PROPOSED AGENDA FOR AD HOC GROUP OF USIB ON CONGRESSIONAL INVESTIGATIONS - 7 FEBRUARY 1975

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83B00823R000700040040-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 42
• Document Creation Date: December 12, 2016
• Document Release Date: August 18, 2000
• Sequence Number: 40
• Publication Date: February 7, 1975
• Content Type: AG

Approved For Release 2001/09/03 : CIA-RDP83B00823R000700040040-3
PROPOSED AGENDA FOR AD HOC GROUP OF USIB ON
CONGRESSIONAL INVESTIGATIONS - 7 FEBRUARY 1975
1 ? Review of Chairman, USIB Security Committee Paper.
2. Status of Draft Annexes (Coordinating Session)
3. Proposed DCI Unclassified Statement
Approved For Release 2001/09/03 : CIA-RDP83B00823R000700040040-3
 JUn?'a-i.J 27, 1
these two requ
ap the entire g
adjusted sales
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,de once duri
;he adjusted s
election may
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;y, may be exc
when he sells h
payer may elect
the sale of his
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e of the old r
lowed if (1)
J ence or (2)
he U.S. Arme
Information o
be helpful.
Credit.-To q'
rents from Schedule
qualify or the retir
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1. A tacpayer's q
come, cr"
both ta:?:payers are
total of iontaxable
Se;.urit jbenefits or
income 41 excess of
62 year-;d but less
The Ititernal Rev
computajthe retirem
t1remen.,
qualify ;
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taspaye.-,s^ou d also
Form 10}0.
ifying retire
income (pensi
ends, and reu
aproved For eJ~e "(A3 1J,$ @Q"000700040040-3 S 967
Mr. GRIFFIN. Mr. President, will the
Senator yield?
Mr. MANSFIELD. I yield. .
Mr. GRIFFIN. Mr. President, I ask
that the time on this side be yielded to
the control of the Senator from Texas
(Mr. TOWER).
The PRESIDING OFFICER. The clerk
will ca11 the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. TOWER. Mr. President, I ask
unanimous consent that the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered. -
? Mr. TOWER. Mr. President, I ask
unanimous consent that Miss Pam Tur-
ner, of my staff, have the privilege of
the floor during the consideration of Sen-
ate Resolution 21 and all amendments
thereto.
The PRESIDING OFFICER (Mr. GARY
W. HART). Without objection, it is so
ordered.
IMIr. TOWER. Mr. President, I suggest
the absence of a quorum.
The PRESIDING OFFICER. On whose
time?
Mr. TOWER. To be charged equally to
both sides.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The clerk will c,aU the roll.. - - I
The assistant legislative clerk pro-
ceeded to call the roll. .
Mr. PASTORE. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING -OFFICER. Without
objection, it is so ordered.
Mr. PASTORE. Mr. President, a parli-
amentary inquiry.
The PRESIDING OFFICER. The Sen-
ator will state It.
i3USL`5 SS business?
The P ESIDING O CSR. 4e time The . PRESIDING OFFICER. The
for the onclusion oft morning usiness pending business is Senate Resolution
having arrived, morning buss ess is No. 21.
closed.. Mr. PASTORE. Mr. President and col-
leagues, I am not going to belabor this
measure this morning by an extended
SELECT COMMITTEE TO STUDY explanation. As a matter of fact, I did
GOVERNINUENTAL INTELLIGENCE' explain it last week and I . think that
- GATHERING ACTIVITIES - what we are trying to achieve is quite
The PRESIDING OFFICER. Under the well understood by the Members of the
previous order, the hour of 1 p.m. having Senate.
arrived, the Senate will now proceed to . I do not think we are going to have any
the consideration of Senate Resolution difficulty with this resolution. As a mat-
21, which will be stated by title. ter of fact, it is generally conceded, to be
The assistant legislative clerk read as necessary, and I point up the fact that,
follows: by a vote of 45 to 7, it was approved by
-A resolution (S. Res. 21) to establish a the Democratic Conference.
Select Committee of the Senate to conduct an As I understand it, the minority
investigation and study with respect to in- leader has stated today his selection of
telligence activities carried out by or on be- members of the select committee, so I
half of the Federal Government. construe from that that the other side
,. ~~ . S r,*_ OFFICE R. The time is more or less amenable t0 this resolu-
onthed
T.sxpa
the adr 'ed sale p
Add:ior i time is
ceived e4 ned incor4e in excess of
each of any 10 cal dar years bef
"retiretr-tut inton=e"I Five types of i .come-
pensionsF annuities, linterest, and dividends
included; on line 151 Form 1040, a d gross
meets
in from
rice of
is elec-
a tax-
es price
e made
a ratio
e of the
ange of
termin-
ded by
home.
to defer
ersonal
1 year
another
exceeds
sidence.
u con-
u were
Forces.
Selling
ilify for
ust (a)
Lave re-
$600 in
re 1974,
,alifying
where
us the
Social
ent an-
L9 upon
of any
reduce
earned
at least
fount is
ome in
e total
bver are
itat-ion.
o claim
11 also
it for a
S com-
iestions
lines 2
ount
F.e-
and
ns, an-
.. The
E e 17,
was viola ed. Had the enocide C ven-
tion bee in existence two decad s ago
those wh perpetuated trocities weep
1933 and 939 could ha been bro ht to
justice.
This s' uation displ s the sam kind
of inaction that was brought ainst
those res onsible t17 e Armenia4 mas-
sacres ev n though Tu -ey and he Ger-
man alli were defeat in World War I.
There is evidence on the record that
Hitler d y noted this act when a pre-
pared program o extermin tions.
Docume s introduce at the urem-
berg tri s contain th following state-
ment ma a by Hitler i August 19 9 just
before t e invasion of Poland: i
What t e weak weste European vlliza-
tion thin about me dc ss not mat r... .
I have s it to the Eas only my eath's
head uni s with. the or er to kill ithout
pity or m rcy all men, men, and ildren
of the Pol sh race and la age. Only n such
a way wi we win the tal space %v a need.
Who- still talks nowaday of the ex rmina-
tion of th Armenians?
it is q Ito apparent rom the p evious
statemel that Hitler interpret d the
world's-' a.,tion on t Armenia mas-
sacres tacit cons nt to do as he
pleased. Why should t e world st p him
when th y have alway failed in t e past
to show concern?
The nocide Treat is the do ument
that displays the we Id's outra a and
concern veracts of Genocide. et the
United tates has re used to si this
Important document. the int rest of
further nternational peace and safety,
in the opes of ell mating all future
crimes ainst hums ty, I urge y col-
leagues o join me support of the
Genocid Convention ccords.
OF T4-IE GENCC
,Ir. P ? C?a?T_IR E J Mr. President] one of
the wcr4t offenders of the crime o9l geno-
.. -Fla .A hV
the L ned - ation was Lee LVa Ts cA- Ior aeoare on Luis 1-esvill-vi11J 1a1 11 ~U iiir. TOWER. Mr. President, wiil'the
tfsrmin-.ion of 6 mi lion Jews. 212 nillion 2 hours, to be equally divided between Senator yield?
tole ndreds of thousands of zechs, and controlled by the majority and iVlr PASTORS. Unless it was a gesture
erb_. l; :' Russian;. minority leaders or their designees, with
of futility.
W1 th( Kure bird trials co vened the vote to occur. at 3 p.m.
it - as 4 ecided the the Nazis co Id not 1.1r. MANSFIELD. Mr. President, I Mr. TOWER. It was acceptance of the
be nun' led for a is of genocid com- yield my time to the distinguished senior inevitable, I think.
mitred . or to 1 39. The Nun mberg Senator from Rhode Island (Mr. PAS- Air. PASTORE. Mr. President, I wish
to ma'ie it abundantly clear at the out-
tribtn=a which tri d war crimhn 1s for TORE).
ch?im_ ; `,ainst humanity refused o con- I suggest the absence of a quorum, with set that the FBI, the CIA, and Military
sides' oj_?.ses occurring before t e war the time to be charged against both Intelligence are absolutely necessary to -the
on the g ro'.i-hds tP b M1-6 Fka641 01/09/03 : CIA-RDP83B00823R OY686 0&46-3the survival of this
 CONGRESSIONAL RECORD--SENATE January 27, 1975
great Republic. Any(Aj9pY%w@de griR'e4L Se~r2-004#09M Q1/ C ~8 i l~ any sndtnla and
the possibility d
for a moment, anyone who should try or fine service. reconciling contrasting vile sa and theories
anyone who should even begin to imagine We do pot know yet who the members which must be accommodMaid.
that the Senator from Rhode island is are on the majority side. I know I am Ultimately, the report of this select com-
trying to do anything to disrupt or to not one of them; I do not want to be one mittee must be widely accepted by many
injure in any way these fine agencies, of them. I made that pledge at the time elements of the American people. Otherwise,
our improprieties t's and ability
should immediately disabuse his mind that I introduced this resolution, that efforts coofiderc correct in past
of it. I was not doing it for any selfish reason; g I have been connected for a long time I was doing it because I thought it needed to conduct. in an appropriate manner the
very sensitive and important intelligence
with the workings of these agencies. I to be done. function, will falter.
realize why they were instituted in the Mr. President, having said that, I have To fail to create a broadly based committee
first place. We could not survive as a nothing further. I am perfectly willing would in the end be a disservice to ourselves,
decent society without the FBI. We could to answer any questions. it is a very sim- the Senate.. our country and the American
never survive as a great nation in this ple resolution. It is all spelled out. I people,
troubled world, this sensitive world, with- understand there are going to be two Testimony already taken in the Congress
out a CIA or military intelligence. So I amendments. I am amenable to both strongly indicates that there have been
wish to make it abundantly clear, Mr. amendments, with the exception that on abuses and misuses of authority within the
Central Intelligence Agency.. Allegations of
President, that what we are trying to the Tower amendment, I hope we can other improprieties remain unanswered. A
do is find out the abuses of the past and clarify one statement at the end, where virtual floodgate of questions and charges
also of the present, to find out how it it says: has been opened. engul ag our intelligence
all started, how far it went, to remedy The type of security clearance to be re- community in suspicion, and uncertainty.
these abuses and make sure that in the quired in the case of any such employee or While some- of this may have been more sen-
future they will not happen; and in the person shall be commensurate with the sent- sation than substance, the facts remain that
final analysis, ultimately, that the confi- tivtty of the classified information to which both damaging testimony and allegations of
dence of the people wil be reaffirmed such employee or person will be given access serious misconduct are before us and that
by the select committee. they have not been. rebutted to the satisfac-
tion 5trenothened in their appreciation tion of most members of Congress or of the
and their consideration, as to the essen- I think we ought to nail that down to American people.
tiality of these great arras of Govern- be within the determination of the com- The floodgate cannot and should not be
ment. mittee itself. closed; the questions raised must be an-
Mr. President, having said that, I must I should like to add. some language in swered; the faith of the people In this most
in all fairness say that there have been there; in the last sentence: "within the sensitive area of. their government must be
some very serious abuses. I am not going determination rliade by the committee restored.
If an agency has overstepped its author-.
to debate them this morning. As a matter itself." ity, if it has violated the rights of citizens
of fact, our newspaper headlines have Mr. TOWER. Mr. President, I wonder whom it is supposed to serve, if it bas been
been replete with a dissertation of what if I might visit with the distinguished involved is illegal cetivittes, if it has been
they are. There have been charges and Senator from Rhode Island. utilized in derogation of its- public trust.
countercharges. There have been those Mr. PASTORE. When the proper time then these matters mast be' Yung investi-
who- have exaggerated some of the comes. I do not think we are too much gated. Corrective steps must be taken.
wrongs; there are those who have mini- in disagreement. I repeat what I said There was an. ei.rlier time- in this Nation
when the agencies in question-born in a
mined some the wrongs. Because the su- last week when I was questioned by the turbulent area of violent crime half a. cen-
pervision on the part of Congress is distinguished Senator from P.2ississippi, tury ago, or in the aftermath of war 25 years
spread throughout several committees, the chairman of the Committee on later-enjoyed a very different imao . They
each of which has jurisdiction in its own Armed Services: The jurisdiction of each were looked.upon as guardians of the Nation
v:ay-the Committee on Foreign Rela- committee as it now stands will continue. and protectors of law-abiding citizens. But,
tions is absolutely interested in inteli- There is nothing in this resolution that like so many of this country's institutions in
gence abroad; the Committee on the changes that one iota. I suppose that the recent years, they have fallen In esteem. The
intelligence
Services is absolutely Interested, authorization bills, when they come up, The FBI heero of community the 1930's has has been lost Its, glitter.
replaced
T :rBZ hero
in military intelligence; the Joint Com- will be referred to the Committee on in the public eye by a much more dubious
mittee on Atomic Energy is absolutely Armed Services, there is no question at all character.
interested in where our nuclear weapons about that. I suppose before deciding the Thus, the need for a full investigation
are and how well they are being pro- authorization the chairman will conduct* of the tide of current charges goer beyond
tected and, vis-a-vis with our adver- some kind of hearings, not competitive the obvious-requirements of discipline within
saries, what they have and what we must to the select committee; it could be- core- the government; it goes to a restoration of
have-there is no question at all about sonant with it. I am not opposed to- that. confidence in a segment of government that,
more than any other, must hold the pub-
the essentiality. As a matter of fact, let us face it: We lie's confidence.
