HOUSE OF REPRESENTATIVES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R001200040010-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 56
• Document Creation Date: December 16, 2016
• Document Release Date: April 18, 2005
• Sequence Number: 10
• Publication Date: January 21, 1975
• Content Type: OPEN

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"United States
of America
y. Its next meeting will be held on Thursday, January 23, 1915, at 12 o'clock noon.
ACI'IV S OF THE FBI CONCERN-
ING MBERS OF CONGRESS
Mr. MA LD. Mr. President, in
connection Ak, recent allegations that
the FBI is cu ntly Improperly solicit-
ing informatio ncerning Members, of
Congress or mis g information in FBI
The Senate met at 12 o'clock meridian
and was called to order by the Vice
L. R. Elson, D.D., offered the following
prayer:
Eternal Father, we give Thee thanks
for this Nation which Thou hast given
us for our heritage. Spare us from scorn
of the past and from fear of the future.
Make us great and strong in the things
of the spirit. Show us how to be rich in
proportion to the fewness of our wants-
how to be strong in devotion to the ele-
mental simplicities of life-home, fam-
fly, friends, work, play, and worship. By
faith and prayer, shape our lives, 0 Lord,
for these testing times that we here may
shape a program to lift America to new
heights of justice, brotherhood, and
peace..
In the Redeemer's name, we pray.
Amen.
THE JOURNAL
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that the reading of
the Journal of the proceedings of Fri-
day, January 17, 1975, be dispensed with.
The VICE PRESIDENT. Without ob-
jection, it is so ordered.
COMMITTEE -MEETINGS DURING
SENATE SESSION
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that all committees
may be authorized to meet during the
session of the Senate today.
The VICE PRESIDENT. Without ob-
jection, it is so ordered.
FBI Director Clare 'M. Kelley, . for
whom I have an extr' ly high regard,
be printed in the RECO1
. There being no object , the release
was ordered to be printed the RECORD,
as follows :
FEDERAL BUREAU OF INVESTIG ON.
Washington, D.C., January 1975.
FBI Director Clarence M. Kelley ued the
following statement today:
"In connection with recent allegati that
the FBI is currently improperly solicit in-
formation concerning Members of Congr or
misusing information in fBI files toner
Members of Congress, I wish to state u
equivocally that such statements are errone
ous and without any basis in fact.
'-The policy of the FBI is that information
concerning Members of Congress is collected
when Members are the subjects or victims of
an investigation or it speciflo background
check is requested concerning the suitability
for nomination to a position in the Executive
and Judicial Branches. -Solicitation of infor-
mation concerning Members of Congress is
done only as necessary to discharge our in-
vestigative responsibilities.
"Information concerning Members of Coli-
gress is maintained in various files at- FBI
Headquarters in Washington, D.C. Such files
exist because they relate to an investigation
or a background check, correspondence with
the Member'of Congress, or Information not
solicited by the FBI, but volunteered by the
public. In this latter category, unsolicited
information is received from time to time
making allegations concerning Members of
Congress as well as other individuals in pub-
lic and private life. If such allegations appear
to relate to matters within the investigative
jurisdiction of the FBI, they are appropriately
investigated. If such matters do not reasbn-
ably appear to relate to the investigative ju-
risdiction of the FBI, A. reply letter is ad-
dressed to the correspondent advising him
that his communication was received, but
that the matters related: do not appear to
come within FBI investigative jurisdiction.
Such correspondence and,the official reply
made by the FBI axeretained as a record of
official action taken by the I. Correspond-
ence of this type is filed fom record purposes.
"As indicated, Congressmen `are, treated
substantially the same as any other citizen
concerning whom the FBI may receive infor-
mation. However, when information is re,
ceived concerning employees of the Federal
Government or those serving as Government
officers in any of the three Branches of Gov-
ernment, as a matter of practice it would be
submitted by FBI field divisions to the FBI
Headquarters in Washington so that it would
be available in the event a check of our rec-
ords is necessary. Such routine name checks
are conducted frequently concerning persons
who are being considered for appointment to
positions in the Judicial and Executive
Branches. It Is not possible to predict, when
information is received, whether the individ-
ual whom it concerns will or win not at some
purposes+.,
utamary, it is the *00 ,01 the FBI to
tiona of any Member
Approved For Release 2005/04/27: CIA-RDP7 M001441 0d.i Q0 Ck
ROCEEDINGS AND DEBATES (J'E.,'HE 94 CONGRESS, PIRST.SESSION 1w I I __
The House was not in session.t
Jai;
 Approved For Release 2005/04/27 : CIA-RDP77M00144R001200040010-7
CONGRESSIONAL RECORD -SENATE ,January 21, 1975
rt
intelli-
SENATE RESOLUTION 21-RESOLU- 25 of the Standing Rules of the Senate, serv- agencies coopera#e and exchange
TION RELATING TO INVESTIGA- ice of a Senator as a member, chairman, or . genre information and the adequacy of any
TION AND STUDY OF GOVERN- vice chairman of the select committee shall regulations or- statutes which govern such
in-
ITH not be taken Into account. cooperation and exchange of intelligence in-
MENTAL OPERATIONS W
MESPECT TO INTELLIGENCE AC- (c) The majority members, of the commit. formation..
tee shall select a chairman and the minor- (9) The extent to whiUnited States in-
TIVITIES-PLACED UNDER "RES- ity members shall select a vice chairman telligence agencies. are governed by executive
UNDER THE RULE" cedures to govern its proceedings. The vice .or secret and the exwulu-to which those ea-
chairman shall preside over meetings of the 'ecutive orders, rules," or regulations inter-
,,
Rhode Island. sibilities as may be assigned to him by the (10) The violation or'suspected violation
Mr. PASTORE. Mr. President, I send select committee or the chairman. Vacan- of any State or, Federal' statute by any in-
to the desk a resolution and ask for its cies in the membership of the select com- telllgence agency or by any person by oron
immediate consideration. mittee shall not affect the authority of the behalf of any intelligence agency of the Fed-
remaining members to execute the functions oral Government including 'but not limited
The VICE PRESIDENT. Is there ob- of the select committee and shall be filled in to surreptitious entries; burveillance, wire-
jection? the same manner as original appointments to taps, or eavesdropping, illegal opening of the
Mr. HUGH SCOTT. Mr. President, it are made. United States mail, or the monitoring of
reserving the right to object, I under- (d) A majority of the members of the se- the United States mail,
stand that this Is the resolution having lect committee shall constitute a quorum (11) The need for Improved, .strengthened,
to do with the CIA. for the transaction of business, but the as- or 'consolidated ' oversight "of United States
Mr. MANSFIELD. With the intelligence lect committee may affix a lesser number as intelligence activities by the Congress.
a quorum for the purpose of taking testi- (12) -Whether. any :of the'existing laws of
Community. mony or depositions, " t; =the United Mates are inadequate, either-in
Mr. HUGH SCOTT. With the intelli- SEC
The select committee is author- , their provisions: or' mnt-ner of enforcement,
2
.
.,
gence community. ized and directed to do everything necessary to safeguard the rights of, American citizens,
to improve executive and le , alative: control
Mr. MANSFIELD. I do not think we or appropriate to make the investigations
should emphasize the CIA too much, be- and study specified in subsection (a) of the of intelligence and Mated activities, and to
Cause it is the intelligence community. I first section. Without abridging' in any way resolve uncertainties as'to the authority of
think that should be understood select "United States Intelligenceand related agen-
. the authority conferred , upon the,
committee by the preceding sentence, the cies.
The VICE PRESIDENT. The clerk will
Senate further expressly authorizes and di- (13) Whether there Is,uAnecesearg dupli- ~.
report the resolution. rects the select committee to make a com cation of expenditure. and -effort In the col-
The legislative clerk read as follows: plete investigation and study of the activi ',leetian and processing of Intelligence infor-
by United 'States' '" encies.
mation., to establish a select committee ties of any agency or of any and all persona
of the Senate to conduct an investigation and or groups of persons or organizations of any (14) The extent and necessity of overhand
study of governmental operations with re- kind which have any tendency to reveal the covert Intelligence, activities In :the. United
States and abroad
full facts with .
spect to intelligence activities. tern or questions: espect to the following mat (15) 6uch'"661ar relatteed matters as the
Mr. MANSFIELD addressed the Chair. (1) Whether the Central Intelligence coifimittee deems neceessssaarryy in order to' carry
Mr. HUGH SCOTT. Mr. President, I Agency has conducted an illegal domestic out its responsbbilities'under section (a).
have reserved the right to object, intelligence operation In the United States. Tel suable the select` committee
Mr. MANSFIELD. Mr. President, I ask (2) The conduct of domestic intelligence '. to make- the investigation. and study author-
unanimous consent, so that it will be fully or counter-intelligence operations against ized,and directed by this resolution the Sen
understood, that the resolution be read in U.S. citizens by the Federal Bureau of In- 'rate"hereby emptwers'the select committee
full. vestigation or any other Federal agency. as an agency of the Sedate (1) to employ and
PASTORE. That is right. (3) The origin and disposition of the so- fix the compensation of such clerical, inves-
Mr.
Mr VICE PRESIDENT. The clerk will called "Huston Plan" to apply United States ; tigatory, legal, technical,' and other assistants
The intelligence agency capabilities against in- a4. it deems necessary; or .appropriate,- but it
report the resolution in full. dividuals or organizations within the United' may not exceed the- normal 'Senate salary
The legislative clerk read as follows: States. ' - schedules; (2)-to; sit and act at any time or
S. RES. 21 (4) The extent to which the Federal Bu- place during eeesians,'recess as, and adjourn-
Resolved, To establish a select committee reau of Investigation, the Central Intelli- went periods oil thO Senate-,,(3) to hold hear-
of the Senate to conduct an investigation Bence Agency, and other Federal law enforce tags for taking testimony on oath or to re-
ment or intelligence agencies coordinate calve documentary air physical evidence relat-
study of governmental operations with re-
and intelligence activities and of the their respective activities, any agreements ing to the matters and questions It Is author-
respect , if to any, to which illegal, improper, or which govern that coordination, and the ex- ized to investigate or study; (4) to require by
extent
exten were engaged in. by any tent to which a lack of coordination has subpena or otherwise the attendance as wit-
unethical if activities
of the Federal were d contributed to activities or actions which nesses of any persons who the select commit-
agency of or r by yin any y are illegal, improper, inefficient, unethical, tee believes have knowledge or-Information
persons, with acting the
others, wideralth respect ct or in to any intelli- or contrary to the intent of Congress. concerning any of the-matters or questions it
pi (5) The extent to which the operation of is authorized to investigate and study; (5)
gence carried others, with esp ct Government. b or on behalf domestic intelligence or counter-intelli- to require by subpena or order any depart-
of the Federal ral there gence activities and the operation of any ment, agency, officer, or employee of the ex-
Resolved, That hereby other activities within the United States by ecutive branch of. the United States Govern-
liaRe a select ( committee ittee is of the Senate estab-
may select cod, for convenience of ate the Central Intelligence Agency. conforms,to ment, or any private person, firm, or corpora-
which m
whic the Select Committee to Study the legislative charter of that agency and tion, to produce for its consideration or for
pression, o With Rto the intent of the Congress. -.use as evidence in Its investigation and study
Governmental l l Operations riconduct Respect in- (6) The past and present- interpretation any books, checks, -canceled checks; .?corre-
Int
in study of the extent, If any, by the Director of Central Intelligence of the spondence', communications, document, pa-
vetellige tigaUn n and and responsibility to protect intelligence sources pers, physical evidence, records, recordings,
to which illegal, improper, hit l sc or u bt,y and methods as it relates to the provision. in tapes, or materials relating to any of the mat-
t engaged either bty or any t agency ex individually o section 102(d) (3) of the National Security tern or questions It is authorized to inves-
any persons, acting Act of 1947 (50 U.S.C. 403(d) (3)) that "... tigate and study which they or any of them
in combination with others, In carrying out that the agency shall have no police, subpena, may have in their custody or under their con,
any intelligence or surveillance activities by law enforcement powers, or internal security 'trol; (8) to make to the Senate any recom-
or on behalf of any agency of the Federal functions. . . . mendations it deems appropriate in respect to
Government. (7)' Nature and extent of executive branch the willful failure or refusal of any person
- (b) The select committee created by this oversight of all United States intelligence ? to answer questions or give testimony in his
resolution shall consist of eleven Members activities. character as a witness during his appearance
of the Senate, six to be appointed by the (8) The need for specific legislative au- before it, or in respect -to-the willful failure
President of the Senate from the majority thority to govern the operations of any in- or refusal of any officer, or employee of the.
Members of the Senate upon the recom- telligence agencies of the Federal Govern- executive branch of the United States Gov.
mendation of the Majority Leader of the Sen- merit now existing without that explicit ernment or any person, "ffrm~ or::cOrporation
ate, and five minority Members of the Sen- statutory authority, including but not lim- ,to produce before,the;}committee any books,
ate to be appointed by the President of the iced to agencies such as the Defense Intel- checks, canceled ''checks,' correspondence,
Senate upon the recommendation of the MI- ligence Agency and the National Security communications, document; finanofal records,
nority`' Leader of the Senate. Agency. papers, jihpekiai ebidenoe, records, recordings..,
20
Approved For Release 05/0,4/27: CIA-RDP7?M00144RQ4 (p
 Approved For Release 2005/04/27 CIA-RDP77M00144R001200040010-7
January 2'1, 1975 cONGxt;55tUJ.NAL ttrc,Uicli-~lGlyn~~ ~~
Y+'
h
United States v. ,.. ,..,
rpeure the temporary or intermittent sere- select committee may also submit; to the Sen-
al consultants. or organiza- ate such Interim reports as it considers ap-
a
id
u
i of indiv
-ti
a d
+'.'.
he same con
lj $f-the Senate may procure such services un- calendar months to close its affairs, and on
.. __._,_.,.... o _ +he expiration of such three calendar months
' lzation Act or 1946; -
bursable basis, with the prior consent of the S>ic. 6. The expenses of the select com-
'Coaunittee on Rules and Administration, the mittee through September 1, 1975, under
services of personnel of any such department this resolution shall not exceed $750,000 of
000 all be
unt not to exceed $100
hi
h
,
amo
c
or agency; (10) to use on a reimbursable basis w
,or ytherwise with the prior consent of the available for the procurement of the services
of any corn- of individual consultants or organizations
te
f th
--
hies
e .,o,.,.
-`.---
l...mlttea o
-- ---
-
,pf any members of the stags of such other contingent fund of the Senate upon vouchers
;$enate committees or any subcommittees of approved by the chairman of. the select
'
.
Such other Senate committees whenever-the committee.
Select committee or its chairman deems that The VICE PRESIDENT. IS there ob-
necessary or appropriate to en-'
i
ti
on
s
such ac
able the select committee to make the inves- jection to the resolution?
Ligation and study authorized and directed Mr. HUGH SCOTT. Mr. President, re-
by this resolution; (11) to have direct access serving the right to object, I do so in
:through the agency of any members of the order, first, to make the point that what
select committee or any of its investigatory we are really trying to do here is agree on
any data, evidence, information, report, an- mally to get the matter on the calendar.
ti
t
l
ng
o any
a
alysis, or document or papers re
of the matters or questions which It is au- If so, I will be prepared to. object Tor that
thorized and directed to investigate and study purpose.
.in the' custody or under the cotrol of any I am not objecting to the early con-
officer, or employee of sideration of the resolution. The distin-
agency
artment
`de
,
,
p
the executive branch of the United States guished majority leader and I have dis-
Government, including any department, cussed the possibility of an early vote. I
(agency, officer, or employee of the United personally am in accord with that.
States Government having the power under
ask one question for
t
ld lik
h
e
o
ou
I s
the laws of the*United States to investigate
any alleged criminal activities or to prose- the benefit of the legislative history: It
cute persons charged with crimes against the, is my understanding that it would be
United States and any department, agency, the intention of the majority that the
officer. or employee of the United States Gov- vice chairman of the committee will be
telligence or surveillance within or outside Mr. PASTORE. That is correct; and
,the United States, without regard to the jur- it is -- specified in the resolution.
Indiction or authority of any other Senate Mr. HUGH SCOTT. I yield to the dis-
committee, which will aid the select commit-
tee to prepare for or conduct the investiga- tinguished Senator from Texas, If I may,
tion and study authorized and directed by who may also wish to reserve the right
extent it determines necessary or appropriate Mr. TOWER. I have nothing to add
any moneys made available to it by the Sen- to what the distinguished Senator from
ate to perform the duties and exercise the Pennsylvania has said, except to express
powers conferred upon it by this resolution the ho
e that when the objection is
p
and to make the investigation and study it
is authorized by this resolution to make. formally raised, we can consent to get
(b) Subnenas may be issued by the select the resolution on the calendar as soon as
.may be served by any person designated by of achieving that, I can object now.
such chairman or other member anywhere I object.
within the borders of the United States. The The VICE PRESIDENT. The objection
chairman of the select committee, or any
other member thereof, is hereby authorized is heard. The resolution will go over
to administer oaths to any witnesses appear- under the rule.
k
id
t
I
M
P
e
en
,
as
r.
r
s
Ing before the committee. Mr. MANSFIELD.
