand Cuban satellite troops? The an- pressured to adopt a similar pusillanimous important-and of too much ultimate swer to the Soviet involvement lies in the attitude towards a Communist take-over of benefit to education thrOighOUt the trategie position of Angola. The answer to the Panama Canal. Where is it all going to United Statesduc possibly founder now a use of Cuban satellite troops lies prob- end? With a Communist 'dominated world? t-o on the Sate of narssibly nessor selfflO m y in the opportunity to combat-train a In 1933 the great Churchill grimly warned terest foxy Yorce for possible use in another his countrymen of the imminent danger fac- er it d - ad eu; - mere may even PANAMA CANAL: THE SIGNIFI-' gian go. To the east is northern Rhodesia; be a worse case. You may have to fight when CANOE OF ANGOLA on th uth is Southwest Africa and to the ' there is no hope of victory because it is bet- west ro the South Atlantic Ocean. The es- ter to perish than to live as slaves," This is The SPEAKER pro tempore. Under a tablishn It of military bases in Angola will Precisely the situation which the United previous order of the House the gentle- enable th` Russians to project its armed States and the free: world f t se , ace oday We are . non fromPennsylvania , FLOOD) is mobility in any part of southern Africa it negotiating from a position of military weak- ,eOgni7ed for 5 minutes, chooses an _ t any time it chooses. Of far Bess. The Soviets hold the blue chips. IIn- greater impp rice h bl owever is controlf a e to insist wenlyk ,, o, can o as. The Soviets Mr. FLOOD. Mr. Speaker, in the grow- the shipping',, es along the west coast of not only can insist, the =rig number of articles now haina n..1, Afrina y can demand-and - - --all anti South At- a,ney do. 'rney tested us in Angola and found Jished on the Panama Canal question, lantic oceans a between Southern Africa us wanting. We were compelled to repeat - already a major Presidential election i and the western' !s h r N lt p e e s ot one shi orY .p-? - , I have noted that the people of our load of strategic o, not one oiler filled Only by a resurgence of our national cour- sue yore far ahead of their Govern- with petroleum or i by-products will tra- age with a determined will to preserve our merit in evaluating the challenge on the verse those shipping'- es without the ac- precious liberty at all costs can we hope to quiescence of the So t Navy:-and their }survive as a free nation. isthmus in a realistic manner. Nav i y s now adequat (A N e set the challenge.n example of such writings is a re- By the sub uganon o _'' ola, the SovietOTE. Adm, Sabin has contributed nu- cent guest editorial in the San Die j g merous articles and lectures on global prob- go Ex- Union has accomplished' ajor step in its !Pins. Prior to retiring to LaJolla, he was the amirier by Vice Adm. L. S. Sabin, a dis- quest for a dominant glob trtegic advan- Chief of Staff to the Supreme Allied Com- tinguished naval officer who has long tage. Inander, Atlantic NATO. His many sea com- been a student of geopolitical matters, in- - Columni,t Isaac Don Lev" -,believes that rnands Included Commander, Amphibious Chiding the Panama Canal. Soviet use of Cuban troops is' Iced to their Forces, Atlantic Fleet.) - In this article, he includes a discussion ispheree In We later an article in the the ern Union of the possible future use of Cuban tr : on Febr oops uary 4 1976 M Li ,,r.evne Ed that WAYS AND MEANS OVERSIGHT in the Caribbean, describes the recent Angola is being used as a testing g "' rid for action of our Joint Chi Cuba's lo SUBCO f TT e MMI s of Staff in a ooo man editi EE ANNOUNCES c-,xpeonary fo Cit- amercing with the State Department's Ing the Brezhnev Doctrine which pr us HEARING ON SUPPLEMENTAL drive for surrender of U.S, sovereignty the right of the Soviet Union to wag at SECURITY INCOME PROGRAM in any part of this planet over the Canal Zon h " w e as ere antiC unbelievable" The SPEAKERpro t s . under a ,- stresses the dangers in Soviet control hangs tliket a i oties; pear he a lo d p f th previous ord , ho e t u er o e House, the gentle th Ci cog- o er earbbean fan from Ohio {Mr. VaN,Ix) is recog over South Atlantic and Caribbean sea Cuban troops are being trained for further lanes and calls for a revival of the Mon- - use inside the Perimeter of the United States, ed for 5 minutes. roe Doctrine to counter the Brezhnev If Mr. Levine is correct in his assessment- doctrine, r. VANIK. Mr. Speaker, the Ways and this observer believe h s e isthe fl an cans Oiht Sb -ocaversgucommittee Is In order that the Congress and execu- point of trc=ible will probably be in Panama cur ly scheduling a hearing on the five border that Government may have now under the dictatorship of the Leftist SoCI ecurity Administration's sup- thle benefit of his views derived from av- Torrijos. Negotiations for a new Panama pleme security income program for perience as well as study, I Canal treaty are now being held by which the age Iind, and disabled. The hear- quote the the United States would surrender its soy hear- indicated article as part of my remarks: ereignty over the Canal Zone and its opera- rig is P1 (d for Thursday, April 8, in MILITARY-THE .SIGNIFICANCE of ANGOLA tlonal control of the canal. An all-out drive the main ' ys and Means Committee 13y Vice Adm. L. S. Sabin, U.S. Navy, retired) has been launched by our State Department, room, from to 3 p.m. The scheduling "He who fails to remember history with Administration approval and with, of may be than if required by the agenda