The important thing. here is to restore
public confidence so that these agencies,
in the final analysis, will be responsive.
That is what this is all about. This is
not to challenge the chairman of one
committee or to challenge the chairman
of another committee. We are not here
to rebuke any. Member of Congress for
what supervision he gave or did not give.
That is not the question this morning.
What we are trying to do here is create
a select committee consisting of 11 mein-
bcrs-6 from the majority, 5 from the
minority. I know it is not going to be
partisan. There is not 'a Member of the
Senate who does not put his country
before his party, or even, indeed, his on,
interest. If it were otherwise, that would
be a blot on this great establishment.
What do we do by this resolution? We
create a committee of 11 members. The
names have already been sug^ested by
the minority leader of those on the part
of the minority party. We know who
are all here trying to do the right thing. No nation can gamble with its security.
Let its do it. That is about the size of it. Indeed, the, guarantee of that security is
Now, Mr. President, I have here a perhaps the, most fundamental of all govern-
mental by Senator HUDDLESTU who mental responsibilities. Without. It, all else
can quickly fade.
asked me to have it inserted in the National security arrangements, defense
RECORD, and I ask unanimous consent and foreign policy strategies, and decisions
that that be done. regarding a host of other issues rely upon
The PRESIDING OFFICER. Without intelligence. In fact, there are few who would
objection, it is so ordered. argue that we could do without intelligence
gathering activities--especially In what ap-
STATEMENT BY SENATOS HUDDLESTON pears to he an increasingly complex and
I am pleased to support Senate Resolution uncertain world.
21, which would establish a select committee Furthermore, the very nature of such ae-
on intelligence activities. tivities requires that they be closely held
I believe the creation of such a committee and carried out. with a certain degree of
is essential at this time. - secretiveness and confidentiality. .
I believe the committee as proposed in the But, the agencies involved in such activ-
resolution before us twill meet the needs of sties, like Caesar's wife, must be .above re-
the Senate and our Nation is terms of struc- proach-not just because of their .special
tore, representation and mandate. status and charge but also because actions
A committee such as we are about to cre- which involve them in suspicion and ques-
ate must touch upon the carious ages, view:., tints tend to impair if not destroy their abil-
geographical areas and philosophies which ity to function.
are a part of the Senate and our nation-at- There are those in this body who have fol-
large. lowed closely the activities of the CIA and
To structure it otherwise would diminish other agencies with intelligence responsibti-
Approved For Release 2001/09103 : CIA-RDP83B00823R000700040040-3.
 January 27, 1975 CONORESSIONAL~R~G
sties-the Defense Intelligence Agency, the we would not have accomplished as much States. There has to be accountability
National security Agency, the Federal Bu- as we have so swiftly.in this very impor- and responsibility. The intelligence agen-
reau of Investigation, and the Secret service. tart matter. The efforts of the Senator cies must be adapted to the needs of a
For that reason. we should certainly make. from Rhode Island have manifested a constitutional democracy in our time-
the best use of these persons; we should quality of greatness. or they must be eliminated.
we. cannot eliminate them so we have
build upon their knowledge and experience.
At the same time. I believe we could bane- I also want to thank the major leader
fit from new and fresh perspectives which (Mr. MANSFIELD), Senator MATSIM on to do what is necessary to keep them
could bring to such review an inquiring ap- the minority side, Senator BAxsx, Sen- under control. That is a job for Con-
proach which might not only develop new ator WzXCKER, and others who did so gress..
ade work Third. Therefore, as the Senate pro-
itive
tant s
i
t
p
mpor
ally
Ideas but also do much to insure a pos
h of the vi
. mucpublic response to the ultimate findings and which has brought us to this point. . ceeds to establish the select committee,
recommendations. I have been involved in this matter. it is important to identify three impor
I do, consequently, support establish- since 1971, when Y questioned Senator Cant missions of this committee:
ment of a Special committee ou review in-
tellige_ca operations in this country. I also Ellender, the then chairman of the First of all, it is charged with finding
think, however, that our intent and deter- Committee on Appropriations, on the the facts in cases of alleged wrongdoing.
mination to insure a broadly representative Senate floor about expenditures for in- ? Thus, the Pastore resolution empowers-
committee must be made clear. telligence operations. I joined in earlier the select committee to "conduct an in-.
the HMO that I helped vestigation ... of the . extent, if any, to
tation of the
i
t
or
o
modate the represen
resolutions pr
To accom various views, i proposed in the Democratic in the support that has been brought to-. which-illegal, improper, or unethical ac-
the
n
ed i[1 b
a
b
h
i
"
g
y
g
ave
een e
tivit
es
Conference that we consider an 11-member . gather behind the Pastore resolution.
body, rather than a smaller one. While this I agree, of course, with the Senator intelligence agencies of the U.S. Govern-
is an admittedly rather large committee, in
land that we need an ef- ment. This will involve identifying in-
I
h
d
s
e
o
from R
this particular case, I believe that it is re-quired. Many Committees have some jurls- . fective intelligence. operation, we need' - dividuais responsible for such activities;:
instituons.
- as well as their
nder clear and wise ground
ti
iti
ti
s
v
ng u
es, it opera
dictional claim over intelligence ac
ec-
and I cite paragraphs 1 23 10 of
-
Interest and concern over this matter goes rules and under firm 'control by the Ex- , . 2,
tional bounds of com- I have been Grit- tion 2. _ ..
di
n
re
s
i
d C
g
s
s
c
o
r beyond the jur
fa ecutive an
. mittees, encompassing, I would imagine, ical of the CIA and other intelligence Second, . the - select committee - is
It i
t
fu
th
ith
r
er.
s
ep
go-La one s
every member of the Senate. Views on. the agencies for many of the things they charged w
subject vary widely, I believe that the spacial have done that they should not have to consider the institutional changes
mitt
commit*-ea must have broad authority, as done. There have been serious abuses., needed in the organization of the execs=
the resolution contains. It must be em- But there also hav;i been great accom- . tive branch and changes needed in con--
powered not only to investigate possible il- plishments. There have been deeds done gressional oversight * mechanisms as:
legal activities and abuses in the intellir by courageous and dedicated men and well-so that these abuses of power can-
gence. community. but also to review - the women, many of whom have risked their not occur again I cite section 2, para-
mandates of the agencies concerned; to study lives, and some of whom have lost their graphs 4, 5, . 6, 7, 8, 9,-and especially
the role of intelligence in today's world and lives, in service of their country. 11, 12, and 13, of Senate Resolution 21.
to make recommendations regarding the type
ake t ese points for the Finally, the-select committee is di-
ld u
t
I wou
s
m
i
hi
a
ve
._,
ligence.. objectives which are seemed ue cos- Aegis-
- --- - ~, and stud of the extent and necessity of
sary and proper. ' . by the. committee -that will be. carryin, Y
overt and covert intelligence activities
some may perceive the proposal before us. on this activity
as fraught with implications of sensational- First. If anyone needs reminding, there in the United States- and abroad. I cite-
ism and headline hunting-an approach have been a series of revelations over section 2 of paragraph 14.. - - -
which we clearly cannot afford and which th
,,.,mot decade a.nrl a half that point Fourth. It will be difficult for the
e
s
---o -- ----
made clear. But in this year-so soon after fu~au,gen e z gc,.a =c
Watergate-we. cannot leave in doubt the assigned tasks, not only the lack of co- date entrusted to it, no matter how great
-:.. --H- e?,4 its dplpaated nowers. and no matter how
operaaionsauusw~iva~=oar= b .. -_------ va~a==.=.?_.,__ -- In such sensitive and significant endeavors, national policy as declared by the Pres- much access to secret documents and--,
We must instead place our important Intel- ident and Congress, not only to the fail- processes is guaranteed in the. words of.
ligence-gathering activities on a sound and ore of these agencies to communicate the Pastore resolution.
viable basis. In this case, skeletons in the with one another and with the President Just how does it investigate matters "
closet are likely to haunt us not only at
home but also abroad, not only on security and the standing committees of Con- that, in their essence, depend on not . .
issues but also in domestic politics. They gress-but, also, and more alarming-to being seen? How-will the select commit
must be laid to rest. . their power to subvert the Constitution tee know when it is not getting what it
The alternative is to let matters ride, to and threaten freedom here at home while needs to know to get at the full facts?- -
permit a series of well-intentioned but over- damaging-in the majority leader's . These questions are . without'' easy.
lapping investigations proceed, to divide ef- words--"the good name of the United answers.
forts at a time when prompt and comprehen- States" abroad. Section 3(a), paragraph 11 of Senate
sire action is needed.
Thus, the preferable course, it seems to me Further, it must be admitted, their Resolution 21 is of great importance. It
is the creation of F. special committee (1) power was often misused at the direction grants the members and. staff of the
her authority in the executive select committee "direct access" to any
Con-
i
f hi
ous
g
o
sentative of the var
broad g repre gressional concerns on intelligence (2) dedi- branch-or with the acquiescence of data, evidence, information, report,.
rela-
sis or documents or papers"
anal
i
y
ng .
cated to a thorough investigation of ques- higher authorities-and with a know
tioned activities and current intelligence op- wink or willful ignorance on the part of ting to the investiagtion in the possession
eratiors and a reexamination. of the role of many members of Congress. of the intelligence agencies, -
intellidence operations in our society, and (3)
charged with the responsibility of making Second. But the problem goes beyond Despite this clause, it can be predicted-
recomnmer.dations to the Senate as e:tpediti_ the CIA, the FBI, and other intelligence that this information in some in-
will be given up with great
stances-
n relations
ei
d f
.
g
or
ously as possible regarding both necessary agencies. It goes beyon
corrective actions and the future structure. It goes beyond civil liberties at home. reluctance and, indeed, some of it already
and relationships within the in- 1-Jere the great issues of national sec- may have been destroyed.
thorit
au
y
telligen=e co n n~u~ity. lenity and individual liberty are inex- Further, there will be a tendency for.
I he::e.e Senate Resolution 21 will accom- tricably linked. We have to get some personnel of the intelligence agencies to
plus this and that .adoption o1 it would he a perspective on ourselves, on our origins, use the classification system as a means
rig'at more in the right direction. - on our immediate past, and on our fu- of avoiding full testimony before the se-
Mr. PASTORE. I now yield to my dis- tore-as we proceed from the aftermath lect committee. That is, they may "tell
tingu.shed colleagues from California. of the Cold War to what appears to be the truth" or provide the facts at the
Mr. CRANSTON. I than!k the Senator an ci-a of interdependence in a multlpo- "top secret" or "secret" level, but not -
very much for yielding. iar world. include information available on a given
I want first to thank the Senator from The Iundantental problem-As we ap- subject at a higher level of classification.
T1 executive or-
Rhode Island for his v 'ft~-fZfl~@t&ti s2 W 31 sf OO~ftM~ i,executiveprix-
ers_zip in this matter. Z/i bout his help constitutional governmen in a n1 e
 S 970
Approved For Release 2001/09/03 CIA-RDP83B00823R000700040040-3
CONGRESSIONAL RECORD --SENATE January 27, 1975
ilege" as shields of justification for not sitive-that bear upon the matters and
telling all they know-even though they - questions posed in Senate Resolution 21.
are under oath. in this regard. any classification-de-
Fifth. This problem could be greatly classification system employed should be
alleviated if the Senate through its select devised by the-select committee-in co-
committee was guaranteed the full and operation with the executive branch, if
active support of the Ford administra- possible. After all. one of the issues at
tion in this inquiry. - As Walter Pincus. stake is, secrecy itself. The emphasis
pointed out in Sunday's Washington. throughout should be on sharing the-
Post, such an investigation must Inevita- maximum amount. of information with.
bly end up questioning the past policies the public.
and practices of Presidents and their Seventh.. In conclusion, several ele-
staff. ments are required for a successful in-
Perhaps a confrontation with the
White House and the bureaucracy is in-
evitable as the investigation proceeds-
From the start, there are, some powerful
incentives for a cover up. The Senate
should understand this reality now.
Already we see a former Director of
the CIA, Mr. Helms pointing the finger,
of responsibility at one dead President
and at another who is incapacitated
and who, so far, has managed to avoid.
coming into court or before a congres-
sional committee. This same man is
known to have destroyed documents
bearing :n his tenure as Director of the
CIA.
Further, the present Director of the
CIA in his recent report apparently
pointed to his predecessor and previous
administrations as. being responsible for
acts of wrongdoing. The Senate should
be reminded that this same man had
spent his entire career on the operations
side of CIA before he became executive
director and later director. Mr. Colby at'
one time directed- the controversial and
perhaps dubious Phoenix program In
Vietnam, and at one time he was deputy
director for operations, DDO, in the
CIA-with, responsibility for counterin-
telligence and domestic ., operations
among others.