(c) In preparing for or conducting the in- unanimous consent that notwithstand-
mittee shall be empowered to exercise the time of the Senate. I do so because it is
powers conferred upon committees of the not anticipated at the moment that we
".Senate by section 6002 of title 16 of the will be in tomorrow, and perhaps not
United States Code or any other Act of Con- on Thursday. We will be in Friday. It is
gross regulating the granting of immunity
a,.
this
na?i_
-__
h
t
I -
-
u
--- t
for that
a
1,.,.4 va UAW LVMU1Lb 01 IIIe 1nyeat1ga61011
Atlldy conducted by it pursuant to this guished Republican leader and the rank- discussing the jque# is 0f- -jurisdiction
protect the rights of United States citizens ators STENNIS and MCCLELLAN of what -Relations Committee,' we 'hate':. the -Ap-
ltdth regard to those activities. .,,...nadn+tnr,c C nit+t a.eiri? t 'rirv.:.nrvt
essary or desirable to strengthen or clarify jection, it is so ordered. The resolution of. his own Armed Services Committee.
the national security, intelligence, or surveil- is placed on the calendar. . As a matter of fact, when we talk about
lance activities of the United States and to Mr MANSFIELD. I have notified Sen-- Jurisdiction, we also have the foreign
The VICE PRESIDENT. Without ob-
jection, it is so ordered. -
Mr. PASTORE. Mr, President, I do
- want to say, while the resolution Is be-
fore the Senate, :that there is no inten-
tion here to conduct a witch hunt. There
is no one in the :Senate who has more
,appreciation or moree, respect for the
necessity for a CIA, iCclvilian intelli-
gence agency, a military intelligence
agency, and an FBI in, order'to .guar-
antee the security. and the survival
-of this great Republic.' But in recent
Weeks and in recent months there have
been charges and counter charges spelled
out on the front page of every newspaper
in this country.- The matter has been
'discussed over television and radio. The
people of America are confused. They are
asking themselves, ,'What is actually
happening to these organizations which
are-essential for the security and the sur-
vival of our great Nation?" '
In order to clear the air, in order to
cleanse whatever abuses there. have been
in the past, so that we can put these
agencies on the right track, so that. we
can recite, once and for all, the proper
parameters within which they can func-
--tion, I am afraid we will do Irreparable
harm to the security and the-survival of
the country unless we do this.
It was for that reason, "Mr. President,
.that I introduced this resolution before
the.-Democratic conference. 'I made it
.plain 'at the time that in my judgment .
there are no three greater Americans
than Colby, Helms, and Kelley. I know
all three, I have worked with all three,
and I have found them to be distin-
guished gentlemen who are Patriotic and
love this country as much as, any other
Americans, without any doubt at all.
But there has been abuse. They have
been influenced in making their judg-
ments, and these Influences, I ah1 afraid,
have come from on high, may times right
out -of the Oval Room of the -White
House, and sometimes from some'under-
lings at the White House. -
--We had the instance before our com-
mittee where Ehrlichman called up the -
Deputy Director of the CIA and instruct-
ed him to give disguise paraphernalia to
Mr. Hunt. The question is, Under whose
authority? Who was Ehrlichman? Was it
within the purview of the statute? Was it
in conformity with the charter that es-
tablished the CIA? _
These are questions that have to be
.resolved, because we want the CIA to.
be responsive to the President of the
United States directly, and not indirect-
ly. We want him to be responsible to the
Congress that is responsible, in turn, to
the people of this country. It is for that
reason that this investigation is being
conducted and this resolution Is before
this body. - -
It was argued by. the distinguished
any new legislation or the amendment of tion. Senator from Mississippi that this falls
.any existing statute which it considers nec- The VICE PRESIDENT. Without ob- within the purview and the jurisdiction
1u>Ytendstionev as Ito new -congressfonal mittee, Mr. TOWER. If we het it into the prO nations G'om-
Approved For Release 2005%04127:.CIA=RDP IIDQ..
 committee of the Senate to conduct an I expected that such a resolution
investigation and study," and then I would be introduced, and I am very glad
draw particular attention to these words, that it has been introduced, and particu-
"of Government operations with respect larly because my friend, the Senator
to intelligence activities." from Rhode Island, seems to be heading
I want to find out from the author of it up.
the resolution whether he interprets Now, the point that I am trying to
those particular words to include covert get to is, serving. on the Armed Services
actions as well as literal intelligence- Committee, there are many times-
gathering activities, including the full Mr. STENNIS. Mrs President, may we
range of Central Intelligence Agency have order so that those. who wish to
activities such as the paramilitary can give attention to the debate?
operations, propaganda, subversion, de- -The VICE PRESIDENT. Order.
stabilization, operation of proprietary - .Mr." GOLDWATER.-There are many
companies, and counterintelligence. The times, Mr. President,. when we are con-
Inquiry would thus include, for example, -",fronted with testimony that we do not
activities like the secret war in Laos, -. :want to hear. It is of such a highly classi-
Operation Phoenix, and destabilization - fled nature, I,do not think, frankly, any-
of the Government of Chile. ;. one outside' of the; ntelligence commu-
The VICE PRESIDENT. The 10 min- pity should hear it
utes of the Senator from, Montana has Now, It is ,any hope .and prayer that
expired. during the course of this investigation,
Mr. MANSFIELD. Mr. President, I ask -first that a proper committee be selected.
unanimous consent that .I may proceed We do not want to hayeanyone running
for an additional 10 minutes, and yield , for President on thisewtnrxtittee, or any
that additional time to the distinguished . other office. We: Want"to.have people. who
Senator from Rhode Island. are going, to pb,iec a d.hew to the
The VICE PRESIDENT. Without ob :line.-
jection, it is so ordered. Mr. PASTOI E Th . s oorreet.
Mr. PASTORE. The answer is "Yes." If . Mr. ?,QOLDWAJ'ERNow , intelligence
they fall within the purview of any of as not something that ,wegather on
the activities of these. - agencies; and Americans. It is something we gather on
whether these actions are performed .,an enemy. Intelligence is a `worldwide
domestically or abroad, the resolution Is -operation and, 1 must bay, we have al-
very specific in that respect. The answer _ready lost from the ,-,crA probably the
is yes. ? world's finest intelligence officer, because
Mr. KENNEDY. I thank the Senator, he was not going to put up with what he
I believe this is again referred to in sub- - thought he would.:,be ` subjected to In
section 2(14) of the resolution, where it questioning-on the CIA. '
concludes with reference to "the extent . Mr. PASTORE.- Will the senator from
001 =0 0010-7
iii-2-60,5404127--JI-QLA
January 21, 1975
AL RECOI~D
mittee or the Armed Services Commit-
tee, I am afraid we are going back again
to the question of seniority, the seniority
complex that has disturbed so many
people.
I am not against putting senior Mem-
bers on this select committee, but we
have a wealth, we have a reservoir of
competence in this body, of people who
have no settled their minds or prej-
udiced themselves one way or the other.
Frankly, I must say, from my own con-
tact with these two agencies, I am a
little prejudiced, myself, in favor of the
CIA, of military intelligence, and of the
FBI. I am chairman of the subcommit-
tee that funds the FBI. In my humble
opinion, there is no.man I respect more
than Clarance Kelley. I think he is a fine
American, and I think he is an excellent
police officer; no question about it. I have
no fault to find with him, and funda-
mentally, I have no fault to find with
anybody, except that we want the right
-thing done.
We are not going to conduct a witch
hunt in this case. We are not out to get
anyone's scalp. What we are trying to do
is to serve America. This is an open so-
ciety. Even in an open society, sometimes
we have to have a secret organization.
The big question is, To whom are they
responsible? Who got us into Cambodia?
Who got us into Laoss Who got us into
the Bay df Pigs? Who got us into Chile?
Who got us in all over the world, and
under whose authority, and why was not
the Congress told?
Here we are; we passed the war powers
bill in order to restrict the power to de-.
clare war and require that Congress be
consulted, and we find now they can do
it surreptitiously through the CIA or
through some other agency of Govern-
ment. This is all wrong, Mr. President,
and it should be rectified. I hope that
the majority leader and the minority
leader will pick out competent personnel,
of whom we have enough here in the
Senate, and that they will conduct a
hearing, that they will protect the secrecy
of the CIA, the FBI, and the militanj in-
telligence, and that they will not spread
it out publicly and thus injure this
Nation.
I think we have that competence. I
think we have the responsibility to do
that. And after all, the Armed Services
Committee, the Appropriations Commit-
tee, and the Foreign Relations Commit-
tee are not so sanctified that they are
the only ones who can do it.
The only thing I am saying is, let us
spread this out. Let us widen our scope,
and let us pick out men who will devote
themselves to this task, who are not al-
ready too much involved with other re-
sponsibilities'in the Senate, and can get
on and do this job that needs to be done,
,and report back to the people.
Mr. KENNEDY. Mr. President, will the
Senator yield?
Mr. PASTORE. I yield.
Mr. KENNEDY. I wonder if I could
direct' the Senator's attention-to certain
provisions of the resolution, and ask his
interpretation of such provisions.
Mr. PASTORE. The Senator may.
Mr. KENNEDY. The first resolve
tivities in the United States and abroad.
Mr. PASTORE. That is correct.
Mr. KENNEDY. I bring this up be-
cause one might later argue that the
resolution does not cover some of the ac-
tivities the CIA has been involved in be-
cause they are not literally "intelligence
activities," and therefore that they are
not subject to the scope of the resolution.
Mr. PASTORE. No.
Mr. KENNEDY. But quite clearly, as
I have listened to the Senator here on
the floor and also to his explanation in
the caucus, the scope of the resolution
covers all of these matters I have just
referred to, and they would be so in-
cluded in the inquiry authorized by the
resolution. '
Mr. PASTORE. That is correct; and
the majority leader will address himself
to that point, that this is not to be con-
strued in any limited way, that It has to
be given a broad interpretation, and that
interpretation will be the interpretation
of the committee itself, and of nobody
else.
Mr. KENNEDY. I thank the Senator.
Mr. GOLDWATER. Mr. President will
the Senator yield? '
Mr. PASTORE. I yield to the Senator
from Arizona.
Mr. GOLDWATER. Serving on the
Armed Services Committee, as I do, I
can understand the anxiety and the
interest of other Members of this body
over reports emanating from the New
York Times and other newspapers in the
country relative to the activities, or at
ready been, accomplished by the stories
that have appeared?
Mr. GOLDWATER. I am sorry about
what happened.
Mr. PASTORE. Absolutely.
Mr. GOLDWATER. What : I want to
see prevented is a further diminution of
the intelligence forces we have had. -
.I never worked tooclosely'with intelli-
gence but I have worked;close enough
to know, though,' people. in these jobs
and in this field are very difficult to come
by, they are very sensitive to -exposure,
and are very sensitive' to having their
records and discussions brought out in
the press.
So. I would hope, when the majority
leader and minority leader get together
to select this committee, that they select
a committee that will 'weigh all of the
facts and be particularly careful about
what is allowed to leak, because the Wa-
tergate leaked. like an old sieve, and we
sure do not want that to'hapVen In an
area as sensitive as intelligence. '
I might say that we have gone--through
a lot of criticism or we have suffered
through a lot of criticism In this country
in the last several years, criticism of the
military. Who is responsible'for the mili-
"tary to go to'Vietnam? It;:was"not the
'Pentagon; It was the President of the
United States who was the only man who
could do it. Who is responsible `for the CIA, FBI,
.and DIA and others 'getting into fields
I have a feeling .they. did not want to
get into? The Presidpnt,of_:the: United
'
0
ghat high?
tates. N sho d
A 1; 7,
 ----- ----------------- -
528 CONGRESSIONAL r--ECORD - SENATE January 2'1, 19 75
to insure that the rights and liberties of "coordination" be technically or restric- a question to the Senator from Rhode
those granting the license have not been tively interpreted. I am aware that these Island.
impaired. terms may have special or limited mean- 3 call attention to a statement of the
Mr. President, I support the resolution ing to certain agencies within the Fed- Senator from Montana, in which he said,
that will rectify our past neglect over eral Government but it will be the ex- while the Senator from Rhode .Island
the role of intelligence in a free society. elusive responsibility of the committee, was in the Chamber, that this Senate
This resolution will establish a select not the agencies, to define these terms. resolution would in no way impair or
committee to do the job. It would con- It is my hope that the committee will diminish the jurisdiction and responsi-
duct an investigation and study of "gov- define these terms broadly to encompass bilities, rules, and activities of any Sen-
ernmental operations with respect to in- all activities which. have been the sub- ate committee including the Senate
telligence activities and of the extent, if ject of concern in recent months.
any, to which illegal, improper, or un- To my mind it is also imperative that Armed Services That Mr. PASSTORE. That is absolutely
ethical activities were engaged in by any the provisions of section 2 as to the scope correct.
agency of the Federal Government or by of the inquiry be broadly construed. As Mr. STE
any, to which illegal, improper, or un- the resolution explicitly states, the list- from Rhode Island has the the same astir
combination with others, with respect to ing of issues for investigation is not ex- . tude and position about this matter.
any intelligence activity carried out by or elusive. By the same token each of the - Mr. PASTORE. That is absolutely
on behalf of the Federal Government." issues clauses should be read broadly. For correct. That question came up in the
The mandate is broad-broad enough example, although the second clause conference. It was discussed at that
,to accommodate a task which otherwise speaks of the FBI's counterintelligence time. The answer that I now make is the
would fall to a number of Senate com- program against U.S. citizens, this provi- same answer that I made at that time,
mittees. The issues here involved are sim- sion should not be read as a prohibition 'that this does not in anyway impair the
ilarly broad and include constitutional on the committee to investigate activities present jurisdiction of any committee
rights, military and domestic security, by any other agency of the Federal Gov- with reference to the CIA, FBI, or any
foreign affairs, and a host of other over- ernment such as the Internal Security other intelligence-gathering
lapping concerns. Division of the Department of Justice or Mr. STENNIS. I felt sure that ewas still
This resolution provides for the ap- the Special Servi
St
ce
aff of the Internal the Senator's position.