wro George Santayana; "will be compelled to ree all things, the unbelievable acquiescence of of the full cam tee. peat it." the Chairman of the Joint Chie fs General , The hearing , 1 concentrate on the For more than half a century our people r ghts would ultimately bring surrender of U.S. al lega~ have failed to heed the lessons of history as to is seaway across the Isthmus of Panama reaction of thee. i t oecuuthe rrii add nhs- thep watched the relentless advance of world which connects the Atlantic and Pacific it ativen Mari Communism. They are now- being compelled oceans under Communist control, and his.. heSSI studyegro Lions contained in to repeat that history as the Hammer of Com- tory has shown that no amount of safeguards January 26, 1976. Thu subcommittee is report, releasd monism continues to pound people of other written into the treaty will prevent this. primarily concerned about the recom- Approved For Release 2002/01/02 : CIA-RDP77M00144R000800070108-1 Approved For Release 2002/01/02 : CIA-RDP77M00144R000800070108-1 March 30, 1976 'CONGRESSIONAL RECORD-HOUSE- the business of this agency or will not be needed after the retention periods speci- fied. [K] A. Request for immediate disposal. ] B. Request for disposal after a speci- fied period of time or request for permanent retention. C. Date: 3/8/76. D Signature of agency representative: E: Title: Attorney General. 7. Item no.: 1. 8. Description of item (with inclusive dates or retention periods): Contents of sealed file which include 115 documents, 48 of which are original (some are classified Top Secret). and 67 duplicates. The contents were ordered removed from the general files of the Federal Bureau of Investigation by the Attorney General and sealed. The ma- terial relates to conversations overhead dur- ing a 1969 electronic surveillance. The sealed file consists of transcripts of conversations and memoranda . describing, summarizing and transmitting product of electronic surveillance. Documentation of the initiation, implementation and termin- ation of electronic surveilalnce project Is included in files that will be retained in the FBI In its approved Records Control Sched- ule. Continued maintenance of the records covered by this disposal request conflicts with the provisions of the Privacy Act of 1974, 6 U.S.C. 552a(e) (1), (5) and (7). 9. Sample or job no. 10. Action taken. OFFICE OF THE ATTORNEY GENERAL, Washington, D.C., March 29, 1976. Hon. BELLA S. ABZUG, Chairwoman, Subcommittee on Government Information and Individual Rights, Com- mittee on Government Operations, U.S. House of Representatives, Washington, D.C. DEAR CHAIRWOMAN ABZUG: You have asked me to have the Federal Bureau of Investi- gation refrain from destroying any material that might be, useful to a future Congres- sional oversight committee, As you know, the Bureau has, since the Senate leadership re- quested a moratorium on destruction of files January 27, 1975, refrained from destroying any materials. It has done so in abundance of good faith, but the logistical burden of this policy has been very great. The Bureau, with the concurrence (enclosed) of Senators Hugh Scott and Mike Mansfield who made the 1975 request, intends to renew its routine destruction programs described in the at- tached memorandum. You will notice that no intelligence files are sought to be destroyed. I believe the resump- tion of the routine destruction program- which is also consistent with Archival re- quirements-will in no way impede the re- sponsibilities of Congressional oversight committees and will result in a considerable savings of money. I intend shortly to author- ize the resumption of the destruction pro- gram. Sincerely, EDWARD H. LEVI, Attorney General, GOVERNMENT INFORMATION AND INDIVIDUAL RIGHTS SUBCOMMIT- TEE OF THE COMMITTEE ONGOV- ERNMENT OPERATIONS, Washington, D.C., march 30, 1976. Hon. EDWARD H. LEVI, Attorney General of the United States, U.S. Department of Justice, Washington, D.C. DEAR MR. ATTORNEY GENERAL: Thank you for your letter of March 29,. 1976 in which you inform me of your request that the Archi- vist dispose of the content of the electronic surveillance conducted In 1969 on the col- umnist, Joseph Kraft. I am gratified that you have taken this action, arud want you to know that I agree with your interpretation of Sections (e) (1), (5) and (7) of the Privacy Act. This de- cision, as far as I know, is the first interpret- ing these vital provisions of the Act. On February 24, 1976, I ,introduced a bill, H.R. 12039, to provide that the subjects of several programs, including COINTELPRO, be informed of the fact that they were sub- jected to surveillance and giving them the opportunity of having the file on them de- stroyed. The programs or operations covered by my bill include mail openings, illegal en- tries, warrantless wiretaps, monitoring of in- ternational communications, and the pro- grams known as CHAOS and the Special Serv- ice Staff of Internal Revenue, as well as COINTELPRO. I had previously, on.Janu- ary 14, 1975, introduced MR, 169 to amend the Privacy Act to provide for expunging of certain. files. I intend to hold hearings on H.R. 169, H.R. 12039 and related matters involving records of these activiles on April 13, 1976. If possi- ble, we would appreciate having your testi- mony at that time. I would, of course, also appreciate having your support for the bills. Sincerely, BELLA S. ABZUG, Chairwoman. OFFICE OF THE MAJORITY LEADER, Washington, D.C.,-March 24, 1976. Hon. CLARENCE M. KELLEY, Director, Federal Bureau of