CONGRESSIONAL RECORD - SENATE
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP77M00144R001100190012-0
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
20
Document Creation Date:
December 19, 2016
Document Release Date:
April 14, 2005
Sequence Number:
12
Case Number:
Publication Date:
June 26, 1975
Content Type:
OPEN
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CIA-RDP77M00144R001100190012-0.pdf | 2.04 MB |
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^UNCLAS I FI D INTERNAL i~x~=~~!-
pp ved For lel ?b MI/12/14: CIA-RDP77 14 RW?7U019 %2-0
IX gaSl
^ SECRET
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
---
FROM:
EXTENSION
NO.
--------- ---------
Acting Legislative Counsel
7D49
DATE
27 June 1975 25X1
TO: (Officer designation, room number, and
DATE
building)
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column aher each comment.)
Director
Attached for your information are
three items of interest from
2.
- -
---
--`
Thursday's Congressional Record.
First is a statement by Senator
Mondale regarding the Rockefeller
3.
--
-
Commission findings. Mondale
begins by emphasizing the necessity
- -
for a CIA and a covert action capa-
4.
T
bility. He praises the "reasonably
thorough" Commission investigation,
but criticizes many of the recoin-
5.
-
-` --
---- '
mendations of the Commission as too
weak. He singles out the Commissio
-
recommendation on the sources and
6.
- -
`-
-^`
methods legislation for special
attack. He shows considerable
misunderstanding of the proposal
7.
in equating it with the UK's Official
Secrets Act.
B.
Representative Badillo (D., N. Y.)
has introduced a bill to create a
special prosecutor to investigate and
9.
prosecute violations of any federal
statute by CIA or any other intelli-
gence agency employees. Badillo
10.
says this is necessary in light of the
delegation by the Department of
Justice to the CIA of the authority to
t t.
investigate possible criminal
offenses'.
12.
Senator Mathias took issue with an
editorial by Hanson W. Baldwin
printed in The New York Times on
13.
the dangers of the current investi-
gations. Mathias wrote to the Editor
and has placed his letter and the
14.
original editorial in the Record.
STAT
15.
Acting Legislative Counsel
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FORM
FORM 61 O USE EDITIONS PREV3-62 IOUS ^ SECRET ^ CONFIDENTIAL ^ INTERNAL ^ UNCLASSIFIED
(1N1 Y
June
26,,1975 ~tof G0512 RECORD--SEl~1AT S11609
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tern as applied to employee performance and feller Commission on CIA activities circuit the legislative rocess that the
its influence on the responsiveness and ac- within the United States has been pub- cu'cums antes re uire b means of Ex-
countability of Federal employees to the pub- lished, we have had an opportunity to ecu lye oT ers.
lie interest; and consider its findings, its conclusions anal In this br f address, I want to start
(6) any other aspect of the Federal bu- begin to come to grips with its recom- the debate on the appropriate iaeme-
re denty y and p may rovide the improve American governmental people mendations. It opens up many crucial dies for the abuses and issues uncov-
which eilicte'nc
with a government more in tune. with the issues concerning our constitutional ered by the Commission report. The
need for change. rights, the functions of our Government Senate select committee will be delving
Sec. 4. (a) For the purposes of this reso- and the protection of our individual into these and other related matters in
lution, the select committee is authorized liberties and national interests, great detail, but nonetheless, I believe
in its discretion (1) to make expenditures i approach the Commission report and we can at least begin the dialog, start-
from the contingent fund of the Senate, (2) m res onsibi 1 es as a memo ing with the recommendations in the
to employ personnel, (8) to hold hearings. Sfina ee ecvommit~eeonn e 1 fence Rockefeller report.
(4) to sit and act at any time or place dur- a er Wl 71EP,tl i will not try to deal with all 30
ing the sessions, recesses, and adjourned p~
periods of the Senate, (5) to require, by 4-CentralIntelligence An- ll:Y We need recommendations. Rather, I want to
subpena or otherwise, the attendance of a thorough and coordinated intelligence focus first on those areas which are use-
witnesses and the production of correspond- a ort so as-to-provide our Government fully opened up by the report, but which
ence, books, papers, and documents, (6)- to a soun~C es nossl for_ _U= require further treatment; and second
take depositions and other testimony, (7) to diplomacy and our defense. An L be- on those areas in which I believe the
procure the services of individual consult- ieve ere ma Fe a roe or certain recommendations are inadequate to the
ants or organizations thereof, in accordance covertac ns, particularly s is EC- point of where our constitutional lib-
ative Reorganization ith the provisions zsection Act 2o of f 194 46, the as essa~ =counter Fie covert actions of erties could be jeopardized. I-egisl amended,. and (8) with the prior consent o f our adversaries. s n t is spirit that The subjects lisefally a
amen ddressed . but
the Government department or agency con- T rave care u 1 s u ie the rye orrtt of not adequately considered include:
cerned and the Committee on Rules and Ad- fie iOC eer ,ommlSSiOn on flaflljG CIA relations with state and local police;
ministration, to use on a reimbursable basis aetivi ies. Constraints on physical surveillance;
the services of personnel of any such depart- 1 e it is clear that the Commission. The problem of overseas connections with
ment or, agency. did not the mallidate 0 a ress -ll domestic crime, especially narcotics;
of foreign intolli-
any other committee of the Senate, the select o e m 1y r tan ue con- genre in the United States;
committee may utilize the facilities and the cerning the intelligence activities of e The responsibility for counterintelligence
services of the staff of such other committee ' ni d States, t a Te]~tor i~ a se Oils activities.
th
hil
s
w
e a of come -b
of the Senate, or any subcommittee thereof, and wor
First, the report documents the fact
whenever the chairman of the select com- wwlth the aloe abUSes carriedout y that the relationship between the CIA
mittee. determines that such action is neces- the CIA in their domestic eratianS. and State and local law enforcement
sary and appropriate. The Commission Mould die Tvenn credit
(c) Subpenas authorized by the select i lligence within the United To get a clear picture of this problem, ligence alone, once he determines that
States. He-etofore, that mission largely it Is important to go behind the, "don't" the investigation is necessary to protect
has been the province of the FBI. If I language of the recommendations and intelligence sources and methods, the dis-
read them correctly, the recommenda- focus on the exceptions which constitute closure of which -Might,- let me stress
the list of "do's" for the CTA. The excep- "might," endanger the n:ltional security.-
Recommendation I.
tions set forth a wide variety of actions P. 13.
'- pp. 233-.334.
"p. 39.
~u
-2
?p. 59.
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June 26, -197 C NGg~ SIONAL RECORD --SENATE S 7.1611'
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This particular provision, recommen Mr. President, there are no strict rec- ow please no that this recom-
tion No. 18, also makes the point that ? ommendations for legal changes which mended statute would operate even if no
such investigations must be coordinated they make. In effect it calls for the adop- harm were done to the national defense
with the FBI whenever substantial evi- Lion of an Official Secrets Act here in the or to our diplomacy. And it does not dp-
dence suggesting espionage or violation Tani ed fates. ~Je never-may h d one. ply to espionage-that already Is a crime.
of Federal criminal statute is discovered. and what it would say, in effect, is that But it would apply to the revelation of
This, of course, raises the question fin in effect that is classife by wrongdoing if the information were clas-
iv e {mar men o a sifted. To reveal the spying on Americans,
g
whether such investigations may go on a.n execu
when there is no substantial evidence then be protected by the force of cri- the opening of their mail, the bugging of
suggesting espionage or violation of Fed- na law from isc ostlre. It wol or their phones, or plots to assassinate for-
eral criminal statutes. In this connection, the first time ix, our Na on s 2S=-- eign leaders all could put you in Jail.
it should be pointed out that to permit make it Illy and subject to criminal The Commission asks that this stat-
Investigations of individuals in cases :Penalties for a public official in Govern- ute be drafted with ap~ropria7-_ sa
where the national security merely might, gent to d sc ose or par o a con- guards for the constitutional rights of
be endangered, and in ways that are not sph'ac,y t Iscose so-cane o cial allaffecte in ividuls,
Thl s s a defined runs the same grave. risks of secrets. able, but a conflicting, o Wee ve. ore-
abusing the concept of national security The iron of this recommendation Is over avoi s the key issue. which at
we found in the Watergate case. that it wo111C1 probab in the future pre- this law would impede the nd o sera-
Finally, recommendation No. 22 makes vent the public from knowing about tiny that the Commissian fort makes
---
clear that physical surveillance of Agen- trans cessions and violations of the law clear is necessary.
cy employees, contractors, or related per- of the kind we are now investigat I g4m How much of the information In the
sonnel l whatever that might mean-can before the Senate Select Committee on re oft I wonder was secret or to secret
be conducted within the United States telli Renee. onl a ew mon ago? Without pulie .
on the written approval of the Director of if hat were the law the last feW years, isc osure mos o e abases dacu-
Central Intelligence. it is probably likely that the American mented in the report wou d never have
people would never have known, indeed been correc e . e , s aw propOsed
I do not believe that the Congress or could not conduct an Investigation to by the Commission, could elpinsure
the American people can accept pro- determine, whether their civil liberties t11a1pub1ic scrutiny would never flap p~p
posals whereby undefined categories of had been interfered with by the CIA or ggaizi.