This investigation cannot succeed
without determining the individuals re-
sponsible for illegal and improper acts--
be they in the Oval Office, the National
Security Council-and the 40 Committee
within it-the.Presldent's Foreign Intel-
ligence Advisory Board, the U.S. intelli-
gence Board, or in the individual agen-
cies. A number of the persons involved in
past actions still serve in high positions
in the Government.
So while the select committees' inves-
tigation must not degenerate into a witch
hunt, it cannot be a picnic, either. For
here are hound to be a lot of skeletons
in a lot of closets. Individuals and agen-
cies involved in wrongdoing or ques-
tionable practices must be identified. Or
else the American people will be ill served
Some have stated that this investiga-
tion must not be a "TV spectacular." But
it must not be conducted behind closed'
doors, either. "Protecting the national
security", arguments must not stand in
the way of the American people's full
understanding of this problem, and they
must not stand in the way of publicly
assigning responsibility for past actions.
Again, the fundamental issue is account-
ability and responsibility under a consti-
vestigation. and study: A continuation of
aggressive investigative reporting on the
part of the press, and I know that will
occur; a select committee with members
and staff interested in. getting all the
facts and sharing them with the Ameri-.
can people to the extent possible; the
full cooperation of the executive agen-
cies involved; sources and witnesses who
are assured of proper protection along
the way.
Again I thank. the Senator from
Rhode Island, the majority leader, and
the many others for the magnificent
work that has brought' us to this point
on this day.
Mr. TOWER. Mr. President, I yield
myself such time as I may require.
Mr. President, I will be very candid
with the Senate. It was my original feel-
ing that this. matter should have been
contained within the Committee on
Armed Services which does have over-
sight jurisdiction over the CIA. But in
the spirit that this resolution has been
offered by the distinguished Senator
from Rhode Island, I am certainly pre-
pared to accept it,?because I think that
the Senator from Rhode Island has set
the right tone for the conduct of this In-
vestigation and the subsequent conclu-
sions to be drawn from it..
I think-that some examination of the
domestic activities of our intelligence-
gathering organizations should be in-
vestigated and I think perhaps such an
investigation is overdue.
I think it is essential that agencies in-
volved in this kind of work be proscribed
from activities that either violate their
charter, their congressional authoriza-
tions, or militate against the individual
freedom of the American people.
I think, to that end, this Is the most
Important thing that our committee can
do or that the select committee when It
Is chosen can do.
It is my view that we can develop con-
structive legislation that affords such
proscriptions and such protections. I
would express the hope that has aireedy
been expressed by the distinguished Sen-
ator from Rhode Island that we can con-
duct our work in a responsible way, so
as to preserve the confidentiality of mat-
ters that impact on the national security
of the United States of America.
We must recognize that our adver-
saries and our potential adversaries have
had a sophisticated intelligence-gather--
ing organization, that they have an ad-
vantage over us in that they operate in
this country in a free socie , and in most
respects in our operations abroad we op-
safeguards for our legitimate operations
abroad.
I am hopeful that w& can observe the
need to conduct many of. our delibera-
tions in private..1 think that although
the objective set forth by the distin-
guished Senator from California is de-
sirable, that as much as possible they be-
open to the public, there are going to be
times, I think, when we can elicit more
information and more significant and
more penetrating and in. depth infor-
mation, if we go. into executive session..
So I - think that what we must do is -
have a balanced approach here, recognize
that we have to- correct abuses, recognize
that we must compel our intelligence-'
gathering operations to conduct them-
within the purview of the law that
selves
authorizes them. and at the same time
recognize the vital interest of the United.
States from the geographic, strategic, po-
litical, tactical, economic situation that
we find ourselves. in and make sure we
do not hobble ourselves and render our-
selves at such a disadvantage that we
cannot maintain the kind of internation-
al posture we need.
I might mention. one other- thing, Mr.
President, and that Is not only the neces-
sity to protect some of our agents or some.
of our covert operations abroad, but. also
the confidence placed in us by foreign
governments. We must, I think, be care-
ful not to. embarrass. foreign govern-
ments, not just friendly governments, but
perhaps- some mutual governments and
some that may not appear to be so
friendly that may have supplied its some
cooperation; and I would. hope we would
take care not to embarrass governments
of these countries.
With the proper care, I think it is per-
fectly correct that we embark on this
course today.
I am delighted to yield to the Senator
from California. ?
Mr. CRANSTON. I thank the Senator
for yielding- .
On one point he mentioned, I recog-
nize that there will have- to be closed -
door sessions, first, in order to get such-
information, that would not otherwise be
made available, and that the committee
will need. I recognize the reason for his .
amendment. I think it is quite appro-
priate.
I would like to ask one question and
make one Point about it. -
First, I think, as I said in my earlier
remarks just now, that the committee-
must control the classification and de-
classification process, hopefully in coor-
dination and cooperation with the ad-
ministration, but It cannot get itself into
a situation where it is unable to do cer-
tain , ork that it feels it must do.
in regard to the specific amendment
that the Senator has offered, under his
amendment how do we prevent theexec-
utive from abusing this authority?
For example, suppose they did not
cooperate
r''lr. TOWER. If the Senator from Cali-
fornia will withhold on his question, I
was going to engage in colloquy with the
Senator from I.hode Island on this mat-
of polio; in the inf>tpprO ' eAM/p l ` x !1 3 ?8`~13R O1
and m cn more t !lit o r. 7
cannot be discussed in open hearings
,
all. facts bared-except for the most sen- I think we do have to afford adequate this out.
r
ne.
. ) n we will bring all
-
 Approved For Release 2001/09/03: CIA-RDP83B00823R000700040040-3
January 27, 1975 CONGRESSIONAL RECORD-SENA' 'R
Mr. CR-A.NSTON. Fine.
Mr. TOT4".-_R. So that we will make It
clear what everyone means and intends;
but I ',:,irk the distinguished Senator
from Mississippi has been seeking the
floor and has been very patient, so I
would like to yield to him, and then we
will take this matter up subsequently.
Mr. C-2- NSTON. Certainly.. I thank
the Senator.
Mr. TO :iW R. r yield to the Senator
from M. ssissippi such time as the Sena-
tor requires.
Mr. STENNIS. Mr. President, I thank
the Senator from Texas.
At this point, at least, I certainly will.
not require over 20 minutes, so we can
just lim?.t it to that.
Mr. President, after a conference with
the Senator from Rhoda Island and the
Senator from Texas, I send to the desk
an amendment to the proposed resolu-
tion and ask. that it be considered now.
The PRESIDLNG OFFICER. The
amendment will be stated.
The assistant. legislative clerk read as
follows :
The Se :a,.or from Mississippi proposes an
amendment, at the end of the resolution, to
add a new section as follows--
Mr. STENNIS. Mr. President, I ask
unanimous .onsent that further reading
of the amendment be dispensed with.
lvir. M. NSr ELD. Why not let him
read it?
Mr. STFINIS. All right, I withdraw
that.
- The PRESIDING OFFICER. The clerk
will read it in full.
The assistant legislative clerk. read
as follows:
At the end of the resolution add a. new
section as follows:
S=c. 7. he select committee shall insti-
tute and carry out such rules and procedures
as it may deem necessary to prevent (1) the
disclosure, outside the select committee, of
any info= ..ation relating to the activities
of the Cen tra. intelligence Agency or any
other depa-ment or agency of the Federal
Governme= engaged in intelligence activi-
ties, obtained by .he select committee dur-
ing the course of its study and investiga-
tion, not sosc:.`_caliy authorized by the se-
lect core: ?ee to be disclosed, and (2) the
disclosure, outside the select committee, of
any information c:hich would adversely af-
fect thei _`elli;ence activities of the Central
Intelligence A_cncy in foreign countries or
The ?ntell:,once activities in foreign countries
of any o-ner department or agency of the
Federal Co-e=nment.
Mr. PAS' -rORZ. Mr. President, will the
Senator .-ld ?
Mr. STEN IS. Yes, I am glad to yield
to the Senz'or from Rhode Island. I want
to state rear briefly what the purpose is,
but I3'le'_= sio-.
Mr. P.SS TORE. r or the purposes of the
RECORD, ?.,_.'~i the Senator in explain-
ing his .._.=r. -men t, which I am going
to accept. e`_'pi L'1 what he means by "not
specific . .uthorizec"?
Mr. S'i ENNIS. Yes.
That is oi- the second part, is it not?
Mr. P ` D :'-E. Yes.
?fir. Sll-N-NIS. Mr. President, this
amer_c~-neat r__..'cs to what we ordinarily
out by the-.committee itself or its mem-
bers. It just requires that such reason-
able rules and regulations as the com-
mittee may see fit be established by the
committee regarding disclosures of in-
formation that might, in the second part,
affect intelligence abroad..
But going back to the first one for just
a moment, this relates to disclosures by
those,other than the committee, staff
members or anyone else that might come
in contact with this information..
In other words, the committee itself
Is called on by the Senate. to make these
rules and regulations.
Now, with reference to foreign intel-
ligence or intelligence activities abroad-
and that is what my plea is for here to-
day, the protection of this foreign in-
telligence--there we are trusting the
committee to write rules-and procedures
to. set out for themselves and staff mem-
bers regarding. this foreign intelligence.
Mr. B_iKER. Mr. President, will the
Senator yield briefly for a question?
Mr.. STENNLS. I am. responding to a
question of the Senator from Rhode Is-.
land.
Will the Senator restate. his question
with respect. to paragraph 2?
Mr. PASTORE. I was wondering if-the
word "specifically"' was. not rather redun-
dant. If it just. said "not authorized by
select committee," that would not lead
to any controversial confusion.
Naturally, the authorization would
have to be explicit. The word "specifical-
ly" for the time being, without knowing
within what context it was inserted in
the amendment, disturbs me for the mo-
ment, unless. it is more explicitly ex-
plained. I thought if we just said "not
authorized by the Select Committee". it
would be enough.
In other words, I do not want the com-
mittee to sit down and begin to write a
bill of particulars every time they are
going to authorize some disclosure.
Mr. STENNNIS. What line is the Senator
referring to? I see it. That is before the
second paragraph.
That relates to staff members.
Mr. PASTORE. I know that. This whole
amendment relates to staff members. I
quite agree with the Senator from.Alis-
sissippi. I hope that the staff does not
begin to hold news conferences. That al-
ways happens. They just take this whole
thing over. I think if there are going to
be any news conferences, they should be
by the chairman or the members of the
committee themselves. But in the past we
have had the sorrowful situation that
staff members.fall over one another to
see who can tell it to the press first. I
think everything should be told to the
press that needs to be told to the public.
I think the public understands that.
Mr. STENNIS. This is not to prohibit
that kind of information.
Mr. PASTORE. I know that. But I was
wondering if the word "specifically" is
not a little too tight for the committee.
If we said "not authorized by the com-
lnittee," I thin':. we a ccomplisll the
objective.
at we were trying
Mr. STENNIS. W
h
} r,~, Q
are not exP21 r PNa'tit?fdliYeYt' Ale S IYIMoP&P,ft
S 971
covered. In any way. very pl3.inly, that
there was no prohibition on it. I do not ,
think this puts too much of a burden.
The Senator is opening up all of these
files.
Mr. PASTORE. No. '
Mr. STr` NNIS. The resolution does. I
do not mean the amendment does but
the resolution opens up the files. We just
have to have a safeguard.
Mr. PASTORS. I do not think we are
meeting on our intent here. I am not op-
posed to the Senator's suggestion that
the matter of leaks should be prevented,
and that the staff should. not disclose
anything- without authorization by the.
committee. The only thing. that bothers
me is that he. is tightening up the obli-
gation and responsibility of the commit-
tee a little bit too much by using the
word "specifically:' If he left the word. -
"specifically" out, I think ha would ac-
complish his purpose and not- open it
up to debate every time there is the %
question of disclosure.
Mr. STENNIS. The main.'point here is
to have something' explicit in writing by
the committee as to rules and proce-
dures. When we nail. that down, explic-
itly, how it should be. done,,.. then we
cover the waterfront.. . .
We can strike out the word "speci. -
Ically."
Mr. PASTORS: Will the Senator strike
it out? ?
Mr. S'ITNNIS. Yes. . '
Mr. PASTORE. If he strikes it out, I .
would accept the amendment..
Mr. STENNIS.. With the understand-
ing that this still carries with it. ---
Mr. PASTORE. With the understand-
ing that the committee and only the -
committee -has the authority to disclose.
I will admit that.
Mr. STENNIS. It is better to be case-
fur here than to be sorry later- This is.
not directed at the committee- -
Mr. PAASTORE. I know that..-
Mr. STENNIS. This is putting the
Senate in a proper, position_ I. think it
will help the committee to have the Sen-
ate go on record here in making this one
of the ground rules, so to speak.
Mr. PASTORE. Is the Senator willing
to delete the word "specifically."