Investigation, Washington, D.C. DEAR MR. DIRECTOR: You will recall that we wrote to you on January 27, 1975, re- questing "that. you not destroy, remove from your possession or control or otherwise dis- pose of documents which might be pertinent to the investigation which was pro- vided for by S. Res. 21. We are now advised by Senator Church, as Chairman, that this moratorium is broader than necessary at this time. Accordingly, we rescind our request of Jan- uary 27, 1975, to the end that you may re- sume the Bureau's routine records disposal program. Our understanding is that the files involved In that program do not relate to security and intelligence matters. With appreciation for your cooperation, we are Sincerely yours, MIKE MANSFIELD, Majority Leader. HUGH SCOTT, Republican Leader. MARCH 4, 1976. The ATTORNEY GENERAL, DIRECTOR, FBI, U.S. SENATE SELECT COMMITTEE ON INTELLI- GENCE ACTIVITIES: Enclosed for your approval and forward- ing to the'committee is a letterhead memo- randum outlining the FBI's recommendation for the reinstitution of the Bureau's normal file destruction program. A copy of this let- terhead memorandum is enclosed for your records. This letterhead memorandum is in response to Chairman Frank Church's re- quest that the FBI obtain the concurrence of you in the reinstitution of this program. The request of Chairman Church was con- tained in his letter to me dated February 20, 1976. A copy of this letter is enclosed as well as a copy of my letter to Chairman Church dated January 27, 1975. All of the FBI's file destruction programs are approved by the National Archives and Records Service as well as furnished to the Assistant Attorney General for Administra- H 2569 tion. The problems presented by the continu- ing retention of the materials are such that I ask that this matter be handled as expedi- tiously as possible. MARCH 4, 1976. U.S. SENATE SELECT COMMITTEE ON INTELLI- GENCE ACTIVITIES Reference is made to the letter of Chair- man Frank Church to Honorable Clarence M. Kelley, Director, Federal Bureau of Investiga- tion, dated February 20, 1976, which re- quested the Attorney General's concurrence in the FBI's reinstitution of the destruction of certain FBI documents and files. By letter to the Director of the FBI dated January 27, 1975, from Senate Majority Leader Mike Mansfield and Minority Leader Hugh Scott, the FBI was advised of the U.S. Senate's intended investigation and study of intelligence activities by the FBI and other Government agencies. The scope of this in- vestigation and study was described in Sen- ate Resolution 21 of the 94th Congress. The aforementioned letter specifically re- quested the FBI not to destroy or otherwise dispose of any records or documents which might have a bearing on the subjects under investigation or relating to the matters spec- ified in Section 2 of Senate Resolution 21. That Section of the Resolution described the Senate's extensive interest in the domestic intelligence as well as foreign counterintelli- gence activities of Executive Branch agencies Including the FBI. In accommodation of that request, Direc- tor Kelley immediately issued instructions to all offices and divisions of the FBI estab- lishing a moratorium on the destruction of all records of whatever description. In retro- spect, the FBI now feels that the moratorium need not have been as all-encompassing as that, but this was done to assure that there could be no question of its intention to com- ply fully with the request with regard to the preservation of relevant records in which the Senate might develop an interest. It is now more than one year.since the in- ception of the moratorium on the FBI's regular records destruction program. For your Information, the FBI's regular destruc- tion program, as approved by the National Archives and Records Service and the De- partment of Justice, is designed to prevent retention of masses of records well beyond the period during which they may serve a useful purpose. Further, our records destruc- tion program, as approved by the National Archivist, permits the destruction of those records which are deemed to no longer possess evidentiary, intelligence, or historical value. The moratorium, which was not ex- pected to last as long as it has, has created substantial administrative burdens not only at FBI Headquarters but throughout the_59 field offices. The suspension of sound records management and file destruction practices in many areas is causing very substantial space and storage problems. The FBI now proposes that that portion of its records destruction programs which do not pertain to or concern classifications of files which would fall within the general description of "security files" be reinstituted. Those files which would not be affected by the reinstitution of the file destruction pro- gram would include all files on domestic in- telligence matters, extremist matters, racial matters as well as foreign counterintelligence matters. The files which the FBI proposes to resume routine destruction of in accordance with its established records retention plan Include the following: files relating to crimi- nal investigations, suitability or applicant- type investigations, correspondence files, and files of an administrative nature generally. Approved For Release 2002/01/02 : CIA-RDP77M00144R000800070108-1 H 2570 Approved For Release 2002/01/02 : CIA-RDP77M00144R000800070108-1 CONGRESSIONAL RECORD -HOUSE March 30', 1976 SELECT COMMITTEE To STUDY Gov- ERNMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVI- TIES, - Washington, D.C., February 