1>ointment of a bipartisan committee to Revenue Service. Nor would it prohibit Mr. PASTORE. That is correct.
be composed of 11 Members of the the committee from investigating pro- Mr. STENNIS. I did want him to ex-
Senate with a chairman to come from grams operated by the FBI or any other press it again.
the majority party and a vice chairman agency where the agency described the May I direct this inquiry to the Sena-
to come from the Republican Party: The Program as "intelligence" as opposed to tor from Montana: I refer to the Sena-
members of the committee are empow- "counterintelligence" or "law enforce- tot's remarks with reference to a gen-
ered to select a chairman and vice chair- ment investigative" as-opposed to "intelli erous or liberal construction of, I believe
man. It will have a degree of autonomy Bence." he said, section 3, used in his illustration.
necessary to function freely to assure the Furthermore, it is the intent of the I believe, Mr. President, it would really
committee and its members that it has drafters that the committee have every be better not to try to interpret the
the full confidence of the leadership of legitimate investigative tool at its dis- language generously by debate here if we
the Senate and of the entire body. Posal. Therefore, those provisions of see- could have an understanding that the
At this point I wish to make it very tion 3 dealing with the committee's in- committee, whomever it is, is clearly re-
clear that no authority granted to this vestigative apparatus should be gener- sponsible to the Senate to interpret it
select committee under the resolution is ously construed. For example, it would the best they can and, when in doubt,
intended to, nor will it, constitute an in- seem obvious to me that clauses 5 and 11 refer the matter back to the Senate. I
fringement of the present jurisdiction of requiring disclosure of agency materials know that Judges get in trouble some-
any other committee of the Senate in and permitting access to agency files times trying to Interpret a very impor-
relation to the intelligence or law en- should be construed so that the classi- tant Provision of law._ I-just believe it is
forcement activities of our Government. fication system should not stand as a bar a We rule to refer back. I mean to refer
Many committees of the Senate have to the committee's investigation regard- back for interpretation or further au-
overlapping legislative, oversight, and less of the level of classification. The thority. Would the Senator respond to
appropriations jurisdiction and author- committee and its staff would be subject that?
ity, that is, the Committees on Appro- to the disciplinary action of the Senate Mr. MANSFmw . Yes, Indeed. May I
priations, Armed Services, Government for any leaks or improper disclosure of say that what I.waa.seeking to einpha-
Operations, Foreign Relations and Post information it receives. Furthermore, size was the fullest cooperation on the
Office and Civil Service. The authority the committee would not be restricted Part of the agencies which would be
granted by this resolution will in noway by section 403(g) or any other provision questioned under the inquiry if it be-
impair the responsibilities or duties of of the National Security Act or of any comes the will of the Senate to approve
those committees in this field-indeed, it other statute which is designed to limit it.
cannot under the existing rules of the congressional or public access to agency - As far 'as- coming back to the Ben-
Senate. - files. Section 403 (g) authorizes the ad- ate is. concerned, I would expect the
The select committee's task is precise. ministration to withhold budget infor- committee, if it is created, to make that
Neither witch hunt nor whitewash will mation from Congress and a restrictive decision. I would be willing to abide by
be here conducted; and there will be no interpretation of its provisions alone its judgment. I am very certain that we
wholesale dismantling of our intelligence would thwart much of the committee's will have the most responsible Members
community. What we hope to obtain is a work. _
full and objective analysis of the role of I must emphasize these last -few re- and the Senate-they fad hatharC9 this com-
intelligence-gathering in a free society marks as we in the Senate are here seek- mittee, if it is created, which is the serv-
today measured against current laws, ing the broadest and most intensive in- ant, of the Senate as are all committees;
practices, and policies in the intelligence vestigation. The intelligence community would, if it decides to do so. in its wis-
community. It is a task that is long over- must be on notice that the Senate will dom make a decision as to whether or not
due. not accept less than the full measure of a moot
Finally, it should be made clear that cooperation and assistance on its part- referred tithe Senate for counsel and
this committee will only be able to per- CIA, FBI, NSA, DIA, and all the rest. advice...
form its function effectively if the pro- Again, Mr. President, I give my whole- Mr. PASTORE. May I respond to that
visions of this resolution are liberally hearted support to the resolution offered question, too? If any member of that
construed by committee and the agen- by the distinguished Senator from Rhode committee who has reached the point
cies which are the subject of its invests- Island, and I commend him for his-initi- in responsibility of becoming a Senator
gation. For example, it is not the intent ative in this respect and at this time. of the United States ever dared to say,
of the drafters of this resolution that Mr. STENNIS. Will the Senator Yield? `Give me 'a list of your Informers" I
words such as "intelligence," "counter- Mr. MANSFrrFr.n voo
-. - ?. ....,ao w wuui-caa committee de aissc
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CONGRESSIONAL RECORD - SENATE
Maybe we should not, but I just wanted
to rise on the floor and state as a man
who has been exposed to intelligence and
who serves on the Armed Services Com-
mittee and feels rightly that we need a
job there that should have been done,
that we did not get too rambunctious
in it, we did not make exposures in ex-
ploring it; and in the course of select-
ing the committee and carrying on hear-
ings that we could have a minimum of
televised hearings. We could have this
investigation done in a way that is going
to benefit the CIA, the DIA, and FBI, and
our country.
I know that the resolution. will be
agreed to, and I merely wanted to pass
on my feelings as one Member of this
body. And again I am grateful that the
Senator from Rhode Island, who is a man
of great restraint and great patience, is
the one who is the author of this reso-
lution.
Mr. PASTORE. I thank the Senator
from Arizona. I agree with him implic-
itly. I have been a member of the Joint
Committee on Atomic Energy since 1952.
In all these years there has not been a
single leak. The best kept secret was
the atomic bomb. We can keep it where
it belongs if we try, and I think that we
..have enough respectability, enough re-
sponsibility, in this body to achieve that.
It would be an awful day if this be-
came a television spectacular. It would
be an awful day if we did this merely
for publicity propaganda. What we want
is we want to clean up these agencies
in a fashion that will at least restore
The Senator said some harm has al-
ready been done abroad. Would it not
be catastrophic if the American people
lost their confidence in these agencies
which are absolutely necessary for our
-....- --A ...... .......n,ro19 A,A tha.i.. is
mittee, but having served with the dis-
tinguished Senator from Rhode Island
on the Atomic Energy Committee, I
want to say that I do hope they will
persuade him to serve on this committee
and act a? its chairman.
Mr. MANSFIELD. Mr. President, the
majority leader will take care of that
chore and that responsibility to the best
S 527
The question is, I just want to be sure
with respect to the phrase in the resolu-
tion concerning the suggestion that the
committee address itself to the question
of oversight. I want to clarify the ques-
tion. It is not intended, is it, to preclude
Congress from proceeding in the mean-
time-
Mr. PASTORE. Not at all
,Mr. NELSON. To adopt a joint resolu-
tion or pass legislation on creating a
joint committee on oversight if they see
fit to do so.
Mr. PASTORE. No.
As a matter of fact, the Senate of the
United States is a.free agent from this
moment on to eternity.
Mr. NELSON. I appreciate that be-
cause I think it is important we pass leg-
islation for the creation of -a joint com-
mittee to conduct oversight on all in-
telligence operations on American citi-
zens and surveillance within this country
at a very early date.
I thank the Senator.
Mr. MANSFIELD. Mr. President, I may
say in response to the questions raised
by the distinguished Senator from Wis-
consin that for many years I, too, have
been trying to suggest the creation of an
oversight committee specifically applied
to the CIA, not for the purpose of Beni-
. grating it but for the purpose of protect-
ing it, because there are times when that
agency is not in a position to answer
allegations or charges and it should have
a joint committee, as the Atomic Energy
-Commission does, to come to so that the
truth can be laid out and, wherever ne-
cessary, corrections made.
Mr. President, every Member of the
Senate is fully aware of the monumental
tasks facing this Congress as we ad-
dress the economic problems of inflation
and recession and energy. Members of
this body know, too, that the people of
pf his ability. I yield to the Senator from -
North Dakota briefly.
Mr. YOUNG. I thank the Senator. I
just want to ask one question, and my
concern is about confidentiality and
leaks from this committee. How big a
staff is contemplated?
Mr. MANSFIELD. That would be for
the committee to decide, may I say to the
distinguished Senator from North Da-
kota, the ranking member of the Com-
mittee on Appropriations, who is well
versed in thees matters under discussion,
and I would anticipate that the staff
would have the highest possible clear-
ance, and would not be too large as to be
cumbersome but large enough to carry
out its duties.
Mr. YOUNG. I would hope they would
have good and proper clearance and not
too many, because the more people there
are on the committee, the more staff
members, the greater the possibility for
leaks.
Mr. MANSFIELD. I think clearance is
mandatory. The Senator from Wis-
consin.
Mr. NELSON. Mr. President, I wonder
if the distinguished Senator from Rhode
Island will yield for a question relative
.to the issue of oversight. In the confer-
ence the other day, we discussed the
question of oversight, and I do not have
in my hands a copy of the resolution but,
as the Senator knows, there is a brief
sentence in the resolution that makes
reference to the responsibility of the
all I am trying to achieve. UUL111111UV V w =... On the question of being a member, oversight and to make recommendations their elected representatives in the Con-
I have already disavowed it. I will reject to the Congress, if they have some to gress get on with job of crisis, of stemming the eet meeting ithe
any invitation to become a member of make, respecting the question of over- any spiral and of combating inflation.
the committee because I submitted this sight,
resolution, and I do not want it ever As the Senator knows, the issue of _What isat stake is the vital well-being
even to appear that I did it because I oversight of intelligence activities in this of th(i American people threated by
by
was looking for another job. country has been under discussion for impoverishment and economic
which is robbing their livelihood. stud.
Mr. GOLDWATER. Will the Senator many years. So far as I am personally tion yield for another remark? concerned I have had a resolution to cre- I am certain, too, Mr. President, that
Mr. PASTORE. Yes. ate a joint committee on oversight of all Members of this Senate are also chill
Mr. GOLDWATER. I would hope the intelligence activities and surveillance ingly aware that a zero rate of inflation,
Senator would not take a cemented po- within this country since 1971. It has economic growth and abundance, and
sition on it. I have spoken on this sub- been pending in the Judiciary Commit- jobs for everyone will mean nothing if
ject. I have not asked to be on this com- tee. we allow our unique and precious rights
mittee. If I am asked, I think I would Mr. MANSFIELD. Mr. President, I ask and liberties as free American citizens to
serve. I do not think any of us should unanimous consent that I may proceed be eroded in the name of "national se-
preclude our being asked. I say we have for an additional 10 minutes, with apolo- curity."
to have restraint in this committee. I gies for -those who are waiting so pa- Unfolding recently,.however, has been
a whole series of revelations in the press
think it would be wise to let the leader- tiently.
ship know who is chosen for this com- The PRESIDING OFFICER (Mr. and elsewhere which suggest that such
mittee before we are asked to vote on it. FORD). Without objection, the Senator an erosion has indeed begun to -occur.
proceed These -events have made it abundantly
Senator yield? ...,... _.. -
Mr.. MANSFIELD. I will yield, but I troduced in 1973 and referred to the detriment as free individuals Jefferson's
and three-quarters old
entur
i
w
y
ng a c
arn
want to assure the Senator from Ari- Committee on the Judiciary, then sub-
that as for as the leader- mitted in a different form and referred that eternal vigilance is the price of
if I ma
y,
zonal
p}~ip is concerned; .there will be no TV to another committee. liberty.
spectaculars in any way, shape, or form. Mr. MANSFIELD. Government Oper- In this case, vigilance is essential to
.. . 1..._,...w th
t A, intelligence-gathering
a
th
e A7GAA-
-Aar. ,4avi+u W nlIX'.. A oua11A
ator. Mr. NELSON. Government Opera- -and law enforcement agencies. exercise
Mr, CURTIS. Mr. President, I certainly tions. And then Senators Musxm, JACK- that license provided them by the ?repre-
have' no authority to suggest who from SON, and I submitted it again a couple sentatives of a free people--btit no more
the majority should be on this com- of weeks ago. than that, license. Vigilance; is essential
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20 040Q
 S 529
MILITARY INTERVENTION IN THE pressure some believe it is necessary to
MIDDLE EAST reduce international problems to their
fr. HATFIELD. Mr. President, re- lowest common denominator-military
ports that the administration is consid- conflict- rid to begin to speak again
ering direct military intervention in the as if aggression were a necessary, if dis-
Middle East have occurred with an un- tasteful, tactical option. If the Secre-
easy frequency in recent weeks. The tart' is serious, and there is no reason
latest warning came from Secretary of to believe otherwise, might we assume
State Kissinger during an interview in that the psychological groundwork is be-
which he gives a clear and solemn impli- f laid among the American citizenry
cation that military forces of the United for r the eventuality. of yet another U.S.
States would be used against oil pro- military intervention of a nation that
ducers should the western industrialized lies half a world away? ,
world be faced with "some" economic To those who still clearly recall the
strangulation, moral and military catastrophe of Viet-
While representing the views of the nam, the contemplation of using such
force may seem preposterous. D.
Ford administration, Dr. Kissinger en- singer, they
non
gaged himself in a familiar, if dangerous, without will eat', o igniting i a c c annon
wthout the benefit of ammunition. He
polemic tactic. He first reminded us of is rattling the sabers of American mili-
the imm
d
ense
angers surrounding any
such unilateral action in the Middle
East. He recalled the lessons of the
Vietnam tragedy, the catastrophic misuse
and overestimation of American military
power, the vast difficulties we encount-
tered in trying to extricate ourselves
from the jungles of Indochina. Dr. Kis-
singer then effectively voids his own
warning by again giving rise to the
`specter of U.S. armed aggression: "I
am not saying," Dr. Kissinger adds,
"that there is no circumstance where
,we would not use force."
Mr. President, I will not stand before
you today and pretend to understand the
nuances and subtleties of Dr. Kissinger's
moral juxtaposition, or wham possible
purpose he hopes to achieve by threaten-
ing overtly the countries of the Middle
East and the fragile peace of a troubled
world. For I can sense little reason for
.hope in the Secretary's remarks.
Let me speak plainly. As every Amer-
ican realizes, Dr. Kissinger is not talking
tary power fot some higher strategic
purpose which will somehow serve the
interest of world peace and stability. Ad-
ministration strategists cannot be seri-
ous, they will say. --
Perhaps not. But I would remind my
colleagues today that we have heard re-
marks such as Dr. Kissinger's before. In
the 1930's the world was told by the
German nation that renewed German
imperialism would be tantamount to po-
litical suicide. But by 1938, Hitler con-
trolled the coal mines of the Sudeten-
land. In 1964 this Nation was assured by
its President that American soldiers
would not be sent to fight an Asian war.
A year later American soldiers -were
dying In jungles and swamps of Indo-
china. In each case the world was as-
sured that invasion was politically de-
structive. In each case intervention oc-
curred. To deny the eventuality of an
economic situation which Dr. Kissinger
fears, and thus to deny the possibility
of renewed Ame
i
a
ilit
r
c
n m
ary aggres-
in the abstract about imaginary crises
or hypothetical situations. He is talking all oe, is to live in the most imaginary of
and threatening military action. al political worlds.
We have, then, an obligation to take
The Western World is already expert- Secretary Kissinger's remarks seriousl
y.
encing grave economic and political re- It then follows that we must also set out
percussion as a result of its dependence to explore the immense Implications of
on Mideast oil. To say that such is not such action, and its effect on the search
the case is to deny the obvious-that for peace.
"some" strangulation of Western indus- Mr. President, I have been alarmed re-
trial economies is occurring right now as cently to hear the commentary of re-
a result of high oil prices. It is also per- spected writers and Government officials
fectly clear to any but the casual viewer who believe that intervention. should
that yet another significant increase in occur if, to quote one columnist, "the
the price of oil will cause this strangula- difference means disaster." This is a valid
tion to become more acute. Finally, human reaction to a threat of consider-
should war again break out in the Mid- able economic disruption. But, if one
die East 'and yet another embargo be struggles to avoid "disaster" -through
drawn against the industrial powers of military force, one must be sure that the
the West, Dr. Kissinger's "circumstan- use-of such force will not result in ac-
constantly by the threat of strategic or endanger, as never before, the ongoing
total 'nuclear war. Under the strain of business of civilized man? Who can be-
such complexity perhaps some feel it is lieve that, should an Intervention be
at times necessary to clear the air, and launched, the Soviet Union would stand
to contemplate the abandonment of passively by as we fractured the struc-
morality and rational judgment to the ture of existing international law in an
purposes of war. Perhaps under such attempt to secure over half of the re-
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" nuary `.9, S N L RECORD -=SENATE
Mr, MANSFIELD. I would agree.
_Mr. PASTORE. Let us face it. After
committee. I have confidence in this body
`;.Mr. MANSFIELD. Mr. President, may
have 5 additional minutes?
objection, it is so ordered.
Mr. STENNIS. If the Senator will yield
further, I am not questioning the capac-
ity or the motives of anyone who be-
,comes a member of the committee. I
think that is the key to a lot of the situa-
'tjons. But to instruct here, more or less in
.debate, for liberal interpretations of
various authority granted by the Senate
I think should be spelled out the best we
can rather than just give them an open
door for so-called liberal interpretations.
I say that in all deference. I do not think
the Senator intends to do that at all, but
It could happen. I do not think the Sena-
tor from Montana intends for it to hap-
.Just that way. I think laws sometimes
have these. preambles in them that leave
the doors too wide open, too.
sional committees by departments, agen-
cies, and bureaus within the executive
branch of the Government. I would point
out also that the only elected officials of
the Government of the United States at,
the present time just happen to be the
.Ilotlse and Senate of the Congress of the
,United States. I say that with due re-
spect to the President and the Vice Pres-
ident, both of whom have assumed that
office under the 25th amendment. That
is constitutionally correct and unddr-
standable. But I would not demean or
degrade the Senate. I have confidence in
all 100 Members of this body. I do not
expect them to go off the edge. But I do
want them to have at their disposal, this
committee if it is created, the necessary
information by means of which it could
arrive at a reasoned and objective judg-
ment. I am sure the Senator from Mis-
sissippi feels exactly the same way.
Mr. STENNIS. The Senator is correct.
I aun just directing my thoughts to the
language used here in debate. I just have,
my reservations about that point of in-
terpretation. I thank the Senator for his
answers. The matter of jurisdiction and
cerned with.
Mr. MANSFIELD. May I say what I
expressed was my opinion and what the
committee will express, if it is created,
will be its judgment.
-I thank most especially the disti
n-
guished Senator from Oregon for allow-
jng us to take up so much of his time.
ORDER OF BUSINESS
The PRESIDING OFFIC:Ia (Mr.
BUMPERS). Under the previotiI order, the
Senator from Oregon (Mr. HATFIELD) is
 `Approved For Release 2005/04/27 : CIA-RDP77M00144R00120004OD10-7
CONGRESSIONAL RECORD-SENATE
maining known oil reserves that the
--:rorld has left? Who can believe that an
`rnmediate nuclear callup would not as-
Furedly follow such an invasion,,and that
Soviet troops would not be rushed to-
ward an encounter with an outlawed in-
vasion force sent by the United States
of America?