Mr. STENNIS. Yes_
Mr. PA.STORE. With the modification.
I will accept the amendment.
Mr. YOUNG. Will the Senator yield
for 3 minutes? I support the amendment.
Mr. S'rENNIS. I do not have control.
of the time. The Senator from Texas
has control of the time.
Mr. BALER. Mr. President, I ask the '
Senator from Mississippi it he will yield
for a question on his amendment. ?
Mr. STENNIS. All right, and then I
will yield 3 minutes to the Senator from
North Dakota out of my time. I yield
for a question.
Mr. BAKER. This is a question of
clarification. This amendment, of course,
Is an antileak amendment. ?I think that
is fine. I hope- we succeed. We failed
miserably in the Watergate Committee.
Our former colleague and I tried in every
way we could. It did not work.
There are some matters of sensitivity
that have not been leaked, but are still
 8972
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CONGRESSIONAL RECORD-SENATE January 27, 1975
Paragraph 2 concerns me. It says:
And, number 2, disclosure outside the
commutes of any information which ad-
versely affects the intelligence activities of
the United States.
ele, or anything else-about things that
were disclosed to them in these proceed-
ings. I think that is a matter we have to
trust to the discretion, of the commit-
tee. Under present law we have to. I be-
it would appear on its surface to say lieve the Senator raised a good point.
that if we stumbled into a matter such, Mr. CURTIS. I certainly am for the
as the Chilean situation, the Bay of Pigs, amendment of the distinguished Senator,
or the Lebanon incursion, notwithstand- but I believe we have to rethink our posi-
ing that it might appear to the Commit- tion on some of these things. Here in- this
tee to be something that ought to be country if someone discloses a tax return,
dealt with in' the Congress, we should he has violated a criminal law and can be
not disclose it. Punished. If he discloses secrets vital to
Will the Senator from Mississippi re- the security of the United States, he is
assure me that that is not the purpose apt to defend it as the right of the people
of paragraph 2? to know. We have, certainly, a right to
Mr. STENNIS. No. that is not the pur- not only make it a law violation to dis-
pose of paragraph No. 2. We tried to close, but there ought to be a penalty to
wrap it up in such a way as require it.
rules of procedure In the committee I thank the Senator.
which I understand to be the feeling of Mr. STENNIS. I thank the Senator.
the Senator from Tennessee. If there is no further discussion, could
Mr. BAKER. If there appears to be we have a vote on the amendment?
conduct by any agency of the U.S. Gov- The PRESIDING OFFICER. The ques-
ernment that appears to be improper or tion is on agreeing to the amendment, as
exceeds its jurisdiction, that would not modified, of the Senator from Mississippi.
be limited by paragraph 2 of this The amendment, as modified, was
amendment? agreed to.
Mr. STENNIS. This does not put a Mr. STENNIS. Mr. President, I - ask
limitation on the committee. It requires unanimous consent to yield 3 minutes to
the committee to proceed under rules, the Senator from North Dakota without
reguiati:kns, and procedures. But these losing my right to the floor.
things are still left in the hands of the The PRESIDING OF'F'ICER. Without
conlsnittee. objection, it is so ordered.
Mr. BAKER. I thank the Senator. Mr. YOUNG. Mr. President, I see no
Mr. STENNIS. It is a rule of the Sen- objection to a thorough examination of
ate by a guideline. the operations-of the CIA, the FBI, or any
Mr. PASTORE. With the . Inodi?ica- other intelligence-gathering agency, but
Lion; I am willing to accept the llmend- I believe it can only be done effectively,
mei't? and without great injury to the agencies,
Mr. ST TIS. If no one else wants the by a relatively small committee and a
floor, can we have a vote on the amend- small staff. A big Investigating committee
ment`t Will the Chair put the question? with a sizable staff-no matter how well
The PRESIDING OFFICER. Does the intentioned-cannot avoid much of the
Senator from Mississippi modify his information that develops at the hearings
amendment? being leaked to the public, thereby be-
M=r. STENNIS. Yes; by striking out the coming easily available to the intelligence
word "specifically" in the sixth line from agencies of Russia and every country in
the bottom. the world.
The PRESIDING OFFICER. The ques- If the pending resolution involved a
tion is on agreeing to the amendment -much smaller committee with only a very
the GRU, disclosed to Great Britain and
the United States a great deal of Inside
Information regarding how far Russia
would go in this missile crisis. He also
provided us with much other Information
regarding the entire operations of the
GRU and KGB-their two major intel-
ligence-gathering agencies. A book was
published regarding the Penkovsky pa-
pers and information which has been in
circulation for several years.
The. point I am trying to make, Mr.
President, is. that Penkovsky expected to
be caught and was caught. There was a 2-
day trial and he was killed. Here in the
United States there is not much of a pen-
alty for even the highest ranking intel-
ligence officer, a Member of Congress, or
anyone else for disclosing our most highly
classified intelligence.
Mr. President, the Washington Star=
News of Sunday, January 28, 1975, pub-
lished a very good editorial on the sub-
ject of intelligence and the forthcoming.
investigations entitled "The Great Intel-
ligence Exam." I ask unanimous consent
that it be Printed in the Rzcoan.
There being no objection, the editorial
was ordered to be printed in the RZCORD,
as follows:
Tiex GREAT I?-r*ts,rcENcE Exact
This Is the era of bosom-baring and the
country's numerous intelligence-gathering
organizations are not immune. As things
stand now, various committees of the House
and Senate are gearing up for investigations
of the Central Intelligence Agency, the FFed-
era! Bureau of Investigation, the Defense In-
telligence Agency and the National Security
Agency. We hope that these investigations
will be boiled down to, at most, one select
committee in the House and Senate. We also
hope that the investigations will be skepti-
cal, thorough and responsible. A witch-h.cnt
born of the peculiar sensitivities left over
from Watergate would not be helpful. A
careful analysis of this country's intelligence
p:obletns and legislation to remedy the mls-
.takes and deficiencies of the past are ver?
surely in order. A bipartisan congressional
Investigation is especially desirable, In- view
of the conservative complexion of the blue-
ribbon executive panel headed by Vice Presl-
dent Rockefeller whi
h i
l
l
ki
i
t
c
ng
s a
so
oo
n
o
as modified. minimal staff, I believe the security of CIA activities.
Mr. CURTIS. Reserving the right to this Nation could be safeguarded and the The difficulty, of course. Is that, when it
object and I, of course, will not object. investigation could be very helpful. I comes to intelligence-gathering operations.
I would like to ask a question. would hope that the meetings of the com- bosom-baring is a tricky procedure. The risk
Is there any penalty or enforcement mittee would be open to the public. If this is that too much public execst:re of P. highly
means to compel staff members of this were the procedure, then the public would whole sensitive S operation oion of out obuss government will put the
o goof of business, and imperil
-committee to not disclose information get firsthand information rather than the reputation_ and even the lives-of peo-
that their committee directs should not from leaks highly distorting the facts dis- ple Involved, to say nothing of the nation's
be disclosed? . closed in the hearings. - security. In the past, the congressional com-
Mr. S? ENNIS. It is a sad state of the Mr. President, I cannot help but be mittees with intelligence oversight responsi-
la.w, Mr. President, but I am quite doubt- deeply concerned about the future effec- too bilities have been squeamish ae- a tnquiring
ful that we have a law that really is tiveness of the Central Intelligence Agen- entp into these clandestine- al The,
present danger Is that post-Watergate gate zeal-
drawn to cover situations of this kind. cy. No intelligence operation-particu- otry, Inspired by news stories of a "massive,
We have the old Espionage Act of 1918, larly involving clandestine operations in Illegal domestic intelligence operation"
which specifically requires there must be foreign countries or involving some of mounted by the CIA a few years back, will
.an intent to do harm to the United our most advanced technology, especially Iea-d to excesses of revelation.
States. Tt is a kind of wide-open proposi- in defense areas-can be publicly dis- For our part, we remain unconvinced that
tion which is, in itself, a very strong closed without endangering our sources the charges have much real foundatton.
argument here for the adoption of this of information, the lives of those involved From what has been revealed so far-mostty
by CIA Director William E. Colby to a House
amendment. It puts In some kind of an in this type of intelligence operations, Appropriations subcommittee-it appears
obstacle. A staff member, if he violated and the very effectiveness of an intelli- that the agency was involved In a program of
the rule, would violate a Senate rule. It gence-gathering organization. Russian internal Surveillance of certain domestic die-
would not have any criminal penalty at- intelligence agents, for example, would sirlent groups suspected of having connec-
ta^hed to it, but it would be a rule to only have to read our publications to tions with foreign agents. CIA agents were
that extent. obtain information highly- valuable to "Inserted" in some of these organizations.
I hope the committee will get a prom- them. some mail between American citizens and
Communist correspondents was read, and
ice in advance that no one is going to About 12 years ago when we had the files-largely furnished by the FBI-were
write a book-that no staff me b is missile c,C' ~ople. In addi-
going to write a boob 6i'F '~dth1E1 ~3 13fJJ. oHit~~~Yi~+ta Rl'o ~~~ll~ da ! ~n lnvotted physi-
 Approved For Release 2001/09103 : CIA-RDP83B00823R000700640040-3 .
January 27, 1975 CONGRESSIONAL RECORD--SENATE
Cal surveillance, wiretaps and break-ins di-
rected at CIA personnel suspected of security
leaks and. In a few ca sea, those who were
thought to be receiving the Information.
In Colby's opinion and that of his immedi-
ate predecessor, Defense Secretary James R.
Schlesinger, the CIA, In this period, may
have overstepped the strict limits of its
charter. The various acts have been labelled
as "'regrettable" or "Inappropriate" or-in
the case of Colby-the result of "a miscon-
ception of the extent of the CIA's authority,"
Richard Helms, who was CIA director during
most of the period of anti-war fervor, stoutly
denies any impropriety on his part, The dif-
ference in judgment reflects more than any-
thing else the change-in climate is the last
two years.
But surely a large-part of the problem lies
In the ambiguity of the charter of the CIA,
written by Congress in 1947. In setting. up
the agency, Congress ruled that it should
have no "police, subpoena, law enforcement
powers or Internal security functions" wit1S-
in the United States--this areas, being strictly
reserved to the.loag-established' T1 - .
How realistic and workable this prohibi-
tion was is sharply illustrated by the events
under Investigation. Despite, the prohibition
against domestic spying. the director of the
CIA was also made "responsible for protect-
ing Intelligence. sources and methods from
unauthorized disclosure." He was also In-
structed by Congress to "perform such other
functions and duties relating to Intelligence
affecting the national security as -the lva-
tional Security Council- may from time: to
time direct." Between them, it can. be argued
that these directives provide ample justifies.
tion for the activities being denounced. as
"Illegal" And the evidence. Is. reasonably
clear that a number of former-directors be-
lieved this was indeed the case.
Clearly, the.iirst objective of the current
investigations must be to spell out more
clearly the rules under which the CIA-and
other intelligence agencies as welt--are sup-
posed to function. If all domestic counter-
espionage is to be more severely restricted-
a3 seems to be the mood of the liberal major-
ity--Congress will also have to figure out how
the CIA 13 to protect its "sources and meth-
ods from. unauthorized disclosure." One ob-
vious way, of course, would be pass a law
making It a crime for former CIA agents to
write books. But this woul& not salve the
larger problem: of trying to separate domestic
end foreign intelligence into neatly separate
operations..
Mr. STENNTS. Mr. President, how
much time do I have remaining out of
my 20 minutes?
The PRESIDING OFFICER (Mr.
DolwErnct). The Senator has 2 minutes
remaining.
Mr. TOWER. Mr. President, I yield 10
additional minutes to the Senator from
Mississippi.
Mr. STENNIS. As I understand, that
will leave me 12 minutes.
Mr. President, may we have order?
The PRESIDING OFFICER. The Sen-
ate will be in order.
Mr. STENNIS. Mr. President, my main
plea today is for the protection of for-
eign intelligence and intelligence sources.
I think.all-other matters do not add up,
in the range of importance with the
CIA's operations, to compare with this
collection of foreign intelligence.
stood, either, by all the people. There is a
great deal of -zentimeizt, even under-
standing sentiment, that would question
the necessity for the CIA, or the pro-
priety of having It.
Another- thins, Mr. President, is that
this is not a political issue, and CIA is
not a political agency of any kind. It
serves one President after another, as
they come. It makes no difference which
party that President belongs to and has
nothing to do, with political matters.
Primarily, CIA is a Government agency
collecting foreign intelligence of the most
highly sensitive nature.
To be effective,,it must be secret. If
intelligence facts are disclosed, they often
lose all of their value. If an adversary
merely infers that we have certain in-
telligence, of ten it. is no longer of value.
An illustration would . be work on a -
code
i,& purpose. of gathering intelligence
Is- to learn intentions and capabilities.
The first extensive foreign, intelligence
act ever passed by the Congress was in
1947. Ca'led the CIA, it has come a long,
long- way in the past 26' years. For il-
lustration, we no longer argue about a
missile gap, or a bomber gap.
