CONGRESSIONAL OVERSIGHT A JOINT COMMITTEE ON INTELLIGENCE
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CONGRESSIONAL OVERSIGHT
A JOINT COMMITTEE ON IN`I`F'L~LIGE\TCE
A. Objective
1. Reverse trend of proliferation of sensitive
operational information.
2. Assure public of effective oversight.
1. Parallel Executive Branch structure
2. Intelligence community via DCI
3. CIA
II. Congressional Oversight - DCI/CIA
1. Statutory Basis
a. National Security Act of 1947
b. CIA Act of 1949
c. Security for intelligence activities
2. Oversight Responsibilities
a. General legislation
b. Appropriations
c. Economy and efficiency
3. Committees
a. Legislative and General Oversight
1. Armed Services
2. Appropriations
3. Historical Note - Government Operations
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b.
Others
1.
Government Operations Committees,
particularly Legislative and National
Security Subcommittees.
2.
Senate Foreign Relations
a. Oversight of all activities
abroad via Ambassador /State.
b. Covert actions reporting,
3.
International Relations Committee,
Subcommittee on Oversight.
a. Special oversight of intelligence
activities relating to foreign policy.
b. Covert action reporting.
c. Summary.
1. Access to sensitive intelligence information
expanded dramatically, 93rd to 94th Congresses,
2. With Select Committees, 1.0 committees are
laying claim to oversight of all or part
of CIA activities.
3. Members have access to all committee
records under House Rule XI Z(e)(2).
B.
Chronological Developments
1.
Benign Period - Early 1950's.
2.
Late 1950's.
a. Sen. Mansfield's initiative for Joint
Committee
b. Sputnik Era - interest - Soviet threat
3.
Early 1960's.
a. Increased substantive intelligence interest.
1. "Missile Gap"
2. Cuban Missile Crisis
b. Continued Pressure to Increase Oversight
1. U-2 flight of Gary Powers
2. Bay of Pigs
3. Sen. Russell consolidates CIA Armed
Services and Appropriations hearings.
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4. Late 1960's.
a. Joint Committee bill. defeated.
b. Funding of National Student Association
exposure.
c. ABM debate.
cl. Bill to circumscribe executive action through.
CIA.
5. 1970's.
a. Oversight committees fading in strength. -
b. House oversight reinvigorated by appointment
of Lucien Nedzi as Chairman of Intelligence
Subcommittee.
c. Oversight committees keeping more detailed
records.
d. Increased use of substantive intelligence product
within Congress.
C. Current Congressional Procedures.
1. Operational/Agency Matters.
a. Limit to Armed Services and Appropriations
subcommittees.
b. Covert action (P. L. 93-559) report to
foreign relations committees.
2. Substantive Intelligence.
a. Any committee within their jurisdiction.
b. Sanitize transcripts.
3. Legislation.
a. Armed Services for amendments to 1947 and
1949 Acts.
b. General Legislation impinging upon DCI/C1A-
authorities/responsibilities requires
cooperation of other committees.
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D. Options for Increased Security.
(Sine qua non -- protect supporting sources and methods)
Committees not maintain records of sensitive
information:
a. Criticism of committees.
b. Help committees distance selves
from responsibilities.
2. Change House Rules to Limit Access to Sensitive
Operational Information.
3. Continue present course and assume sensitive material
will be handled with wisdom and restraint.
4. Joint Committee on Intelligence.
a. Rules to deny access to sensitive information
beyond committee membership,
b. Incorporate into Joint Committee resolution
Intelligence Sources and Methods legislation.
III. Pros and Cons of a Joint Committee on Intelligence.
1. Reverse trend towards proliferation.
2. Consolidate :into one committee all oversight
except for Appropriations
a. Improve the exercise of legislative leadership
b. Improve credibility of oversight
c. Source of credible spokesmen to defend Agency.
d. Opportunity for frequent, in depth briefing.
e. Elimination of redundant briefing
f. Full-time professional staff to assist both
committees and intelligence community.
3. Opportunity to limit access to sensitive intelligence
information to membership of committee by rule change.
4. Opportunity to enact as part of the resolution more
effective deterrents against the disclosure of sensitive
intelligence sources and methods information.
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5. Provide a strong base within Congress to
withstand accommodations on sensitive matters
6. Satisfy a number of present critics who believe
oversight is ineffectual and silence their
criticism at. least on this issue.
7. Those who have been in the forefront of defending
the Agency are nearing the end of their service
and replacements in the present structure of
oversight are unlikely to wield equivalent power.
1. May not necessarily resolve jurisdictional battles,
special overview authority.
2. Present committee leadership could react: negatively
to the proposal.
3. Improved chances for encroachment upon
executive responsibilities, intrusion into policy
areas and doctrine of spearation of powers.
4. Create Board of Directors which may curtail
executive initiatives and creativeness.
5. Yull-tune professional staff with possible attendant
problems of interference with management.
6. Some sentiment within Congress against joint
Committees in principle as violating the bicameral
legislature under the Constitution.
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WORKING PAPER
ON
A JOINT COMMITTEE ON INTELLIGENCE
sjyl".a'`
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C-ONGRESSIONAL OVERSIGHT
A JOINT COMMITTEE ON INTELLIGENCE
(Premise. The two-fold objective is to end proliferation of sensitive
information and to assure the public that oversight is effective. This
may be accomplished by vesting oversight exclusively in one committee.
,However, exclusive oversight of an intelligence community composed
disparately of all or parts of eight different departments and agencies is
not susceptible to efficient and effective accomplishment without a .
corresponding reorganization in the . _-ecutive Branch--an unlikely and
undesirable development. Therefore, any exclusive legislative charter
should be compatible with the existing structure in the Executive Branch
and would involve the intelligence community, through the Director of
Central Intelligence, and the Central Intelligence Agency. This paper'
is grounded on this premise. )
CONGRESSIONAL OVERSIGHT - DCI - CIA
A. GENERAL
1. Statutory Basis
The Office of the DCI, the CIA and its functions were
established in the National Security Act of 1947. Another important
aspect of that legislation is the statutory direction to the DCI
to protect intelligence sources and methods from unauthorized
disclosure. The Central Intelligence Agency Act of 1949
provided for the general administration. of the Agency.
The premise of this Act was to provide enabling authority
in a secure framework. It permits CIA appropriations to be
handled securely and denies foreign access, through public
disclosure, to the organization, its functions, and the names
of its personnel.