20, 1976. Hon. CLARENCE M. KELLEY, Director, Federal Bureau of Investigation, Washington, D.C. DEAR DIRECTOR KELLEY: I have considered your letter of January 12, 1976, regarding the request of the Majority Leader and the Mi- nority Leader on January 27, 1975, that the FBI not destroy any records which might have a bearing on matters specified in Sen- ate Resolution 21. The Select Committee deeply appreciates your instructions issued immediately after the request establishing a moratorium on de- struction of all FBI files of whatever descrip- tion. We understand that this moratorium has been costly and has produced substan- tial administrative burdens. Therefore, the Select Committee would raise no objection to the resumption of de- struction of certain records which would have no relationship whatsoever to the mat- ters specified in S. Res. 21. We are concerned, however, that resumption of routine destruc- tion in accordance with your established Records Retention Plan may result in de- stroying materials which might be of use in connection with the work of a future Sen- ate committee engaged in oversight of the FBI. Consequently, we suggest that you confer with the Attorney General so as to ensure that he is satisfied that reinstitution of de- struction under the Records Retention Plan is consistent with his policies regarding the availability of materials for future Congres- sional oversight, as well as for effective su- pervision of the FBI by the Attorney Gen- eral. I will be happy to recommend to the Ma- jority Leader and Minority Leader that they endorse resumption of records destruction, upon receipt of notification that the Attor- ney General has approved such destruction after considering the concerns stated above. Thank you again for your continued co- operation with the Select Committee. Sincerely, . OFFICE OF THE ATTORNEY GENERAL, Washington, D.C., March 1, 1976. Hon. BELLA S. ABZUG, - Chairwoman, Subcommittee on Government Information and Individual Rights, Com- mittee on Government Operations, Ray- burn House Office Building, Washington, D.C. DEAR MADAM CHAIRWOMAN: I have your letter of February 24 which requests that the moratorium on destruction of filer.and rec- ords be extended "until such time as Con- gress has had an opportunity to act on legis- lation dealing with this. matter." I have referred your letter to various offi- cials in the Department of Justice for a fur- ther analysis of the effects of such a general postponement. I realize that the postpone- ment is related to investigations of the Pike and Senate Select Committees, but this con- stitutes a broad area. As soon as I have their analysis and recommendations, I will write to you again. I do want to point out, however, that one matter of special interest to the Edwards Subcommittee of the House Judiciary Com- mittee was the adoption of procedures for the destruction of some material, and I thought it was considerable progress when our guidelines committee adopted as a mat- ter of principle that there should be some weeding out of files. In addition, there are some instances where retention of material- might be opposed by those who were the subject of the material. As you know, the request that the Depart- ment retrain from destroying documents came from the Senate leadership, and no similar request was made by the House lead- ership. Sincerely, EDWARD H.LEvr, Attorney General. HOUSE OF REPRESENTATIVES, GOV- ERNMENT INFORMATION ANDIN- DIVIDUAL RIGHTS SUBCOMMITTEE OF THE COMMITTEE ON GOVERN- MENT OPERATIONS, Washington, D.C., February 24, 1976. Mr. GEORGE BUSH, Director, Central Intelligence Agency, Washington, D.C. DEAR MR. BUSH: This Subcommittee has jurisdiction of government information policy, including the Privacy Act of 1974 and the Freedom of Information Act. As you know, during the inquiries con- ducted by the House and Senate Select Com- mittees on Intelligence, your agency agreed to refrain from destroying files and records relating to their investigations. The Pike Committee's tenure has expired and the Church Committee will report shortly. We write now to request that the mora- torium on destruction of files and records be extended until such time as Congress has had- an opportunity to act on legislation dealing with this matter. Please-affirm-to this Subcommittee, within 10 days, that it is your intention to honor the ban on destruction of data in accordance with our request. Sincerely, BELLA S. ABZUG, Chairwoman. THE GENERAL COUNSEL OF THE TREASURY, Washington, D.C., March 4, 1976. Hon. 13ELLA S. ABZUG, Chairwoman, Government Information and Individual Rights Subcommittee, Com- mittee on Government Operations, House of Representatives, Washington, D.C. DEAR MADAM CHAIRWOMAN: This responds to your letter of February 24, to the Secretary requesting that the Treasury Department continue to refrain from destroying files and records of interest to the House and Senate Select Committees on Intelligence until such time as Congress has had an opoprtunity to act on legislation in this area. In January, 1975, the leadership of the Senate requested that we not destroy records or documents which might have a bearing on the subjects- under investigation. The Treasury Department complied with that request with certain necessary execptions of which the SelectCommittee was made aware. Those materials which have been excluded from operation of the destruction embargo include general tax related information of the Internal Revenue Service, investigative and protective intelligence