Who can state with anything ap-
proaching reasonable certainty that
such an encounter would not mushroom
into a limited or total nuclear confron-
tation? Which of those who blindly talk
of intervention cannot remember the re-
action of the United States to the threat
of the unilateral involvement of Soviet
troops following the outbreak of the Oc-
tober 1973 war? Was not our worldwide
retaliatory force put on nuclear alert?
Did we not act immediately to dispatch
our bombers toward Soviet airspace?
Can any strategist seriously believe that
a similar response would not occur with-
in the war rooms of the Soviet Union, as
the U.S. invasion force moved to con-
trol the lifeblood of the world's techno-
logical and industrial machinery? Can
someone assure me that we will consent
-to hold back our intervention, as the
Soviets did in the Middle East and dur-
ing the Cuban missile crisis of 1962; if
such an alert occurs?
Can those who talk of the ultimate
success of such an operation be serious?
Is it so difficult to realize the obvious:
that even allowing for a successful inva-
sion, there will be nothing to prevent the
Arabs from destroying the fields before
they are militarily secured? And in the
light of those exploding oil fields, who
will explain again how we sought only to
avoid disaster, and that conquest was
necessary for the renewed stability of
world order?
Finally, can anyone believe that, even
should such an illegal invasion success-
fully occur, even should a percentage of
the fields be left functional, terrorism
would not dominate that region of the
world. for years to come, that tankers
moved through the Persian Gulf, at
thousands of miles of pipeline uld
have to be patrolled, that the JOIddle
East would become an armed c p re-
quiring soldiers, sophisticate defense
networks, and armed air and a patrols
What nation would be . xt? If the.
price of other minerals ential to the
advancement of our ma*ial prosperity
soars, do we threaten i ervention in yet
more third and fo "world countries?
How soon will it to the world to un-
derstand, then thati he boundless mate-
rial needs of adva>Ved industrialism will
turn the Americt l democracy into a na-
tion helpless bore the dynamism of its
own, economies yranny? Our options will
dwindle, un1yjl the only alternative is
conflict ano]aaggression.
Doroth751t. Sayers has said:
War is judgment that overtakes societies
when t have been living. upon ideas that
c:onfli too violently with the laws govern-
ing t#W universe. _ , . Never think that wars
are ational catastrophies: they happen
wh wrong ways of thinking and living
brthg about intolerable situations.
Mr. President, we must view our pres-
ent situation, and Dr. Kissinger's unfor-
tunate remarks, in this context and no
other. We must admit to ourselves the
obvious: the superindustrialized technol-
ogies of the United States and the similar
systems of Western nations cannot con-
tinue in a perilous economic course that
can only lead inexorably toward conflict.
fear, and finally war. At our present rate
of economic growth the dependence on
raw materials and fuel supplies from
outside our national boundaries can only
intensify. As a result, pressures will grow
to extend our economic and military in-
fluence throughout the world in an at-
tempt to cheaply secure these resources.
If diplomatic and economic influence
fails, it is clear that military threats and
aggression must form the final solution.
The limits of world oil reserves and
fering us a vision of things to come. r
an industrial system which uses rty
percent of the world's primary re rces
to supply the wants and needs 6 per-
cent of the population is a sy in that
can only continue to accele to under
the threat of world reso shortages
and the breakdown of int tional re-
Mr. President, at the estern World's
current consumption e, all known oil
reserves in the free rld will be dissi-
pated in 24 years. T# entire known Mid-
eas/years. rves be used up in about
14 r k Alaskan oil reserves
can by this country in less
thas. ese statistics, it will be
argt take into consideration
expnd the discovery of poten-
tialources of oil. But neither, I
mio they take into considera-
tionual increase in production
and ption that characterizes the
indonomies of the West.
. Kissinger's remarks must provoke
relationship to other peoples, and our
legacy to future generations.
In talking of such transitory military
solutions, are we contemplating what our
collective future might be like, even be-
yond the next decade? Are we beginning
now to make the efforts and sacrifices
needed to insure that industrialism will
survive the second millennium? Are we
looking into the distant future, even
dimly, to see If we will have a future or
not? Are we marshalling the, forces of
our scientific and technological genius to
harness the limitless power of the waves
and the winds and the sun, Instead of
stripping wholesale the finite resources
of the Earth?
Are we moving to slow the growth of
superindustrialism until such an energy
transference can be accomplished, or are
we blindly pursuing a course of greed
and waste that may well insure the col-
lapse of that which we have attained?
Are we willing now to admit that, as
Industrialism accelerates, it destroys and
consumes the very foundation on which
it rests, or will we pursue the worlds re-
sources in a constant, aggressive search
for wealth?
Dr. Kissinger's remarks and current
January el, 1975
world conditions indicate that the time
for decisioninaking is growing dan-
gerously short. If we continue to live the
19th-century dream of undless plenty
and wealth, if we con ue to view the
world as a quarry fo ur exploitation, if
we continue in the ad delusions of our
own invincibility we face a future of
grave and cons t peril.
Our presen curse promotes an un-
easy madne that is destructive of logic
and or urpose.' It legitimizes irra-
tionality. provokes fear among our
people d the nations of the world; it
Sancti aggretsion and threatens the
"wor with a war for which we alone
wo be responsible.
we continue to Imagine the future as only
an aggravation of the present?
Flow long can `we continue policies
based on the most dangerous of assump-
tions: That we can invade and control
any nation we choose, that we will be
free in the future to shape the world in
our own image, that we can continue to
use the Earth for our own, limitless
purpose?
Mr. President, we are not helpless. We
can begin again, and together we can re-
envision the future. With immense effort
and imagination the remaining civiliza-
tions of the world, descendants of an-
cient peoples, can break the chains of
the past which bind us to the ageless
threats of war and violence. We can pro-
ceed with hope toward the third mil-
lenium if we but remember that we share
custody of the Earth; we do not own it.
To this end we can begin now to funda-
mentally restructure our domestic eco-
nomic order so that its prosperity is no
conger dependent on the exploitation of
limited world resources. And we can
shape an international order that func-
tions to'Insure the just distribution of
the world's bounty rather than to pro-
tect the power of -those who have come
to hold it. These things can and must be
done if we are to finally unearth the
roots of war.
In the growing storms of the present
we must find an inner strength equal to
resolving the conflicts before us. if we
can, through the marriage of courage and
wisdom, commit ourselves to the bonds
.of our common humanity, the future of
mankind will unfold with fascination
and purpose. If we cannot, the future
will be lost.
I gather hope and courage from an
ancient source. Long ago a people were
told;'
I have set before you life and death, bless-
ing and cursing; therefore Choose life, that
both thou and thy seed may live.
.. The choice is again before Us. We too
must live on. These threats of war nest
end.
Mr. MANSFIELD. Mr. President, I
seek recognition.
The PRESIDING OFFICER. The Sen-
ator from Montana Is recognized.
Mr_ MANSFIELD, I yield to the ,dia-
tinguished Senator from Oregon. Will
the Senator yield? .
Mr. HATFIELD. I yield.
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 within the 8-year period ending,
veal .,~,,.. -
elr residence is $20,000 or less. (This }ec_
pave ' %ti if the adjusted sales price
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reporting the gain on the sale of his personal
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residence, the cost of wnlon equals or ---
the adjusted sale price of the old residence.
Additional time is allowed if (1) you con-
etruct the new residence or (2) you were
on active duty in the U.S. Armed Forces.
publication 523 (Tax Information on Selling
your Home) may also be helpful.
Retirement Income Credit.-TO qualify for
the retirement income credit, you must (a)
be a U.S. citizen or resident, (b) have re-
ceived earned income in excess of $600 In
each of any 10 calendar years before 1974,
and (c) have certain types of qualifying
"retirement Income". Five types of income-
pensions, annuities, interest, and dividends
included on line 15, Form 1040, and gross
rents from Schedule E, Part II, column (b)-
qualify for the retirement income credit.
The credit is 15% of the lesser of:
1. A taxpayer's qualifying retirement in-
come, or
2. $1,524 ($2,286 for a joint return where
both taxpayers are 65 or older) minus the
total of nontaxable pensions (such as Social
Security benefits or Railroad Retirement an-
nuities) and earned income (depending upon
the taxpayer's age and the amount of any
earnings he may have).
If the taxpayer is under 62, he must reduce
the $1,524 figure by the amount of earned
income in excess of $900. For persons at least
62 years old but less than 72, this amount is
reduced by one-half of the earned income in
excess of $1,200 up to $1,700, plus the total
was violated. Had the Genocide Conven-
tion been in existence two decades ago
those who perpetuated atrocities between
1933 and 1939 could have been brought to
justice.
This situation displays the same kind
of - inaction that was brought against
those responsible for the Armenian mas-
sacres even though Turkey and her Ger-
man allies were defeated in World War I.
There is evidence on the record that
Hitler duly noted this fact when he pre-
pared his program of exterminations.
Documents introduced at the Nurem-
berg trials contain the following state-
ment made by Hitler in August 1939 just
before the invasion of Poland:
What the weak western European civiliza-
tion thinks about me does not matter. .. .
I have sent to the East only my Death's
head units with the order to kill without
pity or mercy all men, women, and children
of the Polish race and language. Only In such
a way will we win the vital space we need.
Who still talks nowadays of the extermina-
tion of the Armenians?
It is quite apparent from the previous
statement that Hitler interpreted the
world's inaction on the Armenian mas-
sacres as tacit consent to do as he
pleased. Why should the world stop him
when they have always failed in the past
to show concern?
The Genocide Treaty Is the document
that displays the world's outrage and
concern over acts of Genocide. Yet the
United States has refused to sign this
important document. In the interest of
further international peace and safety,
in the hopes of eliminating all future
crimes against humanity, I urge my col-
leagues to join me in support of the
Genocide Convention accords.
CONCLUSION OF MORNING
BUSINESS
NG OFFICER. The time
The Internal Revenue Service 11 also
compute the retirement income ore for a
taxpayer if he has requested that com-
pute his tax and he answers the q tions
for columns A and B and completes es 2
and 5 on Schedule R-relating to the ount
of his Social Security benefits, Railr Re-
tirement annuities, earned Income and
qualifying retirement income (pensio an-
nuities, interest, divjdends, and rents The
taxpayer should also write "RIC" on li 17,
NUREMBERG TRIALS ONLY lSIN-
FORCE NEED FOR THE ADOP ON
OF THE GENOCIDE TREATY
Mr. PROXMIRE. Mr. President, a of
the worst offenders of the crime o eno-
cide before the action was outla d by
the United Nations was the Na s ex-
termination of 6 million Jews, 2'/ illion
Poles, hundreds of thousands of; zechs,
When the Nuremberg trials nvened
it was decided that the Nazis - uld not
be punished for acts of geno a com-
mitted prior to 1939. The N1remberg
tribunal which tried war criminals for
crimes against humanity refused to con-
sider outrages occurring before the war
on the grounds that no international law
for the conclusion of morning business
having arrived, morning business is
closed.
SELECT COMMITTEE TO STUDY
GOVERNMENTAL INTELLIGENCE-
GATHERING ACTIVITIES
The PRESIDING OFFICER. Under the
previous order, the hour of 1 p.m. having
arrived, the Senate will now proceed to
the consideration of Senate Resolution
21, which will be stated by title.
The assistant legislative clerk read as
follows:
A resolution (S. Res. 21) to establish a
Select Committee of the Senate to conduct an
investigation and study with respect to in-
telligence activities carried out by or on be-
half of the Federal Government.
The PRESIDING OFFICER. The time
for debate on this resolution is limited to
2 hours, to be equally divided between
and controlled by the majority and
minority leaders or their designees, with
the vote to occur at 3 p.m.
Mr. MANSFIELD. Mr. President, I
yield my time to the distinguished senior
Senator from Rhode Island (Mr.,PAS-
TORE).
I suggest the absence of a quorum, with
the time to be charged against both
sides.
S 967
Mr. GRIFFIN. Mr. President, will the
Senator yield?
Mr. MANSFIELD. I yield.
Mr. GRIFFIN. Mr. President, I ask
that the time on this side be yielded to
the control of the Senator from Texas
(Mr. TOWER).
The PRESIDING OFFICER. The clerk .
will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. TOWER. Mr. President, I ask
unanimous consent that the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. TOWER. Mr. President, I ask
unanimous consent that Miss Pam Tlu?-
ner, bf my staff, have the privilege of
the floor during the consideration of Sen-
ate Resolution 21 and all amendments
thereto.
The PRESIDING OFFICER (Mr. GARY
W. HART). Without objection, it is so
ordered.
Mr. TOWER. Mr. President, I suggest
the absence of a quorum.
- The PRESIDING OFFICER. On whose
time? '
Mr. TOWER. To be charged equally to
both sides.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The clerk will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. PASTORE. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. PASTORE. Mr. President, a parli-
amentary inquiry.
The PRESIDING OFFICER. The Sen-
ator will state it.
Mr. PASTORE. What is the pending
business?
The PRESIDING OFFICER. The
pending business is Senate Resolution
No. 21.
Mr. PASTORE. Mr. President and col-
leagues, I am not going to belabor this
measure this morning by an extended
explanation. As a matter of fact, I did
explain it last week and I think that
what we are trying to achieve is quite
well understood by the Members of the
Senate.
I do not think we are going to have any
difficulty with this resolution. As a mat-
ter of fact, it is generally conceded, to be
necessary, and I point up the fact that,
by a vote of 45 to 7, it was approved by
the Democratic Conference.
As I understand it, the minority
leader has stated today his selection of
members of the select committee, so I
construe from that that the other side
is more or less amenable to this resolu-
tion.
Mr. TOWER. Mr. President, will the
Senator yield?
Mr. PASTORE. Unless it was a gesture
of futility.
Mr. TOWER. It was acceptance of the
inevitable, I think.
Mr. PASTORE. Mr. President, I -wish
to make it abundantly clear at the out-
set that the FBI, the CIA, and Military
Intelligence are absolutely necessary to
the security and the survival of this
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 S 968 Approved For,ReleaseMp751~ZMR944FRQ~i,01Q040010-7 January 27, 1975"t
great Republic. Anyone who questions they are. I am sure they will all render not only the acceptance of any findings and
for a moment, anyone who should try or fine service. recommendations but also the possibility of
at the time
--~~
eismente of the American people. Otherwise,
should Immediately disabuse his mind that I introduced this resolution, that efforts to correct past ia}proprfeties' and re-
of it. I was not doing it for any selfish reason; store confidence to Our government's ability
I have been connected for a long time I was doing it because I thought It needed to conduct In an appropriate manner the
with the workings of these agencies. I to be done. very sensitive and important intelligence
realize why they were instituted in the Mr. President, having said that, I have function, will fatter.
first place. We could not survive as a nothing further. I am perfectly willing To fall to create a broadly based committee
would ,
e 8n the and be a disservice to American
decent society without the FBI. We could to answer any questions. It is a very aim the th
never survive as a great nation in this he enatey our country and the American
pie resolution. It is all spelled out. I people. troubled world, this sensitive world, with- understand there are going to be two Testimony already taken in the congress
out a CIA or military intelligence. $o I amendments. 'I am amenable to both strongly indicates that there have been
wish to make it abundantly clear, Mr. amendments, with the exception that on abuses and misuses of authority within the
President, that what We are trying to the Tower amendment, I hope we can Central Intelligence, Agency. allegations of
do is find out the abuses of the past and clarify one statement at the end, where other improprieties remain unanswered. A
also of the present, to find out how it it says: virtual floodgate of questions and charges
has been opened, engulfing our intelligence
all started, how far it went, to remedy The type of security clearance to be re- community to suspicion and uncertainty.
these abuses and make sure that in the quired in the case of any such employee or While some of this may have been more sen-
future they will not happen; and in the person shall be commensurate with the sensi- sation than substance, the facts remain that
final analysis, ultimately, that the confi- tivity of the classified information to which both damaging testimony and allegations of
dence of the people wil be reaffirmed such employee or person will be given access serious misconduct are before us and that
and strengthened in their appreciation by the select committee. they have not been rebutted to the satisac-
and their consideration, as to the essen- I think we ought to nail that down to tion of most members, of Congress or of the
American people,
tiality of these great arms of Govern- be within the determination of the tom- The .$podaate cannot and should not be
merit. miller itself. closed; the questions raised must be an-
Mr. President, having said that, I must I should like to add some language in swered; the faith of the people in this most
in all fairness say that there have been there, in the last sentence: "within the sensitive area of their. government must be
some very serious abuses. I am not going determination made by the committee restored.