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4W Oft
2. Oversight Responsibilities.
(a) General legislative: review and study on a
continuing basis, the application, administration, execution
and effectiveness of those laws, or parts of laws, the
subject matter of which is within the jurisdiction of that
committee, including the desirability of enacting new or
additional legislation.
(b) Appro riations: study and examine the
organization and operation of departments or agencies
to assist in deterrninati.o'n of other matters within its
jurisdiction.
(c) Government Operations: study the operations
of Government administration at all levels with a view
to determining its economy and efficiency.
3. Committees Involved. The Armed Services Committees
(on the basis of jurisdiction over the legislation) and the Appropriations
Committees (to approve funds) exercise general oversight.
(a) Historical Notes - House.
(1) The Committee on Expenditures in the
Fa,xecutive Departments (now the Committee on
Government Operations) considered and reported
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the National Security Act of 1947 but the 1-louse
Armed Services Committee gained permanent
jurisdiction with the implementation of the
Legislative Reorganization Act of 1946.
(2) Senate. The corresponding Committee
on Expenditures challenge to the referral of the
National Security Act of 1947 to the Armed Services
Committee-was defeated when the Senate upheld. the
ruling of the President pro teen.
(b) Government bperations Committees, particularly
on the House side, have from time to time insisted upon
a right of congressional oversight of the economy and
efficiency with which the Agency conducts its activities.
Up to now the issue has not been joined, essentially as
a result of voluntary cooperation with various investigations or
understandings reached with the oversight committees. However,
the establishment in the 94th Congress of a subcommittee on
Legislation and National Security, headed by Chairman. Jack
Brooks (D. who also is Chairman of the full. committee
is believed. to he a. step towards exertion of partial jurisdiction
over intelligence activities.
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(c) Senate Foreign Relations Committee, over
recent years has pressed to extend its jurisdiction over
intelligence activities, 'including through efforts to
establish that those entities within their oversight
(i. e. , State and ambassadors) have overall authority
abroad and thus over CIA, and to include broad limitations
on funding of programs principally administered by CIA.
(d) House International Relations Committee, as a
result of House Rule changes during the 93rd Congress, has
established a Subcommittee on Oversight to exercise special
oversight of "intelligence activities relating to foreign policy."
The legislative history of this special oversight argues against
legislative oversight, but one bill has already been.
jointly referred to the committee.
(e) Covert Action - New Section 662 of the Foreign
Assistance Act of 1961, as amended by P. L. 93-5159, Section 32,
specifies that the Committee on Foreign Relations and Committee
on Foreign Affairs (now International Relations) in addition to
other "appropriate committees of the Congress" receive reports
on the description and scope of each covert action as a pre-
requisite for the expenditure of funds therefor, and such
reports have been and will be made. (The -reporting must be
preceded by a Presidential determination that the operations
are important to national security. )
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Summary.
The changes already effected for the 94th Congress have expanded
the actual and theoretical access to sensitive Agency information dramatically.
In addition to the above eight committees which have a basis for exercising
some oversight, a number of additional committees can enact general
legislation which impinges upon the specific statutory authority and
responsibility of the Central Intelligence Agency and the Director of
Central Intelligence. As contrasted with the 93rd Congress, the 94th
Congress has doubled from 2 to 4 the committees with oversight
responsibilities and from 12 to 38 the members having access to sehsitive
information, not counting the House Select Committee on Intelligence.
Finally, in the House, as a result of House Rule XI 2.(e)(2), every
member of the House is entitled to access to all committee records.
B. CHRONOLOGICAL DEVELOPMENTS
1. 1947 through early 1950's - Oversight was benign.
(a) Controlled by strongly entrenched congressional
leadership and senior chairmen,
(b) Cold war psychology- -rank and file not
predisposed to interference.
(c) On the appropriation side, the basic
concern was--do you have enough money?
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2. Late 1950's
(a) Record of infrequent briefings of oversight committees
leads to Senator Mansfield's initiative for Joint Committee
(defeated in 1956 by vote of 59 to 27, with 12 original sponsors
opposing the resolution).
(b) Sputnik era triggered wider congressional interest in
Agency information on the Soviet threat. Agency initiated.
program of debriefing members of Congress who had travelled
abroad, inviting them to visit Agency facilities and on occasion
field installations.
3. Early 1960's
(a) The Agency furnished intelligence briefings to a
number of committees including the Joint Committee on Atomic
Energy on the Soviet nuclear energy program, and general intelligent:
briefings to House Foreign Affairs and the Senate Foreign Relations
Committee, Soviet space program briefings to the House Science
and Astronautics Committee and Senate Aeronautical and Space
Sciences Committee, and Soviet military posture briefings
to the full Armed Services Committees and the Defense Subcommittee
of House Appropriations.
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(b) Pressure continued to grow for a Joint Intelligence
Committee which spurred the CIA Subcommittee of House
Armed Services to examine Agency activities more intensively.
(c) Chairman Vinson appointed. Representative Paul J.
Kilday as Chairman of the CIA Subcommittee of House .Arined
Services with the mandate to give CIA. in-ore attention.
(d) The "Soviet Missile Gap" argument in the 1960
Presidential election spurred further interest in the Agency's
intelligence product.
(e) The U-2 flight of Gary Powers over the Soviet:
Union and the Bay of Pigs invasion heightened congressional
debate and the Cuban missile crisis of 1962 refocused attention
on the Agency's capabilities.
(f) Reflecting Senator Russell's growing. responsibilities
for appropriations matters, sessions of the CIA Subcommittee
of Senate Armed Services and Senate Appropriations were
held in joint session. Even so by 1965 Agency briefings of
these Subcommittees rose to 34 as contrasted with 9 the previous
year.
4. Late 1960's
(a) In 1966, the Foreign Relations Committee reported
a resolution to establish a Joint Committee on Intelligence which
was defeated by 61-29 on jurisdictional grounds, with. Senator
Russell leading the opposition.
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(b) In 1967 the Agency undertook a programmed effort
to contact and brief all new members of Congress on the
Agency.
(c) 1967 was also the year of exposure of Agency
funding of the National Student Association.
(d) In 1969 the Agency's intelligence product came to the
front again on the ABM system leading to a closed session of
the Senate to discuss the classified aspects of the subject
including data provided by the Agency.