files of,the Secret Service, and criminal investigative files of other law enforcement units of the Treasury Department. The common bases for exempt- ing these materials from the destruction em- bargo are that they are normally destroyed routinely in accordance with records disposal schedules and that continued maintenance of unnecessary files in these systems will in- terfere with the effective use of relevant law enforcement and tax information and will impose substantial records storage burdens. In no case have we destroyed files or rec- ords which we believed might be of interest to the inquiries of the Select Committees. Thus, for example, the Internal Revenue Service has preserved the files and records relating to its Special Services Staff and the Secret Service has preserved its files and records relating to the investigation by the Warren Commission.of the assassination of President John F. Kennedy. The Treasury Department will continue to preserve this type of files and records for the duration of the Senate Select Commit- tee's tenure. Arrangements for the proper disposition of Treasury Department files and records held by either of the Select Commit- tees will be discussed with the Senate and House leadership as appropriate, and the destruction of any information will be made in accordance with Presidential directives and as otherwiseprovided by law. Should the Subcommittee have any ques- tions, they may be directed to Mr. J. Robert McBrien, Office of the Secretary, our liaison with the Select Committees. Sincerely, RICHARD R. ALBRECHT, General Counsel. DEPARTMENT OF STATE, Washington, D.C., March 19, 1976. Hon. BELLA S. ABZUG, Chairwoman, Subcommittee on Government Information and Individual Rights, Committee on Government Operations, House of Representatives, Washington, D.C. DEAR MADAME CHAIRWOMAN: Secretary Kis- singer has asked me to respond to your let- ter of February 24, 1976 in which you re- quested that Department of State files re- lating to the House and Senate Select Com- mittee on Inelligence not be destroyed. In a letter to the Secretary dated January 27, 1975 Senators Scott and Mansfield re- quested that the Department not destroy or otherwise dispose of records or documents which might have a bearing on the investiga- tion conducted by the Senate Select Com- mittee. We have complied with their request and, at the appropriate time, intend to dis- cuss the matter further with them. - It Is our position that the maintenance of files and records, and their destruction shall be governed by the appropriate laws and reg- ulations. Sincerely, ROBERT J. MCCLOSKEY, Assistant Secretary for Congressional Relations. - CENTRAL INTELLIGENCE AGENCY, Washington, D.C., March 8, 1976. Hon. BELLA S. ABZUG, Chairwoman, Subcommittee on Government Information and Individual Rights, Committee on Government Operations, House of Representatives, Washington, D.C. DEAR MADAME CHAIRWOMAN: This is in re- sponse to your letter of 24 February 1976 regarding the disposition of CIA records which are the subject of inquiry by the Sen- ate and House Select Committees on Intel- ligence. The. moratorium on the destruction of Agency documents as requested by Majority Leader, Mike Mansfield, and Minority Leader, Hugh Scott, by letter dated 27 January 1975 is still in effect and will be the subject of discussion by the Agency with them. Destruction of Agency material will be in accordance with Presidential directives and as permitted by law. Sincerely, GEORGE BUSH, Director. THE DEPUTY SECRETARY OF DEFENSE, Washington, D.C., March 5, 1976. Hon. BELLA S. ABZUG, - Chairwoman, Subcommittee on Government Information and Individual Rights, Committee on Government Operations, House of Representatives, Washington, D.C. DEAR MS. CHAIRWOMAN: Secretary Rums- feld has asked me to reply to your letters to the Secretary and the Director, National Security Agency regarding the moratorium Approved For Release 2002/01/02 : CIA-RDP77M00144R000800070108-1 Approved-For Release 2002/01/02,: CIA-RDP77M00144R000800070108-1 March 30, 1976 CONGRESSIONAL RECORD -HOUSE H 2571 the investigations of the Senate and House Select Committees on Intelligence. The moratorium requested by Senators Mansfield and Scott remains in effect and the Department of Defense continues to se- cede to that request. Moreover, arrange- ments have been made with Representative Pike to ensure that the material that was made available to the House Select Commit- tee on Intelligence will be preserved intact. We also anticipate arrangements to that ef- fect will be worked out with the Senate Select Committee on Intelligence. Sincerely, FEDERAL ELECTION CAMPAIGN ACT AMENDMENTS The SPEAKER pro tempore. Under a previous order of the House, the gentle- man from Connecticut (Mr. DODD) is recognized for 5 minutes. Mr. DODD. Mr. Speaker, I rise In sup- port of H.R. 12406, the- Federal Election Campaign Act Amendments of 1976. In recent years the Ameran public has be- come justifiably disheartened and disil- lusioned with the political process and in dealing with this legislation they are looking to the Congress to pass a bill which will guarantee fair and just ad- ministration of Federal campaign laws and insure an open election process. For this reason I support the efforts of the House to reconstitute the FEC and plan to vote in favor of final passage. However, the rule under which we are considering this bill today will not per- mit me to offer an amendment I had planned to submit and I, therefore, would like to take this opportunity to explain