S. 1438-PROTECTION OF THE PRIVACY AND OTHER RIGHTS OF EXECUTIVE BRANCH EMPLOYEES

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CIA-RDP80-01601R000100260001-5
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January 16, 2001
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May 18, 1972
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p~ S 8092 Approved or Re NMg0Q AQ4 ,L t1RDP?P 0 01 ROO have never done anything to us." I have listened as political leaders. commented that "this shows you this country is in trouble," and that "political assassina- tion is becoming as American as apple pie,? and that our country "is in really great danger when those-differing- voices can't be heard." This is an assessment of the situation which might have been justifiable in the heat of the moment when a public offi- cial is killed and there is some evidence that it might be a plot. It is an assess- ment which no sound thinking person should make today, even under stress, unless he deliberately seeks to infect the. country With an unwarranted sense of corporate guilt for political purposes. For the truth of the matter is that the previous assassinations have all been at the Bands of deranged individuals. As a society we bear no more guilt for their acts than for the acts of Richard Speck or the skyjackers, or any other unstable individual whose own torment leads him to acts of desperation. I, too, believe we should continue to search for ways to minimize the oppor- tunity or incentive to commit such crimes against our unheralded citizens as well as our national leaders. But we must keel) our perspective. We must remember our history: That an assassination attempt Was made on An- drew Jackson's life in the first quarter of the 19th century; that in 1856 a Member of Congress beat Senator Charles Sum- ner senseless on the floor of the Senate and crippled him for life; that a inad- man killed President Lincoln in 1860; that another madman assassinated President Garfield in 1881 and still an.- other took the life of President McKinley 1111901. Eleven years later an assassination at- tempt seriously wounded President Theo- doro Roosevelt and others of his party while he campaigned for the presidency. In 1935 an assassin took the life of Lou- isiana Governor Huey P. Long. In 1954 there was a vicious attack on Members of the House of Represent.a.t?ives, several of whom were seriously wounded; and an attempt, was also 'made to assassinate President Truman. Only 9 years sepa- rated that attack from the killing of President Kennedy, and no more than 25 years have separated any of the attacks mentioned. Further, I do not set this forth as an exhaustive summary of such crimes or attempted crimes against political fig- ures. Hardly a presidential election has gone by that some private citizen has not died in a quarrel over politics. But we do not and must not attribute these individual acts to a whole Nation. If anything contributes to the atnlos- phere that causes such acts it is the poli- tics of confrontation in times of severe testing, if there is any lesson here, it is for the press and politicians to use the utmost discretion in inflaming passions for political purposes. ECUTIVE BRANCH EMPLOYEES Mr. ERVIN. Mr. President, last De- ceniber, the Senate by unanimous con- sent gave its approval for the third time to S. 1.438, a bill to protect'the constitu- tional rights of executive branch employ- ees and prohibit umwarranteel govern- mental invasion of their privacy. ' The bill is now pending before the House Post Office and Civil Service Com- mittee. That committee also has on its agenda H.R. 11150, an amended version of S. 1438 reported from the Employee Benefits Subcommittee presided over by Representative JAMES IIANLEY. H.R. 11150 is sponsored by Representatives HANLEY, BRASCO, UDALL, CHARLES H. WILSON, GALIFIANAIcIS, MATSUNAGA, and Mu-arisy of New York. Since it was first introduced in 1966 in response to complaints raised during the Kennedy and Johnson administra- tions, the need for this bill has been self evident to everyone but the White House and some of those who do its political bidding in the civil service. Its bipartisan nature is obvious from the fact that in three Congresses more than 50 Senators cosponsored it, and an overwhelming majority of the Senate ap- proved it each time. The history of the fight for enactment of this legislation is set out in an illuini- nating article written by Robert M. Foley and Harold P. Coxson, Jr., in volume 19 of the American University Law Review. Although the article discusses the bill as S. 782 in the 91st Congress, that version was identical to S. 1438 as passed by the Senate. The authors have reservations about certain inadequacies of the bill, which I confess I share, but these are the re- sults of compromises thought necessary to obtain passage. They also believe the bill does }lot go far, enough in meeting other serious clue process problems often encountered by individuals in their Fed- eral employment. There are, I agree, major omissions in the statutory guaran- tees of the constitutional rights of these citizens and the authors define them well. As a practical matter, however, one piece of legislation cannot effect all of these changes. I believe we must begin with the passage of S. 1438. I wish to offer the observation that a great deal of careful legislative drafting is reflected in the balance S. 1438 achieves between the first amendment rights of individuals and. the needs of government as an employer. It is my sincere hope that the balance so care- fully developed over a 5-year period will not be disturbed as the bill makes its way toward. passage. The authors conclude their analysis with these observations, which I com- mend to the attention of Members of .Co.lgress interested in protecting the right of privacy of all Americans: There Is no question of greater impor- tance to a free society than that of defining the right of privacy. This right is the most important pillar of freedom. The framers of the Constitution, with a keen awareness of the case with which tyrannous power can be used to erode freedom had this right clearly in mind as they wrote that citizens should be "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures . ." In fact, the heart of the Bill of Rights is predicated upon this right. In this light one must view the -tutionally protected area. To allow en- croachments upon the right to privacy of federal employees within the framework. of free society may lead to an irrevocable dis- integration of the right to privacy for all. The Court has been able to deflne some areas where privacy Is protected, but this is not enough. There is no definitive guide- line for such an Interpretive process. The time is ripe for Congress to begin a com- prehensive definition of this right, since, this process obviously cannot be achieved entirely through the courts. The guideline must come from Congress, which Is the only government body charged with expressing the common will of society. S. 782 appears to be a good stepping stone. Mr. President, I ask unanimous con- sent that the article, entitled "A Bill to Protect the Constitutional Right to Pri- vacy of Federal Employees," be printed in the RECORD. There being no objection, the article was ordered to be printed in the RECORD, as follows: [From the American University Law Review] S. 782-A BILL To ?PaOTECr, TilE CONNrI'r0'- TIONAL 1j.IGIIT TO PRIVACY OF FEDERAL EbI- FLOYEES LEGISLATIVE IIISTORY A State which dwarfs its men, in order that they may be more docile Instruments iii its hands even for beneficial purposes-will find that with small men no great thing can really be accomplished.. ? Legislative attention has recently been focused on the unwarranted invasions of privacy and restrictions on liberty perpe- trated by the .Federal Government against Its, nearly three minion civilian employees. S. 782,2 recently proposed in the 91st Con- gress, addresses the question posed by the philosopher John Stuart Mill a little over a century ago: What are the limits of legiti- mate interference with individual liberty? 3 .Today, expanding federal activities and in- creasing ieliance on technological innova- tions have extended the traditional limits to the point that -further interference will ren- der "individual liberty" a hollow phrase. Although occasional encroachments on tra- ditional areas of 1Uberty ancl, privacy might be Justified by the overriding interests of society,' there is a need to periodically re- examine the extent to which such encroach- ments will be, sanctioned. "There Is once again serious reason to suggest that the law must expand its protection if man's tradi- tional freedoms are to be preserved." I S. 782 Is a legislative atempt to protect federal employees from specific violations of their constitutional rights ? and to provide a statutory basis for the redress of such vio- latiouG 7 The major emphasis of the bill is the protection of federal employees from unwarranted Invasions of privacy by gov- ernment officials. This article will demon- strkte the need for S. 782, analy e its pro- visions, and measure its effectiveness. For the past five congressional sessions, violations of federal employee rights have been'the subject of "intensive hearings and' investigation" by the Subcommittee on Con- stitutionai Rights of the Senate Judiciary Committee 8 As a result of numerous com- plaints from civil servants,9 the Subconvnit- tee initiated legislatalve hearings in June, 1965, on "Psychological Tests and Constitu- tional Rights." 11 Following these hearings, the Chairman of the Subcommittee, Senator Sam J. Ervin, Jr. wrote to then ? President Lyndon B. Johnson: "The invasions of privacy have now reached such alarming proportions and are assuming such varied forms that the matter now de- mands your immediate and personal atten- tion." it Approved For Release 2001/03/04: CIA-RDP80-0160'1 R0001.00260001-5 /r) Approved For Release ?oo1/03/04: CIA-RDP80-01601R0001 COLUMBIA, S.C.