American citizens can be spied upon, other governmental agencies. I want to emphasize- that we need to
their privacy invaded, and possibly their I would, say that that recommendation boa e ro ec e i ima a re constitutional rights suspended, on the- is seriously deficient. It is based on Euro- our potential adversaries Rig we ne.:eCl
voucher of the Director of Central-In- pean practice. In many European coun- even more to protect our constitiitJp, i
tellige.nce. It is ironic that these provi- tries, particularly Great Britain, they are rights. The burden of proof for more laws
sions would go far to legitimize precisely now beginning, to doubt the wisdom of tan we aye a rea v ps ~rii~ne
the various abuses cited in the report and their own official secret acts. executive branch. Those h rnak pd
which has given rise to such great public Mr. President, once again it seems to s e c r e t s ust prove that they
concern. me we have to decide what is important are lus in om-so The Rockefeller Commission would in American life and, above all, it seems am no revealing any secrets when.I -
place reliance, on the personnel involved, to me it is our system of freedoms and say that the committee is concluding a
on the Inspector General and on a liberties. study of "leaks" to see whether "national
beefed-up President's Foreign Intelli- The Government is saying, "Trust us, security" in fact has been endangered in
gence Advisory Board to see that such although we have abused these liberties the past. At.this point it seems likely.
spying was kept In bounds. All this would in the past, we are now forewarned and that the greatest percentage of leaks con- .
be control after the fact, and the only you can trust us in the future." cern political issues that should in. fact
positive check would be the Director of i believe that we need trust, but I also he debated In open democratic processes.
Central In`_'lligence, who, in the past, think that the exercise of governmental The agencies will be asked to provide
has often been a witting handmaiden to power when uncontrolled, when undis- their "damage assessments" of the so-
Agency abuses. closed to the public, when unrestricted by called leaks that have occurred in the
It seems strange, that with all this clear laws, can be very dangerous in the last several years. - -? - _ --- -- -
new Executive machinery, .there is no hands of those who hold it. - In 1970, the Defense Science Board
reference to the role of Congress, or in This suspicion goes back to really the found that the volume of classified scien-
fact, the public, as the real check on basis of our Constitution. tific and technical information could be .
future abusive secret domestic intelli- As. Thomas Jefferson once wrote: reduced by 90 percent. I do net know if
Bence operations. This is a fundamental It is the tendency or things that free this percentage would also apply to dip-
defect of.the Rockefeller Commission re- dom retreats and Government gains ground. lomatic secrets, but everyone dealing -
port: Past abuses are to be remedied only Thus we should not be surprised to with the Federal Government is classify
ity for avoiding abuses is left largely in all manner of documents, sometimes to
the hands of the institutions which . stories that finally led to the current draw attention to them and sometimes
abused their powers in the past. Indeed, exposure of domestic wrongdoings and to cover up, bungling, mistakes, errors of
the report recommends giving them more the long-overdue Senate inquiry, the judgment, or just plain embarrass-
explicit authority to investigate Ameri Commission has no trouble coming up ments-not to mention misdeeds, and
can citizens. with proposals supporting legislation for crimes.
Mr. President, running through the an official secrets act. It endorses the Now, this is a pretty convenient device
lockefeller Commission report, following idea of a statute which would make it- for protecting one's power and image. I
the recital of some very serious Invasion A criminal offense for employees or for- daresay many of us in this chamber
of American liberties and the destruc- -mer employees of the CIA willfully to divulge would like to be able to classify some of
to any unauthorised rson classified in-
tion of due process with respect to many formation pertaining tope foreign Intelligence the things that we say, once we have had
American citizens, there is a series of or the collection thereof obtained during the a chance to think about them.
recommendations. course of their employment. (Recommends- The United Kingdom has an-Official
In effect, It says we will let the Director tion 21..) Secrets Act of this type a is apriar-
see if he cannot do better next time. Unless we are careful about the ways ently being proposed ny the' Roc -e elier
There are practically no recommenda- In which we develop our laws, our ad- Commission. The indication,-, are at it
tions for legal changes. Most of the rec- ministrative control and the relationship is not wor ing. A few years ago, in fact,
ommendations involve internal regula- of those agencies to the Congress, we a royal commission was appointed,
tory changes which, in effect, leave the can well once again see the commence- which was headed by Lord Franks, which
executive free to do as he pleases despite ment of what can only be described thoroughly considered all of the difficul-
a record of very serious transgressions as a secret police here in our own ties which had been encountered in their
of American civAd*r d For Release2S 12/14: CIA-RDP77M00144RdYob V 3 Mc6. Their conclusion was
S 11612 CONGRESSIONAL RECORD -SENATE
June 26,= 1975_.
that the law was far to
- ~Q9 9 ~
must be th )roughly reed" " ` R 956$ /ib te~kr~.1.1.~dt3~{ 7 Q0~ New w Ham Tr.-
Public -_---_- .- - k~.~_the en a rl P 1gPY1 g rTVITTR'... shir
p
e
_ __ DY eniorce-
ton againA 4 violation of our constitu- ment of adequate oversl ht a We need Gvoavns CALL
tional rights In this society. We must not both a new legislative framework and a Mr- MANSFIELD. loin" President, I
compromise this away. The basic ques- new political framework, within which suggest the absence of a quorum.
Lion that Dtust be faced is whether the Intelligence operations-take place, The PRESIDING OFU`ICER. On whose
recommendations of the Rockefeller The system of accountability must not time?
Commission, taken in their entirety, so stop with the President. It must em-
Mr. MANSFIELD. To be equally
insure proper operation of the CIA that brace the Congress, I hope that -the di The d.
we can for,;o the crucial protection af- President's referral of the subject of The PRESIDING OFFICER. clerk will
forded all other democratic rights by the assassinations to the Senate is a sign of call the it is so ordered. The clerk will
first-amencment of the Bill of Rights. a desire to have the Congress exercise The e roll.
As James Madison reminds us- its rightful role in these ultimate and the roll, the roll, and assistant the lollwing lowing G Senators caned
The right of freely examining public char- most difficult of responsibilities in Gov- t mn-
acter and me+asure, and of free communica- ernment. swered to their names:
Lion thereon Is the only effective guardian Any domestic CIA activities must be [Quorum No. 45 Leg.]
of every oth,rr right. - - -
carefully monitored by the congressional Allen Hart, Gary W. Pastore
The Rockefeller Commission, says of oversight bodies. Any wrongdoing must Clark Mansfield Ribicofi
the Bill of Rights that these freedoms be brought to the attention of the Con- Griffin Nunn
are not absolute. The report states that gress and the congressional oversight The PRESIDING OFFICER. A quorum
the first air: endment, as Justice Holmes bodies. And this oversight system, is not present.
noted- whether it involves a joint committee, a Mr. MANSFIELD. Mr. President, )
.??6
ti
_ e theater and causing a panic." inittees, must be as representative as
The Rockefeller Commission appar- even including rotat-
ppar- ing membership. The key to increased
ently believes that this justifies an Offi- confidence of the American people in our
cial Secrets Act. intelligence and investigatory bodies for
But a revelations which led to th
e th
t
em
o know that their views are in-
enate uiry and to the Roc efeller.- eluded in the process by which decisions
o ssion have no rove arse. In are made and authority is granted.
my view, they are muc c oser to a man Our Founding Fathers were keen ob-
truthfully shouting "fire" in' a theater servers of human nature. They knew
and thus saving lives. The Official Secrets that the only way power and liberty
Act proposegi by the Rockefeller Corn- could coexist was to pit ambition against
mission coul3 in effect make it a crimi- ambition.
real offense to sound the alarm when our Thus, in the final analysis, relying on
t1afiV an our democratic institutions the basic principle of government by
ire jeopardized by secret Government checks and balances is the only way to
operations. restore the confidence in our intelligence
In reviewing these concerns about the agencies so they can get on with their
recommen dons o t e Rockefeller basic and vital job.
Cmm- fission. am led- object to one In considering this question of con-
of the reDO
t'
s mos
r
t
b
asic con 1 lone fid I
ence
,
, am reminded of Thomas Jef-
`.C'he Rockef`elle r Commission report ferson's clear exposition on the issue and
states a how it relates to the preservation of
Th
e evident j within thef thi i
sco
e
d
p
osn-
-that fundamental
rewri ng o e National Security c Is
either necessa Y or appropriate.
I believe tk.at this is clearly wrong. It
S a so U necessary for a on ?ess
itself to write the most explicit guidance
in law t at it possibly can concerning the
,u o , an a jurisdiction, o the
tIA o e ,an ot eo 'Mera,
e
roves rga ry bodies. is absolutely
ap-
>rOAri or won resS raw a,iile
between what .is proper and what s not,
bot at F ome and abroad. We must m e
i-rear the coil tions an terms under
cis vaTous CTA ac v les can e
t; ace an on' w o s sayso. we must e-
ing or rep ace such terms as "national
,C,'curt y, sources anmethods," and so
For the American people to onceagain
? lave confidence in its Government, and
a its intelligence operations, this difficult
ask of reconciling liberty and freedom
'n the one hind, and the requirements
IX national security and secrecy on the
ther, must nct be left solely to the exec-
;tive branch; it must be an act of con-
ensus, taken fry the entire Federal Gov-
;?rnment, and in particular, the repre-
santatives of the people in Congress.