my amendment which would add two Independent commissioners to the six partisan FEC commissioners already provided for in this bill. Let us remember that the purpose of this bill is to insure the integrity of the electoral system. By adding two inde- pendent members, unaffiliated with any organized political party, we would in- sure that all elements of the American electorate will be represented on this Commission. As the Commission is pres- ently constituted, only representatives of organized political parties can be mem- bers of the Commission. According to recent studies this means` that the 41 percent of the American electorate who identify themselves first as Independents and are unaffiliated with any organized party have no representation at all. There has been a significant trend in the last 20 years with the number of voters identifying themselves as Inde- pendent increasing from 22 percent in October 1952 to 41 percent in November 1973. We in Connecticut are particularly aware of this trend because the registra- tion figures In our State show that nearly as many voters are registered as Inde- pendent or unaffiliated with any party- 36.3 percent as are registered as Dem- ocrats-36.8 percent-and More than are registered as Republicans-26.9 percent. In the four counties of eastern Con- necticut which comprise my district, two are even higher than the statewide figure with New London Independent registra- tion at 43.4 percent and Tolland County at 40 percent. The remaining two coun- ties each have an Independent registra- tion of 34 percent. _ It has been argued that any effort to add people to the Commission from out- side the two major parties will serve to further weaken the two-party structure. I certainly do not accept this argument because I ardently support our two-party system. Furthermore, I think that this argument belies the facts and statistics because figures demonstrate that people are increasingly refusing to identify themselves with any organized party. The trend over the last 20 years shows that this Is more than a passing phe- nomenon, and I believe we must face the reality of the situation by recognizing the existence of this large segment of the American electorate. I also believe that the independent and unaffiliated voters make a healthy contribution to our election process, and I think it is only just that we recognize their participation by giving them repre- sentation within the system. It is for this reason that I offer my amendment to provide -them representation on the Federal Election Commission. VOTING ON NUCLEAR POWER The SPEAKER pro tempore. Under a previous order of the House, the gentle- man from California (Mr. TALCOTT) is recognized for 5 minutes. Mr. TALCOTT. Mr. Speaker, it is not often that I can applaud a Washington Post editorial for commonsense, under- standing of faraway California Issues, or special appreciation for future genera- tions. When I can, I must; and I there- fore applaud and recommend for your consideration the editorial of March 27, 1976, entitled "Voting on Nuclear Pow- er." Proposition 15 is designed to impose a moratorium on nuclear powerplants until they are determined to be risk-free by two-thirds of the State legislature. This issue, of course, is complicated and emotional and many advocates are using the debate to obscure, rather than clarify, the issue. I thank the Washington Post for ex- panding the debate by thoughtful ana- lysis which avoids the emotional rhetoric and the scare tactics which were mount- ing daily in California. It is useful to step back, look ahead, and think through. It is too easy to miss the forest for the trees and become en- gaged in very narrow arguments which serve mostly to reinforce our long held positions which may have little objectiv- ity and perspective. The Post has made a valuable contri- bution to the debate on the Proposition 15 by giving perspective to the underly- ing issues. How do we assess risk-present and_ future? How do we satisfy needs-now and in the future? What lifestyle do we want-for our- selves and the next generations? Do we wait and see, stop and stand still? Do we narrow our choices and alterna- tives or do we expand and pursue them? We can improve the safety, we can develop the technology, we can continue the research, we can expand our future, we can maintain our standard of living- but not if we vote for the moratorium. If the Post can vote "no," I guess I should. I urge you to read the Post edi- torial before you vote. I insert the editorial at this place in the RECORD: VOTING 9x NUCLEAR POWER The California primary early in June will have more of national interest to it this year than presidential politics. On the ballot is another of those proposals-this one known as Proposition 16-with very broad implica- tions. If it is adopted and subsequently held constitutional, Proposition 16 may be the death knell for nuclear power plants in Cali- fornia. And, if this turns out to be the case, opponents of nuclear power are likely to re- gard it as a signal that voters and politicians everywhere can be persuaded that such plants are too dangerous to be allowed. The campaign for Proposition 16 is not be- ing cast in such sweeping terms, The pro- posal on the ballot is called a Nuclear Safe- guards Act and is being promoted as a safety measure or, at most, a moratorium on nu- clear plants until they meet certain safety standards. The trouble is that the standards are such that almost by definition they could not be met. One, for Instance, requires that the state