(e) Increasing nurnbers of legislative initiatives are being
proposed in an effort to circumscribe executive action through CIA
principally in Southeast Asia.
5. 1970's
(a) The congressional structure which shielded the
Agency from intrusion or attack by the rank and file membership
for a quarter of a century is in a state of flux. The Russells,
Hayden --'and the Vinsons and Rivers -a-re gone: - McClellan`
is 79, Mahon is 74, and Stennis is 74. Many down the seniority lists
have become suspicious or jealous over the secretive manner in
which the oversight responsibilities have been exercised and
their ranks have been greatly reinforced as a result of newly
elected younger members. Many feel Agency information and
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Agency activities should be more broadly accessible to the
Legislative Branch.
(b) In 1971, as a result of the limitation by the
Democratic Caucus on subcommittee chairmanships
Representative Lucien N. Nedzi (D. , Mich. ) was appointed
Chairman of a rejuvenated Intelligence Subcommittee of House
Armed Services Committee. Nedzi has proved to be an invaluable
ally in dealing with problems in the I-louse because of his
diligence, thoroughness, objectivity, and skepticism:
(c) In an analogous reaction to the changed political
atmosphere in the Senate, both Chairmen Stennis and McClellan
have changed earlier practices. Thus both now regularly fake
transcripts. As necessary, senators are being invited to
attend and participate in a Subcommittee session. Senator
McClellan has offered any senator the specifics of CIA's budget
on a classified basis.
(d) Many members while sharply critical of foreign.
and defense policy appear to have a high regard for the Agency's
intelligence product, fearful only that the Agency's capabilities
in the covert action field may be misused by an Administration.
They are anxious to. have a closer relationship with the Agency
and thus more influence on its activities. Others are highly
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anxious to avoid battle on issues such as the
Agency's covert action authorities.
C. CURRENT CONGRESSIONAL PROCEDURES
1. Operational/Agency Matters - Under existing guidelines so
'far supported by the chairmen of the oversight committees, Agency
operational activities are reported. solely to the four oversight committees,
(ongoing covert actions pursuant to P. L. 93-559 must also be reported
to the foreign relations committees). No matters are held secret from
the oversight committees and there is a responsibility to volunteer to
them matters of possible interest. Security precautions in formal sessions
with these committees include:
(a) Only selected staff members of the subcommittee
(no personal staff of members) are permitted to attend.
(b) Each hearing is preceded by a technical sweep
for audio-surveillance devices and technical monitoring
is maintained throughout the briefing.
(c) When transcripts are taken, only a reporter with
Top Secret clearance is used and the Agency maintains control
over the shorthand notes. The transcripts are placed under
controls agreed to by the Committees and the Agency.
(d) Except for the incident involving Mr. Harrington,
under House Rule XI, and the revelation on 17 April by a new
member of the expanded oversight committee of Mouse Approl riations
the membership of the Agency's four oversight committees ha re had.
an outstanding record over the past quarter of a century in prc tecting
sensitive Agency information.
1.0
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2. Substantive Intelligence.
(a.) Where appropriate, although infrequently, CIA.
appears in open session or releases testimony given in
executive session when it is neither classified nor
revealing of intelligence sources and methods.
(b) Substantive intelligence data and assessments
are provided to a variety of committees. The most
sensitive sources may be used as the basis for such
testimony but neither they nor Agency operations are revealed
or discussed.
3. Le islation.
If general proposed legislation impinges
upon the Agency or the Director of Central Intelligence,
views are transmitted to the committee having jurisdiction
and from time to time as necessary, the Director or other
Agency witness appear in either executive or open
session to testify.
D. OPTIONS FOR INCREASED SECURITY
Clearly the sine _qua non of clandestine activities is to protect
the supporting sources and. methods. The spinoff from revelations creates
an atmosphere where liaison services and other sources are wary of
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continued cooperation and feeds the appetite of those such as former
disaffected employees Agee, if not worse, and Marchetti to tell their
tales.
(1) In light of the House rules, the most obvious
protective device is that Subcommittees not maintain records
on sensitive information. The problem with this solution
is that there is then no evidence of information provided by
the Agency, which makes it possible for the Committees
to distance themselves from responsibility in the event
serious issues arise in the future about the extent: to
which the Agency has conformed to the law and kept the
oversight committees informed.
(2) The overall arrangement could be made for
the Committees to keep no transcripts or records- but
CIA to keep them in a segregated collection. As dir. ected
by the four Chairmen, they could be made available under
escort for examination but not copying. However practical,
this might pose political and constitutional problems',
(3) The House rules could be changed to limit access
to sensitive operational information to.the members of
specified subcommittees and perhaps certain other designated
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members in leadership positions. This would not likely-
be accepted by the full House.
(4) Committee access to certain operational
information having a substantial impact on the deliberations
of the House Foreign Affairs Committee and the Senate
Foreign Relations Committee is currently being expanded
to those Committees, or selected subcommittees thereof.
Such information may be handled with wisdom and restraint
but the increase in the chances of exposure is also clear.
(5) A Joint Committee on Intelligence might be
established with members from Appropriations, Armed
Services, Foreign Affairs and Government Operations,
with a separate staff. The resolution establishing it
could clearly state that the committee will have access to
all information and provide it with the authority and
responsibility to refuse access to information about
intelligence sources and methods.
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AW,
E. PROS AND CONS OF A JOINT COMMITTEE ON INTELLIGENCE
1. Pros.
(a) Reverse trend towards proliferation of access
to sensitive information.. and consolidate into one committee all
oversight except for Appropriations.
(b) Mechanism for improving the exercise of
legislative leadership on oversight and the credibility
of that oversight.
(c) Credible spokesmen to defend Agency on
the basis of a thorough record made before the committee.
(d) Opportunity for frequent and regular across-
the-board briefings and elimination- of redundant briefings
to other committees.
(e) Opportunity to establish as part of the resolution
rules strictly limiting access to sensitive intelligence information
(including overriding of Rule XI of the House).
(f) Opportunity to enact as part of the resolution
more effective deterrents against the disclosure of sensitive
intelligence sources and methods information.
(g) Provide a strong, base within Congress to
withstand accommodations on sensitive matters not supported
by their merits
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(h) Full-time professional staff to assist both
the committee and the intelligence community.
(i) Satisfy a number of present critics who believe
oversight is ineffectual and silence their criticism at least
on this issue.