Laws alone are not enough, aswe have
emocracy. In the Kentucky Resolution
of 1798, he said:
It would be a dangerous delusion were Q
silence our fears for the safety of our rights:
that confidence is every the
y parent
of despotism: free government is founded
in jealousy and not in confidence; It is
jealousy and not confidence which prescribes
limited Constitution to bind down those
h
rected to request the attendance of ab-
sent Senators.
The motion was agreed to.
The PRESIDING OFFICER The
.
Sergeant at Arius will execute the order
of the Senate.
Pending the execution of the order, the
following Senators entered the Chamber
and answered to their names:
Abourezk
Glenn - Moss -- -
Baker -
Goldwater Muskie -
Bartlett
.
Gravel
Nelson -
Bayh
.
Hansen Packwood
Real]
Hart, Philip A,. Pearson
Bellmon
Hartke Pell
isentsen
Haskell Percy
Bides
Hathaway - Proxmire
Brock
Helms Randolph
Brooke
Hollings -
Roth
Bumpers
Hruska
Schweiker
Burdick
Huddleston
Scott, Hugh
Byrd, -
Humphrey
Sc
ot
t,
Harry P., Jr.
Inouye
W
il
liam L
Byrd, Robert C. Jackson
.
Sparkman
Cannon
Javits
Stafford
Case
Johnston
Stennis
Chi) es
Kennedy -
- Stevens
Church
Laxalt
Stevenson
vn
Leahy
Stone
Culver
Culver
Long
Symington
Curtis
Magnuson
Taft
Mathias
Talmadge
R `spiel
McClellan
Thurmond
Teton
McClure
Tower
iastland
McGovern
Weicker
7 annin
McIntyre
,
Williams
'gong
Metcalf
Young
bard
Mo
ale
tarn
g
Morgan -
W
om we are obliged to trust with power: Mr. ROBERT C. BYRD. I announce
that our Constitution has accordingly fixed - that the Senator from California (Mr.
the limits to which and no further our con- - VNNEY), and the Senator from Wyo-
fidencemay go.
ming . (Mr. McGEz) are necessarily
m..
at is
-- .. -
th
Ti: seams t
o
_-direction In which we must consider the
report of the Rockefeller Commission and
with which we must approach the task of
dealing with the transgressions of Intel-
ligence collecting agencies in our society
over the past several years.
DETERMINATION OF SENATE ELEC-
TION IN NEW HAMPSHIRE
The PRESIDING OFFICER (Mr. GARY
of death in the family.
an the Senator from Oregon (Mr. HAT-
Fr n) are necessarily absent.
e ACTING PRESIDENT pro tem-
p re (Mr. LEAHY). A quorum is present.
is
the parliamentary situation?
The ACTING PRESIDENT pro tem-
pore. We are now in the 1 hour of debate
preceding the vote on cloture. -
Mr. CANNON. What time will the live
already seen. ::"Many laws on the statute determination of the untested election i
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tors that I am proposing would be self- domestic economy. Instead of imposing that; availability of oil and equipment and
supporting, with the company or coun- high prices on the American people, such personnel shortages-not price-are the real
try requesting the service paying a USDA a program should emphasize reasonable constraints on production, once the price goes
fee. and equitable conservation measures and beyond $7.
The Senate Agriculture Committee has - encourage greater competition in deter- The other major opposition to restraining
domestic oil prices comes from ideologues In
begun hearings on the grain inspection mining the price of oil. Such a program the Ford Administration whose-opposition to
scandal. I hope the House will decide to would be compatible with our, effort to `economic action by a democratic government
move on this problem soon as well. We reduce domestic energy consumption and' is so great that they see a competitive market
cannot allow our grain exports to be expand research and development on where none exists. 'Their concern for free
imperiled by corruption, I am convinced alternative sources of energy. enterprise is commendable, but they ignore
by -
t o
that we must act promptly in order to In an excellent editorial published in the facts. Foreign oil prices are set
maintain foreign grain customers. the June 24 edition of the New York has risen to the price of doma esti c oil
has risen to meet it. That is not competition;
Times, Congressman ANDREW MAGUIRE Of that is shared monopoly. And so long as mo-
New SELF`-SUFFICIENCY New Jersey addresses the critical issue of nopoly power influences the price of domestic
domestic oil prices. His comments merit oil, it must be restrained.
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Iowa (Mr. BEDELL) is recog-
nized for 5 minutes.
Mr. BEDELL. Mr. Speaker, in recent
months we have heard much discussion
in this Chamber about the need for re-
ducing our dependence on foreign sources
of oil and for attaining greater energy
self-sufficiency. There, is little disagree-
ment over the importance of these goals.
However, securing a consensus on a pro-
gram for achieving them is an entirely
diff erent matter.
The administration's energy program
seeks to raise U.S. fuel prices to artificial-
ly high levels in order to discourage con-
sumption and encourage domestic invest-
ment in energy exploration, research and'
development. On the international front,
administration officials are attempting to
secure agreement among the oil-consum-
ing nations to negotiate with the oil pro-
ducers for a minimum floor price for
foreign oil. At home, President Ford has
called for the decontrol Of domestic oil
prices and the deregulation of natural
gas, and has proposed an ERDA budget
that places a distinctly top priority on
nuclear development and synthetic fuel
production.
The focal point of the administration's
energy strategy is high oil prices. We are
all aware of how the OPEC cartel has ad-
ministered the international price of oil.
In the last 18 months, OPEC has in-
creased the price of oil fivefold, and it
has just announced that it plans another
increase for September.
The administration's response to this
price fixing has been to advocate the
negotiation of a minimum floor price for
foreign oil
.
And
,
-what is even more dis-
turbing, administration spokesmen con-
tinue to argue that the price of domestic
oil should be allowed to rise to OPEC
levels.
In my view, this high-price energy
strategy is an unnecessarily risky policy
that holds ominous implications for the
American people and the American econ-
omy. Rather than stoically accepting,
and indeed even encouraging, high en-
ergy prices, we should be implementing
a program designed to force down the
excessively high price of oil, both foreign
and domestic. Higher and higher prices
will only prolong the recession and con-
tribute to greater inflation while further
increasing the profits of the international
oil companies and decreasing the pur-
chasing power of the American people.
What this Nation needs is an energy
again this year, with a new President and
a new majority in Congress.
INVESTIGATION AND PROSECUTION
OF OFFENSES RELATING TO IL-
LEGAL CIA DOMESTIC _ INTELI I-
GENCE ACTIVITIES -
The SPEAKER pro tempore. Under a-
previous order of, the House, the gentle-
man from New York (Mr. BADJLLO) is
recognized for 10 minutes.
Mr. BADILLO, Mr. Speaker, in recent
months, we have witnessed growing pub-
lic awareness and concern over invasions
of privacy and surveillance of private
citizens by agencies of the U.S. Govern-
ment. These feelings have been fueled
by allegations in the press and sub-
sequent information released by various
Federal officials - about the extent to
which illegal, improper, and unethical
activities were engaged in by agencies of
the Federal Government in carrying out
domestic intelligence and surveillance
functions. Last week the public learned
of the shocking magnitude of these ac- -
tivities when the President finally re-
leased the "Report of the Commission
on CIA -Activities Within the United
States." ..
The
"
statements contained
in - the
RO
MO
er
ommissiOn s repot , c ar y
indicate
a persons, in -performing
various
Intel Fence an
Ti ssurveillance ac-
tivities on behalf of i~IA. exceedgcl,
that agency's lawful authorit and vio-
lated the individual rights an liberties
o American ci izens as protected by the
Constitution and many Federal statutes.
These appears to be little question that
the conduct of such acts went far beyond
that which was vital to protect the na-
tional security of the United States.
The term "national security" is a broad,
vague generality. Its contours should not
be invoked to abrogate the fundamental
law embodied in the first amendment
and specific statutes designed to protect
individual freedoms and privacy. Based
.
,
p
program that will help it gain control of trips dp e?t i ro i is i i o u t conclude that the
_
careful reflection, and I commend them The House Commerce Committee has
to my- colleagues. adopted a price rollback, authored by Repre-
The editorial follows: - sentative Bob Eckhardt of Texas, setting an
average price ceiling on domestic oil of $7.50
OPEC AND ITS PARTNERS IN MONOPOLY a barrel. While somewhat more generous to
(By Andrew Maguire) the oil industry than the costs of production
WASHxNCTON.---The Organization of Petro- justify, the Eckhardt amendment will save
leum Export Countries is a cartel -that sets consumers billions of dollars in inflated en-
the price of oil produced in the Arab states. ergy costs. The Energy Emergency Act of 1974
it should not, however, set the Brice of directed that the price of American oil would
oil produced, and consumed in America. be set in America, not around a conference
W_..o Uu4,ne,., a4.,:.,., table of Arab oil producers. President Nixon
gy sources; it is political. As OPE
yet -another price increase-to
the 1973 level for imported oil-i
lshing that Mr. Simon. and the
ministration still. argue that th
oil should rise to - whatever le
chooses.
considers
V6 times,
is aston-
price of
I OPEC
mption,
all energy - supplies. - But these
on which Congress and the Admi
agree-neither justify nor require
oil prices four times what they
Inflation and recession-a disaste
economy and for the consumer.
needs-
stration
Four months after the oil emba o, Con-
gress passed an energy bill rolling Iack the
maximum price of new, domestic it from
the $11 OPEC price to $7.09 a bar All. Presi-
Because of that veto, we paid $11;T llion
more for less domestic oil in 197 han. I,,.