- sTI R 91972 U - 101,506 B - 115,271 1 Would Punch IF ONE were to set about to de-. .vise a 'sure way to disrupt American :espionage, Sen. John Sherman Coop- er's method sooner or later would suggest itself. Senator Cooper pro- poses, in a bill he has introduced, to i:6-quire the Central, Intelligence Agency to make full reports to the mill r and foreign affairs commit. Ades of Congress. -What we are dealing with here is no tiny, select group of congressmen, all sworn to keep their lips buttoned in a town where babble is the rule. We are talking about a Senate For- eign Relations Committee of 16 members and a House Foreign Af- fairsCommittee of 38 members and a Senate Armed Services Committee of 16 members and a House Armed Services Committee of 39 members Allowing for duplication in member- ship, we are still talking in terms of a hundred or so legislators, few if any of them with any experience in espionage. Approved or t'etease k(3 '/t0 t: 4UP8 Wdu,4 0 6A Min :-5, To' open the nation's intelligence files to this great throng of no doubt well-intentioned legislators would do .very little to lengthen the odds on national survival-if one assumes. a relationship between survival and in- telligence. And it is -only because Congress does assume the existence of such a relationship that it contin- ues to fund the CIA. In other words, it would be cheaper to disallow the appropriation. Secrets are hard enough to keep in Washington's tattle-tale society, as witness the Pentagon Papers and the Anderson Papers and who-knows- it was Sen. Mike Gravel who dashed madly to the microphones in the dead of night so that he might be the first to divulge the still-secret Penta- gon Papers before the federal courts, just then beginning their delibera- tions, had an opportunity. to declassi- fy them. . It is into the hands of Senator. Gravel, if he should happen to find his way into one of the affected com- mittees, or into the hands of some other senator or represenative whose flawed discretion has yet to come to light that Senator Copper proposes to lay the nation's topmost intelli- gence data. The whole -idea is pre- posterous. - . Some. will.. assert perhaps that congressional dealings with the At- omic Energy Commission show that security leaks are no problem. The situations are in no way analogous.. The AEC reports to the Joint Com- mittee on Atomic Energy, made up of only eight members from each house, all carefully selected and screened, presumably, to weed out reckless and irresponsible members.. . :None of these precautions are possible under Senator Cooper's bill. What Senator Cooper proposes is to destroy the CIA as an effective in- strument of national policy. He pro- poses to do it on the specious ground that only by breaching the U. S. in- telligence apparatus can Congress faithfully discharge its duties to the American public. Perhaps some bet- ter method of congressional over- -sight is required. We do not say that it isn't. But we do say that .Senator Cooper's method isn't it; and Con- P4IX-X _ WORLD Approved For Release 20p1/Q 4c 4979lA-RDP80-01601 R00 VOCT)IN 2ONC-15' V,7hiU32'h(:_) WOU0 0 on 0- CJ) V) ir (-~A 3 Q R 2 Q U. Z By SAM KUSHNER LOS ANGELES. Jan. 13 - At a crowded press con-. ference here earlier this week, Gus Hall, presidential can- didate of the Communist Party. told reporters that he would end the war, padlock the Pentagon, CIA and FBI, release Angela Davis and other political prisoners, and outlaw racism immediately if elected., _ The conference attracted a .score of radio and TV newscasters as well as newspaper reporters, and the interview got national as well as local coverage. Hall out- lined what he would do on the first two days in office. "We would declare the war in Indo- china over," he said. "We would order the withdrawal of all armed forces from Indochina followed by an order of withdrawal of armed forces from every corner of the world." . - "We would order the padlocking of the three centers of aggression and repression in the U.S., the Pentagon, the Central Intelligence Agency headquarters and the FBI," the Communist Party gen- eral secretary added. This would be followed by the release of all political prisoners, "starting of course with Angela Davis here in California." Honor resisters Insofar as the young people "who have refused 'to participate in this immoral and unjust war," Hall said, "means will be devised to honor them, not just grant them amnesty." To cap that 'memorable first day, he. envisioned issuing execu- tive orders "to outlaw racism in every respect" and also cancel war production contracts' which he estimated would save the Amer- ican people $100 billion. On the second day, Hall went on, his new administration would propose legislation for a massive housing program that would "eliminate the slums and provide housing at prices people could pay," increased hospital con- struction, free medical care, un- limited unemployment compen- sation, and nationalization of the banks and basic industries. All these would be made possible with funds released from military spending. Hits Nixon's'joker' During the presidential cam- paign, Hall said, he. and his vice- presidential running mate, Jarvis Tyner, will hit hard at what he called "the joker in Nixon's plans about a generation of peace." Nixon's refusal to set the date for complete withdrawal indicates that he "has a plan of withdrawing enough to win the election but to be in a position to re-escalate the war after the election." Hall said that he was. exploring with Communist Party leaders in California possible plans for getting the party on the ballot here. lie said he did not under- estimate the impact of highly restrictive electoral laws which mitigate against accomplishing this. He expressed full confidence that "a revolutionary party like ours will continue to grow as cap- italism sinks deeper into crisis." "As far as the left is concerned," he sarid, "the CP is the most youth- ful and influential party that there is." Candidates are workers The Communist Party candi- dates "will influence the elec- tion," he added. "I think Ameri- cans will have a clearer under- standing of how we face problems as a result of the election." Hall said that special pride is taken by the Communist Party in GUS HALL the fact that both its candidates this year are workers. Tyner, president of the Young Workers Liberation League, is a young black metal worker.from Phila- delphia. Hall, a former steelwork- er, lumberjack and construction worker; helped organize the fore- runner of the present Steelwork. ers Union, STATINTL Approved For Release 2001/03/04: CIA-RDP80-01601 R000100260001--5 ~j LOUISVILLE, KY_. TIMES Approved For Release 2001/03/04: CIA-RDP80-01601 ~; - 173,180. ? Lhicaan Daily News Service 11 ii t 1111 11 H \~. fa [1 H ;l li V`- H I? kl.111,~,1_11 I STATINTL - n.: YYfiJt111NUIViN--11 we VCIIILdI Li LL tt- _ _ L+_y,-.a _ +/gence Agency (CIA) and allied twits in, Kissinger responsibility for making a net "Iias`this new White house coNiniitlce _/ the `govtsiiiii ent have been inefficient or . assessment of all available intelligennnce. been given authority or/and responsi- unresponsive, Sen. Stuart Symington, - D-Mo., wants to know how and why. Symington asked in a statement on the bility which heretofore was the responsi- Symington, ranking member of the Senate floor how the role of CIA Dire ~bility of the CIA; and which the Con- Senate Armed Services Committee, also tor Richard Helms was being "enhanced' gross, under the National Security Act, wants an explanation of why appropriate by the "creation?of a new and obviously vested in the agency? congressional committees were not ? con. more powerful supervisory committee "How can the integrity of the into Ili- chaired by the adviser to the President sulted in advance of administrative for national security affairs, gence product be assured when responsi- changes - in ' tho intelligence operations bility for the most critical aspects of in- announced by President Nixon last Fri- He also noted that the attorney gen- telligence analysis is taken out of the 'day. _ oral and the chairman of the Joint Chiefs hands of career professionals and vested r of Staff will sit on 'the new committee. in a combination of military professionals p; A White House spokesman says there Symin ton asked two questions about it: and the White House staff." were consultations with key congres- g q ` sional leaders before the changes were made. But Symington says that the CIA V subcommittee of the Armed Services Committee has not met this year. Symington's challenge centered on the administration's alleged failure to consult' Congress. While he admitted the changes. might be ".constructive," he posed several' ,questions based on the White House press release that described the reor-i ganization as an effort to improve the "efficiency and effectiveness" of all U.S..~ intelligence. STATINTL It would provide an "enhanced leader-' i ? ship role" for the CIA's director and / . would give presidential adviser. 'Ilery Approved For Release 2001/03/04: CIA-RDP80-01601 R000100260001-5 Approved For Release 2001/03/04: CIA-RDP80-01601 R000100260001-5. STATINTL IMESTEAD, FLA. NEWS LEADER . 1971. Nov 3 - 10,;19 ! 1. '-s f ,u t e Po'we ? iTh `.h e lii~ f ~fL.e According to a recent article in The Christian Science Monitor, "Lewis F. Powell Jr. of Virginia, one of President Nixon's two new nominees for the Supreme Court, says he believes the threat of internal subversion is such that' it may be necessary to waive prior court authorization in order to wiretap in national-security cases in- volving `the radical Left'. "Law-abiding citizens have nothing to fear," he said. `Powell gives his reasons for this . position as the government's stated need for `secrecy'. .,.and in order to protect sources of information. Two basic questions arise as a counter to Powell's position here. Who- defines the `law abiding citizen'? Does protecting the govern.