(j) Those who have been in the forefront of defending
the Agency are nearing the end of their service and replacements
in the present structure of oversight are unlikely to wield
equivalent power.
2. Cons.
(a) The establishment of a joint committee may not
resolve jurisdictional battles as those now exercising jurisdiction
may be unwilling to relinquish their claims especially the
Armed Services Committees which can argue their special
interest in special ,overview of intelligence as it relates
to military or defense measures.
(b) Enlarges the opportunity for a committee to
encroach on executive responsibilities on the basis of
comprehensive access to information while -matters are
pending. Intrusion into basic policy areas which could
eventually, involve the doctrine of the separation of powers
and undermine the President's role in the conduct of
foreign affairs.
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(c) Create a board of directors which under
a requirement for full and current information could
curtail executive initiatives.
(d) Bring into the picture active full-time
professional staff with probable attendant problem:;
of interference with Agency management,
(c) Sentiment against joint committee in the Congress
as a weakening of the bicameral legislature established by
the Constitution.
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94th CONGRESS S.
1st Session
IN THE SENATE OF THE UNITED STATES
Mr. introduced the following bill; which was read twice
and referred to the Committee on Rules
To establish a Joint Committee on Central Intelligence, to
amend the National Security .Act of 1947, and #or_oEher purposes,
1 Be it enacted by the Senate and the Hokuse of Representatives
2 of the United States of America in Congress assembled, that
3 ESTABLISHMENT OF JOINT COMMITTEE ON CENTRAL
4 INTELLIGENCE
5 SEC. 2. (a) There is hereby established a Joint Committee
6 on Central Intelligence (hereinafter referred to as, the
7 "joint committee") which shall be co:ai.posed of twelve members
8 appointed as follows:
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(1) two
members of the Committee on Armed
2 Services of the Senate;
(Z) two
members of the Committee on Foreign
4 Relations of the Senate;
5 (3)
two members of the Committee on Government
6 Operations of the Senate;
7 (4) two members of the Committee on Armed
8 Services of the House of Representatives;
9 (5) two members of the Committee on Foreign
10 Affairs of the House of Representatives; and
11 (6) two members of the Committee on Government
12 Operations of the House of Representatives,
13 (b) The joint committee shall select a chairman and a vice
14 chairman from among its members at the beginning of each Congress,
15 The vice chairman shall act in the place instead of the chairman in the
16 absence of the chairman. The chairmanship shall alternate with each
17 Congress between the Senate and the House of Representatives, and the
18 chairman shall be selected by the joint conunittee members of the house
19 entitled to the chairmanslhLip. The vice chairman shall be chosen from
20 the house other than that of the chairman by members of the joint
2l committee: from that house.
22 (c) Vacancies in the membership of the jcint committee shall
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1 not effect the power of the remaining members to execute the
2 functions of the joint committee and shall be filled in the same
3 manner as in the case of an original selection.
4 (d) A majority of the members of the joint committee shall.
5 constitute a quorum for the transaction of business, except that
6 the joint committee may fix a lesser number as a quorum for the
7 purpose of taking testimony.
8 DUTIES OF THE JOINT COMMITTEE
9 SEC. 3. (a) The joint committee shall make continuing studies of
the activities and operations of the Director of Central Intelligence and
11 the Central Intelligence Agency. The Director of Central Intelligence sha
12 keep the joint committee fully and currently informed with respect to all
16
his activities and those of the Central Intelligence Agency,
(b) All hills, resolutions, and other matters in the Senate or House
of Representatives relating to the Director of Central Intelligence and the
Central. Intelligence Agency or to the foreign intelligence activities of the
United States Government shall be referred to the joint cornrni.ttee, and
except for the Appropriations Committees, the joint committee shall have,-
exclusive jurisdiction and access to information on the o pera ti_ons
of the Central. Intelligence Agency, its p ro g;, "trns and Fi=.nci.IUI s.
(c) Information obt~l.inc Cl_ Ui .?rLT isF ,'G r) ir~uafit to this section
shall be s ubjcect to specific rules and instructions regarding
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protection and further dissemination as established by the joint
committee. These rules and instructions shall take pr.ececlen -over
any other rules or instructions of the Senate or the House of
4 Representatives, '.with which they may conflict.
5 (d) The chairman and vice chairman of the joint committee or
6 -their designees shall from time to time report to their respective
7 houses, by bill or otherwise, their recommendations with respect
8 to matters within the jurisdiction of the joint committee,
9 PO.4VF RS OF THE JOINT COMMITTEE
10 SEC. 4. (a) The joint committee, or any subcommittee
13
thereof, is authorized, in its discretion: to make expenditures; to
employ personnel; to hold hearings; to sit and act at any time or place;
to subpoena witnesses and documents; to take depositions and other
testimony; to use, on a reimbursable basis, the facilities and services
of personnel of the Central Intelligence Agency, with the prior consent
of said Agency; to procure printing and binding; to procure the
temporary or intermittent services of individual or organizational
consultants; and to provide for the training of its professional staff.
(b) Subpoenas may be issued over the signature of the chairrriart
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5 w
1 of the joint committee or by any member designated by him or
2 the joint committee, and may be served by such person as may be
3 designated by such chairman or member. The chairman of the
4 joint committee or any member thereof may administer oaths to
.5 witnesses. The provisions of sections 102. to 104 of the Revised
6 Statutes (2 U. S. C. 192--194) shall apply in. the case of any failure
7 of any witness to comply with a subpoena to'testify when summoned
8 under authority of this subsection.
9 CLASSIFICATION OF INFORMATION
10 SEC. 5. The joint committee may classify information.
1.1 originating within the committee in accordance with st:andarcls
12 used generally by the executive branch of the Federal Government
13 for classifying defense info rm:nati.on dr other information relating to
14 the-national security of the-United States, including information
15 relating to intelligence sources and methods.
16 RECORDS O=E' THE JOINT COMMITTEE
17 SEC. 6. The joint committee shall keep a complete record
18 of all information it receives pursuant to section 3,. All committee
19 records, data, charts and files shall be the property of the joint
20 committee and shall be kept in the office of the joint: comrnittec,
21 or such other places as the joint committee may direct,
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1 under such security safeguards as the joint cornrnittee shall
2 determine to he in the interest of national security' but not less than
3 the standards prescribed forthe Executive branch.