1973. Two years ago the average- price of
domestic oil was $3.50 a barrel; a ear later
it was $7.05. And as a result, the 1 Indus=
try's after-tax return on equity as risen
to a level nearly 50 per cent higher. than the
business average. If the Ford Administra
tion has its way, and all price controls are
'lifted, the price will hit $13 a barrel and
more which, combined with Mr. Ford's two
$1 tariffs, will cost the economy at least
$36 billion.
If, instead, domestic oil prices were rolled
back to a level closer to what a truly free
market would set, we would save about $7
billion a year. Such a rollback would free
dollars now wasted in inflated fuel prices
to be spent in depressed areas of the econ-
omy. The $7-billion figure, developed from
Library of Congress studies, assumes the.
price of "old oil" is rolled back from $5.25
a barrel to $4.25 a barrel and the price of
"new oil" Is reduced from $11-plus a bar-
rel to no more than $7 a barrel. This pol-
icy would guarantee the oil companies aver-
age prices 50 per cent greater than they
charged just two years ago.
The industry argues that it needs unlim-
ited prices and profits as "Incentives" to drill
more domestic oil. But industry apologists
did not discover $7 to be an inadequate in-
centive until after oil prices hit $11. In 1972,
the National Petroleum Council estimated
the average price would have to rise to $3.65
a barrel by 1975 to stimulate maximum pro-
duction
Yet
as new domestic oil
rices have
its energy future App Tua dlFp3ail R fea9eff3 eH41n ~63yFK ibJVl i44 FUN 1K 09 R the C.L 01s o5mestic
H 6282.. CONGRESSIONAL RECORD --HOUSE. June 26, 1975
surveillance activities 'ylgg( iMf fld die ~Y~ E a pte5't ~~Praus~~i didtdfy78UV90t-44MI itit9 fot"cf1C?i ointment of a
law. to an extent which a roac lamed-tie committee on Courts, Civil Liberties, and special prosecutor with exclusive 'uris-
erosion of constitution overnment, the Administration of Justice has been diction to investigate-and to prosecute
I am therefore, both shocked and des- investigating the question of illegal sur- offenses arising out of the CIA's domestic
moved at e w o inadequate mea- veillance and has pending before it legis- intelligence and surveillance activities.
surer proposed to remedy these abuses, lation which would end the practices of firmly believe that )nirough the
including~, the prosecution of any persons - warrantless surveillance techniques. As a establishment of an independent prose-
associate wit the or o er v- member of that subcommittee I intend to cutor will the questions raised by the
ernment i ence or law en orcement advocate early committee action to bring Rockefeller Commission.: be answered to
agencies for acts w is the Rockefeller this legislation to the floor of the House. the satisfaction of the American people
Commission states had been "plainly un- Similarly, the House Judiciary Subcom- and restore their trust and confidence in
lawful." mittee on Civil and Constitutional our constitutional government.
We are told that the CIA conducted Rights, with oversight jurisdiction over The framers of our Constitution, aware
illegal mail intercepts, with the knowl- the FBI, has been other questions with of the need to both defend a new nation
edge of atleast three Postmasters Gen- respect to the illegal surveillance of and prevent abuses by government,
eral, opening, examining and photo- American citizens, including abuses of in- sought to give our society strength and
graphing thousands of letters belonging formation and files. Given the evidence security by providing that freedom of
to private,litizens and at least one Mem- already obtained by the subcommittee, I speech, press, religion, and assembly
ber of the: very body. Yet the Commis- urge my colleagues on that subcommit- should not be abridged. They recognized
sion would merely have the President tee to prepare appropriate legislation to that activities to protect our Nation's se-
direct such operations be ceased. end such practices., curity at the expense of representative
We are told that the CIA collected in- Finall , there is the serious question of government would provide no real re-
formation and compiled dossiers on an invests a ion an ossf a rosecu ion curity for our Republic. This thought. wa.,
thousands of Americans who did nothing of all offenses and violations of any Fed- eloquently expressed in 1937 by Mr. Chie
more than. exercise their constitutional eral statute by persons by or on behalf Justice Hughes:
right to- dissent. Yet the Commission of the CIA or any other in a el; ce_ or . The greater importance of safeguarding
would only have these files destroyed. law enforcement agency of the Federal the community from incitements to the
We are. informed that the CIA engaged Government arisin out of the conduct of overthrow of our institutions by force and
in a wide variety of illegal activities domestic intelligence' or coun erin i violence, the more imperative 1s the need to
against members of. the news media in ence ac ve ies. preserve inviolate the constitutional rights
an effort to discover news sources. And President Ford expressed his concern of free speech, free press and free assembly
yet the Commission would suggest only about this question urIng his press con- in order to maintain the opportunity for free
that guidelines be promulgated by the ference on June 9, 1975, stating iEF at a political discussion, to the end that govern-
CIA itself in order to limit the number would "ask the Attorney General s u meat may be responsive to the edwill, . mf the
ofreoccurs ence5. all the materials gathered by the Comy people and that changes, if desired, may be
obtained by peaceful means. Therein lies the
The litany goes on and on,-running the mission on any matter to determine security of the Republic, the very founda-
whole garrut of activities from bugging whether ac ion should e'un undertaken tion of constitutional government. (Dr;-
and burglary to wiretapping and physical against any in ivi ua s. According o Jonge v. Oregon, 299 U.S. 353, 365 (1937).
surveillance, by the CIA alone, by the a story in this morning's Washington I urge my colleagues to review the
CIA and the FBI, by the CIA in conjunc- Post, the Attorney General is shocked legislation I have introduced today. I wel-
tion with the White House, and finally by the still secret unpublished informa- come their comments and support. The
by the CIA enlisting the assistance of tion he has seen on the CIA's activities following is the text of the bill:
organized crime in alleged assassination and plans to proceed with an investiga- H.R. 8281
plots against foreign government officials. tion. However, he added that it may take
The content of the CIA conducting its 2 or 3 months to decide how to proceed. A bill to provide for, and assure the inde-
own house cleaning and putting itself I advocate an immediate investigation pendence of, a Special Prosecutor, and for
other purposes
back in order would not seem so a usor and take s rong exception to granting t a Be it enacted by the Senate and house of
were we able to rely on an equate sYS- A orne~ enera_ an _ Department of Representatives of the United States of Aneer-
tem of checks and safe uards to discover Justice the response il.e y or pursuing ice in Congress assembled,
actual and tenses. However, this matter. I ca your attention o page SHORT TITLE
given the findings o e Rockefeller owe Rockefeller Commission's re- SECTION 1. This Act may be cited. as the
Com 2mission. that, the Department of port. It states, with respect to responsi- -special Prosecutor Act of 1975".
Justice, the various Postmasters General, bility for the supervision and control of APPOINTMENT OF SPECIAL PROSECUTOR
and the several law enforcement and m- the CIA: - ? .. SEC. 2. (a) The United States District Court,
vestigatiye a eriCies O the execu Ve The Department of Justice also exercises an for the District of Columbia, sitting en bane,
branch refrained nom investigating an oversight-role iii roug its power to initiate shall appoint a panel of ,three of its mem-
even aCtec: in com lcl y wl -Effe-CIA_ prosecu oLT n for criminal nlsconioucct. For a bers, hereinafter in this Act referred to as
conclusive l demonstrates that there is perl~oof over 20 years, oweveran xg - "panel". Any vacancy on the panel shall be
not and cannot be sue a system. in ee ment existed Between e De par en o filled in the same manner as the original
_U t
CIA providing a the appointment.
the events of the as sever years have . Justice and the
gency was o investigate allegations of
raised serious questions about the- will- ~- - (b) The panel is empowered to and shay
entries met By ULA employees or agen w ec ta promptly appoint a Special Prosecutor, w::
ingness and ability of the intelligence volved Government money or property or r
Of of Speci'.
and investigative agencies of the execu- Iii a involve oopera one secur v. I TPow- shall head an co al Prosecuto.
occur In
five branch to police themselves, let alone ing the investigation, the Agency determined and to fill any v vacaancy y which al
that t ere was no reasonable as s- T- the position of Special Prosecutor.
initiate-needed reform. lieu a crime had been comWfffU~ , or at (c) Participation in the selection of the
Obviously, the Congress must enact operational security aspec prec u e prose- panel shall not in and of itself disqualify a
legislation designed to insure that such cu Ion, c se was no. Lie- -- judge in any proceeding in which the Office
abuses will no longer be permitted to take par men o us ce. of Special Prosecutor is involved. However,
a judge
place in our free society. I am hopeful The Commission has found nothing to in- who serves on the panel is li-
that the select committees in both the dicate that the CIA abused the function feed from participating in any proceeding ding in
House and Senate now conducting their given it by the agreement. The agreement, which the Office of Special Prosecutor Is in-
however, involved the A for- volved.