legislature, after a complicated hearing process, determine by a two-thirds vote to each house that nuclear wastes can be stored so that there is no reasonable chance of any of its radiation ever escaping and hurting anyone or anything in Cali- fornia. Among the kinds of radiation escapes to be considered are those that result from improper storage, earthquakes, theft,-sabo- tage, acts of war or government or social in- stabilities. We don't see how conscientious legislators could vote that there was "no reasonable chance" nuclear radiation from such wastes could not escape during, say, a war or revolution. The real issue, then, on the California bal- lot Is a yes or no to nuclear power plants. That, in our view, Is not only too simple and stark a question to pose, it is also the wrong question being addressed to the wrong audi- ence. The basic question that needs answer- ing now is whether this country wants to have available over the next 25 or 30 years more electricity than it now has or whether it wants to go with what there Is. If the answer is more electricity, as we believe it is, the choice is whether such additional elec- tricity will come from nuclear fission, the burning of more coal, the importing of more oil or some combination of all three. If the answer is that there is to be no substantial increase in generating capacity-decisions must be made on how to allocate what Is available (rationing or higher prices?) and how to change the nation's lifestyle to reduce substantially the present per person usage of energy. These are questions that have to be answered nationally and not on a state by state basis. Too much of the debate on energy issues these days is too narrowly focused. Nuclear plants, we are told, are too dangerous to be permitted; coal mining is too destructive to people and countryside to be expanded; off- shore oil presents too serious a threat to the coastal environments to be allowed; im- ported oil makes the nation too dependent on the whims of others. None of these mat- ters can be considered adequately in such splendid Isolation. The risks of nuclear power plants, for instance, need to be judged against the risks of the alternative power sources and, in the case of coal, these involve everything from black lung disease to air pollution. The easy answers, of course, are the claims that solar, thermal and fusion power will Approved For Release 2002/01/02 : CIA-RDP77M00144R000800070108-1 Approved For Release 2002/01/02 : CIA-RDP77M00144R000800070108-1 H 2572 CONGRESSIONAL RECORD -- HOUSE provide the new energy we really need and that the nation can cut its energy usage sub- stantially if it wants to. But no one we have encountered in the energy field believes that sources other than oil, coal, gas or fission will provide much of our energy needs in this century. And the evidence of the last two years is that conservation and even enormous price increases do not reduce energy con- sumption; they merely lower the rate at which its use increases. Underlying much of tle effort being made in California against ;',xclear power is a be- lief that the nation uld be better off- physically and morally .f it adopted a life- style in which energy kos less important. That is a belief that des eaves to be argued, tested and explored on its Own merits. But it is not one that we should hack into blindly because of public rejectiorr one after an- other-of individual energy sources until no alternative to a change in lifestyle and living standards is available. We do not think all the answers are in yet to legitimate questions that haie'been raised about the safety of nuclear pd v4 plants- particularly about theplanned e t genera- tion of breeder reactors. But war~p uld not like to see this option for Americkn's future energy needs ruled out, until it, i! much clearer that the comparative risks o other energy alternatives are substantia y -lower or that the national is ready for clastic change in the way its people live an Work. UNEMPLOYMENT IS STILL WI tieman from Michigan (Mr. RuPPE) the vetoed $6.1 billion Public Works Em- ployment Act, may be dead, but our un-i= employment problem is still very much with us. The national unemployment rate was 7.6 percent in February, and preliminary figures indicate that 29 States had jobless rates of more than 8 percent during the month of January. Like many of my congressional col- leagues, I feel that concrete action to combat this problem is long overdue; but I am reluctant to imperil the economic recovery which has already occurred by applying too much stimulus to the econ- omy. On February 26 I therefore intro- duced a $3 billion compromise public works employment bill, H.R. 12166, which resurrects two portions of the vetoed bill-title I and section 303 of the title Ill-while allowing its costliest and most controversial portions to rest in peace. Like the vetoed measure, this bill au- thorizes $2.5 billion through Septem- ber of 1977 for 100 percent grants to State and local governments to speed the construction of local public works project. This grant program would only be in effect when the national unemploy- ment rate exceeded 6.5 percent for 3 consective months, and 70 percent of all grant moneys would be earmarked for areas in which unemployment surpass- ed the national average. In addition, this bill would authorize $500 million to extend title X of the Public Works and Economic Development Act for another 9 months to fund small job-creating projects through various Federal agen- cies and departments. H.R. 12166 does not