-. In the broad and essential fields, the
CIA has done an extensive and effective
job in dealing with enemy capabilities
and intentions..
As we go through investigations, let us
keep in mind the, dangers from expo-
sures. Exposures can. be a. matter of life
and death to Americans. abroad as well. as
friendly foreigners. This opinion. Is
strongly shared by many highly respected
persons, Including Director Colby, who
have been a part of the operations and
know the facts first-hand. Friendly gov-
ernments and friendly foreigners will
greatly reduce, If not terminate their co-
operation and assistance. They already
have. The information flow has been
greatly reduced. Our relations with other
nations have been strained. Exposure of
sensitive facts through hearings, through
pressures, through staff members, or
through other sources, regardless of the
good intentions of the actors, comes at a
price we cannot bear.
In a time of nuclear weapons, with the
power to deliver warheads on target from
continent to continent, we must have re-
sponsible information from many foreign
sources. Further, our ships at sea, our
military manpower scattered throughout
the world in support- of many commit-
ments voluntarily made, are all in need
of the fruit of intelligence gathered
around the world. .
The President, all Presidents, have to
have this worldwide Intelligence in for-
mulating foreign policies, including trade
and other economic policies. formulated
with nations around the world.
Intelligence comes from several
sources, but much of it comes from our
CIA agents abroad. In my travels, I have
found them to be excellent men, capable
and loyal, with a steady stream of highly
valuable and responsible information.
expressed on the floor of the Senate as They often get blamed-but by and people that foreign intelligence supplied
to the necessity for CIA and other Intel- large, they continue to carry on. by th6 r.T is absolut=l
--
e
S9739
men, to tell them they are appreciated,
and to ask them to carry on under highly
adverse conditions-
From some of this intelligence, we
make decisions in the Congress as to
military weaponry. We often save great
.sums of money, because this intelligence
lets us know what weapons to avoid
-building as well as, what weapons are -
most probably needed. Without. the In-
telligence gained under the CIA direc-
tion, we would not have -known of-the
missiles in Cuba until they were actually
fully installed. and we were directly un-
der the gun-
- Indeed, U.S. Intelligence, on which the -
CIA sits at the top, has come a long way
over the past - two decades. We have
reached the point where the SALT agree-
ment Is possible, because we- can. now -
verify what they have- in. being. A num-
ber of other treaties have also been pos-
sible, because of ourvertificatioa process.
Under Director Colby, I feel that the
CIA is now operating in. a fine way, en-
tirely within the law. I shall do-my- part
in keeping it that way.
The organic act creating the CIA. needs
some amendments which tighten up- the
present law. Our committee has given
some major amendments which I intro-
duced in late 1973, special attention: in
1974. I. assisted Senator Pnoxannz with a
similar major amendment offered by-him
to the military authorization -bill It
passed the Senate wit t my active sup-
port and we made a strong effort- at.
the conference in behalf. of the amend-
meat. It finally lost at conference be-
cause- it was not germane, but the con-
ferees for the House supported the idea
of hearings- which the House has started..
We shall continue our efforts on that
amendment and others-
We may have certain intelligence of
great value to us. But. if. It is known to
our adversaries that we- have it, or if
they suspect that, we- have it, then it -
turns to ashes in our hands and. is of
no value- whatsoever.
Illustration. Hundreds- of millions-.of
dollars-invested in electronic devices can
become- valueless overnight if it be-
comes known we have such devices..
Our committee shall continue to exer-
cise committee jurisdiction on legisla-
tion regarding the CIA, and also exer-
cise surveillance over its operations, and
such other activities connected therewith
as- may be-necessary.
We shall continue to have the Senator
from Montana (Mr. MAalsi ..n), and the
Senator from Pennsylvania (Mn Scoxx},
the Democratic and Republican floor
leaders and hence representing all of
the Senators, invited to all of our meet-
ings regarding the surveillance of the
CIA. I have discussed this with the-Sena-
tor from Montana on last Thursday and -
he expects to attend. The Senator from
Pennsylvania attended our session last
Thursday.
The CIA, of course must operate withi_-t
the law, but I want to emphasize to all
of my colleagues and to the American
y
ssaly or out
ligence agencies, but that view Is not One purpose of my remarks today is to President and his close advisers, Includ-
shared by all the peo*&5YV#@@lt FN fusers' 2N4/99 t1 W IRW 3BDG82MNO,40g3Qn of our military
 S'974 CONGRESSIONAL RECORD -SENATE January 27, 1975
tart' positions. In modem times this fa- by the select committee. of mistakes and they have to be cor
formation Is not merely needed, it is es- As determined by the committee. -rested. But we are not out to destroy
sential. After all, who Is going to make this intelligence-gathering.
Therefore, someone has to stand up for determination? We are not going to have I remember one time when I was sent
the CIA through foul as well as fair a debate by the members of the commit- by President Kennedy to Moscow to wit-
Weather, and make hard decisions and tee every time we get to a point where ness the signing of the Nuclear Test Ban
take firm stands, whether popular at this would apply. I am all for preserving Treaty. I was sitting on the porch of the
the time or not. I have done that and I the classification; the Senator from Embassy, together with Dean Rusk, at
propose to do just that in the future. I Texas knows that I am all for his amend- the time, and we were talking about a
shall not shirk this duty. ment, the spirit of it, the intention, the lot of measures. Finally, the Ambassador
This does not at all mean that I _pro- objective of it. But I think we should came out and said, "I suggest you two
pose to operate a duplicate or rival in- make clear that the determination ought gentlemen take a walk and do your talk-
vestigation with any select committee. to be on the part of the committee. ing because this place is bugged."
ill make no attempt to do that, but I When it says "sensitivity of the classi- This-place is bugged." Now, that is
I will'
will carry out the purpose, as I have fied information," who is going to deter- what the Russians are doing to us. As'a
briefly outlined it here. mine whether it is sensitive or not? We matter of fact, they did it right down
I thank the Senator from Texas for have to say here "the type of security there at the United Nations. They had a
yielding this time to me. clearance to be required in the case of bug, I think, under the American seal.
The PRESIDING OFFICER. Who any such employee or person shall, with- We all remember that.
yields time? 'in the determination of the committee, Let us face it: We are in a critical
Mr. TOWER. .Mr. President, I thank be commensurate with the sensitivity," world where we are being spied upon
the distinguished Senator from Mis- and so on. and, in order to know what they are
sissippi for his cogent remarks. Mr. TOWER. I should be glad to ac- doing, we have to spy on them. There is
I think it would be appropriate for cept that as a modification by the Sena- no question about that. But that has
me to thank him at this time for the tor from Rhode Island. nothing to do with many of these charges
splendid leadership he has shown in the Mr. PASTORE. That is what i want. I that have been made.
Committee on Armed Services. In fact, want the determination to be made by Nobody is out to destroy the CIA. Let
on numerous occasions, we have looked the committee, if we can work out that us get an understanding on this. No one
in depth at some activities of the CIA language. is out to destroy military intelligence. No
and it has not been generally known Mr. TOWER. That suits me splendidly. one is out to destroy the FBI. Let us make
that we have. I think the Senator from As a matter of fact, if the Senator will it all clear.
Mississippi has always measured up to read that language again, I, think that. On the other hand, this is an open
his responsibility in the highest tradi- would be a suitable modification, society. All we are saying is that there
iron the Senate. Mr. PASTORE. The type of security are some things that have been wrong,
Mr. . President, may I Inquire how clearance to be required in the case of and under the pretext of either national
security or secrecy, private rights are be-
The time I' have left? any such employee or person shall, with- sec sec violated unnecessarily. priright is all we
The PRESIDING OFFICER. The in the discretion of the committee itself, Ing Senator has 15 minutes remaining. be commensurate with the sensitivity of are trying to eliminate. That is all we are
Mr. TOWER. Mr. President, I send to . the classified Information to which such trying to do. It is as simple as all that.
the tiled an amendment and ask that it employee or person will be given access I am perfectly willing to accept this
to the select committee. amendment with that modification.
be stated.
The PRESIDING OFFICER. The clerk Mr. TOWER. I will accept that Ian- Mr. TOWER. The modification has
will state the amendment. guage as a modification by the Senator been accepted. The amendment has been
from Rhode Island. . so modified.
Mr. TOWER. May I call to the at- - The PRESIDING OFFICER. The I might say one other thing. I think
tention of my friend from Rhode Island amendment will be so modified. Will the this is partially for the committee's pro-
that I have now offered the amendment. Senator send the modification to the tection. If we did not require clearance
The legislative clerk read as follows: desk? , of some sort, It is not impossible that an
?
At the end of the resolution add a new alien intelligence organization could
section as follows: The amendment, as modified, is as -penetrate the committee by inserting one
"No employee of the select committee or follows: of i s people on the committee staff. So I
any person engaged. by contract or other- No employee of the select committee or think we would want that kind of protec-
wise to perform services for the select com- person engaged by contract or otherwise to tion, because I do not think the commit-
mittee shall be given access to any clas- perform services for the select committee tee would ever want to be embarrassed
sifed information by the select committee shall be given access to any classified in.for-
unless such employee or person has received mation by the select committee unless such by finding, having failed to require any
an appropriate security clearance. The type employee or person has received an appro- kind of clearance, that their staff had
of security clearance to be required in the priate security clearance as determined by been penetrated.
case of any such employee or person shall the select Committee. The type of security Mr. BAKER. Will the Senator yield?
be commensurate with the sensitivity of the clearance to be required in the case of any Mr. TOWER. I yield to the Senator
classified information to which such em- such employee or person shall within the from Tennessee.
ployee or person will be given access by the determination of the Select Committee be Mr. BAKER. Will the Senator from
select committee." commensurate with the sensitivity of the lr 4.U t b
exas
ea
s
tt
Mr. TOWER. Mr. President, the
amendment Is somewhat self-explana-
tory. However, I think we should make
some legislative history on It. What Is
contemplated here is the type of Q clear-
ance which Is administered by the
Atomic Energy Commission and which
the Senator from Rhode Island is so well
faaniliar with. I should like the Senator
from Rhode Island to comment on it at
this time if he would.
illr. PASTORE. I have no objection to
the amendriment provided I get a fur-
ther explanation of the last sentence:
The type of security clearance to be re-
quired In the ca :,e of any such employee or
person shall be commensurate with the sen-
sitivity of the classified Information to which
r
s
ure me a y Se
ing up
classified information to which such em-
ployee or person will be given access by the these requirements for. classification, vie
select committee. _ are not setting up within the committee
in-
Mr. TOWER. What is conte_7rlpiated layers of access and levels of access to in-
formation that will be available to the
here is a simple type of Q clearance committee? What I have in mind is the
which is ordinarily required of Senate possibility that the committee may de-
employees. side that there is a requirement for seen-.
Mr. PASTORE. I realize that. Every 'city beyond even the requirements for Q
member of the staff of the Joint Com- clearance, a kind of "eyes only" classi-
mittee on Atomic Energy has Q clear- fication, and have someone say to Ho-
ance and has to have it. I think in this ward Baker, that he can read those 8,-
particular case, where we are dealing Coo pages, but his staff man does not
with classified information, covert ac-. have that clearance.
tivities abroad and domestically, I think Now, can the Senator assure me than
we have to have reliable people. We just nothing that is contained in this amend-
cannot afford to take a chance. meni: will in any way deprive any Mem-
Now, I ar_t all for this study and this ber of access, and his staff, if otherwise
investigation. I repeat, I do not ;ant to properly cleared?
Approved For Release 2001/09/03 : CIA-RDP83B00823R000700040040-3 ?
 Approved For Release 200.1/09/03: CIA-RDP83B00823R000700040040-3 S 975
juttl:ut'y 7, 1975 CONGRESSIONAL RECORD--SENATE .
-
Senator
. I do not perceive that it . or effectively, of any information that in question It to would decide be up to whether the he was
he receives. J Ir. TOWER
comes before this committee. If there the rules of the senate if he
are 10,000 pages of classified material, oI violating committee and at the same
would. In other words, for the protection
of the staff- read it, and the senatior
going was discussed the co any matter with somebody
that he is cannot
Mr. BAKER. What does the Senator cannot or it who did not have the proper clearance.
mean, he does not perceive that it would? tither, or it is unlikely Am I correct in that?
Is it his opinion that it would or would tOI be t able to. have that assurance. i
his in- f the Mr. BAKER in tel9?
not? senator from Texas win express Mr. PASTORS. That is. right. No one
Mr. TOWER. It is my opinion that it . derstaudine that this will not be used disputes that-
would not. Mr. disputes that. STENNIS. Mr. r. President, will the.
Mr. BAKER. Does the Senator wish a device to deprive eany ct of le ofdth it Senator yield fora question?
that to be included as part of the legit- tioMnr. TOWER It was thee Intention of Mr. PASTORE. Yes.
lative history? . I believe the Senator
ter of fact, the the Senator from Texas
Mr. TOWER. As a mat to establish what was talking about some-
part will determine. that hinks is the minimum requiremen Mr. t STENNIS.
staff.