own independent investigations of the Agency directly in
CIA and cther intelligence and law en- bidden law enforcement activities, and repre-
sented an abdication by the Department of SEC. 3. (a) The Special Prosecutor shall be
Justice of its statutory responsibilities. compensated -at the rate provided for level
ernment v ill call for appropriate legis- IV of the Executive Schedule under section
lative action. I trust that the President Under the circumstances, one must 5315 of title 5, United States Code
will also forward to the Congress his rec- - question the ability o e ear merit (b) The Special Prosecutor may employ
ommendation in this area. However, we of Justice to conduct a proper and ag- and fix the compensation of personnel in the
need not delay action while these com- gressive investigation. es O}-Deis Pea- Office of Special Prosecutor as he reasonably
mittees undertake their investigations. son that have today introduced egos a- determines to be necessary, without regard
Approved For Re ease - P77M00144R001100190012-0
June 26, 1975
CONGRESSIONAL RECORD --HOUSE H 6283
to the provisionO*pmve,cJ OtlRaWaswMSit2~1.4 e> t` .DRt717Mwc11t44RMIfMUQ tZ-(W be heard and deter-
Code, governing appointments in the com- States Code (relating to immunity of wit- mined by a district court of three judges
e+4 ti
ve ser
d
ith
t
d t
h
p
v ce, an
regar
w
ou
ap-
o c
ter 54 and subchapter III. of chapter 53 of
such title (relating to classification and Gen-.
eral Schedule pay rates), but at rates not to"
exceed the maximum rate for GS-1.8 ,of the
General Schedule under section 5332 of title
5. United States Code.
(c) The Special Prosecutor may procure
personal services of experts and consultants,
as authorized by section 3109 of title 5, Unit-
ed States Code, at rates not to exceed the per
diem equivalent of the rate for 08-18 of the
General Schedule established.by section 5332
of title 5, United States Code.
(d) Every department or agency of the
Federal Government is authorized to make
available to the Special Prosecutor, on a
reimbursable basis, any personnel the Spe-
cial Prosecutor may request. Requested per-
sonnel shall be detailed within one week
after the date of the request unless the Spe-
cial Prosecutor designates a later date. An
individual's position and grade in. his de-
partment or agency shall not be prejudiced
by his being detailed to the Special Prosecu-
tor. No person sliali be detailed to the Spe-
cial Prosecutor; without his consent.
(e) For the purposes of subchapter III of
chapter 73. of title 5, United States Code,
the Special Prosecutor and. the personnel of
the Office of Special Prosecutor shall be
deemed employees in an executive agency.
JURISDICTION AND AUTHORITY OF THE SPECIAL
PROSECUTOR
SEC. 4- (a) The Special Prosecutor has ex-
clusive jurisdiction to investigate and to
prosecute in the name of the United States-m-
. all offenses or allegations of offenses
arising out of the conduct of domestic in-
telligence or counter-intelligence activities
and the operation of any other activities
within the United States by the Central
Intelligence Agency or any other intelligence
or law enforcement agency of the Federal
Government;
(2) all violations or suspected violations
of any Federal statute by any intelligence
or law enforcement agency of the Federal
Government or by any persons by or on be
halt of any intelligence or law enforcement
agency of the Federal Government including
but not limited to surreptitious entries, sur-
veillance, wiretaps, or illegal opening or
monitoring of the United States mail; and
(3) such related matters which he con-
sents to have assigned to him by the At-
torney General' of the United States.
(b) The Special Prosecutor is authorized
to take any action necessary and proper. to
perform his functions and carry out the
purposes of this Act, including-
(1) Issuing instructions to the Federal
Bureau of Investigation and other domestic'
investigative agencies of the United States
for the collection and delivery solely to the
Office of Special Prosecutor of information
and evidence bearing on matters within the
jurisdiction of the Special Prosecutor, and
for safeguarding the integrity and inviola-
bility of all files, records, documents, physical
evidence, and other materials obtained or
prepared by the Special Prosecutor;
(2) conducting proceedings before grand
juries;
(3) framing and signing indictments;
(4) signing and filing informations;
(5) contesting the assertion of executive
privilege or any other testimonial or evi-
dentiary privilege;
(6) conducting and arguing appeals In the
United States Supreme Court, notwith=
standing the provisions of section 518 of title
28, United States Code;
(7) instituting, defending, and conduct-
ing civil and criminal litigation in any court;
and
(8) exclusively performing the functions
conferred upon the Attorney General of the
which relate to matters wlthin.the exclusive
Jurisdiction of the Special Prosecutor ap-
pointed under this Act, are transferred to
the Special Prosecutor as of the date . on
which he takes office.
(b) The Special Prosecutor Is authorized to
request from any department or agency of
the Federal Government any additional files,
records, documents, or other materials which
he may deem necessary or appropriate to the
conduct of his duties, functions, and respon-
sibilities under this Act, and each depart-
ment or. agency shall furnish such materials
to him expeditiously, unless a court of com-
petent jurisdiction shall order otherwise.
(c) The Special Prosecutor shall keep in-
violate and safeguard from unwarranted dis-
closure all files, records, documents, physical
evidence, and other materials obtained or
prepared by the Office of Special Prosecutor.
GENERAL SERVICES ADMINISTRATION
SEC. 7. The Administrator of General Serv-
ices shall furnish the Special Prosecutor with
such offices, equipment, supplies, and services
as are authorized to be furnished to any
agency or instrumentality of the United
States.
SPECIAL PROSECUTOR'S TERM OF OFFICE
SEC. 8. (a) The Office of Special Prosecutor
shall terminate three years after the date the
panel first appoints a Special Prosecutor.
(b) Notwithstanding the provisions of sub-
section (a), the Office of Special Prosecutor
is authorized to carry to conclusion litigation
pending on the date such office would other-
wise expire.
REPORTS
SEC. 9. The Special Prosecutor shall make as
full and complete a report of the activities
of his office as is appropriate to the panel, to
the Attorney General of the United States,
and to the Congress, on the first and second
anniversaries of his taking office and not later
than thirty days after the termination of the
Office of Special Prosecutor.
REMOVAL OF SPECIAL PROSECUTOR
SEC. 111. The panel has the sole and exclu-
sive power to remove the Special Prosecutor.
The only grounds for removal are.gross dere-
liction of duty, gross impropriety, or physical
or mental Inability to discharge the powers
and duties of his office.
EXPEDITED REVIEW PROCEDURE
Insofar as any question presented shall have
been previously determined by the Supreme
Court, notwithstanding that the previous
determination occurred In. litigation involv-
ing other parties.
FUNDING
SEC. 12. There are authorized to be appro-
priated such sums as are necessary to carry
out the purposes of this Act, and, notwith-
standing any other provision of law, the Spe-
cial Prosecutor shall submit directly to the
Congress requests for such funds as he con-
siders necessary to carry out his responsi-
SEC. 13. If the provisions of any part of
this Act, or the application thereof to any
person, or circumstances, are held invalid,
the provisions of other parts and their ap-
plication to other persons or circumstances
DISCLOSURE OF MEDI E IN-
SPECTION REPORTS A LURE.
man from Ohio (Mr. VANnc) is recog-
nized for 5 minutes.
Mr. VANIK. Mr. Speaker, irr 1972, the
Congress enacted legislation to improve
the Social Security Act. Many of these
amendments were designed to reform the
operation of the medicare program.
Among these reforms was section 299D
providing for public disclosure of survey
reports on institutions such as nursing
homes, labs, and hospitals.
This provision. first passed the Senate
in 1970 and was again added to H.R. 1
by the Senate Finance Committee in
1972. As the Senate report stated:
At present, information as to whether a
hospital, skilled nursing facility, or other
organization fully meets the statutory and
regulatory requirements relating to condi-
tions for participation for medicare and
medicaid or whether tt.has significant defl-
ciencies
is
enerall
v
il
bl
l
t
,
g
y a
a
a
e on
y
o the
SEC. It. (a) The sole and exclusive
pro- facility Involved, and certain State and Fed-
cedure for the review of the validity of any eral agencies. Physicians and the public, in
provision of this Act shall be as follows: general, are currently unaware as to which
(1) Any defendant who challenges the institutions have significant deficiencies and
validity of this Act in a criminal case or pro- which do not.
seeding shall file a motion to. discuss not
later than, fifteen days after service of the As a result, the committee pointed out
indictment or information. Such motion that-
shall be heard and determined by a district The Committee believes that In the absence
court of three judges, convened pursuant to of public knowledge about the nature and
section 2284 of title 28, United States Code, extent of deficiencies of individual facilities,
as soon as possible but in no case later than it is difficult for physicians and the public
twenty days after the filing of the motion. to rationally choose among health care
(2) Any person who challenges the validity facilities.
of this Act in connection with a civil action
or proceeding shall do so by motion filed In addition, the committee noted:
with the appropriate United States district This-lack of information makes it nearly
court. The district court shall immediately impossible to effectively direct (public) con-
his exclusive jurisdiction..,. -, 28, United States Code, as'soon as possible
DELEGATION but in no case later than twenty days after
SEC. 5. The Special Prosecutor is authorized the filing of the motion.
to delegate any of his functions to person-
nel of the Office of Special Prosecutor, and to determination of the district court of three
experts and consultants retained pursuant judges under paragraph (1) or (a) of this
to section 3(c) . section, any party may file an appeal from
that determination In the United States Su-
TRANSFER AND ACQUISITION OF FILES AND - preme Court. The Supreme Court shall ex-
- pedite to the greatest extent possible its de
SEC. 6. (a) All files, records, documents, ciston on such appeal.
and other materials in the possession or- (b) The expedited review procedure of this
control of the Department of Justice, or any section shall not apply to any challenge to
other department or agency of Government, the validity of any provision of this Act
Approved For Release 2005/12/14: CIA-RDP77M00144RO011001900.12-0
Ju3te 26; 19 *proved For R~,1R9?#h1 I ( 7M@~VAF 01-100190012-0
power, Korea would be perceived by luctantly conclude, however, that this
Japan as a threat. If that-unfriendly administration has assigned transporta-
power were to control the waters between tion proposals a low priority on the list
Korea and Japan, that threat would be of its national concerns. - - -
real, and Japan would have to make some Since March, my subcommittee has
reaction to it.