4 EXPENSES OF JOINT COMMITTEE
5 SEC. 7. The expenses of the joint committee shall- be paid
from the contingent fund, of the Senate from funds appropriated for
7 the joint committee, upon vouchers signed by the chairman of the
8 joint committee or by any member of the joint, committee
9 authorized by the chairman,
10 PROTECTION OF INTELLIGENCE SOURCES AND METHODS
1.1 SEC. 8. Section 102 of the National Security Act of 1947, as
amended, (50 U. S. C. A. 403) is further amended by adding the,
13 following new subsection (g):
(g) In order further to implement the proviso of
section 102(d)(3) of this Act that the Director of Central
Intelligence shall be responsible for protecting intelligence
sources and methods from unauthorized disclosure--
(1) Whoever, being or having been in duly
authorized possession or control of information
relating to intelligence sources and methods, or
whoever, being .or having been an officer or employee
of-the United States, or member of the Armed Services
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of the United States, or a. contractor of the Uni.ted States
Government, or an employee of a contractor of the United
States Government, and in the course of such relationship
becomes possessed of information relating to intelligence
sources and methods, knowingly communicates such inzo:tmation
to a person not authorized to receive it shall be fined not more
than $5, 000 or imprisoned not more than five year,:;, or both;
(2) For the purposes of this subsection, the term
"information relating to intelligence sources and methods"
means information concerning
(a) methods of collecting- foreign intelligence;
(h) all sources of foreign intelligence, whether
human, technical, or other; and.
(c) methods and techniques of analysis and
evaluation of foreign intelligence
and which for reasons of national security, or in the interest
of the foreign, relations of the United States, has been specifically
designated for limited or restricted dissemination or distribution,
pursuant to authority granted by law, Executive order, or
Directive of the Nation?zl Security Council, by a department or
agency of the United St?i.t:es Government which is expressly
authorized by law or by the President co engage in a.ntclli~;enc+.
activities for the United States;
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8
(3) A person not authorized to receive information relating
to intelligence sources and methods is not subject to prosecution as an
3 accomplice within the meaning of section 2 and 3 of Title 18, United
4 States Code, or to prosecution for conspiracy to commit an offense .
5 under this subsection, unless he became possessed of the information
6 relating to intelligence sources and methods in the course of his relation-
7 ship with the United States Government;
8 (4) No prosecution shall be instituted under this subsection
9 unless, prior to the return. of the indictment or the filing of the
10 information, the Attorney General and the Director of Central Intelligenc?
11 jointly certify to the court that the information was lawfully designated
12 for limited or restricted dissemination or distribution within the meaning
13 or paragraph (2) of this subsection at the time of the offense;
14 (5) It is an. affirmative defense t6 a prosecution under this
15 subsection that the information was communicated only to a regularly
16 constituted subcommittee, comrriittee, or joint committee o if Congress,
17 pursuant to lawful demands;
18 (6) Whenever in the judgment of the Director of Central Intelligence
19 any person has engaged, or is about to engage, in any acts or practices
20 which constitute, or will constitute, a violation of this subsection, or
2l. any rule or reg ulatio;i issued thereunder, the MAtorney- General., on
22 behalf of the United Siates, may make application to the appropriate court
23 for an order enjoining such acts or practices, or for an order enforcing
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connplial-ice with the provisions of th:i.s su.bscc(io.n, and upon a showing
that such person has engaged, or is about to engage, in any sucli acts
3 or practices, a permanent or temporary :i.r~}liract:i.on, resi:r ~inirrr orde . ,
4 or other order :Ln.ay be granted.
5 (7) In any judicial proceeding under this subsect::i.on, the
6 court may review, in camera., information relating to intelligence
7 sources and. methods designated for limited or restricted clisseinir~ai:icizx
8 or distribution for the purpose of determining if such designation was
9 lawful and the court shall not invalidate the designation unless it
determines that the designation was arbitrary and capricious.
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CIA SUBCOMMITTEES
SENATE APPROPRIAT TONS
INTELLIGENCE OPERATIONS
John I_.. McClellan (D., Ark.), Chairman
John C. Stennis (D., Miss.) Milton R. Young (R., N. Dak. )
John O. Pastore (D., R. I.) T.oz-nari L. Hrtislca. (R,, Neb, )
SENATE ARMED SERVICES
CIA SUBCOMMITTEE
Joluz C. Stennis (D., Miss.), Chairman
Stuart Symington (D., Mo.) Barry Goldwater. (R., Ariz.)
Howard W. Cannon (D., Nev.) Strom Thurmond C.)
Thomas McIntyre (D., N. 11.)
MOUSE ARMED SERVICES
SPECIAL SUBCOMMITTEE ON INTELLIGENCE
Lucieri N. Nedzi (D., Mich.), Chairxnarj-
Melvin Price (D., Ill.) Bob Wilson (R., Calif.)
F. Edward Hebert (D., La.) William L. Dickinson (R. , Alt..)
Charles E. Bennett (D., Fla.)
Samuel S. Stratton (D., N. Y.)
HOUSE APPROPRIATIONS
DEFENSE SITECOMMIT'T'i=; I
George II. Mahon
Robert L. F. Sikes (D9 , Fla.)
Daniel J. Flood (D., Pa.)
Joseph P. Addabbo (D., N. Y.)
John J. McFall (D., Calif.)
John J. Flynt (D., Ga. )
Robert N. Giairrzo (D., Conn.)
Bill Chappell (D., Fla.)
Bill D. Burlison (D., Mo. )
(D., Tex.), Chai.rrmin.
Jack Edwards (R., ALL.)
J. Kenneth Robinson (U. , Va.. )
Jack F. Kernp (R., N. Y.)
Elford Cederberg (R., Mich.)
(ex-officio ro.crnber)
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House Porei Affairs Com.mi.ttee
Subcommitte>c On Oversi"ht
(Covert Action Only)
Thomas E. Morgan (D. , Pa. ), Chairman
Clement J. Zablocki (D. , Wis.) William S. Broomfield (R. , Mich. )
Wayne L. Hays (D. , Ohio) Edward J. Derwinski. (R., Ill.
)
Leo J. Ryan (D. , Calif. )
Helen S. Meyner (D. N.J.)
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Suhcomrnittee on Le?,i.sLii:ion and Nzttional Security
Jack Brooks (D. , Tex. ), Chairman
Benjamin S. Rosenthal (D. , N. Y. }
Jim Wright (D. , Tex.)