- ment's `need' to secrecy mean an even greater concentration of power in the hands of the FBI and CIA which exercise that power insulated from the: 'right' of the people to question it?' If the government's inner societies is given the unchecked. power to define `law abiding citizen', what v; will their definition be. Given the FBI and CI 1p :I~ f=chant for holding dosiers on even respected senators and congressmen let along other critics of national policy, that definition may well narrow itself to the Archie I;unker types. The real danger here is' unchecked power. Powell is -stating that the government's `need' for secrecy and protection of sources is so g.'r.at that the courts looking at-it may be a risk. Our government has been set up with three branches to check each other. What is happening A ere by eliminating the courts, which' make constitutional judgements, ? is a cutting off of any constitutional restraint. Since much of the money pouring into the FBI and CIA as secret, kept even from the members of con cress, the congressional checks i, are already cut off. Approved For Release 2001/03/04: CIA-RDP80-01601 R000100260001-5 Approved For Release 2001/03/04: CIA-RDP80-01601 R LATR01;E, PA. BULLETIN 3 0 E _:.2 7 , 3 0 6 r.. If William I,', I.Aichar&m oil Grecusburg, who is atlompting to sue the federal government claiming that funds e pended in secret by the Central In- felligrnce A~ eney (CIA) V iolat i the -U.S: Constitution, has ap- pealed his ' case to the U.S. Third Circuit Court of Appeals. Richardson ' tiled a writ, of certiorari this \"'cek, naming the. United States, John Connally, Treasury Secretary, and 'S. S. Soho, . Commissioner of . Ac-. courts, as respondents. The petition asks the high -:court for leave to revie a -federal district court riding which dismisses; the case and refusecl to convene a three- 1judge court to hear the merits of the can.. .1-Uchardsod, claim: this U.S. CodW-ifution ;specifically forbids the government to expend fund:. in secret and th:t, as a resttlh .of, secret aecotill tnl,, reports by t h c U.S. Treasury are fraudulent. ' 11e also alleges that funds for the -CIA are drawn fraiii the ,budgets of all other government agencies, making the acebunt.s filed by those agencies false. The federal government has 3O days in which to file all tim=er to the. petition, - after which the third clrcut t: court will make P. rulit!g, . Approved For Release 2001/03/04: CIA-RDP80-01601 R000100260001-5 STATINTL Approved For Release=Q-140=4: ' CIA-RDP80-01 17 t'a: ~~~'z?...l~e~t 1971 [[ ~n For some time l have been disturbed by the way the CIA has been diverted from its original 'assignment. It has become an operational and at times policy-making arm of the government. I never thought when 1 set up the ,CIA that it would be injected into peacetime cloak-and- dagger opera-,ions. -ex- President Harry S. Truman. J of Newspaper E be supervised i Intelligence Ag, The time is Io supervisory role Central Intellig War. Under thi; CIA administra of inquiry by i and specificallt requiring disch titles, salaries CIA; (ii) expe tions on expci the Director's 'without adver Government the Governme for staff abroa( their families 1949 Central I Director a lice With so ML is seen by ma Stifle coups, in Guatemala Mossadegh i the Cuban I failure). The President Ker 28, 1961,'z heralded -- the Because agency's-"m._- representative of the unending gamtoRry aiiu u,y;,.., . ?- - life hurrran aspect of espionage- and secret operations. Al. this level the stakes are lower and the "struggle" frequently takes bizarre and even ludicrous twists. For, as Alexander Foote noted i n his f/ancltJook for Spies, the average agent's "'re rl difficulties are concerned with the practice of his trade. The setting up of his transmitters, the obtaining of funds, and the arrangement of his rendezvous. The irritating administra- tive details occupy a disproportionate portion of his waking life." As an example of the administrative hazards, one day in 1960 a technical administrative employee of the CIA stationed at its quasi-secret headquarters in Japan flew to V Singapore to conduct a reliability test of a local recruit. On arrival he checked into one of Singapore's older hotels to receive the would-be spy and his CIA recruiter. Contact was made. The recruit was instructed in what a lie detector test does and was wired up, and the technician. plugged the machine into the room's electrical outlet. Thereupon it blew out all the hotel's lights. The ensuing confusion and darkness did not cover. a getaway -by the trio. They were discovered, arrested, and jailed as American spies. By itself the incident sounds like a sequence from an old Peters Sellers movie, however, its consequences were not nearly so funny. In performing this routine mission the CIA set off a two-stage international incident between England-.and the United States, caused the Secretary of State to write a letter of apology to a foreign chief of state, made the U.S. Ambassador to Singapore look like 'the proverbial cuckold, the final outcome being a situation wherein the United States Government linrl in public ment agen I Pir9~e c 94n a O"e-i kkil/ lfl4th`3C1 - 018000100260001-5 CIA's Director, acknowledged before the American Society OTI-LING has happened since that pronouncement by the agency's creator in December 1'963 to remove or reduce the cause for concern over the CIA's develop- ment. As currently organized, supervised, structured and led, it may be that the CIA has outlived its usefulness. Conceivably, its very existence causes the President and the .National Security Council to rely too much on clandestine operations. Possibly its reputation; regardless of the facts, is now so bad that as a foreign policy instrument the agency has become counter-productive. Unfortunately the issue of -its efficiency, as measured by its performance in preventing past intelligence failures and consequent foreign policy fiascos, is always avoided on grounds of "secrecy". So. American taxpayers provide upwards of $750,000,000 a year for the CIA without knowing how the money is spent or to what extent the CIA fulfils or exceeds its authorized intelligence functions. The gathering of intelligence is a necessary and legitimate activity in time of peace as well as in war. But it does, raise a very real problem of the proper place and control of agents who are required, or authorized on their own recognizance', to commit acts of espionage. In a democracy it also poses the dilemma of secret activities and the values of a free society. Secrecy is obviously essential for espionage but it can be - and has been - perverted to hide intelligence activities even - from those with the constitutional re- sponsibility to sanction them. A common rationalization is, the phrase "If the Ambassador/Secretary/President doesn't know he won't have to lie to cover up." The prolonged birth of the CIA was marked by a reluctance on the part of politicians and others to face these difficulties, and the agency as it came to exist still bears the marks of this indecision. What we need to do is to examine how the U.S. gathers its intelligence, and consider how effective its instruments CON FREMM1W.~._T, QUARTZ II Y Approved For Re As~, 1/03F&4A IA DP80-01601 RO ST NTL Since the Central Intelligence Agency was given authority in 1949 to operate without normal legislative oversight, an uneasy tension has existed between an un- informed Congress and an uninformative CIA. In the last two decades nearly 200 bills aimed at making the CIA more accountable to the legislative branch have been introduced. Two such bills have been reported from committee. None has been adopted. The push is on again. Some members of Congress are insisting they should know more about the CIA and about what the CIA knows. The clandestine military operations in Laos run by the CIA appear to be this year's impetus. Sen. Stuart Symington (D Mo.), a member of the Armed Services Intelligence Operations Subcommittee and chairman of the Foreign Relations subcommittee dealing with U.S. commitments abroad, briefed the Senate June 7 behind closed doors on how deeply the CIA was involved' in the Laotian turmoil. Ile based his briefing on a staff report. (Weekly Report p. 1709, 1660, 1268) Ile told the Senate in that closed session: "In all my committees there is no real knowledge of what is going on in Laos.*We do not know the cost of the bombing. We do not know about the people we maintain there. It is a secret war." As a member of two key subcommittees dealing with the activities of the CIA, Symington should be privy to more classified information about the agency than most other members of Congress. But Symington told the Sen- ate he had to dispatch two committee staff members to Laos in order to find out what the CIA was doing. If Symington does not know what the CIA has been doing, then what kind of oversight function does Congress exercise over the super-secret organization? (Secrecy fact sheet, Weekly Report p. 1785) A Congressional Quarterly examination of the over- sight system exercised by the legislative branch, a study of sanitized secret documents relating to the CIA and interviews .with key staff members and members of Con- gress indicated that the real power to gain knowledge about CIA activities and expenditures rests in the hands Of four powerful committee chairmen and several key members of their committees--Senate and House Armed Services and Appropriations Committees. The extent to which these men exercise their power in ferreting out the details of what the CIA does with its secret appropriation determines the quality of legislative oversight on this executive agency that Congress voted into existence 24 years ago. The CIA Ares .v rs to... As established by the National Security Act of 1947 (PI. 80-253), the Central Intelligence Agency was ac- countable to the President and the National Security excluded the agency from scrutiny by Congress, but also no provision which required such examination. STATINTL To clear up any confusion as to the legislative intent of the 1947 law, Congress passed the 1949 Central Intel- ligence Act (PL 81-110) which exempted the CIA from all federal laws requiring disclosure of the "functions, names, official titles, salaries or numbers of personnel" employed by the agency. The law gave the CIA director power to spend money "without regard to the provisions of law and regulations relating to the expenditure of govern- ment funds." Since the CIA became a functioning organi- zation in 1949, its budgeted funds have been submerged into the general accounts of other government agencies, hidden from the scrutiny of the public and all but a se- lect group of ranking members of Congress. (Congress and the Nation Vol. 1, p. 306, 249) In the Senate, the system by which committees check on CIA activities and budget requests is straight- forward. Nine, men-on two committees-hold positions of seniority which allow them to participate in the regular annual legislative oversight function. Other committees are briefed by the CIA, but only on topical matters and not on a regular basis. Appropriations. William W. Woodruff, counsel for the Senate Appropriations Committee, and the only staff man for the oversight subcommittee, explained that when the CIA comes before the five-man subcommittee, more is discussed than just the CIA's budget. "We look to the CIA for the best intelligence on the i/ Defense Department budget that you can get," Woodruff told Congressional Quarterly. He said that CIA Director Richard Helms provided the subcommittee with his k/ estimate of budget needs for all government intelligence operations. Woodruff explained that although the oversight subcommittee