For.. that reason, continued United
States interest in an independent South'
Korea is important to.Japan. It is also
important to another Asian nation, a na-.
tion with significant diplomatic interests
in common with the United States-the
People's Republic. of China. A unified
Korea in the hands . of an unfriendly
power would also be a threat to China. It
would be a gateway to Manchuria, the
industrial heartland of China. China Is
thus also interested in seeing that Korea
is not -dominated by an unfriendly
power-and today, unlike 25 years ago,
China realizes that the United States is
a friendly power, with no desire for - I believe that transportation- will be-
hegemony in Asia. come one of the major issues of the sev-
own right. It has developed'into a major
industrial nation,-with a rising standard
of living and with important trade con-.
nections to the,United States..;
South Korea is an 'example of a. situa-
tion where the United States can and
should maintain a military committment
to an ally. The land forces of South Ko-
rea are extensive -and of high quality;
and South Korea thus provides the land
force element whichis not an appropri-
ate American contribution to any pos=
sible future conflict arising from North
Korean aggression. The United States
is enabled by the South Korean develop-
ment of adequate land forces to provide
to the alliance those forces which, we are-
best suited to provide: air and sea forces.
Such an arrangement Is appropriate to
the best interests and to the capabilities
of both parties,: and creates a situation
where the advantages of alliance out.
weigh any possible disadvantages.
It Is thus in our interest to maintain
our alliance with Korea, and to make-
clear to North Korea, through our dec-
larations, our unmistakable resolve to aid
our South Korean ally in the event of
North Korean aggression. We must never
repeat our error, which led to the Korean
war of 25 years-ago, of stating that Ko-
rea does not constitute an important in-
terest of the United States, and of giving
the mistakeny impression that we would
not use military force to aid South Korea
in the event of aggression. South Korea
is an important ally of the United States,
an ally which continues to maintain its
own defense in such a way that the land
war aspect of a Korean conflict would
not have to fall on us. It Is .thus in our
interest in every way to continue our
committment to Korea. I have no doubt
that we shall do so.
GING ON TRANSPORT
LEGISLATION
S 11699
lished a letter which I wrote concerning
the need for a constructive review of
U.S. Intelligence efforts and the statutes
which underlie, guide, and limit those
efforts. Because this subject will be of
been promised. a, new_ highway bill, continuing interest to the Senate during
Scarcely a week passes that the White the months ahead, I ask unanimous con-
House and the Department of Trans- sent that the text of my letter be printed
portation do not give us assurances that in the RECORD together with a copy of
their proposals are on the way. Now it is Mr. Baldwin's article.
.Tune, and nothing has been forthcom- There being no objection, the mate-
ing. rial was ordered to be printed in the
It is a sad commentary; Mr. President, RECORD, as follows:
on the White House and the various INTELLIGENCE AGENCIES: A NEED FOR NEW
agencies in charge of transportation. We LAws
are moving through an energy scarcity, To THE EDfOR:
our rural roads are falling into decay, Hansan Baldwin (Op-Ed May 8) puts his
congestion and pollution still clogs our finger on many of the key issues in his call
cities, many States are running out of for a constructive examination by the Con-
Interstate money, and the administra- gress of U.S. intelligence activities. As a mom-
how often. they travel, what kind of
transportation they will use, and how
they will get to work. Yet there is no
leadership . from the executive branch.
What we need is a national transpor-
tation policy, a sense of transportation
investment priorities, which will assure
the American people that the most mo-
bile Nation on earth will not become
immobilized. as our supplies of energy
become imperiled.
I can no longer wait for the adrninis-
tration proposals. Today, I am announc-
ing a comprehensive series of hearings
on the future of the highway program
and the importance of national trans-
portation policy. In these hearings,
which will center around specific issues,
we. will explore indepth the directions
of transportation policy for this decade
and beyond.
Our witness list includes administra-
tion witnesses; State, and local officials;
citizens' and environmental groups;-
transit officials; academicians; and two
former Federal Highway Administra-
tors.--
We expect these hearings to have an
extra dimension, for we are dealing with
a set of circumstances unlike any we
have faced before. I have informed the
witnesses that we do not want to hear
a restatement of old arguments; we want
to explore the premises underlying our
transportation policy and leave our-
selves open to a wide range-of options,
either to -continue programs which are
effective or to restructure the entire
highway program.
Meanwhile, these witnesses should
have the opportunity to review the ad-
ministration's proposals. I urge the
President, the Secretary of Transporta-
tion, and the Office of Management and
Bud;end this inexcusable delay and
the table so that my subcommittee and
the Congress can debate them on the
merits
ber of the Senate Select Committee to Study
Government Operations with Respect to 5n-
telligence Activities, i am- convinced that
the Senate can make a constructive Investi-
gation--and. indeed, that such an investiga-
tion is sorely needed.
In the aftermath of Watergate and follow-
ing a series of shocking revelations of the
abuse of power, it is clear that one of t?he
most important tasks facing the Congress 18
to determine the proper role of intelligence
agencies within our constitutional system of
government. Thirty years' experience has
proven that the existing legal foundation
for our intelligence agencies, eestablished
in 1947, is inacjequate. It is necessary to write
new laws, to draw new guidelines for our in-
telligence agencies. _
That is why Senator Mansfield and I pro-
posed in October of 1974 that the Senate es-
tablish a select committee to make a detailed
,study of the legal authorities of all U.S.
intelligence agencies, foreign and domestic,
and of the over-all U.S. intelligence require.
ments.
It is an astonishiin fact for example that
there is no specific authority for aL covert
o erations b the C.LA. an here in the law.
I th ast it has been ar ue at the
President mpow 12Y- t ak_
Security Act -of 1947 to assign "intelligence
tions are subsumed under the meaW of
"'in- elligen_ce activities."
Covert activities of some kind might be,
necessary in some future circumstances.
There must be sound guidelines consistent
-with constitutional guarantees. Moreover,
the distinctions between foreign. and domes-
tic are-far less clear now than they may have
seemed in the years just following World
War U.
Technological advance, a boon to the agen-
cies, has proven to he a threat to constitu-
tional guarantees. It is clear that secrecy
and open democratic government have
proven to be uneasy partners.
It is my view that there is a requirement
for a thoughtful redefinition of our national
intelligence needs. I am convinced that the
Select Committee on Intelligence offers the
best means of resolving the type of ques-
tions enumerated by Mr. Baldwin and in
the nonpartisan, thorough and considered
way demanded by -the dimensions of the
problem.
CTIARLZS McC. blATxras, Jr.,
WASUINCTON, May 8, 1975.
OF T11E
O ~1~~~ 1s not much doubt
it edeasel20 n(1' .: GIA-PIpW, 77rM,,0Q144 Q"9 1 Diet secret police. ,.~
S 1170C CONGRESSIONAL RECORD --SENATE June 26, J9.75--
accurate or irresponsible press accounts and
self-serving politicians have greatly dam-
aged United States intelligence organiza-
tions,
Some crippling restrictions already im-
posed are now being followed by extensive
and num"sous investigations into every
facet of intelligence and counterintelligence,
which may result in new and dangerous
exposure o:: organizations, methods and per-
sonnel.
One of the most damaging and irresponsi-
ble leaks In United States intelligence
history-the widely published accounts of
the salvag-'ng of the sunken Soviet sub-
marine-al:?eady has occurred, with- the
media, in the name of freedom, damaging
the defense of freedom.
Nor is it encouraging that The New York
Times allowed the columnist Jack Anderson
to trigger its. own actions. The consequent
publication by The Times and all other media
of a fantastic technological feat and an
intelligence coup still incomplete could
cause immense potential damage. One need
only recall the broken codes of World War
II, and, in recent history, the nasty surprises
new, Soviet weapons provided in Vietnam
and in the 1973 Arab-Israeli war.
The current investigations, therefore-un-
less they at e to be of great aid and comfort
to those win would destroy the system of
political fr. edom that makes such investi-
gations po:rsible-must concentrate on the
constructiv>, not the destructive; on the
future, not the past.
They must avoid, at all costs, any more
public exposure of secret intelligence meth-
ods, technilogy or personnel. No intelli-
gence organization, even in a democracy,
can be a completely open book if it is to
be worth it: cost.
But there are some key questions that
require reassessment.