to debate them this morning. As a matter itself.- If an agency has overstepped Its author-
of fact, our newspaper headlines have Mr. TOWER, Mr. President, I wonder Ityw 11 it hasvlolsed tthe rights of citizens
has been
been replete with a dissertation of what if I might visit with the distinguished nvol lv ved In illegal activities, iff it ha
s been
they are. There have been charges and Senator from Rhode Island. I utilized in derogation of its public trust,
countercharges. There have been those Mr. PASTORE. When the proper time then these matters must be fully investi-
who have exaggerated some of the comes. I do not think we are too much gated. Corrective steps must be taken.
wrongs; there are those who have mini- in disagreement. I repeat what I said There was an earlier timme In this Nation
mized some the wrongs. Because the su- last week when I was questioned by the when the agencies in question born in a
pervision on the part of Congress is distinguished Senator from Mississippi, turbulent area of violent crime half a cen-tury
ath of spread throughout several committees, the chairman of the Committee on later---enjoyed abvery different Image. TThh y
each of which has jurisdiction in its own Armed Services: The jurisdiction of each were looked uardians of the Nation
way-the Committee on Foreign Rela- committee as It now stands will continue. and protectors of law-abiding citizens. But,
tions is absolutely interested in inteli- There is nothing in this resolution that like so many of this country's institutions in
Bence abroad; the Committee on the changes that one iota. I suppose that the recent years, they have fallen in esteem. The
Armed Services is absolutely interested authorization bills, when they come up, intelligence community has lost its glitter.
in military intelligence; the Joint Com- will be referred to the Committee on The FBI hero of the 1930's has been replaced
mittee on Atomic Energy is absolutely Armed Services, there Is no question at all `c the public eye by a truth more dubious
interested in where our nuclear weapons about that. I suppose before. deciding the Thus, the need for a full investigation
are and how well they are being pro- authorization the chairman will conduct of the tide of current charges goes beyond
tected and, vis-a-vis with our adver- some kind of hearings, not competitive the obvious requirements of discipline within
saries, what they have and what we must to the select committee; it could be con- the government;, it goes to a restoration of
have-there is no question at all about sonant with it. I am not opposed to that. confidence in a segment of government that,
the essentiality. As a matter of fact, let us face 1t: We more )ban any other, must hold the pub-
The important thing here is to restore are all here trying to do the right thing. li No nattiioon can gamble.with confidence so that these agencies, Let us do it. That is about the size of it. Indeed, the of that its securit
in the final analysis, will be responsive. guarantee that Is
Mr. President, I have here a perhaps the most fundamental of all all govovern-
That is what this is all about. This is statement by Senator HIIDDLESTON who mental responsibilities. Without it, all else
not to challenge the chairman of one asked me to have it inserted in the can quickly fade.
committee or to challenge the chairman RECORD, and I ask unanimous consent and Naf foreign rategis, and cis ions
of another committee. We are not here that that be done. n host c strategesIssues , and deuons
to rebuke any Member of Congress for The PRESIDING OFFICER regarding tligen a baof other are rely would
what supervision he gave or did not give. . Without intelligence. we fact, there are few who would
That is not the objection, it is so ordered, argue that we could do without intelligence
question this morning. STATEMENT BY SENATOR HUDDLESTON gathering activities-especially In what ap-
What we are trying to to d do here is is create e pears to be an increasingly complex and
a select committee consisting of 11 mein- I am pleased to support Senate Resolution uncertain world.
bars-6 from the majority, 5 from the 21, which would establish a select committee Furthermore, the very nature of such ac-
bers-6 I tnow he it not going to be on intelligence activities. tivittea requires that they be closely held
partisan. There is not a Member of the I believe the creation of such a committee and carried out with a certain degree of
pnate who does not is essential at this time. secretiveness and confidentiality.
put his country I believe the committee as proposed in the But, the agencies Involved in such activ-
before his party, or even, indeed, his own resolution before us will meet the needs of ities, like Caesar's wife, must be above re-
interest. If it were otherwise, that would the Senate and our Nation in terms of struc- proach-not lust because of their special
be a blot on this great establishment. ture, representation and mandate. status and charge but also because actions
What do we do by this resolution? We A committee such as we are about to cre- which involve them in, suspicion and ques-
create a committee of this
11 members. The ate must touch upon the various ages, views, tion tend to impair if not destroy their abll-
names have heed been a geographical areas and philosophies which Ity to function.
Y suggested by are a part of the Senate and our nation-at- There are those in this body who have fol-
the minority leader of those on the part large. lowed closely the activities of the CIA and
of the minority party. We know who To structure It otherwise would diminish other agencies with intelligence responsibll-
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 Ianuary 2Ap1d4ed For ReI C2/ 4 I 1 VFU F 200040010-7
S969
ylefense intelligence Agency, the we would not have accomplished as much States. There has to be accountability
-the role of intelligence in today s wor a lives, in service of their country. 11, 12, and 13, of Senate Resolution 21.
to make recommendations regarding the type
of structure which can best meet the intel- I would just make these points for the Finally, the select committee is di-
ligence objectives which are deemed neces- legislative history and for consideration rrid tedu make a complete investigation
sary and proper. by the committee that will be carrying a y of the extent and necessity of
Some may perceive the proposal before us on this activity: overt and covert intelligence activities
as fraught with implications of sensational- First. If anyone needs reminding, there in the United States and abroad. I 'cite
ism and headline hunting-an approach have been a series of revelations over section 2 of paragraph 14.
which we clearly cannot afford and which
we would be irresponsible to permit. Our de- the past decade and a half that point Fourth. It will- be difficult for the
termination on that point, too, should be not only to the internal shortcomings of select committee to carry out these mis-
:made clear. But in this year-so soon after intelligence agencies in carrying out their sions-no matter how sweeping the man-
'Watergate-we cannot leave in doubt the assigned tasks, not only the lack of co- date entrusted to it, no matter how great
operations and activities of agencies involved ordination between their operations and its delegated powers, and no matter how
in such sensitive and significant endeavors. national policy as declared by the Pres- much access to secret documents and
Intel-
We must instead place our important Intel- ident and Congress, not only to the fail- processes is guaranteed in the words of
ligence-gathering activities on a sound and
viable basis. In this case, skeletons In the ure of these agencies to communicate the Pastore resolution.
closet are likely to haunt us not only at with one another and with the President Just how does it investigate matters
home but also abroad, not only on security and the standing committees of Con- that, in their essence, depend on not
issues but also in domestic politics. They gress-but, also, and more alarming-to being seen? How will the select commit-
must be laid to rest. their power to subvert the Constitution tee know when it is not getting what it
The alternative is to let matters ride, to and threaten freedom here at home while needs to know to get at the full facts?
permit a series of well-intentioned but over- damaging-in the majority leader's These questions are without easy
lapping investigations proceed, to divide ef- words-"the good name of the United answers. -
forts at a time when prompt and comprehen- States" abroad. Section 3(a), paragraph 11 of Senate
slue action is needed.
Thus, the preferable course, it seems to me Further, it must be admitted, their Resolution 21 is of great importance. It
Is the creation of a special committee (1) power was often misused at the direction grants the members and staff of the
broadly representative of the various Con- of higher authority in the executive select committee "direct access" to any
gressional concerns on intelligence (2) dedi- branch-or with the acquiescence of data, evidence, information, report,
cated toa thorough investigation of ques- higher authorities-and with a knowing analysis or documents or papers" rela-
tioned activities and current intelligence op- wink or willful ignorance on the part of tang to the investiaation in the possession
orations and a reexamination of the role of many members of Congress. of the intelligence agencies.
cntelg with igence the operations i responsibility in our society, and i Second. But the problem goes beyond Despite this clause, it can be predicted
of making ng
recommendations to the Senate as expedite- the CIA, the FBI, and other intelligence that this information-in some in-
ously as possible regarding both necessary agencies. It goes beyond foreign relations. stances-will be given up with great
corrective actions and the future structure, It goes beyond civil liberties at home. reluctance and, indeed, some of it already
authority and relationships within the in- Here the great issues of national sec- may have been destroyed.
telligence community. urity and individual liberty are inex- Further, there will be a tendency for
I believe Senate Resolution 21 will accom- tricably linked. We have to get some personnel of the intelligence agencies to
plash this and that adoption of it would be a perspective on ourselves, on our origins, use the classification system as a means
right move In the right direction. on our immediate past, and on our fu- of avoiding full testimony before the se-
Mr. PASTORE. I now yield to my dis- ture-as we proceed from the aftermath lect committee. That is, they may "tell
tinguished colleagues from California. of the Cold War to what appears to be the truth" or provide -the facts at the
Mr. CRANSTON. I thank the Senator an era of interdependence in a multipo- "top secret" or "Secret" level, but not
very much for yielding. lar world. Include information available on a given
I want first to thank the Senator from The fundamental problem-as we ap- subject at a higher level of classification.
Rhode Island for his magnificent lead- proach the bicentennial-is to restore Or they may cite law and executive or-
ership in this matter. Without his help constitutional government in the United ders and precedents and "executive priv-
r
mination to insure a o y p
committee must be made clear. telligence operations. I joined in earlier the select committee to "conduct an in-
To accommodate the representation of the resolutions prior to the time that I helped vestigation . . . of the extent, if any, to
various views, I proposed In the Democratic in the support that has been brought to- which illegal, improper, or unethical ac-
Conference that we consider an 11-member gether behind the Pastore resolution. tivities" have been engaged in by the
body, rather than a smaller one. While this
is an admittedly rather large committee, in I agree, of course, with the Senator intelligence agencies of the U.S. Govern-
this particular case, I believe that it is re- from Rhode Island that we need an ef- ment. This will involve identifying in-
quired. Many Committees have some juris- fective intelligence operation, we need dividuals responsible for such activities,
dictional claim over intelligence activities. it operating under clear and wise ground as well as their respective institutions
interest and concern over this matter goes rules and under firm control by the Ex- and I cite paragraphs 1, 2, 3, 10 of sec-
far beyond the jurisdictional bounds of com- ecutive and Congress. I have been crit- tion 2.
mittees, encompassing, I would imagine, ical of the CIA and other intelligence Second, the select committee is
subject member of the senate. Views on the agencies for many of the things they charged with going one step further. It is
Furthermore, I believe that the special have done that they should not have to consider the institutional changes
Furthermore, widely.
committee must have broad authority, as done. There have been serious abuses. needed in the organization of the execu-
the resolution contains. It must be em- But there also have been great accom- tive branch and changes needed in con-
powered not only to investigate possible il- plishments. There have been deeds done gressional oversight mechanisms as
legal activities and abuses In the intelli- by courageous and dedicated men and well-so that these abuses of power can-
gence community, but also to review the women, many of whom have risked their not occur again I cite section 2, para-
mandates of the agencies concerned; to study lives, and some of whom have lost their graphs 4, 5, 6, 7, 8, 9, and especially
id nd
I do, consequently, support es a s - since 1971, when I questioned Senator taut missions of this committee:
ment of s ,special committee to review in-
telligence operations in this country. I also Ellender, the then chairman of the First of all, it is charged with finding
think, however, that our intent and deter- Committee on Appropriations, on the the facts in cases of alleged wrongdoing.
adl re resentative Senate floor about expenditures for in- Thus, the Pastore .resolution empowers
b
pu
recommendations. t bli h I have been involved in this matter it is important to identify three impor-
proach which might not only ev p ator WEICK.ER, an O
ideas but also do much to insure a positive 1n.uch of the vitally important spade work . Third. Therefore, as the, Senate pro-
bic response to the ultimate findings and which has brought us to this point. - ceeds to establish. the select committee,
a
At the
to d
55
At from new and fresh perspectives which (Mr. MANSFIELD), Sen, "or MATHIAS on o wha is necessary cep e
-could bring to such review an inquiring ap- the minority side, Senator BAKER, Sen- under control. That is a job for Con-
elo new d there who did so tress..
build upon their knowle go
me time I believe we could bane- I also want to thank: `he major leader We cannot eliminate them so we nave
t k th
the best use of these persona; we should quality of greatness. or they must be eliminated.
d and experience 9
ity Agency, the Federal Bu-
pstional gecu! as we have so swiftly in this very impor- and respdnsibility. The intelligence agen-
iaeie
..e., ~r Inveatlgation, and the secret service. tant matter. The efforts of the Senator Iles must be adapted to the needs of a
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SENA
D
i i anuai y
^
S970 (,U1~ilJRESSIONAL RECOR
liege" as shields of Justification for not
telling all they know-even though they
are under oath.
Fifth. This problem could be greatly
alleviated if the Senate through its select
committee was guaranteed the full and
active support of the Ford administra-
tion in this inquiry. As Walter Pincus
pointed out in Sunday's Washington
Post, such an investigation must inevita-
bly end up questioning the past policies
and practices of Presidents and their
staff.
Perhaps a confrontation with the
White House and the bureaucracy is in-
evitable as the investigation proceeds.
From the start, there are some powerful
incentives for a cover up. The Senate
should understand this reality now.
Already we see a former Director of
the CIA, Mr. Helms pointing the finger
of responsibility at one dead President
and at another who is incapacitated-
and who, so far, has managed to avoid
coming into court or before a congres-
sional committee. This same man is
known to have destroyed documents
bearing on his tenure as Director of the
CIA.
Further, the present Director of the
CIA in his recent report apparently
pointed to his predecessor and previous
administrations as being responsible for
acts of wrongdoing. The Senate should
be reminded that this same man had
spent his entire career on the operations
side of CIA before he became executive
director and later director. Mr. Colby at
one time directed the controversial and
perhaps dubious Phoenix program In
Vietnam, and at one time he was deputy
director for operations, DDO, in the
CIA-with, responsibility for counterin-
telligence and domestic operations
among others.
This investigation cannot succeed
without determining the individuals re-
sponsible for illegal and improper acts-
be they in the Oval Office, the National
Security Council-and the 40 Committee
within it-the President's Foreign Intel-
ligence Advisory Board, the U.S. Intelli-
gence Board, or in the individual agen-
cies. A number of the persons involved in
past actions still serve in high positions
in the Government.
So while the select committees' inves-
tigation must not degenerate into a witch
hunt, it cannot be a picnic, either. For
here are bound to be a lot of skeletons
in a lot of closets. Individuals and agen-
cies involved in wrongdoing or ques-
tionable practices must be identified. Or
else the American people will be ill served
by another coverup.
Some have stated that this investiga-
tion must not be a "TV spectacular." But
it must not be conducted behind closed
doors, either. "Protecting the national
security" arguments must not stand In
the way of the American people's full
understanding of this problem, and they
must not stand In the way of publicly
assigning responsibility for past actions.
Again, the fundamental issue Is account-
ability and responsibility under a consti-
tutional system of government.
:There is no good reason why questions
of policy in the intelligence community
cannot be discussed In open hearings, and
all facts bared-except for the most sen-
sitive-that bear upon the matters and
questions posed in Senate Resolution 21.
in this regard, any classification-de-
classification system employed should be
devised by the select committee-in co-
operation with the executive branch, if
possible. After all, one of the issues at
stake is secrecy itself. The emphasis
throughout should be on sharing the
maximum amount of information with
the public.
Seventh. In conclusion, several ele-
ments are required for a successful In-
vestigation and study: A continuation of
aggressive investigative reporting on the
part of the press, and I know that will
occur; a select committee with members
and staff interested in getting all the
facts and sharing them with the Ameri-
can people to the extent possible; the
full cooperation of the executive agen-
cies involved; sources and witnesses who
are assured of proper protection along
the way.
Again I thank the Senator from
Rhode Island, the majority leader, and
the many others for the magnificent
work that has brought us to this point
on this day.
Mr. TOWER. Mr. President, I yield
myself such time as I may require.
Mr. President, I will be very candid
with the Senate. It was my original feel-
ing that this matter should have been
contained within the Committee on
Armed Services which does have over-
sight jurisdiction over the CIA. But in
the spirit that this resolution has been
offered by the distinguished Senator
from Rhode Island, I am certainly pre-
pared to accept it, because I think that
the Senator from Rhode Island has set
the right tone for the conduct of this In-
vestigation and the subsequent conclu-
sions to be drawn from it.
I think that some examination of the
domestic activities of our Intelligence-
gathering organizations should be in-
vestigated and I think perhaps such an
investigation is overdue.
I think it is essential that agencies in-
volved in this kind of work be proscribed
from activities that either violate their
charter, their congressional authoriza-
tions, or militate against the Individual
freedom of the American people.
I think, to that end, this is the most
important thing that our committee can
do or that the select committee when it
is chosen can do.
It is my view that we can develop con-
structive legislation that affords such
proscriptions and such protections. I
would express the hope that has already
been expressed by the distinguished Sen-
ator from Rhode Island that we can con-
duct our work in a responsible way, so
as to preserve the confidentiality of mat-
ters that impact on the national security
of the United States of America.