was responsible for reviewing the CIA bud- get, any - substantive legislation dealing with the agency would originate in the Armed Services Committee, not Appropriations. No transcripts are kept when the CIA representative, (usually Helms) testifies before the subcommittee. Wood- ruff said the material `covered in the hearings was so highly classified that zany transcripts would have to be kept under armed guard 24 hours a day. Woodruff does, take detailed notes on the sessions, however, which are held for him by the CIA. "All I have to do is call," lie said, "and they're on my desk in an hour." Armed Services. "The CIA budget itself does not legally -require any review by Congress," said T. Edward Braswell, chief counsel for the Senate Armed Services Committee and the only staff man used by the Intelli- gence Operations Subcommittee. Approved For Release 2001/03/04: CIA-RDP80-01601 R0001 00260001-5 .c;)ut l hued Approved For Release 2001/03/04: CIA-RDP80-01601 R0001 00260001-5 CIA Oversight Subcommittees Four subcommittees have the official function of monitoring Central Intelligence Agency programs and, passing judgment on the agency's budget before the figures are submerged in the general budget. Senate. Arrived Services Committee, Central Intelligence Subcommittee (reviews CIA programs, not the budget)---John C. Stennis (D Miss.), *Stuart Symington (1) Mo.), Henry M. Jackson (D Wash.), Peter H. Dominick (R Colo.) and Barry Goldwater (R Ariz.); Appropriations Committee, Intelligence Opera- tions Subcommittee comprised of the five ranking members on the Defense Subcommittee-Allen J. E]lender (D La.),* John L. McClellan (D Ark.), Sten- nis, Milton R. Young (R N.D.), Margaret Chase Smith (It Maine); Foreign Relations Committee in 1967 was invited by Stennis and Ellender to send three members to any joint briefings of the Appropriations and Anned Services oversight subcommittees. The three mem- beis were J.V. Fulbright (D Ark.), George D. Aiken (R Vt.) and Mike Mansfield (D Mont.). There have been no joint meetings in at least the last year. However, CIA Director Richard Helens did appear nee in March before a Foreign Relations subcom-.J ittee. house. Armed Services Committee, Intel- ligence Operations Subcommittee (created in July)- Luicien N. Nedzi (D Mich.), William G: Bray (R Ind.), Alvin E. O'Konski (R Wis.), 0. C. Fisher (D Texas), Melvin Price (I) I11.), with ex officio members F. Edward Hebert (D La.) and Leslie C. Arends (R 111.). Appropriations Committee, Intelligence Opera- tions Subcommittee---membership undisclosed. Believed to be the five ranking members of the Defense Subcommittee headed by committee chair- man George Mahon (D Texas). Also would include Robert L. F. Sikes (D Fla.), Jamie L. Whitten (D Miss.), William E. Minshall (R Ohio), -John J. Rhodes (R Ariz.). Indicates subcommittee chairman. The role of the Armed Services Committee is not to examine the CIA's budget, Braswell said, but rather to review the programs for: which the appropriated funds pay. "The budget is gone into more thoroughly than people (on the committee) would admit," Braswell ex- plained. "It's just reviewed in a different way than, say, ,the State Department's budget is." The committee's chief counsel said the budget review was conducted by a "very select group... more select than the five-man subcommittee." In the June 7 closed session of the Senate, Jack Miller (R Iowa) said, "I find it very difficult to believe that the oversight committee could not obtain some pretty ac- curate information on how much of that CIA money was going to Laos." Symington's reply: "There is a war going on in Laos and money is being spent in heavy quantities, about which the Senate knows nothing. I am a member of literally all the committees involved. Each time we go into Laos and believe we have uncovered the last leaf of what has been and is going on, we find later that it is not true." Foreign Relations. Since the CIA never has been recognized officially as an agency involved in making foreign policy, the operations of the agency have not regularly been scrutinized by the Foreign Relations Com- mittee. The Armed Services Committee reviews the agency's program annually because threats to the United States, against which the CIA guards, traditionally have been military in nature. The Appropriations Committee checks on the CIA's budget because the committee ex- amines all money requests of government agencies; the CIA provides valuable intelligence on Pentagon programs about which the committee has an interest. The Foreign Relations Committee was a newcomer into the circle of CIA-knowledgeable committees. In the spring of 1967, secret CIA aid for student activ- ities became the cover story for Ramparts magazine. Theli national press picked up the story and soon it became widely known that the CIA had been contributing money to the National Student Association (NSA) and other tax-exempt foundations and was playing more than a casual role in jockeying CIA personnel into leadership positions in the various organizations. The response in Congress to the NSA story was the introduction of seven bills in one montl.-all aimed at allowing Congress a closer look at the CIA. One pro- pos~l, sponsored by former Sen. Eugene J. McCarthy (1) Minn. 1959-71), would have involved an investigation of the CIA by a select committee armed with subpoena power. A proposal to set up a similar oversight and investi- gating committee had been killed in 1966 on a procedural ruling regarding committee jurisdiction. With the new series of embarrassing CIA revelations, the McCarthy proposal posed a threat to the long-standing oversight system. - Don Henderson, a Foreign Relations Committee staff member, said that in an effort to undermine support for the McCarthy bill, the Foreign Relations Committee was invited to send three members to all CIA joint briefings held by the Armed Services and Appropriations Committees. The original members were J. W. Fulbright (D Ark.), Mike Mansfield (D Mont.) and Bourke B. Iickenlooper (R Iowa), who was replaced by George Aiken (R Vt.) when Hickenlooper retired in 1968. Woodruff, counsel for the Armed Services Committee, said that the committee had not -met jointly on CIA busi- ness with the Appropriations Committee for at- least one year. "Maybe it's been two years," he said, "I'm not sure." CIA Director Helms, however, appeared before the Foreign Relations Committee for a special briefing on Laos in March. "I have known," Fulbright told the Senate during the June 7 closed session, "and several (other) Senators have known about this secret army (in Laos). Mr. Helms testi- fied about it. He gave the impression of being more can- did than most of the people we have had before the committee in this whole operation. I did not know enough to ask him everything I should have...." THE HOUSE Two committees in the House acknowledge that they participate in oversight of the CIA---Armed Services and Appropriations. The Armed Services Committee has Approved For Release 2001/03/04: CIA-RDP80-01601 R00010Q20DAUS Approved For Release 2001/03/04: CIA-RDP80-01601 R0001 00260001-5 a five-man subcommittee reviewing the programs of all intelligence organizations. The Appropriations Committee refused to say who on the committee reviews the CIA budget. Armed Services. A new subcommittee forciied in July has filled a hole on the committee that has been left since F. Edward Hebert (D La.) reorganized the Armed Services Committee and abolished the CIA Over- sight Subcommittee that had been run by the late L. Mendel Rivers, chairman of the committee until his death Dec. 28, 1970. Hebert's plan was to democratize the committee by allowing all to hear what the CIA was doing instead of just a select group of senior members. Freshman commit- tee member Michael Harrington (D Mass.) said that Hebert was making an honest attempt to spread the authority, but the full committee CIA briefings were still superficial. "To say that the committee was per- forming any real oversight function was a fiction," Harrington said. When Helms came before the full committee, Ilar- ringt.on asked what the CIA budget was. I-Ielms. said that George Mahon (D Texas), chairman of the Appropriations Committee, had instructed him not to reveal any bud- get figures unless Armed Services Chairman Hebert requested the information. Hebert said "no" according to Harrington and the budget figures remained a mystery. As in the Senate, the House Armed Services Commit- tee is responsible more for what the CIA does than how much it spends, according to the committee's chief counsel, John R. Blandford. The Armed Services Com- mittee does not meet jointly for CIA briefings with the Appropriations Committee or with the Foreign Affairs Committee, Blandford said.. The new subcommittee, responsible for reviewing )all aspects of intelligence operations, was put under the leadership of Lucien N. Nedzi (D Mich.)-a leading House opponent of the Indochina war and critic of'Penta- gon spending. I-Ic'sert said he chose Nedzi "because he's a good man, even though we're opposed philosophically." Hebert's predecessor as committee chairman, Mendel Rivers, regarded the oversight subcommittee as so im- portant he named himself as subcommittee chairman. Nedzi said that Hebert had placed no restrictions on how the subcommittee should be run or what it should cover. When Hebert took over as chairman of the full committee and abolished the CIA Oversight Subconnnit- tee, there were 10 members of the subcommittee. One of the original 10 left Congress in January, one died, Hebert and Leslie- C. Arends (R Ill.) currently serve as ex officio members, four have been renamed to the sub- committee and two members have been bumped-Charles E. Bennett (D Fla.) and Bob Wilson (R Calif.). Both Blandford, the subcommittee's new staff man, and ?I larrington said that the new subcommittee was formed because the full committee hearings were too unwieldy, not because Hebert wanted Bennett and Wilson off the subcommittee. Appropriations. In interviews with two staff members of the House Appropriations Committee, Con- gressional Quarterly learned that the membership of the committee's intelligence oversight subcommittee' was confidential. When asked why the membership - was a- secret, Paul Wilson, staff director, said: "Because that's Intelligence [Zeorganizcatioti The Central Intelligence Agency was created as the clearinghouse of intelligence information gather- ed by the various government agencies responsible for espionage, code-cracking and other forms of