Are them, for instance, too many semi-
independent intelligence agencies, each
vying for power? Or does each have its im-
portant specialized role and does each act
as check-ref n on the others?
Should ti.e director of Central Intelligence
be given more power-to knock heads to-
gether, to merge, to allocate tasks? Or would.
this continue and expand an already dan-
gerous centralization of power?
Intelligence and counterintelligence are
twins. Wha :, particularly, should be the rela-
tionships between the Central Intelligence
Agency and Federal Bureau of Investigation,.-
and whoshauld do-what in counterespionage
and countei-subversion?
It is eas; to dismiss the Communist end
radical and terrorist threats as bogeymen;
yet the capability of Puerto Rican nation-
alists and radical Weathermen to bomb pub-
lic places repeatedly without detection-and
the ability of so well-known a figure as Patty
Hearst to remain hidden in an American
undegrounc, speaks badly indeed for present
and recent attempts of our intelligence serv-
ices to corn tat espionage, subversion or even
simple anar ;hy.
How does one define the thin line between
freedom an-1 license, security and repression
the "right -t) know" and irresponsibility? The
political exi.remists and fanatics, in pursuit
of revolution, believe that the ends literally
justify any neans.
United States intelligence agencies can
never embrace such a concept, without ulti-
mately aldi ig the hidden enemy. The adop-
tion of such a policy-the ends justifying any
means-would subvert our own institutions.
Yet there is a nagging problem here; a threat
exists and it cannot be met by mouthing
shibboleths
How should authority over our intelligence
services at the top level be exercised? In-
telligence Ic. a tool of government; as such
it can be t' irned by those who control it to
secret intelligence it is clear that only ::
handful of Congressmen, picked for ability,
judgment and discretion and devotion to
the common good, can be kept fully informed.
Intelligence-facts, secrets, our own and
the opposition's-meariej, today and for the
future, security-the difference between, the
life and death of a nation. -
Granted the need, how then do you keel:
intelligence apolitical, freed from the am-
bivalent pressures of domestic politics, in a
milieu such as Washington, which is high-
ly partisan?
And, ultimately, the larger question-the
unresolved residue of Watergate-how do you
curb - executive power without crippling it
and how do you operate a democratic govern-
ment, or for that matter, any government
without secrecy? -
FOR FIRST-CLASS AIR FAR
Mr. KENNEDY. Mr. yollffeffit, last:
month I introducelpOM Il, S. 1698, tc
amend the 201T, Revenue Code by
eliminating deduction for the
first-class component of air travel as ar
ordinary and necessary business expense
- Recently, there have come to my at-
tention two press items supporting this
legislation. Mr. President, I ask unani-
mous consent that an editorial from the
Sacramento Bee and an opinion column
from the Louisville Times be printed ir.
the RECORD.
There being no objection, the material
was ordered to be printed in the RECORD
as follows:
[From the Sacramento Bee, May 15, 19751
FLYING HIGH
Many tax benefits which the government
allows as the ordinary and necessary cost of
doing business are legitimate and there is
no quarrel with them. Others are not-to an
extent that may surprise the general tax-
payer.
Critics contend the definition of "ordinary
and necessary"-with a 48-cent tax subsidy
for every dollar of deductible business ex-
pense-has been stretched beyond the break-
Ing point in a number of areas. -
Sen. Edward M. Kennedy says the average
citizen has been a silent partner at many
high-living business functions: The cor-
porate host pays half the bill himself but
sticks the taxpayer with the other half. The
Massachusetts Democrat says it costs the
government hundreds of millions, perhaps
billions, of dollars to maintain the extrava-
gant executive in style.
Kennedy told the Senate that whatever the
complexity of other aspects of the business
expense issue, the tax break allowed for first-
class air travel is one of the least justifiable
and that's why he was prompted to introduce
legislation to eliminate it.
Based on Civil Aeronautics Board figures,
.the bill would bring in an. additional $280
million in tax revenue this year, $342 million
next year and as much as $431 million in
1978.
Nothing in the bill would prevent the ex-
ecutive from flying first class: the additional
cost simply would be treated as a nonde-
ductible luxury item In a period of concern
i..aac 1anut, 'Nov. tine couple seated behind
me attracted the attention of my seatmate., a
Chicago newspaperman.
"Your governor (of Kentucky) and his wife
are the only gubernatorial party I've seen not
flying first-class, up front," he said in won-
der.
Ile referred to the fact that Gov. and Mrs.
Wendell Ford were happily seated with hot
pallol in the less spacious, less gracious-but
cheaper--section of the aircraft. Gov. Ford
made no big deal about flying economy class;.
able or otherwise, for such frugality.
a $1 billion state budget, the dollar sav-
ard, I believe, for other state employees
given their choice, would wing off on
order confines of the first-class section.
v. Ford is now Sen. Ford and I have
ire that taxpayers are subsidizing their first-
class travel. They are the business and pro-
fessional people on expense account, The ex-
pense accounts subsequently become federal
tax deductions. And you and I and every
other taxpayer help foot the bi.l for those
ritzy flights.
Sen. Kennedy's bill would allow deduc-
tions only for legitimate, business-related
flights that are in the coach (or economy)
cl ass.
. In this time of d,:ep recession, there
Is no justification for a loophole In the tax
laws that requires thehard-pressed average
taxpayer to subsidize the comforts of frst-
class airfare for traveling executives," Sen
Kennedy said.
The senator also noted that outlawing fir=-
class flights as deductible expense it.-
would produce P. modest, but meaning-Z'. tax saving: An estimated $280 million i...
1975 and up to $431 million by 1978.
Sen. Kennedy's bill in no way penalizes
businesses. "It is a legitimate business dt
sion to travel by air .. ," he said, pointing
out that a businessman flying in the coach
section gets to his destination at precisely
the same time as the person flying first-class.
Therefore, he said the coach-class fare "is
all that should be allowe3 as a business ta;
deduction." -
"With the marginal corporate tax rate:
48 per cent, the corporation receives a 4r---
cent tax subsidy for every dollar of deduct-
ible business expense," Sen. Kennedy said.
"In effect, the ordinary taxpayer picks ul
half the tab for every business expense that
qualifies as a tax deduction. Every time the
waiter brings the billat the end of a martini
business-lunch or four-course dinner or
evening entertainment, the corporate host
pays halt the bill himself, but he sticks the
taxpayer with the other half."
Congress this year would be wise to tighten
up the business-deduction laws to make sure
that "business trips" are deductible only if
"business," and not pleasure, Is the chief
reason for the trips. Numerous other expense
account loopholes shoulc?_ be closed. But a
good start for this tax reform would be Sen.
Kennedy's bill. If it passes, it would no longer
surprise a Chicago newsman to see a governor
flying economy class, back: there with all the ;
ordinary taxpayers.
over the enormity of the federal deficit, the MAINE LEGISLATURE ASKS THAT
substantial revenues gained by the proposed MEDICARE COVER COSTS OF EYE-
tax revision would be especially welcome. GLASSES, PRESCRIPTION DRUGS,
[ From the Louisville Times, May 23, 19751 AND HEARING AIDS
BACK-SEAT FLYING-KENNEDY WOULD END Mr. MUSKIE. Mr. President, on behalf
JET-SET EXPENSE ABUSES of Senator HATHAWAY and myself, I ask
(By Bill Billiteri unanimous consent that a joint resolu-
heWch Re~l~at'se'200S` 211,4 ins AILRD~f~-NWOWRO 40 E'190OT24)ie I~eglsiature,
mon tors? o ? o the National Governors' Conference at asking Congress to include the cost of
1
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U"NSEL
94TIT CONGPdESS
1ST SESSION
. R. 8281
IN TILE II() 1TS1E;
J I; -N m 26, 1975
All'. I3_ DULO i11t1'0d1W('d t;,c ibllowing bill; which Wl'as referred to the ConI-
to iitec on the Judiciary
A BILL
To provide for, and assure the independence of, a Special Prose-
cutor, and for other purposes.
1 Be it (fl((cled b the Seiiatc and House of Represen.to.-
2 tiles of the (I n.it(,d States of Amer ica in Congress assembled,
3 STI O RT TITLE
4 SECTION 1. This Act way he cited as the "Special Prose-
5 cator ct of 1975".
6 APPOI T1r'rENT (W si'I.CI1.L PROSI;CLProl
7 Sic. 2. (a.) The ITnited States District Court for the
S District of (lolllnllria, sitting; en bane, shall appoint a panel of
9 three of its members, hereiusa:fter i(t this Act referred to as
10 "panel". Any vacancy on the panel shall he filled in the same
11 manner as the original appointment.
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1 (h) The panel is can powered to and shall promptly
2 appoint a Special Prosecutor, who shall head all Office of
3 Special Prosecutor, and to fill any vacancy which may
4 occur in the position of Special Prosecutor.
i (e) Participation in the selection of the panel shall nut
c in and of itself disglualiIv a judge in 'my proceeditn" in which
the Office of Special Prosecutor is involved. Tlowever, a
judge who serves on the panel is disqualified from parfici-
prating in aiiv proceeding in which the Office of Special
t) Prosecutor is involved.