include authorizations for coun- tercyclical aid or wastewater treat- ment plant construction-authorizations which the House did not approve in the first place-for a savings of nearly $3 billion. The AFL-CIO Building Trades Coun- cil has estimated that title I of this bill will generate approximately 250,000 jobs in construction and related industries, and the Commerce Department has esti- mated that $500 million in title X grants will provide immediate work for an addi- tional 100,000 people. As a result, this bill should provide Jobs for more than half of the individuals who would have been employed under the vetoed bill at less than half the cost. Moreover, this bill was specifically de- signed to avoid the long leadtlmes some- times associated with public works Jobs. It compels the Secretary of Commerce to approve or disapprove grant applications within 60 days of their submission and specifies that grants can only be awarded to projects which can get underway within 90 days. The jobs created by this bill would be in the private sector, in industries which have been particularly hard hit by the recession. We would therefore be adding real-strength to the economy at the same time that we would be providing the un- employed with meaningful and produc- tive public works jobs. The schools, hos- pitals, libraries, courthouses, and other public buildings which would be con- structed or repaired as a result of this legislation will benefit American com- munities for decades to come. In my view, this bill would give us a sensible, effective, and efficient way to si eeach portion of the vetoed bill on i n merits. ' reintroducing this bill today with a n ` er of cosponsors from both polit- ical aes and plan to introduce it again in ture with additional cosponsors. % urge any Member who I wo th is int eted in adding his or her name to thi ompromise public works employ- ment N1 to contact my office. TZMAN addressed the rks will appear here- A BILL TOGNATE A HOSPITAL ! AS THE J. S A. HALEY VETER- ANS' ADMINISTRATION HOSPITAL (Mr. SIXES asked and was given permission to extend his remarks at this point in the RECORD.) Mr. SIKES. Mr. Speaker, on behalf of the entire Florida congressional delega- tion in the House, I am introducing a bill today to name the Veterans' Admin- istration hospital located in Tampa, Fla., the "James A. Haley Veterans' Adminis- tration Hospital." March 30', 1976 Such an honor will be a proper and fitting tribute to JIM HALEY who has championed the rights of veterans all the years he has been in the Congress. Through his tireless efforts and years of dedicated service on the Veterans' Affairs Committee, the veteran population throughout the Nation now has access to greatly improved medical programs and significantly expanded hospital facilities. Prior to Mr. HALEY'S service in Wash- ington, he was an outstanding member of the Florida Legislature and his leader- ship talents were directed in Consider- able measure to legislation benefiting veterans and their families, - When Mr. HALEY Came to Congress in 1953, he was assigned to the House Com- mittee on Interior and Insular Affairs and the Committee on House Adminis- tration. In 1955, he accepted an assign- ment to the House Committee on Vet- erans' Affairs. As a veteran, he had a deep and sincere interest in all veterans and their dependents. As a Floridian, he felt that Florida's rapidly growing vet- eran population should have representa- tion on a committee which is so very important to his State. He served on the Hospitals Subcommittee for 18 years and was chairman of the subcommittee the last 8 years. This subcommittee has oversight over the 166 VA hospitals and the entire VA medical program through- out the United States. After becoming chairman of the Inte- rior and Insular Affairs Committee in 1973, Mr. HALEY relinquished his seat on the Veterans' Affairs Committee. His new responsibilities would leave him but little time for any other committee assignment, and, in his characteristic unselfish way, he wanted to provide an opportunity for another Member with fewer responsibili- ties to devote more time to the needs of the Nation's veterans. During his service on the Hospitals Subcommittee, Mr. HALEY helped bring about the construction of three new Florida Veterans' Administration hospi- tals-Gainesville, Miami, and Tampa- and the modernization of the VA hospi- tal facilities at Lake City and Bay Pines. During this same period, Florida's VA hospital beds were increased from 1,353 to 3,501. Congressman HALEY's work na- tionwide was equally important. He helped to build needed hospitals and to improve veteran facilities in other areas, and he was instrumental in preventing the closing of VA hospitals and regional offices in areas where he considered their contributions essential. In short, Mr. Speaker, JIM HALEY fully deserves the recognition I now propose. His many years of hard work and con- centrated efforts on'behalf of all veter- ans has earned their respect and ad- miration. I am very hopeful that the Veterans' Affairs Committee will expedite a favorable report on this proposal to bestow the name of a very distinguished Floridian on a needed veterans' hospital as proper recognition for his long years of service to America's veterans and their families. This bill should have the unani- mous approval of the Congress during the current session. I know that all of you join me in wanting Jim HALEY to be able to smell the flowers he so richly deserves. Approved For Release 2002/01/02 : CIA-RDP77M00144R000800070108-1