intelligence work. The CIA was intended to loosely coordinate operations of all the different intelligence- gathering groups. The place as originally conceived has not worked to total satisfaction. The Washington Post reported Aug. 16 that the White I-louse, which ordered a study of ways to consolidate the far-flung intelligence- gathering operations of all branches of government, was looking for ways to cut at least $500'-million and 50,000 employees from the. estimated $5-billion and 200,000 employees currently representing what is believed to be the total intelligence program. The Post reported that Allen J. Ellender (D La.), chairman of the Senate Appropriations Committee, has forced the Administration to look into budget- cutting plans by threatening to slice a piece of the appropriation from the White [louse request. the way it's. always been." Ralph Preston, a staff man for the. Defense Subcommittee, said the information was a secret, but admitted that more members than just Chairman Mahon were responsible for reviewing the agency's budget. Rep. Harrington said he has requested the compo- sition of the subcommittee and has been refused time in- formation. "I'm just sure the CIA committee consists of the five ranking members of Mahon's subcommittee on defense," Harrington said. Other sources indicated that Harrington's conclusion was correct. Quality of Congress' Oversight Because most members of Congress have not been aware of what the CIA was planning until long after the agency had already acted, more than one Senator or House member has made embarrassing statements out of line with fact. Former Sen. Wayne Morse (D Ore. 1945-69), a member of the Foreign Relations Committee, took the Senate floor April 20, 1961 -five days after the Cuban Bay of Pigs invasion-and said: "There is not a scintilla of evidence that the U.S. government has intervened in the sporadic rebellion which has occurred inside Cuba. That rebellion has been aided from outside by Cuban rebel refugees who have sought to overthrow the Castro regime.". Four days later Morse admitted: "We now know that there has been a covert program under way to be of assistance to the Cuban exiles in an invasion of Cuba and that assistance was given by the United States govern- ment. We did not know at the legislative level, through the responsible committees of the Senate, what the pro- gram and the policies of the CIA really were." The Morse speech, delivered nine days after the Bay of Pigs invasion, was the first mention in either the House or Senate of U.S. involvement in the invasion at- tempt. (Congress and the Nation Vol. 1, p. 127) Approved For Release 2001/03/04: CIA-RDP80-01601 R0001 0026000J -5 ccmti nue Approved For Release 2001/03/04: CIA-RDP80-01601 R0001 00260001-5 Four Approaches to Chaftc,;:e Although more than a dozen bills and amend- ments relating to greater legislaive control of the CIA were introduced in the Senate and House prior to Aug. 6 (summer recess), four basic approaches to altering the present system of oversight have emerged. o In every Congress since 1953, a resolution has been introduced which sought to establish a joint committee on intelligence operations and information which would include members of key committees from both the Senate and House. From the 83rd to the 92nd Congress this type of resolution has been intro- duced, refcricd to committee and killed by lack of action. o The approach adopted by Sen. George McGov- ern (D S.D.) in S 2231 was aimed at gaining a single- sum disclosure of the CIA budget to be voted on by the House and Senate as a line budget item annually. o A proposal which sought to provide Congress with more intelligence information without either limiting CIA activities or disclosing the agency's ex- penditures was introduced by Sen. John Sherman Cooper (R Ky.). The bill (S 222-1) requested that the two Armed Services Committees, the Senate Foreign Relations Committee and House Foreign Affairs Com- mittee be provided with regular and thorough CIA briefings with information and details included in the briefing which would be similar to the data provided the White House. a The approach adopted by Senators Frank Church (1) Idaho) and Clifford P. Case (R N,.J.) and Rep. Herman Badillo (D N.Y.), among others, has been to sponsor' proposals aimed not at learning more of what the CIA knows, but at limiting the agency to informa- tion gathering rather than military and Para-military operations. (Radio Free 'Europe, p. 1850) While explaining the details of the Central Intclli-' Bence Act of 1949, former- Sen. Millard E. Tydings (D Md. 1927-51) said in a May 27, 1949, floor speech: "The bill relates entirely to matters external to the United States; it has nothing to do with internal America. It relates to the gathering of facts and information beyond the borders of the United States. It has no application to the domestic scene in any manner, shape or form." Committee investigations into tax-exempt founda- tions in 1964 produced an informal report issued by Rep. Wright Paiman (D Texas) labeling the Kaplan Fund as a conduit for CIA money. The fund described its purposes in its. charter as to "strengthen democracy at home." Tatman later agreed to drop the committee investigation saying, "No matter of interest to the subcommittee re- lating to the CIA existed." (Congress and the Nation Vol. I, p- 1780) In the spring of 1967, another example of domestic CIA programming emerged as it became known that the National Student Association was receiving -money from the CIA and that the agency had been involved in manip- ulating the leadership of the student organization. Laos. The most recent case study of Congress 'lacking knowledge about CIA activities has been in the series of revelations which came from the June 7 closed Senate session briefing on Laos requested by Symington. (Weekly Report p. 1709, 1660, 1268) Three times during the two-hour session, Symington, a member of the Armed Services subcommittee on C[A oversight, said that although he knew the CIA was con ducting operations in Laos, he did not know how exten- sive the program was. "Nobody knows," Symington said, "the amounts the CIA is spending while under orders from the executive branch to continue to supervise and direct this long and ravaging war (in Laos)." Minutes after Symington said that in all of his sub- committees-which included the Armed Services Intel- ligence Subcommittee under the chairmanship of John C. Stennis (D Miss.)---there was ":no real knowledge about what is going on in Laos." Stennis took the floor and said: /~ "The CIA has justified its budget to our subcommittee V and as always they have come with expenditures right in line with what they were authorized expressly to do....They (CIA) have told us from time to time about their activities in Laos." "It has been said that we all know about what the CIA is doing," Fulbright retorted. "1 have been on the CIA oversight committee and 1 have never seen any de- tailed figures (on Laos) whatever. Often the briefings are about how many missiles the Russians have. When we ask about specific operations, they say they are too secret; they can only report to the, National Security Council, which means to the President. There is a lot I did not know about, specifically in Laos." Stennis said that the secret report on CIA activity in Laos, compiled by Foreign Relations Committee staff members, contained some information he was not familiar with, information he had not been told in his capacity as chairman of the Armed Services Intelligence Opera- tions Subcommittee. "I think we all know," Stennis said, "that if we are going to have a CIA, and we have to have a CIA, we cannot run it as a quilting society or 'something like that. But their money is in the clear and their forthright- ness, I think, is in the clear." Sen. Miller criticized Symington for saying the Congress was appropriating money blindly: "We should not leave the impression that the Senate somehow or other has been helpless in this matter. We are all mature individuals and we know what we are. doing. We have appropriated a lot of money for the CIA. If we have done so, knowing the CIA is air executive privilege agency, I think we have done so with our eyes wide open. Maybe we should change that. That is something else. "But let us not say the Senate has been hoodwinked or leave the impression we have been mislead and have not known what is going on. I think we may have lacked information on the specifics, and the Senator (Symington) is pulling out information on specifics, but the Senators who voted on these appropriations for the CIA voted for them with our eyes wide open, knowing what we were doing. Maybe we should change it. It is something for .future debate.". "I would be the last to say he (Miller) had been hoodwinked," Symington commented, "or that any other member -of the Senate had been hoodwinked. But I have been hoodwinked, and I want the Senate to know this afternoon that that is the case." Approved For Release 2001/03/04: CIA-RDP80-01601 R000100260001-5 Approved-For Release 2001/DJ/,V l LC1 tDP80- Congress Tn r'ns' to the Congress,- In its continuing Vietnam-inspired effort to break the Executive's near mo.