Don Fuqua (D. , Fla. )
William S. Moorhead (D. Pa. )
? John E. Moss (D. , Calif.)
James V. Stanton (D., Ohio)
Michael. l-IarringLon (D., Mass. )
Frank Morton (R. , N. Y. )
John N. Erlenhorn (R.,
Joe Wash. )
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91 ,1,11 CON (;r1I'k E'SS
1s'r S1?)ssIoN
TN '_I'U17 HOUSE OF
JU_N] 25,15)75
A]. r. BJ:ooan us,u (for 1litnseif a.ud AIr. llora.~ introduced the :following hill
which was referred to th(1 . C~ouuu.ittee on I..ules
;t.
To estal)1ish a Joint Committee on Iuut:elligenee Oversi h
~.
- e it enacted by the Senate anti IloUse of ReTiresento-
2
lives of the United States of America in Congress assembled,
I.ST
AUT) IS] I AFI?iA T
4
SECTION 1.. (a) There is estfhlislied a Joint. Ooirniiitfce
In telligence o vex si h t to he composed of fourteen ii
6
hers Its follows :
c
(1) se cil. Mm
erg; of the Ilouse of )l.eprer~cttlirector of III(! Defera,e
15 Iniellio'ence Agency, and the Director of the National
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Lion and improvement of agencies and departmen is of the
United States wvithin the jurisdiction of t'he joint conrniittee
as described in. supsection (a,) .
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4w ,
4
1 Seelcrityr Agency shall peep the joint coimniftee fully and
2 currently informed wwitli respect to all of the activities of
3 their respective organ nations, and the heads of all other
g departments and age>.>_civs of the Federal Government con-
5 ducting intelligence activities or operatiol.s or the surveil-
6 lance of persons shall keep the joint committee fully and
7 currently informed of all intelligence and surveillance activi-
8 ties and operations carried out by thew respective depart-
9 mellts and agencies. The joint commnnittee shall have authority
.0 to require from any depa.rtrnent or agencyi of the Federal
.1.1. Government periodic; written reports regarding activities and
12 operations within the jurisdicf:ion of the joint comn-littee.
13 POWERS
14 Sno. ~~. (a) The joint committee, or any subcommittee
:1.5 thereof, is authorized, ill its discretion (1) to make expendi-
16 tures, (2) to employ personnel, (3) to adopt rules respect-
17 iug its organization and procedures, (4) to 1.lold hearings,
18 (5) to sit: and pact at any time or place, (El) to subpena
19 Witnesses and documents, (7) with file or consent of the
agetley (:011ceriied, to use Oil rehnbursal.?Ie basis file Serl'-
21 ices of per, onnel, inforlnafion, and facilities of a1_ly such
23
a(Yencv, ( ) to procure prillliu'). find binding, (~)) to pro-
cure the telul>o"aryr services (riot in excess of ogle ye(lr) or
24 i-IfcrMittclll sere ices of inrliVidilal CM lsllItants, or or trliza-
25 lions 1:Ilcrcof and to provide assisfa.nee for the lrairlinir of
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1 ins professional staff, in f.lwc; s'1100 IMluner and nndor the .1111e
2 Conditions as a standing eoi11in1itfee of the Iollse mays pio
.~ cure such- services land provide suCll ~lssisiance llil(ler Sllbs('.G
4: lions 0) aid. (j), resI)ectively, of section ` 02 of the Le is-
5 native iteorr;allization A_et of 19-1-6, ztn11 (10) to t,h ico deposi-
lions and other testimony, No r111e shall be adopted by the
7 joint coirmiitfee under clause (') f,rovidillo that: a. lindillo-,
staleineilt, recoininendilion, or report may be made by other
q t.harl a, majority of the members of the j()int Colilrlutlee until
10 holdilif; office.
(b) Sub,.lrena.s may be is.,ue{l over the sir nature of the
12 ohil'11.'t7]~iIll Of the Point coniiintl cce or by any 7ne111ber desi --
13) natod by lnim or the joilif:. cumini?ttee, '-11.1d rnayr he served b.y~.
14 such ;person as may be designated by such chaiirnaii or
15 i"Llembe.r. The ehairritan of the joint commi11ce or any lnem--
16 her thereof may adnunisfer oaths to witnesses. The provision';
17 of secf.ioils 102 throug11 104 of the I evised '~`if~atllfes (9
:18 U.S.C. 192-194) shall apply ill 1:he cage of any 1aiflire of
19 any witne ss to Co;irlllly with r1 s1tlI~ena or fto t(~.>tify Nvhci)
20 suillinoned under authority of
;hi; se tion_.
21 (c) 'With the consent of any standing, select, or speeial
22 commillee of the Senate, or House. or ally subeolllmlffee, tbn
2;; joint cornllnittee may Utilize he sertivices of ans staff mem-
ber of s1101 dolls(' or Semfle ('u111111iftee Ul' L;llllconnlillteo
16.i . X31(9 2
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6 Aft
whenever the C11811-111,111 of the joint committee determines
that su(hl Services are lle('Cz~Sitl'y aiid aj prt?p{'late.
CL.d.SS[P11'ATION OF JNFl)I~Ij.ArI,IO`J
4 Sic. 4. _ u e joint coinnuttee iiniy chiss(y information
5 originating v~itilitt t11e coruui ttee in accord,.tiu?e v~Vith stiiu-l-
6 aids used geuerallyr I)y 111e executive branch of the T'ederat
7 Gover-mcl-t for elitssi;yinn d~efensc infortntttioil or of tes
S im-fortnati'on relating; to the national security of the United
9 States, including; information relating to intelligence sources
10 and methods.