BAKER. Dow ~ he wish it to be a thwe can establish; that is, some sort froze. Missouri cleara
one who was not on the
noted
f
who would was
a pt of the legislative iti not his ?r nder- ago that. t so conr people. that if we r ent - I not would not responsible think ththat c a n committee
as
amendment thaat it is is not h nave access responsible information.
this a ae d intention to the author of quired nothing, the committee staff - access to this hi , no-
ene-ga herin8 organization. Ihthink Mr. PASTORE. O O :hMay I say fn n-
to r. TOWEnt to ere not hmysintention? tion gcould be Pei
lcirTOWER. it is this would be particularly true of clerical ewer to my able friend, Mai Senator ' a
matter
. BAKER.. that situation. ewer tippi, Z was discussing this r from
to create
that that will occur? And it is not his belief heI think that the professional staff that with the distinguished senior Senator
M this staff;
and from t Teennessnessee distinguished.
bit. TOWER. I is not belief that is likely to w engaged will pray etting be
Senator on the he basis
co of hist,and
it will occur. But It is ray in
tention that' people who wall have no difficulty It -is not he is on tcods entirely tee--and I read he arance the we should not have people on the staff any intentioneto proscribenore to hobble ? if h is the the e commttee then d would be
who -
ho v;BA be security risks. his problem to see that the people on his
in. BAKER. We all share that con- the action of any Senator on the com- sffwon - it
ere to cleared to rthe people on is
tto- dMr.BAKER. Whose authority will be staff 'w the basis of receive
their e the ince; and
earn. keeping Let s very much hope we succeed
in hapileaks from oator- ing did not receive it if -they did not have
g-1U be. I assure the, Senator- that this required to gain the aranc that of adequate not clearance.
ts.
Trill ba he case as far as this Senator is the full committee o or the chairman and ~~. PASTORS. Provided they got the
concerned. But as far as I am concerned, vice chairman? permission PASTORE.
at the committee.
I option in good conscience see the Mr. PASTORS. By vote of the corn- S~ It wouit be a com . Mr. make part of an n this amendment committee that Privy will dMr. TOWER I should say the commit= tee responsibsibility. ' - ?-
writ-
mahl Poi li
the
partls s of sensitive the committee. material though while lega gally, rules rules has to to meet the and guidelines Mr. r. . PA TO E. That itwhy determinati I on ate at
part
BAKER Is that the Senator's committee."
f a practical matter might be deprived here.
o
of that information. Mr. BAKER. I entirely agree with that. -
Mr. TOWER. That Is my intention. Does the Senator from Texas? -
Mr. ? BAKER. PASTORS. Yes. Will the Assume for a Senator ex- mo- Mr. intention? PAST ORE. May we have the Mr. TOWER. The determination is to
plain that again? be made the committee, s . o cent that- the g com to the amendment amendment Mr- BAKER. Mr. President, one fur- difference. =ttee, in its dis- ~ BAKER. neces- F~ER And it can be made for
cret-th, according catdin security M. B KERca personal for
p se the Senator f ro Rhode Island pro- ther question, mxperi May: It toe enlist one's well as classification aff---
adopt and Senator r Tol.AiER accepted, sa, sa pars, Iyh TOIyEp Not for personal stag. 2
adept; some c We an tion on beyondd, sayy. personal seat, lelpin ve aspil or t*is hMr for any information rson the Se. I
s. Q e clearnce. We all knw there "ar- anyone, elsf, to help a ioriatla hio oI thin fors to has rmationl staff, a has
ante classifieti be d a Q clea piths on at han nd. - the personal his p rsonal st he has whatever clearance is ante. Supposse the the .tee nat sta al fully a ffcomes to fully ag toe that then the
e then tees should be Te' wator hether that staff sibmber ors to vine
pde-
h
staff im or lad saysselect, 'c i cannot gain access to required,and be fully investigat d. But quote er that st My y e ow pm p has an icy
rim do
tha ts that on nobody handles classified o
sent last soms t mto I hope there nv a the amen - marts on od staff unless they hcu-
: e to ut becaucause e the coommmitte ee says eras for that wou uld p pre st a, and that s mea
we Nav v to haxe an XC~i clearance re for clearance of h peersoe rsonal nal cea y wouhld Mr BAr TR That is the essence of my -
f I want nt to , o in b, be that cto the s, question. The answer t? e e e question ce of to
as a a a a ce
that as a m m s aer er o peace co mbe be s ehetee or - factact, ee s subject to the same rules as the Senator from Texas i he correct.We do anyon ne ile as a member of r t the fpm- committee staff. Mr PASTORS. exa ors confusing a
mittee, ss ail no ot r os tived of b- Mr Mr. pA PASTOR That s ttee no . he eery . simple PAS flung. Let get o plain. No
cu
fore th that any infor committeema. tition th that comees bee- S that on the nator joint in M souri h s had memb rs very son ,le t at Let usled i t prin. No
.cM
s t PASTORS. His amendment only of so staff wr have Q clearance ova Ms. they'ER. Rleaance
rear o do tot is sa ing staff members. not The b- at some of ruue clo it, ith the unless theo have cl- Mr PASTR Ei If a personal staff
to: is saying he does paant s t to be T They are entitled to its the p perr- member f any E. If a of rso al stat-
aonyone If a memmbenot er of has tbe e- mission of the comdmmitittee it t c. tee has that learem e, ho t she mn -
z nsie o on that staff hat mayy ing formperson who looks at should entitled to thea cnced a she can be
d ors noz the e cnicat ftm heacorn- information hts to . cleared. We e should enti a the committee gives permission.
f: its not get t t the c ar fro t the court be clear S MINt thb hatt. ly i the co mi President, that s my
tho re `.-ins he mult haust have re, he he cannot get tl eiSe ator y eld n3r President, "11 understandER.
tv info is nosh ZVIr. PASTORS. That is the rule of the
There is he one woneter that, be- Mr. TOtiVER. I yield to the Senator Joint Commite Tat is tc Energy nose.
cza-e 2 he is ct y ageet o it. ne nho determined thhat from r?SY INGTON. I thank my able I cannot say it more clearly than ghat.
h
1 ..r~ .w
:.Ir. EA l used ? Pi esident, lino friend from Texas. Mr. BAKER. Is that correct? -
:1 oun asst:red, v.h ich is the only y thing As I understand it, whoever is cleared, I ex- p eased that t the inncern tent onatof the staff, i srclehe be on the staff or off the Mr. ared for he nfo'mat on. He pol cy wll b Rset by the committee. I see
-
auth~~r . of the amendment, I will bP sat- is cleared for the information on the no reason why a maiority of e.comsatisfactorily.
S tho..-S not e o
isftzd I do not the clearance that mittee cannot work it out ~s ant~goi leFidP ea ~ 1S1~0 '~0 ~ 1 IA-RDP83B00823R000700040040-3
 Approved F&'fe'.2WWAOUbPMR0007000co'?/ 27, 1975
The PRESIDING OFFICER. The time
of the Senator from Texas has expired.
The Senator from Rhode Island has 32
minutes.
Mr. PASTORE. I think we ought
to get this amendment clarified further.
Mr. MANSFIELD. Mr. President, will
the Senator yield?
Mr. PASTORE. I yield.
Mr. MANSFIELD. I understand, Mr.
President, after listening to this debate,
that it is the Senate select committee, if
there is one approved by the Senate,
which has the final determination as to
who shall have access to what informa-
tion; is that correct?
Mr. PASTURE. That is correct.
Mr. MANSFIELD. No executive agency
shall determine directly or indirectly who
shall have access to information.
Mr. PASTORS. That is correct. And I
cannot be more explicit than that. I
would like to have the amendment read.
The PRESIDING OFFICER. The clerk
will read the amendment.
The legislative clerk read as follows:
At the end of the resolution add a new sec-
tion as. !ouows:
"No employee of the select committee or
any person engaged by contract or otherwise
.to perform services for the select committee
shall be given access to any classified in-
formation by this relect committee unless
such employee or person has received an
appropriate security clearance as determined
by the select committee. The type of secu-
rity clearance to to required in the case of
any such employee or person shall within the
de termination of the select committee be
commensurate with the sensitivity of the
classified information to which such em-
ployee or person will be given access by the
select committee.'
The PRESIDING OFFICER_ The Sen-
ator from Rhode Island has 30 minutes
remaining.
Mr. CRANSTON. Mr. President, Will
the Senator yield?
1,11r. PASTORE. I yield.
Mr. CRANSTON. The Senator from
Rhode Island, I think, has performed a
very useful service in making plain-that
the second part of this amendment is
finally in hand for decisionmaking pur-
poses of the committee.
Mr. PASTORE. That is correct.
Mr. CRANSTON. -But the first part
creates a similar problem.
1,1r. PASTURE. No, he added the words
for the first part, too; right at the end
of the first sentence he added the words
"within the determination of the select
corunittee."
1.1r. CRANSTON. I have a somewhat
similar question to ask; it is similar in
its implication, and I perhaps.need the
help of the Senator in figuring out what
to do about it.. '
With respect to the words "unless such
e-nploee or person has received an ap-
propilate security clearance," who gives
cccurity clearance?
:'r. PASTORE. Usually by the FBI
and all other sensitive agencies of Gov-
erament. That is the way they do it now.
Ir. CRANSTON. The question I ask
Is, how do you prevent, and just make
certain, that there is no abuse of this
by the executive branch? They would
not, I assume, try to hold down the staff
to zero, but they might improperly with-
-hold or delay security clearances.
Mn PASTORS. Th& Senator from
Montana just asked the question and I
answered it. It is not up to any agency
executive; it is up to the committee.
Mr. CRANSTON. Who is going to give
clearances, the committee or the execu-
tive?
Mr. PASTORE. The committee is going
to determine whether the clearance is
adequate and sufficient.
Mr. CRANSTON. If a staff person that
the committee wishes to use is denied
clearance by the executive branch can
the committee override and decide they
are going to hire that person?
Mr. PASTORE. Well, in an extreme
case, I would have to answer the Senator
in the affirmative, but I mean, after all,
I do not anticipate that. I do not antici-.
pate that trouble.
Mr. CRANSTON. I did not anticipate
it generally. I think we might anticipate
it in regard to certain individuals who
might render invaluable service to the
committee but who might be preferred
not to be on that committee staff by one
or another of the agencies we are talking
about.
Mr. PASTORE. Is the Senator saying
to me if for some capricious motive some
executive department refused to grant
a clearance, the question would arise,
would that put that individual out of
commission?
Mr. CRANSTON: Yes.
Mr. PASTURE. The answer is no. The
answer Is it is up to the committee to
make the determination.
Mr. CRANSTON. That is fine. I thank
the Senator.
Mr. PASTORE. OK. Does any other
Senator wish to speak before we vote?
Mr. BAKER. Mr. President, I am
happy to have this opportunity to express
my support for Senate Resolution 21,
legislation establishing a Senate Select
Committee on Intelligence Oversight.
As an original cosponsor of the resolu-
tion offered by Senators MA,`isPIELD and
MArHias, and as a strong supporter of
this legislation offered by Senator PAs-
ToRE, I believe this resolution to set in
motion a responsible study of the intelli-
gence activities carried out by or for the
United States is of tremendous impor-
tance.
In supporting the creation of a select
committee, as in sponsoring legislation
to establish a permanent Joint Commit-
tee on Intelligence Oversight, let me em-
phasize that it is not my intention to
criticize the distinguished chairmen of
the Armed Services Committee or the Ap-
propriations Committee, or the ranking
minority members of those committees.
They have done an admirable job in
carrying out the diverse duties and re-
sponsibilities of leadership on those com-
mittees. In my view, however, the far-
reaching operations of the some 60 Gov-
ernment agencies which conduct an in-
telligence or law enforcement function
demand the careful scrutiny of a select
committee created for that purpose and
charged with that responsibility.
Some have argued that Congress can-
not be trusted to participate in the crit-
ical and terribly secret operations of the
intelligence community. They cite the
fact that Washington has become known
as a city of leaks. I suggest, though, that
critics are losing sight of the explicit con-
fidence in which Congress has dealt with
national security agencies of the highest
order in the past.
In our past national conflicts, during
World War I, World War II, the Korean
war, and the war in Vietnam, the rule
has been confidentiality where required.
I am proud to serve on the Joint Com-
mittee on Atomic Energy, a committee
which is so ably chaired by the sponsor
of Senate Resolution 21, Senator PAS-
TORE. I believe I am correct. in saying
that, in more than a quarter century,
there has never been a security leak from
the Joint Committee, which daily deals
with what are perhaps the most sensi-
tive materials in the entire annals. of
the defense establishment. It Is evident,
then, that ample precedent. exists for
congressional participation. in such a
sensitive area. I am not' impressed by
those who contend that Congress is not
to be trusted with the truth.