-.'poly of /lowers in foreign affairs, is now tackling the V Centr l i t lii cr a VX n e 0ence Agency. This is understand- able, and was to be expected, too. The agency's from doing secretly what the Congress has for- bidden it to do openly. Unquestionably they would restrict Executive flexibility, since the government would have to justify before a body not beholden to It the particular actions it wishes to take. The advantage to the Executive would be that the Congress would then have to share responsibility for the actions undertaken. Since these actions involve making war and ensuring the security of Americans, if not preserving their very lives, we cannot see how a serious legislature can evade attempts to bring them under proper control. Senator McGovern's proposal that all CIA ex, penditures and appropriations should appear in the budget as a single line item is another matter. Ile `argues that taxpayers could then decide whether they wanted to spend more or less on' powers are great-or so one suspects; no one representing the public is really In a position to know. Yet because it operates under virtually absolute secrecy, it does not receive even that incomplete measure of public scrutiny which the Defense and State Departments undergo. The proposals in Congress affecting the CIA fall into two categories. Those in the first category start from the premise that the CIA is essentially an operations agency and an ominous one, which Is beyond public control and which must somehow be restrained-for the good of American foreign policy and for the health of the American demo- cratic system alike. So Senator Case has introduced legislation to prevent CIA from financing a second country's military operations in a third country (e.g., Thais In -Laos) and to impose on the agency the same limitations on disposing of "surplus" military materiel as are already imposed on Defense. The thrust of these provisions is to stop the Executive Intelligence than, say, education. We wonder, though, whether a serious judgment on national priorities, or on CIA's value and its needs, can be based on knowing just its budget total. In that figure, critics might have`a blunt instrument for polemics but citizens would not have the fine Instrument required for analysis. In the House, -Congressman Badillo recently offered an amendment to confine the 'CIA to gathering and analyzing intelligence. This is the traditional rallying cry. of those who feel, either that the United States has no business running secret operations or that operational duties warp STATINTL intelligence production. The amendment, unen-, forceable anyway under existing conditions, lost 172 to 46, but floor debate on it did bring out a principal reason why concerned legislators despair of the status quo: Earlier this 'year House Armed Services chairman Hebert simply abolished the 10-man CIA oversight subcommittee and arrogated complete responsibility to himself. Congressman Badillo-is now seeking a way to reconstitute the subcommittee. This is a useful sequence to keep in mind when the agency's defenders claim, as they regularly do, that CIA already is adequately overseen by the Congress. Between these proposals and Senator Cooper's, however, lies a critical difference. Far from re- garding CIA as an ominous operational agency whose work must be checked, he re ards it as an essential and expert intelligence agency whose "conclusions, facts and analyses" ought to-be dis- tributed "fully and currently" to the germane committees of Congress as well as to the Executive Branch. He would amend the National Security Act to that end. His proposal is, in our view, the most interesting and far-reaching of the -lot. To Mr. Cooper, knowledge is not only power but responsibility. A former ambassador, he accepts- perhaps a bit too readily-that a large part of national security policy is formulated on the basis of information classified as secret. If the Congress is to fulfill its responsibilities in the conduct of foreign affairs, he says, then it must have available the same information on which the Executive acts -and not as a matter of discretion or chance but of right. Otherwise Congress will find itself again and again put off by an Executive saying, as was said, for instance, in the ABM fight, "if you only knew what we knew ..." Otherwise Congress will forever be 'running to catch up with Executive trains that have already. left the station. The Cooper. proposal obviously raises sharp questions of Executive privilege and of Executive prerogative in foreign polleymaking - to leave aside the issue of keeping classified. information secure. But they are questions which a responsible Congress cannot ignore. We trust the Cooper proposal will -become a vehicle for debating them in depth-and in public, too. Approved For Release 2001/03/04: CIA-RDP80-01601 R000100260001-5 1-!..; Za Qli.l+i, f Approved For Release 2Q0 31 :CIA-RDP80-016 v r.. i Q tt T1 3,12D .11 ~/F 11A fit:1J i'_'. ~,~rl~?(J By IRICIJAR1) DUDMAN Chief Washington Correspondent of the Post-Dispatch WASIIINGTONT, July 8 -- Sen- ator John S h e r in a n Cooper (Rep.), Kentucky, has obtained strong bipartisan backing for a proposal to require the Central Intelligence Agency to report to Congress as well as to the Ex- ecutive Branch. Cooper, a moderate opponent of the Vietnam War and of the antiballistic missile system, in- troduced his proposal yesterday as an amendment to the Nation- al Security Act of 1947, which created the Department of De- c e n s e, the National Security Council and the CIA. Senators S t u a r t Symington (D e m.), Missouri, J. William Fulbright (1-) e in.), Arkansas, and Jacob K. J a v its (Rep.), Now York; announced t h e i r support for the measure on the 'eoa10 finer. I'ulbri~;'rt spoke of holding hearings on the propos- al. Symington, chairman of a for- eign relations subcommittee on overseas commitments, told of difficulties he had had in ob- taining full information about s e c r e t U.S. military prepara- tions and operations abroad, in- cluding the clandestine warfare being conducted in Laos. Symington noted that he was a member of the Foreign Rela- tions, Armed Services and Joint Atomic Energy committees. He said that his best information had been obtained from the last of these, attributing that fact to a requirement in the Atomic Energy Act that the Atomic En- ergy Commission keen Cnii- gress'''fully and currently" in- formed. Cooper used that phrase in his proposed amendment on the IA. An aid said that Cooper Vhad found CIA information gen- orally reliable on such matters as Soviet military preparedness and the Indochina War but had noted that. it was rendered only J in response to tions. know about operations. specific ques-, U n d e r his amendment, the CIA whbld have to take the ini- tiative in sending Congress its analyses of problems of foreign policy and national security. The aid said that Cooper had been considcrin? such a mea- sure for several years. Be said the publication of the Pentagon papers had demonstratud once more the value of CIA reports a n d probably had broadened support in Congress for a re- quirement to make them availa- ble. In a Senate speech, Cooper proposed that the CIA be re- quired to make :r Cgu I arand fielding foreign troe:~s in Las .or elsewhere 1 ithout specific approval by Congress. ' Case said they were designed "to place some outside control on w h a t has been the free- wheeling operation of the Fxec- utive Branch in carrying on for- eign policy and even waging foreign wars." Meanwhile, the IJousc. reject- ed a proposal that the Adminis- tration be required to tell it; special reports to the. House. A r in e d Services and Foreign I; Affairs committees and. to the Senate Armed Servicesand Additional special reports could ~ John Shormen Coopa r be requested by the conunit- tees, what the military and CiA were Any member of Congress orl doing in Laos. designated member of his staffs By a vote of 261 to 118, mern- would have access to the infor- hers tabled -- and thus killed -- ination. All suck. persons would ?a resolution introduced by Rep- be subject. to security require- rescntative Paul N. McCloskey meat's such as those in the Ex- (Rep.), California, that would ecutive ),ranch. have ordered the Secretary of Cooper said tllat the best in- State to furnish the House with formation should be available the policy guidelines given to, to the Executive and Legisla- the U.S. ambassador in Laos. tive branches as a basis for na- The ambassador has responsi- tional decisions involving "vast bility for overseeing the clan- amounts of money, the deploy- destine military operations in ment of weapons whose purpose Laos aimed at assisting the roy- is to deter war yet can destroy al Laotian government in its all life on earth, the stationing struggle with the Pathet Lao. of American t r o o p s in other W i. I l i a m B. Macomber Jr., countries and their use in com- deputy under secretary of state, bat, and binding commitments c I a s ]u e d yesterday with Mc to foreign nations." Closkey over whether the De- Two other Senators offered partment of State. was directing proposals relating to the CIA. U.S. bombing attacks in Laos. George S. McGovern (Dem.), Macomber denied the allega- South Dakota, suggested that tion and suggested that if Mc- expenditures and appropriations Closkey wanted to pursue the for the intelligence agency ap- issue he ought to invite an East pear as a single line item in the Asia expert from the State Do- budget. Agency funds now are partment to testify. concealed in other items in the T h e exchange occurred as budget. Macomber testified b e f o r e aI Three bills were introduced house foreign affairs subcorn-ir by Senator C l i f f o r d P. Case mittee l on classification ways o f to Gimprove overnmende t (Rep.), New w Jersey, to limit c + covert use of funds and miii_ records by the State Depart-~i tary equipment by the CIA for rent. - -' -"Macomber said ]0 to 12: years' retention ought to be ad-I' equate to protect Government secrets whin' not h -i I n ; s Approved For Release 2001/03/04 :aC1A4RDP~81~4'tl STATINTL 00100260001-5 STATI N?T Approve - or a ease : ?IA-RDP80 1050) CONGRESSIONAL RECORD - SENAT - -- -- - would per local agencies, as the Farm Credit system now ters relating to foreign policy and na- Foreign Affairs, of the House of Representa- tional security by providing -it with in- tives and the Committees on Armed Services erates o . p Another agency, the Rural Development telligence information obtained by the And Foreign Relations of the Senate regar -TATINTL Investment Equalization Administration, ing intelligence information collected by t Central Intelligence. Agency and with Agency concerning the relations of the United i r s p would handle the subsidy end of h o analysis of such information by such posal.'It would be handled separately to avoid States to foreign countries and matters of problems of getting loan and grant money agency. Referred jointly to the Commit- national security including full and current mixed into the same financial pot. tees on Armed Services and Foreign Re- analysis by the Agency of such Information, it has been alleged by those who claim that lations, by unanimous consent. "(h) Any intelligence information and any industry will not move to rural America that Mr. COOPER. Mr. President, the for- analysis thereof made available to any com- it costs more money to operate away from the mulation of sound foreign policy and na- ml.ttee of the Congress pursuant to subsection that the (g) of this section shall be made available the and as a result t i o , ers, n cen res populati tional security policy requ chance for a major dispersal of. Industry is by such conunittee, in accordance with, such best and ilhost accurate intelligence ob- rules as such committee may establish, to _-The sponsors of the Consolidated Farm and Rural Development Act do not