We must recognize that our adver-
saries and our potential adversaries have
had a sophisticated intelligence-gather-
ing organization, that they have an ad-
vantage over us in that they operate in
this country in a free society, and in most
respects in our operations abroad we op-
erate in closed societies, making the
gathering of significant intelligence a
much more difficult proposition.
27, 1975
safeguards for our legitimate operations
abroad.
I am hopeful that we can observe the
need to conduct many of our delibera-
tions In private. I think that although
the objective set forth by the distin-
guished Senator from California is de-
sirable, that as much as possible they be
open to the public, there are going to be
times, I think, when we can elicit more
information and more significant and
more penetrating and in-depth infor-
mation, If we go into executive session.
So I think that what we moist do is
have a balanced approach here, recognize
that we have to correct abuses, recognize
that we must compel our intelligence-
gathering operations to conduct them-
selves within the purview of the law that
authorizes them, and at the tame time
recognize the vital interest of the United
States from the geographic, strategic, po-
litical, tactical, econamte situation that
we find ourselves In and make sure we
do not hobble ourselves and render our-
selves at such a disadvantage that we
cannot maintain the kind of internation-
al posture we need.
I might mention one other thing, Mr.
President, and that is not only the neces-
sity to protect some of our agents or some
of our covert operations abroad, but also
the confidence placed in us by foreign
governments. We must, I think, be care-
ful not to embarrass foreign govern-
ments, not just friendly governments, but
perhaps some :mutual governments and
some that may not appear to be so
friendly that may have supplied us some
cooperation; and I would hope we would
take care not to embarrass governments
of these countries.
With the proper care, I think it is per-
fectly correct that we embark on this
course today.
I am delighted to yield to the Senator
from California.
Mr. CRANSTON. I thank the Senator
for yielding.
On one point he mentioned. I recog-
nize that there will, have to be closed
door sessions, first in order to get such
information, that would not otherwise be
made available, and that the committee
will need. I recognize the reason for his
amendment. I think it is quite appro-
priate.
I would like to ask one question and
make one point about it.
First, I think, as I said In my earlier
remarks just now, that the committee
must control the classification and de-
classification process, hopefully in coor-
dination and cooperation with the ad-
ministration, but it cannot get itself into
a situation where It is unable to do cer-
tain work that It feels it must do.
in regard to the specific amendment
that the Senator has offered, under his
amendment how do we prevent the exec-
utive from abusing this authority?
For example, suppose they did not
cooperate
Mr. TOWER. If the Senator from Cali-
fornia will withhold on his question, I
was going to engage in colloquy with the
Senator from Rhode Island on this mat-
ter.
Mr. CRANSTON. Fine.
Mr. TOWER. And we will bring all
I think we do have to afford adequate this out.
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fro s ^ i has been seeking the
n 'Mississippi
s.,.
-"" patient cn i
e
would like-to yield to nu i, xuiu then we
will, take this matter up subsequently.
Mr. CRANSTON. Certainly. I thank
from Mississippi such time as the Sena-
for requires.
Mr. STENNIS. Mr. President, I thank
the Senator from Texas. - .,
not require over 20 minutes, so we can
just limit it to that.
Mr. President, after a conference with
the Senator from Rhode Island and the
Senator from Texas, I send to the desk
tion and ask that it be considered now.
.The PRESIDING OFFICER. The
amendment will be stated.
The assistant legislative clerk read as
follows :
The Senator from Mississippi proposes an
amendment, at the end of the resolution. to
add a new section as follows-
Mr. STENNIS. Mr. President, I ask
unanimous consent that further reading
of the amendment be dispensed with.
Mr. MANSFIELD. Why not let him
read it?
Mr. STENNIS. All right, I withdraw
that.
The PRESIDING OFFICER. The clerk
will read it in full.
The assistant legislative clerk read
as follows:
At the end of the resolution add a new
section as follows:
Sac. 'T. The select committee shall insti-
tute and carry out such rules and procedures
as it may deem necessary to prevent (1) the
disclosure, outside the select committee, of
any information relating to the activities
of the Central Intelligence Agency or any
other department or agency of the Federal
Government engaged in intelligence activi-
ties, obtained by the select committee dur-
Ing the course of its study and investiga-
tion, not specifically authorized by the se-
lect committee to be disclosed, and (2) the
disclosure, outside the select committee, of
any information which would adversely af-
fect the intelligence activities of the Central
Intelligence Agency in foreign countries or
the intelligence activities in foreign countries
of any other department or agency of the
Pederal Government.
. Mr. PASTORE. Mr. President, will the
Senator yield?
Mr. STENNIS. Yes, I am glad to yield
to the Senator from Rhode Island. I want
to state very briefly what the purpose is,
but I yield now.
Mr. PASTORE. For the purposes of the
RECORD, would the Senator in explain-
ing his amendment, which I am going
to accept, explain what he means by "not
specifically authorized"?
Mr. STENNIS. Yes.
That is on the second part, is it not?
Mr. PASTORE. Yes.
Mr. STENNIS. Mr. President, this
amendment relates to what we ordinarily
call "leaks." It does.not put any limita-
tion on the committee whatsoever.
"The first part relates to matters that
ate_ not expressly authorized or given
out by the committee itself or its mem-
bers. It just requires that such reason-
able rules and regulations as the com-
mittee may see fit be established by the
committee regarding disclosures of in-
formation that might, In the second part,
affect intelligence abroad.
But going back to the first one for just
a moment, this relates to disclosures by
those other than the committee, staff
members or anyone else that might come
in contact with this information.
In other words, the committee itself
is called on by the Senate to make these
rules and regulations.
Now, with reference to foreign intel-
ligence or intelligence activities abroad-
and that is what my plea is for here to-
day, the protection of this foreign in-
telligence-there we are trusting the
committee to write rules and procedures
to set out for themselves and staff mem-
bers regarding this foreign intelligence.
Mr. BAKER. Mr. President, will the
Senator yield briefly for a question?
Mr. STENNIS. I am responding to a
question of the Senator from Rhode Is-
land.
Will the Senator restate his question
with respect to paragraph 2?
Mr. PASTORE. I was wondering if the
word "specifically" was not rather redun-
dant. If it just said "not authorized by
select committee," that would not lead
to any controversial confusion.
Naturally, the authorization would
have to be explicit. The word "specifical-
ly" for the time being, without knowing
within what context It was inserted in
the amendment, disturbs me for the mo-
ment, unless it is more explicitly ex-
plained. I thought if we just said "not
authorized by the Select Committee" it
would be enough.
in other words, I do not want the com-
mittee to sit down and begin to write a
bill of particulars every time they are
going to authorize some disclosure.
Mr. STENNIS. What line is the Senator
referring to? I see it. That is before the
second paragraph.
That relates to staff members.
Mr. PASTORE. I know that. This whole
amendment relates to staff members. I
quite agree with the Senator from Mis-
sissippi. I hope that the staff does not
begin to hold news conferences. That al-
ways happens. They just take this whole
thing over. I think if there are going to
be any news conferences, they should be
by the chairman or the members of the
committee themselves. But in the past we
have had the sorrowful situation that
staff members fall over one another to
see who can tell it to the press first. I
think everything should be told to the
press that needs to be told to the public.
I think the public understands that.
Mr. STENNIS. This is not to prohibit
that kind of information.
Mr. PASTORE. I know that. But I was
wondering if the word "specifically" Is
not a little too tight for the committee.
If we said "not authorized by the com-
mittee," I think we accomplish the
objective.
Mr. STENNIS. What we were trying
to get at was to cover the situation where
a staff member or some other person had
this information and, since it was not
S 971
covered in any way very plainly, that
there was no prohibition on it. I do not
think this puts too much of a burden.
The Senator is opening up all of these
files.
Mr. PASTORE. No.
Mr. STIIQNIS. The resolution does. I
do not mean the amendment does but
the resolution opens up the files. We just
have to have a safeguard
Mr. PASTORS. I do not think we are
meeting on our intent here. I am not op-
posed to the Senator's suggestion that
the matter of leaks should be prevented,
and that the staff should not disclose
anything without authorization by the
committee. The only thing that bothers
me is that he Is tightening up the obli-
gation and responsibility of the commit-
tee a little bit too much by using the
word "specifically." If he left the word
"specifically" out, I think he would ac-
complish his purpose and not open it
up to debate every time there is the
question of disclosure.
Mr. STENNIS. The main point here is
to have something explicit in writing by
the committee as to rules and proce-
dures. When we nail that down explic-
itly, how it should be done, then we
cover the waterfront.
We can strike out the word "specif--
Ically."
Mr. PASTORE. Will the Senator strike
It out?
Mr. STENNIS. Yes
Mr. PASTORE. if he strikes it out, I
would accept the amendment.
Mr. STENNIS. With the understand-
ing that this still carries with it--
Mr. PASTORE. With the understand-
ing that the committee and only the
committee has the authority to disclose.
I will admit that.
Mr. STENNIS. It is better to be care-.
ful here than to be sorry later. This Is
not directed at the. committee.
Mr. PASTORE. I know that.
Mr. STENNIS. This is putting the
Senate in a proper position. I think-it
will help the committee to have the Sen-
ate go on record here In making this one
of the ground rules, so to speak.
Mr. PASTORE. Is the Senator willing
to delete the word "specifically"
Mr. STENNIS. Yes.
Mr. PASTORE. With the modification.
I will accept the amendment. -
Mr. YOUNG. Will the Senator yield
for 3 minutes? I support the amendment.
Mr. STENNIS. I do not have control
of the time. The Senator from Texas
has control of the, time.
Mr. BAKER. Mr. President, I ask the
Senator from Mississippi if he will yield'
for a question on his amendment.
Mr. STENNIS. All right, and then I
will yield 3 minutes to the Senator from
North Dakota out of my time. I yield ?
for a question.
Mr. BAKER. This is a question of
clarification. This amendment. of course,
is an antileak amendment. I think that
Is fine. I hope we succeed. We failed
miserably in the Watergate Committee.
Our former colleague and I tried in every
way we could. It did not work.
There are some matters of sensitivity
that have not been leaked, but are still
in the Atomic Energy Committee. many
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CONGRESSIONAL RECORD -SENATE January 27, 1975
Paragraph 2 concerns me. It says:
And, number 2, disclosure outside the
committee of any information which ad-
versely affects the intelligence activities of
the United States.
It would appear on its surface to say
that if we stumbled into a matter such
as the Chilean situation, the Bay of Pigs,
or the Lebanon incursion, notwithstand-
ing that it might appear to the Commit-
tee to be something that ought to be
dealt with in the Congress, we should
cle, or anything else-about things that
were disclosed to them in these proceed-
ings. I think that is a matter we have to
trust to the discretion of the commit-
tee. Under present law we have to. I be-
lieve the Senator raised a good point.
Mr. GURTIS. I certainly am for the
amendment of the distinguished Senator,
but I believe we have to rethink our posi-
tion on some of these things. Here in this
country if someone discloses a tax return,
he has violated a criminal law and can be
not disclose it. punished. If he discloses secrets. vital to
Will the Senator from Mississippi re-
assure me that that is not the purpose
of paragraph 2?
Mr. STENNIS. No. that is not the pur-
pose of paragraph No. 2. We tried to
wrap it up in such a way as require
rules of procedure in the committee
which I understand to be the feeling of
the Senator from Tennessee.
Mr. BAKER. If there appears to be
conduct by any agency of the U.S. Gov-
ernment that appears to be improper or
exceeds its jurisdiction, that would not
be limited by paragraph 2 of this
amendment?
Mr. STENNIS. This does not put a
limitation on the committee. It requires
the committee to proceed under rules,
regulations, and procedures. But these
things are still left in the hands of the
committee.
Mr. BAKER. I thank the Senator.
Mr. STENNIS. It is a rule of the Sen-
ate by a guideline.
Mr. PASTORE. With the modifica-
tion, I am willing to accept the amend-
ment.
Mr. STENNIS. If no one else wants the
floor, can we have a vote on the amend-
ment? Will the Chair put the question?
The PRESIDING OFFICER. Does the
Senator from Mississippi modify his
amendment?
Mr. STENNIS. Yes; by striking out the
word "specifically" in the sixth line from
the bottom.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the amendment
as modified.
Mr. CURTIS. Reserving the right to
object and I, of course, will not object.
I would like to ask a question.
Is there any penalty or enforcement
means to compel staff members of this
committee to not disclose information
that their committee directs should not
be disclosed?
Mr. STENNIS. It is a sad state of the
law, Mr. President, but I am quite doubt-
ful that we have a law that really is
drawn to cover situations of this kind.
We have the old Espionage Act of 1918,
which specifically requires there must be
an intent to do harm to the United
States. It is a kind of wide-open proposi-
tion which is, in itself, a very strong
argument here for the adoption of this
amendment. It puts in some kind of an
obstacle. A staff member, if he violated
the rule, would violate a Senate rule. It
would not have any criminal penalty at-
tached to It, but it would be a rule to
that extent.
I hope the committee will get a prom-
ise in advance that no one is going to
write a book-that no staff member is
going to write a book, or a journal arti-
the security of the United States, he is
apt to defend it as the right of the people
to know. We have, certainly, a right to
not only make it a law violation to-dis-
close, but there ought to be a penalty to
it.
I thank the Senator.
Mr. STENNIS. I thank the Senator.
If there is no further discussion, could
we have a vote on the amendment?
The PRESIDING OFFICER. The ques-
tion is on agreeing to the amendment, as
modified, of the Senator from Mississippi.
The amendment, as modified, was
agreed to.
Mr. STENNIS. Mr. President, I ask
unanimous consent to yield 3 minutes to
the Senator from North Dakota without
losing my right to the floor.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. YOUNG. Mr. President, I see no
objection to a thorough examination of
the operations of the CIA, the FBI, or any
other intelligence-gathering agency, but
I believe it, can only be done effectively,
and without great injury to the agencies,
by a relatively small committee and a
small staff. A big investigating committee
with a sizable staff-no matter how well
intentioned-cannot avoid much of the
information that develops at the hearings
being leaked to the public, thereby be-
coming easily available to the intelligence
agencies of Russia and every country in
the world.
If the pending resolution involved a
much smaller committee with only a very
minimal staff, I believe the security of
this Nation could be safeguarded and the
Investigation could be very helpful. I
would hope that the meetings of the com-
mittee would be open to the public. If this
were the procedure, then the public would
get firsthand information rather than
from leaks highly distorting the facts dis-
closed in the hearings.
Mr. President, I cannot help but be
deeply concerned about the future effec-
tiveness of the Central Intelligence Agen-
cy. No intelligence operation-particu-
larly involving clandestine operations in
foreign countries or involving some of
our most advanced technology, especially
in defense areas--can be publicly dis-
closed without endangering our sources
of information, the lives of those involved
in this type of intelligence operations,
and the very effectiveness of an intelli-
gence-gathering organization. Russian
intelligence agents, for example, would
only have to read our publications to
obtain information highly valuable to
them.
About 12 years ago when we had the
missile crisis in Cuba a Russian intel-
ligence agent, a high-ranking member of
the GRU, disclosed to Great Britain and
the United States a great deal of inside
information regarding how far Russia
would go in this missile crisis. He also
provided us with much other information
regarding the entire operations of the
GRU and KGB-their two major intel-
ligence-gathering agencies. A book was
published regarding the Penkovsky pa-
pers and information which has been in
circulation for several years.
The point I am trying to make, Mr.
President, is that Penkovsky expected to
be caught and was caught. There was a 2-
day trial and he was killed. Here in the
United States there is not much of a pen-
alty for even the highest ranking intel-
ligence officer, a Member of Congress, or
anyone else for disclosing our most highly
classified intelligence.
Mr. President, the Washington Star-
News of Sunday, January 26, 1975, pub-
lished a very good editorial on the sub-
ject of intelligence and the forthcoming
investigations entitled "The Great Intel-
ligence Exam." I ask unanimous consent
that it be printed in the RECORD.
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows:
yRE.,,
THE GAT INTELLIGENCE EXAM
This is the era of bosom-baring and the
country's numerous intelligence-gathering
organizations are not immune. As things
stand now, various committees of the House
and Senate are gearing up for investigations
of the Central Intelligence Agency, the Fed-
eral Bureau of Investigation, the Defense In-
telligence Agency and the National Security
Agency. We hope that these investigations
will be boiled down to, at most, one select
committee in the House and Senate. We also
hope that the investigations will be skepti-
cal, thorough and responsible. A witch-hunt
born of the peculiar sensitivities left over
from Watergate would not be helpful. A
careful analysis of this country's intelligence
problems and legislation -to remedy the mis-
takes and deficiencies of the past are very
surely in order. A -bipartisan congressional
investigation is especially desirable in view
of the conservative complexion of the blue-
ribbon executive panel headed by vice Presi-
dent Rockefeller which is also looking into
CIA activities.