A balance must always be made be-
tween the requirements of a. democracy
for public knowledge, and the require-
ments of its security and defense. When
a doubt arises, the people's branch of
Government must be privy to those re-
quirements and the pertinent informa-
tion required to make a balancing judg-
ment.
The outcome of the select committee
inquiry, obviously, cannot be foreseen.
I pledge my personal efforts. just as I-
know the other members of the select
committee will dedicate their efforts, to
seeing that our job is done thoroughly
and that we follow the facts whenever.
they lead without fear or favor. This res-
olution charters neither a whitewash nor
a witch hunt; it does establish a select
committee to carry out a sensitive mis-
sion as fairly and as even handedly as.
possible.
It is not my intention to carry out a
vendetta against the Central Intelligence,
agency, or against any established intel-
ligence agency of our Government. I be-
lieve that the CIA, the FBI, and other
agencies are necessary to the security, of
our national institutions when they per-
form their proper functions.
Serious allegations have been made,
? however, and it is the responsibility of the
Congress to weigh the charges, find the
facts, and determine what remedial ac-
tion, if any, is necessary to make sure
that an effective intelligence program is
maintained without endangering the
rights of our citizens.
Mr. President, I shall not detain the
Senate long. Everything has been said
which should be said, I believe. I am
pleased and I am gratified and enthusi-
astic about the action that I believe the
Senate is about to take. I think that it
signifies diligence and sensitivity and the
recognition of a necessary national pur-
pose. It speaks well of the viability of
this group as a great deliberative body
in support of the executive branch of
Government.
I have no quarrel with the CIA. I cer-
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tainly have no quarrel with the Senate
Armed Services Committee or its distin-
guished chairman. This resolution, how-
ever, is drafted so that it extends far be-
yond the CIA, to the entire intelligence
apparatus of this country. Some of my
colleagues may be interested to know
there are 60 agencies of the U.S. Gov-
erument that conduct some sort of Intel=
ligence or law enforcement responsibility.
There are 16 agencies of the Government
conducting intelligence operations other
than the CIA and the DIA, Defense In-
telligence Agency, and the FBI, which
have a combined budget of over a billion
dollars a Year. The intelligence. of the
Federal Government is an enormous
business. .
I became concerned about this matter
in the course of. Watergate. The stories
which have appeared in the press and.
been related by others to me since that
time have done nothing to allay. that
concern. It is important, I believe; that
we have a thoroughgoing investigation to
determine whether or not the agencies
Involved in the intelligence activities of,
the Government are complying with the
requirements of the law.
. But maybe-just maybe, Mr. Presi-
dent-there is one other thing that we
need to do to reassure not only Congress
but the people of this country, and that
is to make sure that the intelligenceecom-
munity and, of--course, to some extent
the law enforcement community, Is. un-
der somebody'.: control. They are not au-
. tonomol.s entities within a representa-
tive -democracy,' as I am sometimes
tempted to suspect..
We are not talking about a Republican
national administration or a Democratic.
I rather suspect that some of the prac-
tices that we see discussed in the public
I pledge, as well, that the public's right Mr. HATFIELD. Mr. President, will the
to know is second only to national sur- Senator yield? -
vival, and that when we are finished with Mr. PASTORE. I yield to the Senator.
the private portion of these hearings Mr. HATFIELD. Mr. President, I send
there will be a.public disclosure, a public an amendment to the desk and ask for its
declaration including the good and bad, immediate consideration.
recent and in the past. The PRESIDING OFFICER. The
It Is a terrible time we are in. We have amendment will be stated. -
not had a President who has completed The legislative clerk read as folllo:vs:
his term, in a sense, since President Ei- At the end of the resolution add a new sec
senhower. These are turbulent times tion as follows:
when we have set about the business of SEC. 7. As a condition for employment as
investigating ourselves to-the point where described in Section 3 of this Resolution, .
sometimes I. think we are devouring our each person shall agree not to accept any
public officials, oui leaders. - honorarium, royalty or other payment for a
When I permit myself the luxury of speaking engagement, magazine article, book,
or other endeavor connected with the inveeti-
thinking that, sometimes it also dawns gation and study undertaken by this Com-
on me that the investigation has been mittee. - -
pretty productive, and we have got to do Mr.. PASTORE. I will accept this
this one, too, not because we are bent on amendment, Mr. President
political cannibalism, but because it has
to be done. The PRESIDING OFFICER. The ques-
I believe, Mr. President, that it will be tion is on agreeing to the amendment of
a ? _
the Senator from Oregon.
done, and done effectively. The amendment was agreed to.
t
t
respec
I. pledge my efforts is tha
Mr. HATFIELD. Mr. President, I send
v I serve notice, 94 well, that I will deup another amendment for the purpose
vote every ounce of f my energy gy to seeing
- - - - -
that we find. all the facts and pursue :of colloquy.
. - . The PRESIDING OFFICER. The. ., _
them, wherever they lead us. amendment will be stated.
- It is far too late in my political career . The assistant legislative clerk read as_
to worry about whom I might hurt or :follows -
who might be injurad. _ on Page, 4, line 4, Insert after the word
Mr. HATFIELD. Mr. President, will the. ?agency" the following: "or any Committee
Senator. yield? or Subcommittee of the Congress."
. -
Mr. PASTORE. Have we voted on the On Page 5, line 13, Insert after the word,
amendment? "agencies" the following: "or any Commit-
The PRESIDING OFFICER. The ques- -tees or Subcommittees of the Congress". . -
tion is on agreeing to the amendment of Mr. HATFIELD. Mr. President, - I
the Senator from Texas, as modified by would like to ask the Senator from Rhode
the Senator from Rhode Island. Island a question because I may -with-.
The amendment was agreed to. draw the amendment after I have the
Mr. TOWER. Mr. President, will-the record 'made on the problem that -con-?
Senator from Rhode Island yield to me?
corns me so greatly. - -
-Mr. PASTORE. How. much time will a member of the Rules Commit-
the Senator require? tee, I am aware that we have brought
Mr. . TOWER. A couple of minutes. =
Mr. PASTORE. All right... ? ? . ' before in the requests from various com-
Mr. TOWER. Since- I have run out. of mittees and subcommittees in the Senate
time. for the budget to operate that committee. -
Mr. PASTORE. OS. The Internal Security Subcommittee
Mr. TOWER. I have an amendment -of the Committee on the Judiciary, dur-
here which I will either offer or not offer. Ing the presentation of their budget re-
it is copied directly out of the resolution quest on February 27, 1974, indicated
that authorized the select committee for that they kept records on various people
the Watergate investigation. ? in this country which they gathered
.It simply says: through intelligence activity. They had -
The minority members of the select con- files, names of people that could be con- -
mittee shall have one-third of the profes- sidered. as suspicious, and other such
atonal staff of the select committee (includ- characteristics as they indicated to our
Ing a minority counsel) and such part of the committee. .
clerical staff as may. be adequate. My only point is that I realize that this
Mr. PASTORE. Why not leave that to Is not a matter. of one Senate committee
the committee? investigating 'other subcommittees or
I think- committees where we have the word -
Mr. TOWER. The Senate resolution re- "investigation" on page 2 of our resolu-
quires 30 percent, I believe. _ tion today, however, we have some vari-
Mr. PASTORE. Yes. ous generalities as to what this commit-
Mr. TOWER. If the Senator from tee's authority may include.
Rhode Island will simply assure me the A prime responsibility is that it can
minority will get adequate staffing- look into, of course, any agency which is
Mr. PASTORE. It will be up to the carrying out intelligence or surveillance
committee itself. I will not have any au- activities on behalf of any agency of
'thority over the committee. the : ederal Government. -
D/Ir. TOWER. I think an undertaking I would like to ask the Senator from
by this side of the aisle would be honored Rhode Island if he considers that the
by the majority on the committee. - language is broad enough, on page 2,
Mr. PASTORE. All right, so I under- lines 8 and 9, to include the reviewing of
take it. the activities of the Internal Security -
Mr. TOWER. I thank my friend from Subcommittee of the Committee on the
forum began a long time ago, and maybe ,
included' activities going all the way back,
possibly, to the Eisenhower administra-
tion, the Kennedy administration, and
the Johnson administration. I think, Mr.
President, one of the major undertakings
of this committee ought to be to talk to
the last surviving ex-President we have
and to examine the records that are
available to us to determine whether or
not the President of the United States
knows what is going on in the CIA, the
DIA, and the FBI.
I want to be reassured in that respect,
and I confess I am not now. I suppose we
would run into the. ,questions of. -our
friendly adversaries on executive, privi-
lege and executive powers with respect
to those Presidential powers. I know for-
mer President Harry Truman declined to
grant certain information after he left
oface, but I think we ought to try. We
ought to find out not whether the CIA,
for Instance, was engaged in domestic
surveillance, but whether somebody was
running the show. I know Congress was
not running the show; and I want to be
relieved of that shuddering fear I have
that the White House was not, either.
So I pledge, if I am a member of this
committee, that I will conduct it as dis-
cretly and privately as I can commen-
surate with my responsibility.
I pledge that we will be careful to
tercets. nate
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 94 8 Approved For 070004004 3n1tar'?l 1975
relate to snu veillance activities or gather-
ing of intelligence.
Mr. PASTORE- Well, I mean, if they
so determine. I do not see how that is
apt to happen. The House already dis-
banded that committee. I hope we do it
here in the Senate, as well. But this is
a far-reaching authority.
If they so choose to do It, I would say
that they could, but I would not want to
amend the present resolution as it now
stands.
PMIr. H.ATF'IELD. Would the Senator
have any objections to the latitude and
scope of this committee being interpreted
to include some review or investigation
of activities of the Internal Security Sub-
committee, to see how it is collecting
data?
Mr. PASTORE. Well. If they have done
things as bad as the CIA or FBI, if It is
so determined, I do not see why any
Senate committee should be immune.
I mean, we have got to treat ourselves
as we expect to treat everybody else.
Mr. HATFIELD. Mr. President, I am
very happy to hear the Senator say this,
because it would seem to me if we are
basically concerned about the abridge-
ment of civil rights of our citizens
through the action of gathering intel-
ligence,. and so forth, of executive agen-
cies, we should be doubly concerned
about the procedures used by one of our
own subcommittees of the U.S. Senate.
I, for one, am not satisfied with the
answers I received from the chief clerk
of that subcommittee as he appeared
-before our Rules Committee.
I would like to think it is understood
that the resolution certainly carries with
it enough authority for that committee
under this resolution to look into these
activities of the Internal Security Sub-
committee, if someone brings that issue
up before the committee.
Mr. PASTORE. Or any other com-
mittee. -
Mr. HATFIELD. Or any other com-
mittee, but this one committee is already
involved.
Mr. PASTORE. But that is not the
thrust, I want to make it clear, not the
thrust of this resolution, but it would be
encompassed in it because it is broad in
scope.
Mr. HATFIELD. I understand, but I
would not want to exclude one of our
own subcommittees, if we are so anxious
to investigate the executive agency. That
is why I am raising the question. Con-
gress should look at Its own intelligence
gathering and file keeping also.
Pair. PASTORE. That is right.
Mr. HATFIELD. Mr. President, I with-
draw my amendment.
The PRESIDING OFFICER. The
amendment is withdrawn.
Mr. BARTLETT. Mr. President, will
the Senator from Rhode Island yield to
me 2 minutes?
Mr. PASTORE. I yield 2 minutes to
the Senator.
Mr. BARTLETT. Mr. President, I call
up my amendment.
Ths PRESIDING OFFICER. The
amendment will be stated.
The legislative clerk read as follows:
To :^etion 2 add a new subsection as fol-
lows:
Approved
"(16) Whether new legislation or an
amendment to any extsilug iegtsiation ahou;d
be enacted-to strengthen the national secu-
rity, intelligence or surveillance activities of
the United States."
Mr. BARTLETT. Mr. President, the
amendment adds to section 2. beginning
on page 3, one more paragraph, to insure
that the Senate further expressly auth-
orizes and directs the select committee to
make a complete investigation with re-
spect to the following matters, or ques-
tions. It adds the question of whether
there needs to be any bill introduced or
any amendment to strengthen the na-
tional security, intelligence or surveil-
lance activities of the United States.
I am aware, as the Senator from Rhode
Island knows, that section 4 on page 10
of the bill authorizes the select commit-
tea to recommend the enactment of any
new legislation or the amendment of any
existing statute which it considers neces-
sary for these purposes.
But I want to be assured that the ques-
tion will be answered by the committee,
and to know that In case there was no
forthcoming legislation that there would
be a definite and definitive answer as to
whether this question had been reviewed
and answered by the committee In its
recommendation.
Mr. PASTORE. I would suppose so,
otherwise this whole investigation would
be a nullity.
In other words, if nothing was found
and nothing was wrong, and naturally,
of course, they had given a bill of en-
dorsement, we would have to change
nothing by legislation.
On the other hand, if certain authority
was exceeded or the agencies went be-
yond the. parameters of the present char-
ter and got us mixed up in Laos, got us
mixed up in Chile, got us mixed up in
Cambodia and other parts of the world,
where they had no authority without
the consent of Congress, in that particu-
lar case, the committee would come back
and make a recommendation, if they
would find it necessary to do so.