necessarily agree with.this conclusion, but a number of states have proved that' investment incen- tives do draw industries. Rather than provide under-the-table or backdoor subsidies, this legislation would make open subsidies available, but only un- der stringent and controlled circumstances, .and this would be done on a national basis rather than the state-by-state effort now go- ing on. It must be stressed that these would not be relief payments to fifcally healthy industries, but they would be incentives to American industry to disperse. , There would be two kinds of subsidies: 1. Interest supplements: If a firm cannot pay his interest out of local earnings without dipping into Its capital, the company can be given an Interest supplement by the. Rural Development Investment Equalization Ad- ministration. The- payment could not bring 'the firm's Interest level lower than one-per- cent. 2. Rural Development Capital Augmenta- tion Payments: If a community wanted to build a sewer system, a calculation would be made of how much such a system would cost, and then it would be determined how much the people in the community could reason- ably be expected to pay for it. The difference between these two figures would be the Rural Development Capital Augmentation payment. The same formula could be used for develop- ment of new industry, but again it must be stressed that this procedure would be under strict controls so that this money would not be used for fly-by-night or doomed-to-fall businesses, THE REORGANIZATION Under this bill farm and non-farm credit would come under a new Assistant Secretary of Agriculture. Under him, in two separate agencies, would be the Farm Development Administration, which now handles all farm credits (under the title Farmers Home Ad- ministration) and the Rural Enterprise and Community Development Administration, which would handle all non-farm rural .credit. The new assistant secretary would be as- signed to no other duties than to oversee all rural credit. At present, the assistant secretary handling this task, must also super- vise a wide range of other activities. The 19 members of the Rural Development Credit Board would have five members ap- pointed by the President of the United States; five nominated by the President Pro tempore of the Senate; 4nd five nominated after consideration of the recommendations of. the Speaker of the House. ? The Secretary of Agriculture would appoint the same, person who is his representative to the Farm Credit Board. The governor of the Farm Credit Administration would be another member of the board, The Execu- tive Director of the Rural Development Credit Agency, and the Rural Development Investment Equalization Administration would sit on the board as ex-officio members. COOPER: By Mr ~ . r S. S. 2224. A bill# th~112 + 4~} 01" Milk Security Act of l R ~ilie 'kCe13' I p~ a,rr tamable be provided to the legislative as any member of the Congress who requests well as the executive branch of our Gov-' such information and analysis. Such. informa- ernment. The approval by the Congress tion and analysis shall also be made available of foreign policy and national security by any such committee, in accordance with policy, which are bound together, whose such rules as such committee may estab- support involves vast amounts-of money, 11sh, to any officer or employee of the House of the deployment of. weapons whose pur- Representatives or the Senate who has been pose is to deter war, yet can destroy all (1) designated by a Member of Congress to have access to such information and analysts, life on earth, the stationing of American and (2) determined by the committee con- troops in other countries and their use cerned to have the necessary security clear- in combat, and binding commitments to ante for such access." foreign nations, should only be given The bill would, as a matter of law, make upon the best information available to available to the Congress, through its both the executive and legislative appropriate committees, the same intel- Intel- 1?*. ligence, conclusions, facts, and analyses There es has been much debate during There the past several years concerning the re- that are now available to the executive spective powers of the Congress and the branch. At the present time, the intel- Executive in the formulation of foreign ' ligence information and analyses devel- policy and national security policy and oiled by the CIA and other intelligence the authority to commit our Arinecl agencies of the Government are avail- Forces to war. We have experienced, un- able only to the executive as a matter fortunately, confrontation between the of law. This bill would not, in any way, two branches of our Government. It is affect the activities of the CIA, its sources my belief that if both branches, execu- or methods, nor would it diminish in any tive and legislative, have access to the respect the authority of already existing same intelligence necessary for such committees and oversight groups, which fateful decisions, the working relation- supervise the intelligence collection ac- ship between the Executive and the tivities of the Government. :`.My bill is Congress would be, on the whole, more concerned only with the end result-the harmonious and more conducive to the facts and analyses of facts. It would, of national interest. It would assure a course, In no way inhibit the use by the common understanding of- the. purposes Congress of analyses and information and merits of policies. It is of the great- from sources outside the Government. It est importance to the sup port and trust is obvious that with the addition of Intel- of the people. It is of the greatest im- ligence facts and their analyses, the Con- portance to the maintenance of our sys- gress would be in a much better position tern of government, with its separate to make judgments from a much more branches, held so tenuously together by informed and broader perspective than trust and reason. is now possible. It is reasonable, I submit, to contend The National Security Act of 1947 that the Congress, which must make its marked a major reorganization of the decisions upon foreign and security pol- executive branch." This reorganization icy, which is called upon to commit the made it possible for the executive branch resources of the Nation, material and hu- to assume more effectively the responsi- man, should have all the information bilitiet of the United States in world af- and intelligence available to discharge fait's and the maintenance of our own properly and morally its' responsibilities national security. The National Security to our Government and the people. Act of 1947 created the Department of I send to the table a bill amending the Defense and the unified services as we National Security Act of 1947, which, I now know them. hope, would make it possible for the leg- Section 102 of the National Security Act of 1947, established the Central Ir- it s islative branch to better carry out telligence Agency under a Director and responsibilities. I read the amendment at this point:. Deputy Director, appointed by the Presi- To amend the National Security Act of dent, by and with the advice and consent 1947, as amended, to keep the Congress better of the Senate. Under the direction of the informed on matters relating to foreign National Security Council, it was di- policy and national security by providing.1t rected to advise the National' Security with Intelligence Information obtained by the Council on matters relating to national Central Intelligence Agency and with analy- security and "to correlate and evaluate sis of such information by tuch agency. intelligence relating to national security, That section 192 of the National Security and provide for the appropriate dissemi- Act of 1947, as amended (50 U.S.C. 403), is nation of such intelligence within the amended by adding at the end thereof the Government using where appropriate following new subsections: existing agencies and facilities." "(g) It shall also be the duty of the Agency to inform fully and currently, by means of The language does not specifically bar 41 IdbbiQ 11 that 41 o5TATINTL Approved For Release 2q01'/03/Qj - -Jur By Carroll'Kilpatrick and Richard L. Lyons Wash Ing Lon Post Staff Wr I Lei's President Nj%oli announced back froin'the Rand Corp. __ c a r- "For that reason tho Pre.0- dent feels It 1q only fair to Congress and to persson.,4 nien- tioned in the docuinciAr, that tile full report b'j inado availfl- ble. "Since ilia documents relate primarily to the Johnson wid Kennedy periods, President Nixon pollited out that li- Is not III a position tovouch.for their accuracy or complete- lishcd portions of the Pontz_ gon papers ioahos such 11 study "imperative" to prescrve public trust ill the Candor alld competency Of O"Ir Officials." Goldbero, Was the 10., adoff witness at a series of hca,111, by tile house subcoinraittec oil foreign operations and f-;overn- inent I n I o r Ill p, t i o n Into whether tjie need of the public . yesterday that lie will. lwake Her in the Nvock. No 1~pcclfic I I ess - " mid Congress to obtain infor- z -tvp very to ill,,- 131i Ziegl6r raid that the top se- ,flablo. to the Ilonse and dato for deli L . 11 cret classification V"Ill. be coll- watioll from tho executive Senate the secret Pentagon h2d b0011 set ]as" night, T House 1111eq, 1111 thrued oil tho docurnents ancl brmich Is bc-Ing thwartcd. study oil America]] involve- T-T 11 (10 alla -incirt in Vietnam. and t Ic spe~ beirs may read tile papers be-1 that they Will be inade av, - Goldberg also propored that ,rc,~v, paq~s legislatioll de- cial study oil tile. Tonkin Gulf C-11so once R doculnent ll.~lsl ble to Congresq on that basis. COllj incident. T h. o , documents been received by a comillittee President Nixon reiterated filling sort of docninclits . would not be made. public. it becomes the property of the~ to"Sell. TVIRlIsfield that Ill's pri- could ],.a classified as secret by Ilousc and Senate leaders House plIcl Open to [til, Inclil- iriary contililli1q, concern has the adillillistration and thus promptly beffan arrangements bOrs. becli to Protect tb'-~ secrecy Of kept froin public view. I-10 concede(! there -ivlls need to receive tile documents and ~ SPeaker Carl Albert (D- governinent docuinenti the Senate reicljc~j tentative Okla.) indicated, j-jo%ycN,,er, jh,,j.t cases where disclosure could to preserve mttjoiiatl security members in iarm the national security or secrets, but he said tile excei'l- agreement to conduct a full- While ay read to ! pair negotiations with other tive branch should not )_,~! per- scale public investigation int.o their . b cart's content th,_,Y.