7.1 T'ROTEi :I'ION OF INFORMATION
12 SEE. 5. (a) The joint committee shall in.shtute and
13 carry out such rules and procedures as it may deem
neces- sary to prevent (1) tle .disclosure, outside the joint commit-
V5 tee, of any i-.tfurrm.tiort relating; to the activities, operations,
16 and budgets of the agencies and departmei -s described in
-1-7 section 2 (tt) , ol-tained by the joint con-rnittee during the
18 course of its study and investigation, and not otllerwzrise an-
19 thorizeil by the joint comniitt:ee to he disclosed; and (2)
20 idle disclosure, outside the joint committee, of party information
21 protected from. nnanthoil ed disclosure by statute, including
22 but not, limited[ to I:cstricted Data (42 U.S.C. 2162), corn-
23 n.tmlicatloll irtforlnatitfn (18 TT.S.C. 798), and intelligeece
24 Sources and inctl-odti (50 tI.S.C. 40 ) (d) (:;) ~intl ( )) , Or
of any iliforlrl;itioll wlliell would othcr~si;;e adversely aflcct
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I the intelligence ictivitics of the Central Intelligence .Agency
2 in foreign countries or the intelligence activities in foreign
3 countries of ar>_.y other depart-rnent or agency of the United
4 Shales.
5 (b) No employee of the joint 'committee or any person
6 engaged IIry conta'act or? Otherwise to perform services for
7 the .joint committee shall he g-ivon_n access to any elassified.
8 information by the jo.inrl; committee unles:s ssucIr employee or
9 person laas received alt appropriate Secttrity clearar~ce These
rule; and instructinns shall take precedence over ;in
1; 1
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Am *k
S
ot'lier Pules or an~~tiiiclions of III(,, ate or t1u Rothe of
2 Rcfarc efltati~-es With wlricll tllc"y may (1oilflict.
3 1'-DE )RUS OF JOINT CONI1-11TTEI
4 '. he joint committee shall keep a c1omplete record
5 of all information it receives pursuant to section 2. All joint
6 coil, mittee records, data, charts, and Ides shall be the prop-
? erty of the joint conm-littee sand sh_;Ilt be kept; in the office
S of the joint coirrrnif;tee, or such other place or places as the
9 joint committee may direct, under such security safeguards
1p as the joint committee shall deterwine, to be in the interest
7.1 of national security but not less than the standards pre
]2 scribed within the executive branch.
13 EXPENSES OF JOINT COMMITTEE,
111: Sic. 7. The, expenses of .the joint committee shall be
15 it one-half from the contingent fund of the Senate and
1G one-half from the contingent fund of the louse of Repre-
17 senta.tives, upon vouchers signed by the chairma.ai or the vice
18 oha-irnian of the joint committee.
19 AMENDMENT TO If. R ES. 1.38; T1;Ati SFEIt OF DA`_PA
20 Stec. 8. (a) Section 9 of II. 1%es. 138 of the Ninety-
21 fourth Congress is amended to read as follows:
22 9. The -authority granted herein shall expire on
23 Jauluai.y 4, 1976 . .
tln hm iied
24 (b) '1.'lre :1ect (oanirai[fee on Intelligence 1.1;
cla.ta,
25 arid. (Iircc;terl fo trans1,or to the joint conuniffee all
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9
inlo~~ nation, tra~iscri~~t5, and other documents in its lrvsses-
sioli or un i drn? its control.
]Il FEC:{`IVE DATE
9. This Act and Ow, am endm en trade by it shall
take effect on Jaaiuary 3, :1976.
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i ti
a
0
Or
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94th Congress
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A B 1 L L
To establish a Joint Committee on Intelligence Oversight.
Be it enacted by the Senate and House of Rep seentati.v-es of the
United Sates of America in Congress Assembled,
Establishment
Section 1. (a) There is established a Joint Committee on
Intelligence Oversight to be composed of fourteen members as follows:-
(1) seven Members of the House of Representatives
appointed by the Speaker of the House of Representatives of
which four shall be of the majority party and three shall be
of the minority party; and
(2) seven Members of the Senate appointed by the
President pro tempore of the Senate of which four shall be
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of the majority party and three shall be of the maai.nority
party.
(b) The joint committee shall select a chairman and a vice
chairman from among its member. s at the beginning of each. Congr. ess.
The vice chairman shall act in the place and stead of the chairman in the
absence of the chairman. The chairmanship and the vice chairmanship
shall alternate between the Senate and the House of Representatives with
each Congress. The chairman during each even-numbered Congress shall
be selected by the Members of the house of Representatives on the joint
committee from among their number and the chairman during each odd--
numbered Congress shall be selected by the Members of the Senate on the
joint committee from their nummrzber. The vice chairman during each
Congress shall be chosen in the same manner from that I-louse of Congress
other than the House of Congress of which the chairro-an is a Member.
(c) A majority of the member. s of the joint committee shall con-
stitute a quorum for the transaction of business, except that the joint
committee may fix a lesser number as a quorum for the purpose of taking
testimony. Vacancies in the membership of the joint committee shall not
affect the power of the remaining members to execute the functions of the
joint committee and shall be filled in the same manner as. in the case of
the original appointment.
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.or 3 1?W
(d) Service of a Senator as a member or as Chair)-nan of the
joint committee shall not be taken into account for the purposes of
paragraph 6 of rule XXV of the Standing Rules of the Senate,.
Duties of the Joint Committee
Sec. Z. (a) It shall be the duty of the joint committee to conduct
a continuing study and investigation of the activities and operations, and
budgets of (1) the Central Intelligence Agency, (Z) the Federal Bureaul of
Investigation, Department of Justice, (3) the United. States Secret Service,
(4) the Defense Intelligence Agency, the National Security Agency, and
other intelligence components of the Department of Defense, and, (5) the.
related intelligence functions of all other departments and agencies of the
Federal Government. Except for the Appropriations Committees and the
existing legislative oversight committees, the joint corn.m.ii:tee shall have
exclusive jurisdiction and access to information on the activities, operations;,
and budgets of the aforementioned departments and agencies,
(b) The joint committee is authorized to report to the douse of_
Representatives and the Senate by bill or otherwise no later than. June 30,
1977, with respect to the reorganization and improvement of agencies and
departments of the United States within the jurisdiction of the joint cornnxxittee
as described in subsection (a).
(c) The Director of the Central Intelligence Agency, the Director
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AM AK
of the Federal Bureau of Investigation, the Director of the Secret: Service,
the Director of the Defense Intelligence Agency, and the Director of. i:he
National Security Agency shall keep the joint committee fully and Currently
informed with respect to all of the activities of their respective organiza-
tions, and the heads of all other departments and agencies of the Federal.
Government conducting intelligence activities or operations or the surveil.--
lance of persons shall keep the joint committee fully and currently inforn?_ed
of all intelligence and surveillance activities and operations carried out by
their respective departments and agencies. The joint committee shall. have
authority to require from any department or agency of the Federal Govern-
ment periodic written reports regarding activities and operations within
the jurisdiction of the joint committee.