The difficulty, of course, Is that, when it
comes to intelligence-gathering operations,
bosom-baring is a tricky procedure. The risk
is that too much public exposure of a highly
sensitive area of government will put the
whole operation out of business, and imperil
the reputations---and even the lives--of peo-
ple involved, to say nothing of the nation's
security. In the past, the congressional com-
mittees with intelligence oversight responsi-
bilities have been squeamish about inquiring
tbo deeply into these clandestine affairs. The
present danger is that post-Watergate zeal-
otry, inspired by news stories of a "massive,
illegal domestic ' intelligence operation"
mounted by the CIA a few years back, will
lead to excesses of revelation.
For our part, we remain unconvinced that
the charges have much real foundation.
From what has been revealed so far-mostly
by CIA Director William E. Colby to a House
Appropriations subcommittee-it appears
that the agency was Involved in a program of,
Internal surveillance of certain domestic dis-
sident groups suspected of having connec-
tions with foreign agepts. CIA agents were
"Inserted" in some of these organizations,
some mail between American citizens and
Communist correspondents was read, and
files-largely furnished by the FBI-were
established on some 10,000 people. In addi-
tion, Colby said, the program involved physi-
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 tio.. surveillance, wiretaps and break-ins di-
ected of security
el sus
p
rected at CIA personn
,)kg and, in a few cases, those who were
thougfit to be receiving the information. Qom'
*to predecessor, Defense Secretary Jansen R.
.Schlesinger, the CIA, in this period, may
have overstepped the strict limits of its
charter. The various acts have been labelled
as ---regrettable" or "ir}appropriate" or-in
the case of Colby-the result of "a miscon-
oeption of the extent of the CIA's authority."
"Richard Helms, who was CIA director during
most of the period of anti-war fervor, stoutly
denies any impropriety on his part. The dif-
ference in judgment reflects more than any-
thing else the change in climate in the last
two years.
. But surely a large part of the problem lies
in the ambiguity of the charter of the CIA,
written. by Congress in 1947. In setting up
the agency, Congress ruled that it should
have no "police, subpoena, law enforcement
powers or internal security functions" with-
in the United Staten-this area being strictly
reserved to the long-established FBI.
How realistic and workable this prohibi-
tion was is sharply illustrated by the events
under investigation. Despite the prohibition
against domestic spying, the director of the
CIA was also made "responsible for protect-
ing Intelligence sources and methods from
unauthorized disclosure." He was also in-
structed by Congress to "perform such other
functions and duties relating to Intelligence
affecting the national security as the Na-
tional Security Council may from time to
time direct." Between them. it can be argued
that these directives provide ample justifica-
tion for the activities being denounced as
"illegal.' And the evidence is reasonably
clear that a number of former directors be-
lieved this was indeed the case.
Clearly, the first objective of the current
Investigations must be to spell out more
clearly the rules under which the CIA-and
other intelligence agencies.as well-are sup-
posed to function. If all domestic counter-
espionage Is to be more severely restricted-
as seems to be the mood of the liberal major-
ity-Congress will also have to figure out how
the CIA is to protect Its "sources and meth-
ods from unauthorized disclosure." One ob-
vious way, of course, would be pass a law
making it a crime for former CIA agents to
write books. But this would not solve the
larger problem of trying to separate domestic
and foreign intelligence into neatly separate
operations.
Mr. STENNIS. Mr. President, how
much time do I have remaining out of
my 20 minutes?
The PRESIDING OFFICER (Mr.
DoMsnrxci). The Senator has 2 minutes
remaining.
Mr. TOWER. Mr. President, I yield 10
additional minutes to the Senator from
Mississippi.
Mr. STENNIS. As I understand, that
will leave me 12 minutes.
Mr. President, may we have order?
The PRESIDING OFFICER. The Sen-
ate will be in order.
Mr. STENNIS. Mr. President, my main
plea today is for the protection of for-
eign intelligence and intelligence sources.
In the range of importance with the
CIA's operations, to compare with this
collection of foreign intelligence.
I appreciate very much the sentiments
expressed on the floor of the Senate as
ligence agencies, but that view Is not
shared by all the people and is not under-
stood, either, by all the people. There is a
great deal of sentiment, even under-
standing sentiment, that would question
the necessity for the CIA, or the pro-
priety of having it.
Another thing, Mr. President, is that
this is not a political issue, and CIA is
not a political agency of any kind. It
serves one President after another, as
they come. It makes no difference which
party that President belongs to and has
nothing to do, with political matters.
Primarily, CIA Is a Government agency
collecting foreign intelligence of the most
highly sensitive nature.
To be effective, it must be secret. If
intelligence facts are disclosed, they often
lose all of their value. If an adversary
merely infers that we have certain in-
telligence, often it is no longer of value.
An illustration would be work on a
code.
The purposg of gathering intelligence
Is to learn intentions and capabilities.
The first extensive foreign intelligence
act ever passed by the Congress was in
1947. Called the CIA, it has come a long,
long way in the past 26 years. For il-
lustration, we no longer argue about a
missile gap, or a bomber gap.
In the broad and essential fields, the
CIA has done an extensive and effective
job in dealing with enemy capabilities
and intentions.
As we go through investigations, let us
keep in mind the dangers from expo-
sures. Exposures can be a matter of life
and death to Americans abroad as well as
friendly foreigners. This opinion is
strongly shared by many highly respected
persons, including Director Colby, who
have been a part of the operations and
know the facts first-hand. Friendly gov-
ernments and friendly foreigners will
greatly reduce, if not terminate their co-
operation and assistance. They already
have. The information flow has been
greatly reduced. Our relations with other
nations have been strained. Exposure of
sensitive facts through hearings, through
pressures, through staff members, or
through other sources, regardless of the
good intentions of the actors, comes at a
price we cannot bear.
In a time of nuclear weapons, with the
power to deliver warheads on target from
continent to continent, we must have re-
sponsible information from many foreign
sources. Further, our ships at sea,- our
military manpower scattered throughout
the world in support of many commit-
ments voluntarily made, are all In need
of the fruit of intelligence gathered
around the world.
The President, all Presidents, have to
have this worldwide intelligence in for-
mulating foreign policies, including trade
and other economic policies formulated
with nations around the world.
Intelligence comes from . several
sources, but much of it comes from our
CIA agents abroad. In my travels, I have
found them to be excellent men, capable
and loyal, with a steady stream of highly
valuable and responsible information.
They seldom get credit for anything.
They often get blamed-but by and
large, they continue to carry on.
One purpose of my remark today Is to
say a word of encouragement to those
S973
men; to tell them they are appreciated,
and to ask them to carry on under highly
adverse conditions.
From some of this intelligence, we
make decisions In the Congress as to
military weaponry. We often save great
sums of money, because this intelligence
lets us know what weapons to avoid
building as well as what weapons are
most probably needed. Without the in-
telligence gained under the CIA direc-
tion, we would not have known of the
missiles In Cuba until they were actually
fully installed and we were directly un-
der the gun.
Indeed, U.S. Intelligence, on which the
CIA sits at the top, has come a long way
over the past two decades. We have
reached the point where the SALT agree-
ment is possible, because we can now
verify what they have in being. A num-
ber of other treaties have also been pos-
sible, because of our vertification process.
Under Director Colby, I feel that the
CIA is now operating in a fine way, en-
tirely within the law. I shall do my part
in keeping it that way.
The organic act creating the CIA needs
some amendments which tighten up the
present law. Our committee has given
some major amendments which I Intro-
duced In late 1973, special attention in
1974. I assisted Senator Psoxnmts with a
similar major amendment offered by him
to the military authorization bill. it
passed the Senate with my active sup-
port and we made a strong effort at
the conference in behalf of the amend-
ment. It finally lost at conference be-
cause It was not germane, but the con-
ferees for the House supported the idea
of hearings which the House has started.
We shall continue our efforts on that
amendment and others.
We may have certain intelligence of
great value to us. But if it is known to
our adversaries that we have it, or If
they suspect that we have it, then it
turns to ashes in our hands and is of
no value whatsoever.
Illustration: Hundreds of millions of
dollars invested in electronic devices can
become valueless overnight if it be-
comes known-we have such devices.
Our committee shall continue to exer-
cise committee 'Jurisdiction on legisla-
tion regarding the CIA, and also exer-
cise surveillance over its operations, and
such other activities connected therewith
as may be necessary.
We shall continue to have the Senator
from Montana (Mr. MANSrixf.D), and the
Senator from Pennsylvania (Mr. Scorn),
the Democratic and Republican floor
leaders and hence representing all of
the Senators; invited to all of our meet-
ings regarding the surveillance of the
CIA. I have discussed this with the Sena-
tor from Montana on last Thursday and
he expects xo attend. The Senator from
Pennsylvania attended our session last
Thursday. `
The CIA, of course must operate within
the, law, but I want to emphasize to all
of my colleagues and to the American
people that foreign intelligence supplied
by the CIA Is absolutely necessary favour
President and his close advi rs, 1nclvd-
Ing the top officials of all of our military,
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S 974 CONGRESSIONAL RECORD-SENATE January 27, 1975
services, both those in civilian and mili- such employee or person will be given access be misunderstood. There have been a lot
tary positions. In modern times this in- by the select committee, of mistakes and. they have to be cor-
formation is not merely needed, it Is es- As determined by the committee. rected. But we are not out to destroy
sential. After all, who is going to make this intelligence-gathering.
Therefore, someone has to stand up for determination? We are not going to have I remember one time when I was sent
the CIA through foul as well as fair a debate by the members of the commit- by President Kennedy to Moscow to wit-
weather, and make hard decisions and tee every time we get to a point where ness the Signing of the Nuclear Test Ban
take firm stands,, whether popular at this would apply. I am all for preserving Treaty. I was sitting on the porch of the
the time or not. I have done that and I the classification; the Senator from Embassy, together with Dean Rusk, at
propose to do just that in the future. I Texas knows that I am all for his amend- the time, and we were talking about a
shall not shirk this duty. ment, the spirit of it, the intention, the lot of measures. Finally, the Ambassador
This does not at all mean that I pro- objective of it. But I think we should came out and said, "I suggest you two
pose to operate a duplicate or rival in- make clear that the determination ought gentlemen take a walk and do your talk-
vestigation with any select committee. to be on the part of the committee. ing because this place is bugged."
I will make no attempt to do that, but I When it says "sensitivity of the classi- "This place is bugged." Now, that is
will carry out the purpose, as I have fled information," who is going to deter- what the Russians are doing to us. As a
briefly outlined it here. mine whether it is sensitive or not? We matter of fact, they did it right down
I thank the Senator from Texas for have to say here "the type of security there at the United Nations. They had a
yielding this time to me. clearance to be required in the case of bug, I think, under the American seal.
The PRESIDING OFFICER. Who any such employee or person shall, with- We all remember that.
yields time? In the determination of the committee, Let us face it: " We are in a critical
Mr. TOWER. Mr. President, I thank be commensurate with the sensitivity," world where we are being spied upon
the distinguished Senator from Mis- and so on. and, in order to know what they are
sissippi for his cogent remarks. Mr. TOWER. I should be glad to ac- doing, we have to spy on them. There is
I think it would be appropriate for cept that as a modification by the Sena- no question about that, But that has
me to thank him at this time for the tor from Rhode Island. nothing to do with many of these charges
splendid leadership he has shown in the Mr. PASTORE. That is what i want. I that have been made.
Committee on Armed Services. In fact, want the determination to be made by Nobody is out to destroy the CIA. Let
on numerous occasions, we have looked the committee, if we can work out that us get an understanding on this. No one
in depth at some activities of the CIA language. is out to destroy military intelligence. No
and it has not been generally known Mr. TOWER. That suits me splendidly. pne is out to destroy the FBI. Let us make
that we have. I think the Senator from As a matter of fact, if the Senator will it all clear.
Mississippi has always measured up to read that language again, I think that On the other hand, this is an open
his responsibility in the highest tradi- would be a suitable modification. society. All we are saying is that there
tion of the Senate. Mr. PASTORE. The type of security are some things that have been wrong,
Mr. President, may I inquire how clearance to be required in the case of and under the pretext of either national
much time I have left? any such employee or person shall, with- security or secrecy, private rights are be-
The PRESIDING OFFICER. The in the discretion of the committee itself, ing violated unnecessarily. That is all we
Senator has 15 minutes remaining. be commensurate with the sensitivity of are trying to eliminate. That is all we are
Mr. TOWER. Mr. President, I send to the classified Information to which such trying to db. It is as simple as all that.
the desk an amendment and ask that it employee or person will be given access I am perfectly willing to accept this
be stated. to the select committee. amendment with that modification.
The PRESIDING OFFICER. The clerk Mr. TOWER. I will accept that lan- Mr. TOWER. The modification has
will state the amendment. guage as a modification by the Senator been accepted. The amendment has been
:Mr. TOWER. May I call to the at- from Rhode Island. so modified.
tention of my friend from Rhode Island The PRESIDING OFFICER. The I might say one other thing. I think
that I have now offered the amendment. amendment will be so modified. Will the this is partially for the committee's pro-
The legislative clerk read as follows: Senator send the modification to the tection. If we did not require clearance
At the end of the resolution add a new desk? of some sort, it is not impossible that an
alien intelligence organization could
section as follows: The amendment, as modified, is as penetrate w
follows : pthe committee by inserting one
"No employee of the select committee or of its people on the committee staff. So I
any person engaged by contract or other- No employee of the select committee or think we would want that kind of-protec-
wise to perform services for the select com- person engaged by contract or otherwise to tion, because I do not think the commit-
mittee shall be given access to any clas- perform services for the select committee
sifted information by the select committee shall be given access to any classified infor- ~ee would ever want to be embarrassed
unless such employee or person has received mation by the select committee unless such by finding, having failed to require any
an appropriate security clearance. The type employee or person has received an appro- kind oi; clearance, that their staff had
of security clearance to be required in the priate security clearance as determined by been penetrated.
case of any such employee or person shall the Select Committee. The type of security Mr. BAKER. Will the Senator yield?
be commensurate with the sensitivity of the clearance to be required in the case of any Mr. TOWER. I yield to the Senator
classified information to which such em- such employee or person shall within the from Tennessee.
ployee or person will be given access by the determination of the Select Committee be Mr. BAKER. Will the Senator from
select committee." commensurate with the sensitivity of the
classified information to which such em- Texas reassure me that by setting up
Mr. TOWER. Mr. President, the ployee or person will be given access by the these requirements for classification, we
amendment is somewhat self-explana- select committee. are not setting up within the committee
tory. However, I think we should make Mr. TOWER. What is contemplated layers of access and levels of access to in-
some legislative history on it. What is here is a simple type of Q clearance formation that will be available to the
contemplated here is the type of Q clear- which is ordinarily required of Senate- committee? What I have in mind is the
ante which is administered by the employees. possibility that the committee may de-
Atomic Energy Commission and which tide that there is I, requirement for secu-
the Senator from Rhode Island is so well Mr. PASTORE. I realize that. Every rity beyond even the requirements for Q
familiar with. I should like the Senator member of the staff of the Joint Com- clearance, a kind of "eyes only" classi-
from Rhode Island to comment on it at mittee on Atomic Energy has Q clear- fication, and have someone say to Ho-
this time if he would. ante and has to have it. I think in this ward Baker, that he can read those 8,-
Mr. PASTORE. I have no objection to particular case, where we are dealing 000 pages, but his staff man does not
the amendment provided I get a fur- with classified information, covert ac- have that clearance.
ther explanation of the last sentence: tivities abroad and domestically, I think Now, can the Senator assure me that
The type of security clearance to be re- we have to have reliable people. We Just nothing that Is contained in this amend-
quired in the case of any such employee or cannot afford to take a chance. merit will in any way deprive any Mem-
person shall be commensurate with the sen- Now, I am all for this study and this ber of access, and his staff, if otherwise
sitivity of the classified information to which Investigation. I repeat, I do not want to properly cleared? : . - -
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SENATE
D
-
nary 27, 1975 CONGRESSIONAL RECOR
,S975
-. do not erceive that it or
. forthe Protection comeseCbefore this a committee. information there ine rquestionito decide whether would be up to the Senator
.- _ . . - __,_1--- -- - -- _a -- o--... L.. iF 1,n
: press , was no e n en ono e s
e
t th i t
author of the amendment, I will be sat- is cleared for the information on the no reason why a majority of the com-
. . i . a ....a .....Ztl~t
gyo,. than nnrv nthsr niit hold .h Dub-
n..'s rnnfidence. I
No nation can gamble with its security.
Indeed, the guarantee of that security is
perhaps the most fundamental of all govern-
mental responsibilities. Without it, all else
can quickly fade.