~lm tile documents and related Ina. not bz~ allowed to copy or take I- IlatiOlls," tllQ secretal'y 1111tic(l to Ilse, tile classifjeation notcs oil the documents, said. stamp to hide mistake& vnd sol),Mc Foreigii Relations . After- ilia Whito House an- I Pentacron spolre.qinan Jorry 0 nI ba Ura S s- -d i'llit, ilient. Ali Independent reviev.- 41 ~ I %V. Friedheim exPlailic STATIN, Conlillittee Clialfinall 0. A~. nounceinen . iz - -P~ I Rs v. rule of thumb, it I.s, as- ])card should, bc set up docide, FUlbri'llt (D-Ark.) said a, pro.1 the papcrr~ would ba Sent to med that once a person is NvIlether docurnentz have bec posal j)y Senate D,.IjjOq-atic1 C o I I gr e ss, Secretary La j. r d 811 Leader -~ I i k c, t to the Capitol to work elected to Corluess ho Or she properly classificd, lie ~-Iid. Alansfield, V-1011 ('Mont) for' a spceia" res for stor- has R top-secret clearance. Goldberg said it would, ham hlv~.Stil,a- out securiLy MeZASU tion by eight irlenibei Ili,, handling and protecting The White House vii-nounced bcen far botter for everyollo if -s of ]!-or- th" Tuesday that Vic President On ilia c.%ccufivo branch had sub.11 doctirnelits. cl,pi Relations and cight inel"ll-i jqjite Ijollso press scerelary jan. 15, 1971, had Ordered a re- rnitted the Pcnt~con pp.pers, I IM . I , I , A ~11, 't , t : I I . " bers of thc Arined Services Committee Avas tentatively ap- proved. Before ill(-, full-scale public ~Iirvcstl,,Yation is hold in tile fall, l0lllbriOlt said, bis Com- .mittee will sock $250,000 for a closed-door invosti.,,ation of its own into SoutlieasL Asia pol- ley. Tile study would be valu- able pr,,paration for tile pjlj)jjC 4nvcstigation, F ulbright said. i~ The secret documents sent ,to the Senate will be depos- ited ni ill(,. offlc,,~ or the secre- Itary, of the Senate, Fulbr!L~ht' said. 1A oy will bo rivallablo to Foreign Pelailolis col~jl;-Lllttee Ineinbers And to Mtff. Other senators '-are expected to b3 Pl- loviod to Soo thi Papers ]atter. -In the House, Rep. F. Ed- Nvard yleb,~rt 611airman of flie Arilled Services Corn- Mittee, f;aid V, rpeclal Office . Would be 111,100 1;cCIIrO to or o , 0 Ronald L. Zicocr taid that view 0 pI Oce ~, , - I P immis tecur ~ im 10r. Nixon mado his deci~;ion relating to ilia classification of Congress When it wts pro- regarding the docunlolltq ovor (locuments, pared. Ile said It madc, no the weekend ill Key Biscayne, Alansfield told rcljorters sonsc to him that even thou,gh Fla., am? coinniunicated it to after the breakfaSt inectilig much of the contents of the Mansfield at a breakfast nicet. that the President has long papers lindbeen publiFliedby the Over ing yesterday. been concerned by _-wspqpers, C o I I g r c slill The President eniphrisized classification 11 f papers and could not get copies of the 1:0- inks there is too much Claq- port. to Mansfield that the dee, 1 th ificatioll even in Ills adininis- A few ininutes, later, ]top. Moll to offer tile documents to s tration. Ogden . Reld (R-N.Y.) tile, Congress does not repro- , lishor Pleased noullecd ihat President Nixon sent any change of policy but I ub was sending both tile Houso merely reflect.,, the special '111 . New York, TilneS pub. and Sellato.%, copy of thL 47- circumstances created by te lisher A3.'tllur Ochs Sulzber~cr recent unauthorized volume. Pentagon study. discio- said that lie Was "pleased" I"cid and Rep, John R Moss rurcs," Ziegler sz%M, rwitil the ).-,resident's actioll to (D-Calif.), former chairman of Members of Congress had give the papors to Congress. the suicortimittee, filed sult Ili asked for the. 4.7-voluine Penta- "The irext step should be to U.S. District Court here yes- gon. study and 'or the 1965 yelep j lse the docunionts to the terday niorning nsking that special Pentagon report on tile Anierica.u. people," Sulzberger Secretary of Defense Melvin Gulf of Tonkin incident. said. R. Laird be ordered to give The latter involved ilia 196-4 Ilublishor M.arshall Field of them copies of the papers 'or attack by North Vietnanlose the Cb1cago Sun-Thrles said lie their use, They said they We're torpedo boats on an American felt his paPc'r "morallyl entitled to Ilic! papers unclor destroyer and led to tile Con-, justified in showing tile Peo-; tile Freedom of Information gressiolial resolution whiclil ple N,;hei,e An arm of the 90v-i Act of 1~,H, of which thl~ IwO President Johnson maint,'i"Cd ernniont may have stepped be. were "rilicinal sl-)On-~Ols No houso the papers. He raid lie e , mpmvered him to take offen. yorid the bounds of our Consti. sive, action against North Viot- court actiin ivas taken oil the, %volild 11of nonvilt 1110. nnnf,rg I I in tlon." cnlif initil tile Department of Dc-~"%`Prcsldo.nt Nixon told Sen. fenso pronounces tho sc . cure. office Mansfield that tile unalithor- ized pnblication c1portionsof 'I Nvant thoin to tell I'S it's the docurnents created a situa. Mlcilre," Hobert said. "I don't tion in which Congress would .want any rnonheyshincs." nceessarily bo inaking judg- `Ylie two sets of documents InentS in the, ineariti i'lle..911 lbo: the tlight sets 'tne PeIItR_'1'oIIjcou1d give a distorted InApres- has, two of which wore pulled.1 sion of the reports' contents," Court justice and Secretary of the President's action in send- I, ab 0 r . , proposed that a sp(~cial ing Congress two copies, be- joint con,,rcssioiial cor"IMILL00 cause they wwit full access to conduct all investig"'ition of them. "Lhc~ causes and conduct" of lot ~"t I osq b O'n dR rf 4010.17M'~Ti5 'Clecision the c\eclitive brAlich AIIJ t~'at tile papers inev,tpapers that.have, vul)- forred to the, Ilouse Arined! Approved For Release 2001 t : c -RDP80-01601 The Supreme Court refust,d a full hearing, which would ycsterday to review a lower have amounted to a ru-c-arni- court's decision that imr0U-nation of Supreme Court de ni7ed a Central Ir.telii ence cisions doting back to 'st'sD Agency operative from a law-establishing broad libel and Stitt for slander utiared "in slander i-Immunity for key %ov- the lineof duty", crnnielit o ficials in the inte" j'"1Ii?.n-,I e). T oug ^ and F'_ mental information. ~ 1 o` ~t c the. co rt l ft sh :id- tewart , in, the dismissal of a slandeer~ suit broulit by f'cri'k Koine,', an Estonian cnii;-re, against Juri Mats, the CIA anent who said his utterances were made under orders. Raus, employed as a feral high ay en in^ar, acc!acd Ileine, a lecturer on the evils OE comir.U.*lism, of being a So- viet Z!de'nt. She accusation;ves designed es .^. v:arning to tit: Estonian e:Iiigre community in the United Stat s that their ranks had been luilitrated, ac-. i ; to ITC cord in-n, who 'e as supp,ortvd in iov er courts by CIA Director I iclii:I a Helms. The CIA's immunity defense raised controversy , over the i a,cncy's proper domestic role five years ago when it was dis- covered infiltrating the I a- tional Student Association. Federal law prohibits "do- rncdtic security functions" E,- ,-the CiA,'but the fed-eral cii3- tric?t co ;rt ! ILoi urore and the Foueih U.S. VCircuit Court of App.al.s card I'iaus's actions were legitimate measures to protect the secrecy or Amerl- ca's foreign intelligence sources. Four votes were needed for STATINTL Approved For Release 2001/03/04: CIA-RDP80-01601 R000100260001-5 Approved For Releaseli'E 'I i,11?J.q ~ ''F..I llk& 0-01601 1 no !?t!=, 7 ,. J 7Z f`' ird line f+f ~~ j~tl' r' ve- BY J0II\ It. WALLACII News American tallow the U. S. government, WASIIINGTO,\ - F o r m e r; American staffers of Radio Free' Congressional sources stress Europe (RFF,) are prepared tot that funding the corporation would testify in Congress that they had. not involve any new rnous since to sign. an oath refusing to divulge! the government already is footing multinliliion dollar Central In-' the bill. It would altov transfer- teliigence Agency. (CIA) bank-1 ring the $33 million annual subssdy rolling of RFE on penalty of a! from secret CIA coffers to the maximum $10,000 fine and 10-year) open, congressional appropriation, prison sentence. ((process. This and_ other di i:,losures, 1'? E A I)'?1 i.MS1 "::% " Case . cautioned today, coti'cl` Iious.^_ has order d it take seriously embarrass the Nixon! place in the supersecret "Forty l administration if it decides.to take !C^.r:iuiittee,"' eiso knov:n rtance tile. entire RYE' budget. . Europe. In an attempt to force RYE and Case's bill, which proposed! Moaerv bearr.ing Radio Liberty amending the Information and' (Iti,) to quit the pretense of actin- Education Act to provide funds for as "private" organisations relying) has attracted bipartisan solely on voluntary contribut'ons, support from several sonator Case introduced legislation in- including. Ilarold IHuglies, D-Iowa, February,to have both pr;;{+_ -an-I Jacob K. Javits, 1.-N. Y. and J. da agencies funded through direct, William Fulbri hk, I)-Ark.. ackno.nledged congressional ap-I ,,?,,,, ,,,.,,,,,,.-, , ..,.,..- L I tion to call to testify leading ad- ministration officials reportedly including Secretary of State William P. Rogers, Secretary of Defense Melvin Laird and CIA Director Richard Helms, foreign policy. { CASE) WAS understood to be ready to call former RFE staffers to testify that the CIA regularly assigned agents to tv.o-year tors of duty at .RYE headquarters in Munich and -that t'n v emus- dirvlges the ihtortnatlon the be- comes liable 'for the maximum 1-?un'>hment under Section 7a3 (I)), This section proaecribes penal. tics up "m $10,0!:0 and 10 years in ' prison, fo 'the '.'communication Qf classified information' by govern- ment officer or employee." amining a series'of options runs- queraded as acredited 'trews tor- ~l ling from fighting to- maintain tine ` r e s p o n d e n t s on information- status quo, which could turn the I g, i _ lj arbor n; missfor s all over hearings into a arade f di p o s E E asternurope. closures about the extent of CIA Otltcr Arne rleatt Erlinlpyc' s'acre .involve Mort, ' to congressional later re I" A t i . g n a in much the s me nian-. o s funding, nee as the Voice of America `paper making titent privy to ll:?e IIVOA) is financed. CIA connection, source; close t;~ Cxse disclosed. The most workable compromise , ~hhe.40CUr:1_nt, they said, infar- now aypears to be smiting up a med the Americans that Rt I: was U 10 r F STATINTL U ro oc t' tit A~ ~.... pi ..-pir?.,,.,O~ 1, ; fF.~..l~~e~ ~ ~' iqqw Tire corA-RDP80-0 1601 R000100260001-5 b C bldt Iyongressut wou reain a tinily" irifornud and that if he sem>-private character that v:ould