Powers
Sec. 3. (a) The joint committee, or any subcomr.rAttee thereof,
is authorized, in its discretion (1) to make expenditures, (2) to employ
personnel, (3) to adopt rules respecting its organization and procedures,
(4) to hold hearings, (5) to sit and act at any time or place, (6) to subpena
witnesses and documents, (7) with the prior consent of the agency concerned,
to use on a reimbursable basis the services of personnel, information, and
facilities of any such agency, (8) to procure printing and binding, (9) to
procure the temporary services (not in excess of one year) or intermittent
services of individual consultants, or organizations thereof, and to
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provide assistance for the training of its professional staff, in the same
manner and under the same conditions as a standing comrniftee of the
Senate may procure such services and provide such assistance under
subsections (i) and (j), respectively, of section 202. of the Legislative
Reorganization Act of 1946, and (10) to take depositions and other test.--
mony. No rule shall be adopted by the joint committee under clause (3)
providing that a finding, statement, recommendation, or report may be
made by other than a majority of the members of the joint: committee
than holding office.
(b) Subpenas may be issued over the signature of the chairman
of the joint committee or by any member designated by him or the joint:
committee, and may be served by such person as may be designated by
such chairman or member. The chairman of the joint committee or any
member thereof may administer oaths to witnesses. The provisions of
sections 102-104 of the Revised Statutes (2 U, S, G. 192-196) shall apply
in the case of any failure of any witness to comply with a subpena or
'to testify when summoned under authority of this section.
(c) With the consent of any standing, select, .or special committee
of the Senate or I-louse., or any subcommittee, the joint committee may
utilize the services of any staff member of such House or Senate commit-
tee or subcommittee whenever the chairman of the joint comrittee dieter--
mines that such services are necessary and appropriate.
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Aft
Classification of Information
Sec. 4. The joint committee may classify information originating
within the committee in accordance with standards used generally by the
executive branch of the Federal Government for classifying defense i.nforzna.--
tion or other information relating to the national security of the United.
States, including information relating to intelligence sour. ce:s and method s..
Protection of Information
Sec. 5. (a) The joint committee shall institute and carry out such
rules and procedures as it may deem necessary to prevent (1) the disclosure,
outside the joint committee, of any information relating to the activities
and operations, and budgets of the agen6ies and departments described in
section 2, obtained by the joint committee during the course of its study
and investigation, not authorized by the joint committee to be disclosed;
and (Z) the disclosure, outside the joint committee, of any information
protected from unauthorized disclosure by statute, including but not: limited
o Restricted Data (42 U. S. C. 2162), communication information (18 U.S.C.
798), and intelligence sources and methods (50 U.S.C. 4.03(d)(3) and (g)), or
of any information which would otherwise adversely affect the intelligence
activities of the Central Intelligence Agency in foreign countries or the
ntelligence activities in foreign countries of any other department or agency
(b) No employee of the joint committee or any person engaged by
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contract or Otherwise to perform services for the joint c:ornmit:tee
shall be given access to any classified information by the joint corn.rrn.ittee
unless such employ=ye or person has received an appropriate security
clearance as determined by the joint committee. The type of security
clearance to be required in the case of any such employee or person shall,
within the determination of the joint committee, be commensurate with. the
sensitivity of the classified information to which such em.playee or person.
will be given access by the joint comximittee.
(c) As a condition for enzployxnent as described in section 3, each
person shall agree not to accept any honorarium, royalty, or other payment
for a speaking engagement, magazine article, book, or other endeavor
connected With the investigation and study undertaken by this comrrm.ittee.
(d) Information obtained or furnished pursuant to section 2 (c) shaI.I_
be subject to specific rules and instructions regarding protection and
further dissemination as established by the joint committee in conformance
with this section. These rules and instructions shall take precedent over
any other rules or instructions of the Senate or the House of Representatives,,
with which they may conflict.
Records of Joint Committee
Sec. 6. The joint committee shall keep a complete record of all
information it receives pursuant to section 2. All commnittec. r. ec.ords,
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data, charts and files shall be the property of the joint committee
and shall be kept in the office of the joint comrittee, or such other
places as the joint committee may direct, under such security safeguards
as the joint committee shall determine to be in the interest of national
security but not less than the standards prescribed within. the Executive
branch.
Expenses of Joint Committee
Sec. 7. The expenses of the joint committee shall be paid one-
half from the contingent fund of the Senate and one-half from the contingent:
fund of the House of Representatives, upon vouchers signed by the chair--
man or the vice chairman of the joint committee.
Amendment to H. Res. 138; Transfer of Data
Sec. 8. (a) Section 9 of 11. Res. 138 of the Ninety-.fourth Congress
is amended to read as follows:
"Sec. 9. The authority granted herein shall expire
on January 4, 1976."
(b) The Select Committee on Intelligence is authorized and
directed. to transfer to the joint committee all data, information, trans-
cripts, and other documents in its possession or under its control.
Effective Date
Sec. 9. This Act and the amendment made by it shall Lake effect.
on January 3, 1976.
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UNCLASS'aved Fo
eIj06/10/19 "' CIA-RDP8
1 F ~Q t 7L0o
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
FROM:
NO.
Legislative Counsel
ST
=
DATE 16 October 1975
TO: (Officer designation, room number, and
D
ATE
building)
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to
whom. Draw a line across column after each comment.)
1 Mr. Proctor
7E44
It appears the time may have
once again. caught up to a paper
2.
which was prepared by this
office sometime ago on the
3
question of congressional
oversight, the need to stop
the proliferation of sensitive
4?
material within the Congress,
~
-
and the possibility that a joint
..?
itt
ld
th
comm
ee cou
serve
ese
ends.
6.
Also attached is a proposed
joint committee bill which this
office drafted as a service to
7'
Ranking Minority member
Broomfield of the International.
8.
Relations Committee following
the submission of the Murphy
Commission Report, of which
9.
he was a member. Mr.
Broomfield introduced a bill
10.
embodying the major part of
our recommendation but not
that part which would have
11.
repealed the Foreign Assistance
Act requirement of a Presiden-
ti
l Fi
di
d
i
n
a
ng ,an
report
ng on
12.
co im-i'n'n-
S14,
13.
G
14
eorge L. Cary
Legislative Counsel
15.
cc: Members of the DCI
,_ 0900 meeting
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