National security arrangements, defense
and foreign policy strategies, and decisions
regarding a host of other issues rely upon
Intelligence. In fact, there are few who would
argue that we could do without intelligence
gathering activities-especially in what ap-
pears to be an Increasingly complex and
uncertain. world.
Furthermore, the very nature of such ac-
tivities requires that they be closely held
and carried out with a: certain, degree of
secretiveness and confidentiality.
Brit, the agencies involved in such activ-
ities, like Caesar's wife, must be above re-
proach-not just because of their special
status and charge but also because actions
which involve them In suspicion and ques-
tion tend to Impair if not destroy their abil-
ity to function.
There are those in this body who have fol-
Iowed closely the activities of the CIA and
other agencies with intelligence responsibil-
 January ~ppr r g For Rele 3NgL4 Pakl 1 t4,# fg00040010-7
sties--the Defense Intelligence Agency, the
National Security Agency, the Federal Bu-
reau of Investigation, and the Secret Service.
For that reason, we should certainly make
the best use of. these persons; we should
build upon their knowledge and experience.
At the same time, I believe we could bene-
fit from new and fresh perspectives which
could bring to such review an inquiring ap-
proach which might not only develop new
ideas but also do much to insure a positive
public response to the ultimate findings and
recommendations.
I do, consequently, support establish-
ment of a special committee to review In-
telligence operations in this country. I also
think, however, that our intent and deter-
mination to insure a broadly representative
committee must be made clear.
To accommodate the representation of the
various views, I proposed in the Democratic
Conference that we consider an 11-member
body, rather than a smaller one. While this
18 an admittedly rather large committee, in
this particular case, I believe that it is re-
quired. Many Committees have some juris-
dictional claim over intelligence activities.
Interest and concern over this matter goes
far beyond the jurisdictional bounds of com-
mittees, encompassing, I would imagine,
every member of the Senate. Views on the
subject vary widely.
. Furthermore, I believe that the special
committee must have broad authority, as
the resolution contains. It must be em-
powered not only to investigate possible il-
legal activities and abuses in the intelli-
gence community, but also to review the
mandates of the agencies concerned; to study
the role of intelligence in today's world and
to make recommendations regarding the type
of structure which can best meet the intel-
ligence objectives which are deemed neces-
sary and proper.
Some may perceive the proposal before us
as fraught with implications of sensational-
ism and headline hunting-an approach
which we clearly cannot afford and which
we would be irresponsible to permit. Our de-
termination on that point, too, should be
made clear. But in this year-so soon after
Watergate--we cannot leave in doubt the
operations and activities of agencies involved
in such sensitive and significant endeavors.
We must instead place our important intel-
ligence-gathering activities on a sound and
viable basis. In this case, skeletons in the
closet are likely to haunt us not only at
home but also abroad, not only on security
issues but also in domestic politics. They
must be laid to rest.
The alternative is to let matters ride, to
permit a series of well-intentioned but over-
lapping investigations proceed, to divide ef-
forts at a time when prompt and comprehen.
sive action is needed.
Thus, the preferable course, it seems to me
it the creation of a special committee (1)
broadly representative of the various Con-
gressional concerns on intelligence (2) dedi-
cated to a thorough investigation of ques-
tioned activities and current intelligence op-
erations and a reexamination of the role of
intelligence operations in our society, and (3)
charged with the responsibility of making
recommendations to the Senate as expediti-
ously as possible regarding both necessary
corrective actions and the future structure,
authority and relationships within the in-
telligence community. -
I believe Senate Resolution 21 will accom-
plish this and that adoption of it would be a
right move in the right direction.
Mr. PASTORE. I now yield to my dis-
tinguished colleagues from California.
Mr. CRANSTON. I thank the Senator
Very much for yielding.
I want first to thank the Senator from
Rhode Island for his magnificent lead-
ership in this matter. Without his help
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we would not have accomplished as much
as we have so swiftly in this very impor-
tant matter. The efforts of the Senator
from Rhode Island have manifested a
quality of greatness.
I also want to thank the major leader
(Mr. MANSFIELD), Senator MATHIAS on
the minority side, Senator BAKER, Sen-
much of the vitally important spade work
which has brought us to this point.
I have been involved in this matter
since 1971, when I questioned Senator
Ellender, the then chairman of the
Committee on Appropriations, on the
Senate floor about expenditures for in-
telligence operations. I joined in earlier
resolutions prior to the time that I helped
in the support that has been brought to-
gether behind the Pastore resolution.
I agree, of course, with the Senator
from Rhode Island that we need an ef-
fective intelligence operation, we need
it operating under clear and wise ground
rules and under firm control by the Ex-
ecutive and Congress. I haue been crit-
ical-ofhe CIA and other intellieence
s for many of the thin s they
done t a ey s oul __ ave
done. There hay buses.
lishments. There have been deeds done
by . courageous an dedicated men and
women, many of whom have risked eir
lives an some of whom have os eir
lives, in service of their country.
I would just make these points for the
legislative history and for consideration
by the committee that will be carrying
on this activity:
..Eicst. If anyone needs reminding, there
have been a series of revelations over
the past decade and a half that point
not only to the into-"l shartrnminax of
in?Plligfnre agencies in carrying out their
assigned tasks, not only the lack of co-
ordination between their operations and
national policy as declared by the Pres-
ident and Congress, not only to the fail-
ure of these agencies to communicate
with one another and with the President
and the standing committees of Con-
gress-but, also, and more alarming-to
their power to ss"byert the Constitution
and threaten freedom here at home while
damagin -in the majority leader's
wn, ds-"the good name of the United
States" abroad.
Further, it must be admitted, their
py~r w'c nftpn micncPA at. the dirertinn
of higher authority in the executive
i ,=ji-or with the acquiescence of
higher authorities-and with a knowing
wink or willful ignorance on the part of
many members of Congress.
.Second. But the problem goes beyond
the CIA, the FBI, and other intelligence
agencies. It goes beyond foreign relations.
It goes beyond civil liberties at home.
Here the great issues of national sec-
urity and individual liberty are inex-
tricably linked. We have to get some
perspective on ourselves, on our origins,
on our immediate past, and on our fu-
S 969
.States. There has to be accountability
a
and responsibility.'i'itP Intelligence een-
ciea mast be ada,ed to the needs of a
tional democracy in our time-
We cannot elimin to them so we hage
Third. Therefore: as the Senate pro-
ceeds to establish the select committee,'
it is important to identify three impor-
tant missions of, this committee:
First of all, it Is h_ra with finding
the farts in a Aes of alleged wrongdoing.
Thus, the Pastore resolution empowers
the select committee to "conduct an in-
vestigation ... of the extent, if any, to
which illegal, improper, or unethical ac-
tivities" have been engaged in by the
intelligence agencies of>ihe-U.S. Govern-
ment. This will involve identifying in-
dividuals responsible for such activities,
as well as their respective institutions
and I cite paragraphs 1, 2, 3, 10 of sec-
tion 2.
Second, the- select committee is
charged with going one step further_ It is
needed in the nrgant7atinn of the ever,-
tiire branch and chances Pedal in can-
ssional oversight mechanisms as
.well-so that these abuses of power can-
not occur again I cite section 2, para-
graphs 4, 5, 6, 7, 8, 9, and especially
11, 12, and 13, of Senate Resolution 21.
Finally, the select committee is di-
rected to make a complete inv son
and study of the extent and necessity of
overt and covert intelligence activities
in e. Ilnited Staten and ahroad, I cite
section 2 of paragraph 14.
Fourth. It will be difficult for the
select committee to carry out these mis-
sions-no matter how sweeping the man-
date entrusted to it, no-matter how great
its delegated powers, and no matter how
much access to secret documents and
processes is guaranteed in the words of
the Pastore resolution.
Just how does it investigate matters
that, in their essence, depend on not
being seen? How will the select commit-
tee know when it is not getting what it
needs to know to get at the full facts?
These questions are without easy
answers.
Section 3(a),?paragraph 11 of Senate
Resolution 21 is of great importance. It
grants the merntlor>: and staff -.if -the
select rnmmittee "direct access" toany
data , eviden e information, report,
analysis or dortim n s or papers" rela-
Hof the intelli enep agencies:
nesnite this Clouse it c n he-r' rted
that this information--in' some in-
stances-will be given nn with great
reluctance and. indeed. some of itarea 1dy
may have been degtroyed.
Further, there will be a tendency for
personnel of the intelligence agencies to
us> the classification ayatem as a means
ture-as we proceed from the aftermath lcet committee. That is, they may "tell
of the Cold War to what appears to be the truth" or provide. the facts at the
an era of interdependence In a multipo- "top secret" or "secret" level, but not
lar world. include information: available -oia a given
The fundamental problem--as we ap- , subject at a higher Tavel of olassifloation.
proach the bicentennial-I&-la rPatnre Or they may cite la* and bxecutiye or-
 ilege" as shields of justification for not
telling all they know-even though they
are under oath.
This problem malt d he greatly
alle~1_he Senate through its select
CONGRESSIONAL RECORD - SENATE . January 27, 1975
acj'ye support of the Ford administra-
As Walter Pincus
pointed out in Sunday's Washington
Post, such an investigation must inevita-
bly end up questioning the past policies
and practices of Presidents and their
staff.
Perhaps a confrontation with the
White House and the bureaucracy is in-
evitable as the investigation proceeds.
From the start, there are some powerful
incentives for a cover up. The Senate
should understand this reality now.
Alrgady we see a former Director of
the CIA r- H lms pointing the finger
of responsibility at one dead President
and a_t another who is incapacitated-
an[Lwho so far has nna~ n avoid
coming - inter court -before a congres-
sional committee. This same man is
known in have destrnved documents
hearing on his I=Urp,.p, irector of the
CIA.
.Filrtber the present 1711 etnr of the
pointed to his predecessor and previous
administrationg as being responsible for
acts of wron?doin?. Th R ats should
be reminded that this same man had
Spent, bin entire ra.re.er on the oppratinns
one time directed the controversial and
perhaps dubious Phoenix program in
Vietna*^ and at nnp imP Phi was deputy
director for operatigpls. DDO. in the
CIA- }.h, reponsihility for e lnlnterin-
ie1 igence and domestic operations
sitive-that bear upon the matters and
questions posed in Senate Resolution 21.
In this regard, any classification-de-
classification system employed should be
devised by the select committee-in co-
operation with the executive branch, if
possible. After all, one of the issues at
stake is secrecy itself. The emphasis
throughout should be on sharing the
maximum amount of Information with
the public.
Seventh. In conclusion, several ele-
ments are required for a successful in-
vestigation and study: A continua i n of
aggresatye inmestigative report on the
part of the press and I know that will
occur: a select committee members
and staff ,interested in getting all the
facts and shmrins them with the meri-
can people - to the sirtenk nsaih a the
full cnnper ti nth of t a ---.+1- en-
cies involved: sources and witnesses who
are csured of pmpet..protsctioa?.iibng
the way.
Again I thank the Senator from-
Rhode Island, the majority leader, and
the many others for the magnificent
work that has brought us to this point
on this day.
Mr. TOWER. Mr. President, I yield
myself such time as I may require.
e'rirlent, T will he up= candid
acid] el-
ing that-thi&matt.er should have _,en
contained wi ?h mittee on
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safeguards for our legitimate operations
abroad. -
I am hopeful that we can observe the
need to conduct many of our delibera-
tions in private. I think that although
the objective set forth by the distin-
guished Senator from California is de-
sirable, that as much as possible they be
open to the public, there are going to be
times, I think, when we can elicit more
information and more significant and
more penetrating and in-depth infor-
mation, if we go into executive session.
So I think that what we must do is
have a balanced approach here, recognize
that we have to correct abuses, recognize
that we must compel our. Intelligence-
gathering operations to conduct them-
selves within the purview of the law that
authorizes them, and at the same time
recognize the vital Interest of the United
States from the geographic, strategic, po-
litical, tactical, economic situation that
we find ourselves in and make sure we
do not hobble ourselves and render our-
selves -at such, a disadvantage that we
cannot maintain the kind of internation-
sly to prntprt en+rlp rd' our rents or some
QI_ o11r covert QLhrB.ilnnf A.nrrwan~ np ~4
the confidence placed in us by foreign, ,alt
governments. We must,, I .hink_ a a-re-(
fill not to embarrass foreign. govern-
Armed Services which does have over- Inerl not lust friendly veiffi-nZie-njW.~ ut
. igoaFfMliii li dr Th . an over the C'IA. But in i erhaps some mUt It a, rQnvernmantg and
the spirit that this resolution has been 50me that may rlnt a_nnesr tf3 be so
offered by the distinguished Senator friendly that may have supplied us some
from Rhode Island, I am certainly pre- crxperatinn? and I wru ld hope we walild
pared to accept it, because I think that take rare not to .mh rr sn anvernmenis
the Senator from Rhode Island has set
the right tone for the conduct of this in-
vestigation and the subsequent conclu-
sions to be drawn from it.
I think that some examination of the
domestic activities of our intelligence-
gathering organizations should be in-
vestigated and I think perhaps such an
investigation is overdue.
I think it is essential that agencies in-
volved in this kind of work be proscribed
from activities that either violate their
charter, their congressional authoriza-
tions, or militate against the individual
freedom of the American people.
I think, to that end, this is the most
Important thing that our committee can
do or that the select committee when it
is chosen can do.
Tt i y vl w that we ra+. develop n -
withoutSl ..ermili;ng the individ u Is re-
spgr ible for illegal and izupro er cts-
be they in the Oval ce, a National
Security Council-and the 40 Committee
within it-the President's Foreign Intel-
ligence Advisory Board, the U.S. Intelli-
gence Board, or in the individual agen-
cies. A number of the persons involved in
past actions still serve in high positions
in the Government.
So while the select committees' inves-
tigation must not degenerate into a witch
hunt, it cannot be a picnic, either. For
here are bound to be a lot of skeletons
in a lot of closets. Individuals and agen-
cies involved in wrongdoing or ques-
tionable practices must be identified. Or
else the American people will be ill served
by another coverup.
Some have stated that this investiga-
tion must not be a "TV spectacular." But
it must not be conducted behind closed
doors, either. `;>zrotecting--the--nat#eaaI
security Largun+ents m t not s nd in
tl s way f the American people's full
i1nders anding of this problem. and they
m is jot stand in the way of publicly
5igningyponsibility for past actions.
Again, the fundamental issue is account-
ability and responsibility under a consti-
tutional system of government.
There is no good reason why questions
of policy in the intelligence community
cannot be discussed in open hearings, and
all facts bared-except for the most sen-
Jpjator from,.Rbo je Island-that we r. . -on-
tern hat mna on h a ional security
of the Tjnited Statg, of America,
We must rprngnize that our adver-
saries and n lr no ential advers Ties have
$ d a sophisticated -
in? erganiza on. that they have an ad-
this country in
resix,,cts in our
feetly correct that we embark on this
course today.
I am.delighted to yield to the Senator
from California.
Mr. CRANSTON. I thank the Senator
for yielding.
On one point he mentioned, I recog-
nize that there will have to be closed
door sessions, first, in order to get such
information, that would not otherwise be
made available, and that the committee
will need. I recognize the reason for his
amendment. I think it is quite appro-
priate.
I would like to ask one question and
make one point about it,.*
First, I think, as I said In my earlier
remarks just now, that the committee
must control the classification and de-
classification process, hopefully in coor-
dination and cooperation with the ad-
ministration, but It cannot get itself into
a situation where it is unable to do cer-
tain work that It feels it must do.
In regard to the specific amendment
that the Senator has offered, under his
amendment how do we prevent the exec-
utive from abusing this authority?
For example, suppose they did not
cooperate- -
Mr. TOWER. If the Senator from Call-
forn#a will withhold on his question, I
was going to engage in colloquy with the
Senator from Rhode Island on this mat-
ter.
Mr. CRANSTON. Pine.
'Mr. TOWER. And we will bring all
this out.
ga .heri g of signitirant. iinte11igence a
much more difficult proposition,
3 m w do- have to a? ord adequate
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Mr. TOWER. So that we will make it
clear what everyone means and intends;
but I think the distinguished Senator
from Mississippi has been seeking the
floor and has been very patient, so I
would like to yield to him, and then we
will take this matter up subsequently.
Mr. CRANSTON. Certainly. I thank
the Senator.
. Mr. TOWER. I yield to the Senator
from Mississippi such time as the Sena-
tor requires.
Mr. STENNIS. Mr. President, I thank
t e Sena r ro11T Texas.
At this point, at least, I certainly will
not require over 20 minutes, so we can
just limit it to that.
Mr. President, after a conference with
the Senator from Rhode Island and the
Senator from Texas, .Lsend_ a the-desk
_ gpgsed resolu-
an amendment tg the pr
tion=gnd_,at?jj