COMPEWSA'PION ANT) STA1'I1Ni
i2 Sr'.('. 3. (,>) The Special 11rosecnhur shall 1 conlpell-
sated at the rate provided for level I \ of the h',xeentim
Schedule under section. 5 1. 1 of title 5. 1 iiited St ales Cole.
5 (h) Ile Special Prosecutor may employ al;d fix the
couipealsation of personnel in the Office of Special Prosecutor
7 as he reasonably determines to he necessary, i, *thout re-
Bard to the provisions of title 5, United Suites Code, goy-
I ernin, appointments in Ile competitive service, lud with-
W) out regard to chapter 51 and subchapter TIf of e inpter 5:;
1 of such title (relatillo to (lassificatioai and General Schedule
1. pay rates) , but at rates not to exceed the maxi warn rate
21 for GFS-1 R of the General Schedule ender sectior ,)332 of
2"t title . , finned Slates Code.
2) (c) The Special Prosecutor clay n wurv er, stud erv-
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25
3
ices of experts and consultants, as authorized by section 3109
of title 5, 1 iiited States Code, at rates not to exceed the
per diem equivalent of the rate for GS-18 of the General
Schedule cstahlisl-ed by section a331 of title 5, United States
Code.
(d) Every department or agency of the Federal Gov-
ernniecit is authorized to make available to the Special Prose-
cutor, on a r?enubursable basis, any personnel the Special
Prosecutor n Lay requcs t. llequested personnel shall be de-
tailed within one week after the date of the request unless
the Si)ccial Prosecutor designates is later date. An indi-
vidual's position and grade in his department or agency
shall not be prejudiced by his being detailed to the Special
Prosecutor. No person shall be detailed to the Special Prose-
cutor without his consent.
(e) For the purposes of salwhapter III of chapter 73
of title 5, 1' cited States Code, the Special Prosecutor and
the personnel of the Office of Special Prosecutor shall be
deemed employees in an. executive agency.
JURISDICTION AND AIJTIIOIILrl' OF THE SPECIAL
PROSECUTOR,
SEC. 4. (a) The Special Prosecutor has exclusive juris-
diction to investigate and to prosecute in the name of the
United States-
(1) all offenses or allegations of affenses arising out
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1 of the conduct of domestic illteilur('llcc or Coil terintelli-
Bence activities and the operation of arty odic activities
within. the ITnited States lrv the ('chiral I;,telligence
agency or any other iutelligen e or law cliforcerliellt
a()etlcv- of the Federal Uoiernllleikt
(2) all violations or suspected violat:i.o,is of ally
~ Federal statute by any intelligence or law el forcemellt
agency of the Federal Gov.ernnnelit or by al v persons
by or on behalf of any intelligence or law ci torccnlent
0 agency of the Federal Governlncllt includin'-r hilt not
I limited to surreptitious entries, surveillance, w retaps, or
illegal opening or monitoring of the I nited S iltcs mail;
,3 and
1 (3) such related matters which lie consel ts to have
assigned to him by the Attorney General of 'I United
U States.
=1 (b) The Special Prosecutor is authorized tl take any
action necessary and proper to perform his fun ?tions and
carry out the purpose's of this Act, incln(Iin;.--
~l) (I ) issuing instructions to the Federal Ih read of
li-vestigalion and other domestic investigativ agencies
s.;, of the United States for the collection and deliN try solely
to the Oflice of Special Prosecutor of inforn .ltion and
'14 evidence bearing on matters within the jurisdiction of
the Special Prosecutor, and for safeguarding the integ-
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r
1 lily and inviolability of all files, records, documents,
2 physical evidence, and other materials obtained or pre-
3 pared by the Special Prosecutor;
4 (2) conducting proceedings before grand juries;
5 (3) framing and signing indictments ;
6 (4) signing and filing iriformations;
7 (5) contesting the assertion of executive privilege
8 or any other testimonial or evidentiary privilege;
9 (6) conducting and arguing appeals in the United
10 States Supreme Court, notwithstanding the provisions
11 of section 518 of title 28, ITnited States Code;
12 (7) instituting, defending, and conducting civil and
13 criminal litigation in any court; and
14 (8) exclusively performing the functions conferred
15 upon the Attorney General of the United States under
16 part V of title 18, United States Code (relating to irn-
17 munity of witnesses), with respect to any matter within
18 his exclusive jurisdiction.
19 DELEGATION
20 Si~,c. 5. The Special Prosecutor is authorized to dele-
21 gate any of his functions to personnel of the Office of Spe-
22 cial Prosecutor, and to experts and consultants retained
23 pursuant to section 3 (c) .
24 TRANSFER AND ACQUISITION OF FILES AND INFORMATION
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it terials ill the possession or control of the Dep 11,1111011t Of
2 Justice, or any other departrneut or agency of 1 1 rnnicut,
v laieh relate to matters ;vithili the e..el:rsive jut rli~?tiozl of
4 the Special Prosecutor appointed under this pct. are trails-
5 (erred to the Special Prosecutor as of the (late on vt lricll he
In takes office.
7 (fir) 1'1ie Special Prosecutor is a n thorized to re(1ue,t
8 from :rny department or agency of the . 'edera l Govern-
t) ment any additional files, records, documents, or other ma-
0 tenmil,; wliieh he may deem necessary or appropl mite to the
11 eou(ir~r~t of his duties, functions, and responsibilities 1.111der
42 this Act, and each department or agency shill furnish
i ,lle11 material, to him expeditiously. unless a C0art of CoCTr-
14 potent jrir'i,(lretioli shad older otherwisc.
1.5 (1?) The Special Prosecutor shall k gip inviolate and snfe-
t.t6 guard from unwarranted disclosure all tiles, ree girds, doen-
1.7 meats, physical evidence, and other ri:aterials ootained or
IS ,ire1>rrrcd by the (it7iec of pedal Pro ecutor.
l9 GE I:h.vL SO I('ES 1 1)1LI: l IT) TTO-N
?0 Sr?c1. T. The Adnihiistrifor of (enc:al Servie(- shall fur-
31 nisli the Special Prowecnb0r with, ,i;ch O{Dices, e(liripment.
22 supplies, and services as we ai(thorizc,l to he f u Ii,hed lo
any agency or rristi'iinientality of the I nited Stata's.
,24 SI E('IAL I'h0SECI'TOU'S TEh ;I (DF OFF11 I;
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7
1 nate three years after the date the panel first appoints a
2 Special Prosecutor.
3 (b) Notwithstanding the provisions of subsection (a),
4 the Office of Special Prosecutor is authorized to carry to eon-
5 elusion litigation pending on the (late such office would otlier-
6 wise expire.
7 REPORTS
8 Si,c. 9. The Special Prosecutor shall make as full
9 and complete a report of the activities of his office as is
10 appropriate to the panel, to the Attorney General of the
1.1 United States, and to the Congress, on the first and second
12 anniversaries of his taking office and not later than thirty
13 days after the termination of the Office of Special Prosecutor.
14 REMOVAL OF SPECIAL PROSECUTOR
15 SEC. 10, The panel has the sole and exclusive power to
16 remove the Special Prosecutor. The only grounds for removal
17 are gross dereliction of duty, gross impropriety, or physical
18 or mental inability to discharge the powers and duties of
19 his office.
20 EXPEDITED REVIEW PROCEDURE
21 SEC. 11. (a) The sole and exclusive procedure for the
22 review of the validity -of any provision of this Act shall be
23 as follows :
24 (1) Any defendant who challenges the validity of
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8
I bon to discus not later than fifteen days ( tier service
2 of the iudi(-tlueut or information. Such motion shall be
heard and determined l)y a district court of t: rce judges,
.r .
_ convened pursuant to section 22S4 of title 28, 1`nited
5 States Code, as soon as possible but iii no case later than
twenty days after the filing of the motion.
(2) Anv person who challenges the validity of this
Act in connection with a civil action or proceeding
< shall do so by motion filed with the appropriate - nited
10 States district court. The district court ,hall iaunediately
11 certify such motion to he heard and determined by a
12 district court of three judges convened pursuant to see-
1.3 tion 2284 of title 28, United States Code, as soon as
possible but in no case later than tvyenty day- after the
fi I.i11g of the motion.
16 (3) Not later than fifteen days after the determina-
1 r Lion of the district court of three judges under paragraph
18 (1.) or (2) of this section, any party may file an appeal
19 from that determination in the United States Supreme
20 Court. The Supreme Court shall expedite to lie greatest
21. extent possible. its decision on such ;!ppeal.
22 (1)) The expedited review procedure of this section shall
not apply to ally challenge to the validity of any provision.
of this Act insofar as any question presented sllal! have been
25
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9
1 ing that the previous determination occurred .in litigation
2 involving other parties.
3 FUNDING
4 SE.C. 12. There are authorized to be appropriated such
5 sums as are necessary to carry out the purposes of this Act,
6 and, notwithstanding any other provision of law, the Special
7 Prosecutor shall submit directly to the Congress requests
8 for such funds as lie considers necessary to carry out his
9 responsibilities under this Act.
10 SEVERABILITY
11 SEC. 13. If the provisions of any part of this Act, or
12 the application thereof to any person or circumstances, are
13 held invalid, the provisions of other parts and their ap-
plication to other persons or circumstances shall not be
affected thereby.
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N y
(D r;
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