I would hope, without encumbering
this with duplicate language, that we
would understand that these are legisla-
tive words of art when it says the select
committee shall have authority to recom-
mend the enactment of any new legis-
lation. They have the authority. I would
hope that they would exercise it.
Mr. BAR LETT. Will the Senator
yield?
Mr. PASTORE, What the Senator
wants to do is to say that they have to
make a recommendation one way or the
other.
Mr. BARTLETT. I am saying, if I may
say to the Senator from Rhode Island,
that they shall make a determination of
whether or not there is legislation needed
to strengthen the national security, in-
telligence or surveillance activici_es, that.
they shall make that determination. Is
the Senator assuring me that they will
make that determination in deciding
whether or not they will avail themselves
of the authority of section 4?
Mr. PASTORE. I would hope so. I
w ouid hope so.
Mr. BARTLETT. With that assurance
from the Senator from Rhode Island, I
The PRESIDING. OFFICER. The
amendment is withdrawn.
Mr. CRANSTON. Mr, President, will
the Senator yield? I would like to ask
one question of the Senator from Texas
regarding his amendment.
I assume that it was not his intention -
that the amendment would. be used to
deny a member of the select committee
staff of the knowledge of the existence
of a classification designation or a classi-
fied program. I ask that in light of the
fact that many documents and pro-
grams bear a classification that is actu-
-
ally higher than the secret which, 'itself.
is classified.
Mr. TOWER.. May I say to the Senator
from California I believe we have already
answered that question. It would be up
to, the committee to determine what kind
of clearance is required. That will be an
internal housekeeping -matter for the
committee. But the guidelines should be
laid down. I believe the committee would
want to be protected. I mentioned as a
worst case theory awhile ago that per-
haps a foreign intelligence-gathering
organization, in the absence of any in-
teilYgence clearing on our part, could
insert one of its people into our commit-
tee staff and actually penetrate the com-
mittee. That would be of considerable
embarrassment to the committee mem-
ber. under whose sponsorship that per-
son was. I think we should have that
protection. -
In addition to that fact, the country
should have that protection. I believe we
have a public responsibility to make sure
that the people that we put in these staff
positions are going to be people whose
sense of discretion and loyalty are be-
yond question.
Mr. CRANSTON. I admire the Sen-
ator's efforts to cut off such dangers.
Since there is no law that gives the Exec-
utive the power of clearance or dental of
clearance, since that Is done by Execu-
tive crder, whatever rules the committee
writes will govern what happens in this
area. -
Mr. TOWER. This. is correct- It Is the
committee's baby. .
Mr. CRANSTON. I thank the Senator.
Mr. PASTORE. Well, let us see if we
cannot put the baby to sleep. I suggest
the absence of a quorum.
Mr. TOWER. Will the Senator with-
hold that for a minute and yield to me?
Ivr. PASTORE. I yield. -
Mr. TOWER. Mr. President, in the Fri-
day, January 24, issue of the. Arizona Re-
public, William P. Maloney, Jr., a former
ambassador to Ghana and a good Dem-
ocrat who insists that CIA regulation is
long overdue, he states that: .
In the approaching investigations. It is im-
portant to keep two things in mind: That a
competent inteilio n e branch is essential
to our survival and that the CIA, with all its
faults. is one of the best, if not tite very best.
orL=izatio:is of its kind around. So let us
not throw the baby out with the bath.
I ask unanimous consent that his letter
in the Arizona Republic be printed at this
point in the RECORD.
There being no objection, the letter
was ordered to be printed in the RECORD,
as follows: -
For Release 2001/09/03 : CIA-RDP83B00823R000700040040-3
 pproved FV i ?MNW0 e . ? MAR000700040040-3 sr 979
January 27, 197Jun
CIA RCGw.ASXGN LONG ovznnva
As a. former diplomat. I have followed re-
cent news on alleged involvement of the CIA
in domestic affairs with special concern.
Clearly, congressional oversight and appro-
priate regulation of the agency are long over-
due. A recent best sealer on the subject, "The
CIA and the Cult of Intelligence" by Mar-
chetti & Marks, the accuracy of which is
generally recognized, makes a compelling
case in this regard.
There is enough blame to taint all in-
volved, not only the agency itself but recent
administrations and especially a pliant and
gullible Congress.. Additionally, the agency
operates under a vague grant of powers
which falls to define what is "domestic" and
what is "foreign," let alone providing guid-
ance for what falls in either category when
it involves legitimate intelligence operations.
But in the approaching investigations, it
is important to keep two things in mind:
that a competent intelligence branch is es.
sential to our survival, and that the CIA.
with all of its faults, is one of the best, if
not. the very best, organizations of its kind
around.
So, let's not throw the baby out with the
bath. Hopefully, in'the coming months both
our domestic freedom as well as. the struc-
ttue and role of this excellent organization
will be strengthened,.
Mr. SCHWEICIt. Mr. President, I
would like to commend the distinguished
majority and minority leaders for their
decisive action in moving to establish a
select Senate committee to investigate
the recent charges involving various or-
ganizations within the U.S. Intelligence
community. I had introduced my own
legislation in this area, Senate Resolu-
tion 6, cosponsored by my colleague from
Wisconsin (Mr. PaoxzmE), and I am
pleased that the Senate has decided to
move forward with a similar proposal.
- I think it is appropriate to empha-
size four points In connection with this.
First, this Nation vitally needs an effec-
tive intelligence service. No one disputes
that, and I am confident no one in this
body would support any action. which
would undermine the effectiveness of
Government organizations performing
legitimate, necessary. Intelligence func-
tions. In the 14 years I have served in
the House and Senate, I spent. 10 years
as a member of the Armed Services Com-
mittee, both in the House and here in the
Senate, and that experience convinced
me of the necessity for an effective in-
telligence organization.
But second, and equally important, it
Is the responsibility of the Congress to
define legitimate Intelligence activities,
and to establish guidelines which the ex-
ecutive branch must follow in conduct-
ing intelligence activities-and then to
see that these guidelines are enforced.
The intelligence community, like every
other sector of our free society, must
be subject to the rule of law=and in
fact, because of the unique nature of
intelligence activities, it is fundamental
to the integrity of our free Institutions
that the intelligence community respect
.the rule of law.
Unfortunately, the Congress has not
been as vigilant in this area as it should
have been. Despite nearly 200 legisla-
tive proposals, no major legislation re-
garding our intelligence community has
been passed since 1949, when the original
CIA charter was amended. In the inter-
Approved
vening years, the statutory authority of
the CIA has apparently been modified
and expanded by a series of secret ad-
ministrative actions, Executive orders,
and National Security Council actions.
As a result, the CIA now has a "secret
charter- which may be vastly different
from the original statute passed by Con-
gress-and even those Members of Con-
gress with oversight responsibilities for
CIA cannot say with confidence what
is in the secret charter. I hope the select
committee will focus a major inquiry in
this area, and will untangle the various
provisions of the secret charter and in-
sure that our basic intelligence author-
ity is embodied in a new, statute, passed
by Congress, rather than in a series of
secret documents. In a free society, the
entire concept of a "secret charter" is an
intolerable contradiction in terms. and
must not be permitted.
Third, there are numerous indications
that the intelligence community-and
particularly the CIA-has expanded its
functions into noninteiligence areas,
creating a shadow government, dupli-
cating and even superseding the activi-
ties of other Government agencies. I re-
cently disclosed an unclassified, CIA con-
tract proposal, asking American firms to
conduct industrial espionage against our
NATO allies and others, to determine
their future plans in the area of ground
transportation- Certainly we have a legi-
timate Government interest in this area,
but it should be pursued openly, by the
Department of Transportation or Coln-
xnerce, rather than covertly by the CIA.
And in response to my.disclosure, our
NATO allies said they would be happy
to share information of this nature with
our Government and in fact, are now
doing so, thus elisninationg any need for
CIA activity. I hope the select commit-
tee will explore intelligence community
activities in this area, to determine to
what. extent a shadow government
has in fact been created, pursuing nor-
mal Government functions in secret,
simply to avoid congressional oversight
and accountability.
Finally, I think it should be empha-
sized that the CIA represents only about
15 percent of the entire U.S. intelligence
effort. Recently, this has been the most
visible 15 percent, in view of press dis-
closures, but certainly no responsible
congressional evaluation in this area can
take place without inquiry into all facets
of the U.S. intelligence community. My
bill specifically authorized Inquiry into
all U.S. intelligence agencies, and I would
hope the select committee bill adopted
today will have similar broad authority.
Mr. MUSKIE. Mr. President, the reso-
lution before the Senate is the product
of long and thoughtful concern over the
role of intelligence agencies in a demo-
cratic society. Nearly 20 years ago, the
distinguished majority leader urged the
Senate to adopt a related measure to
exercise its responsibility for the activi-
ties of our Nation's intelligence com-
munity.
Since the adoption of the National Se-
curity Act, there have been more than
200 attempts to establish separate and
broadly based intelligence oversight
committees for the Congress.
Today, with the leadership of the dis-
tinguished senior Senator from Rhode
Island and the esteemed majority leader,
and the many other Members of this
body who have labored for this change,
we can take a vitally significant step by-
the creation of a Senate Select Commit-
tee to Study Government Operations
with Respect to Intelligence Activities. .
This select . committee is similar in
many respects to a proposal offered by
Senators Msrrsrxal.n and A ATH_IAa which
was referred to the Committee on Gov-
ernment Operations. The Subcommittee
on Intergovernmental Relations, which I
chair, held hearings on December 8 and
10 on that and other proposals to
strengthen congressional oversight of in-
telligence activities.
While we will continue to explore the
long-range congressional needs for a
more permanent oversight mechanism, it
is essential that we have a select com-
mittee study what has gone before us and
to measure past activities of our Intelli-
gence agencies against_ the laws. which
authorized them. . ' ..
For many years now we. have been
given constant assurances by the Central
Intelligence Agency and other intelli- :
gence agencies that they have been-
forthcoming to the Congress through the
appropriate channels such as the present
oversight committees. Unfortunately,
events of the past few years, and more
particularly of the past few weeks, ap-
pear to suggest that there is an instinct
on the part of these agencies to withhold
information from. the Congress to protect
themselves.
In the past, Proposals from the Con-
gress, from scholars and from Presiden-
tial task forces have been met with little
more than indifference. Certainly public
opinion and opinion in the Congress have
changed,
in recent years we have seen alarming
evidence that the FBI has spied on Con-
gressmen and on domestic political
groups. The President has acknowledged
that the CIA mistakenly became involved
in domestic surveillance. We have had
evidence of military agents spying. on
civilians on behalf of an agency created
by Department of Defense directive. The
list goes on.
The creation of a select com-,nittee to
explore- these allegations and activities
as well as the overall activities and re-
sponsibilities of the entire intelligence
community, represents an objective re-
sponse by the Senate to difficult and
complex circumstances. It is not a call
for a witch hunt. At is an assumption of
responsibility.
This is an undertaking of the greatest
importance. It is one which has the
strong support of most of the Members
of this body. , -
It is essential that this select commit-
tee bean now to obtain answerry to the
many questions which have been raised
in the short run about the recent dis-
closures and allegations and in the long
run about the authority and functions
of all of our intelligence gathering
agencies.
The committee should address the
question of how we can balance vital
national security needs with the public's
 S 980 Approved Fo 22pD~p ~~oQ / 3~_ ~CCWW~~RR~pP83g008238000700040040-3 -
~ 55Ii~N REEOR~-SENATE January on, 1975
right to know what its Government is leged misconduct by the CIA and the of adverse publicity results. Witness the
doing and why. FBI. Legislation was offered to establish Bay of Pigs fiasco and the toppling of
If the events of the past 2 years are to- a Watergate-like select committee to the Allende government in Chile. While
provide the momentum to help fashion thoroughly examine these allegations I do not dispute the need for secrecy in
any changes in the way we conduct our and determine their validity. We are go- their overseas intelligence operations, I
Government, they should at the very Ing to vote on that legislation this after- would be Interested to know if the CIA
least underscore the necessity for public noon and I Intend to support it. operates solely under the direction of the
accountability-in this case, account- In addition to the CIA and the FBI, National Security- Council and/or the
ability to the Congress for the proper the select committee will also review the President. Correspondingly, have the
and judicious administration of ?intelli- activities of the other Federal intelli- members of the current congressional
gence gathering agencies and the assur- Bence gathering agencies, including the subcommittees on intelligence oversight
ance that those activities are subject to National Security Council and the De- more often than not simply been pre-
the restraint'of law as they, impinge upon fense Intelligence Agency. However, the sented with a fait accompli rather than
the free exercise of our constitutional main focus will be an the heretofore consulted during. the initial decision-
rights. largely unknown activities of A he Cen- making process? I do not think this is at
If the select committee is to carry out tral Intelligence Agency and the Federal _. all clear and it should be.
this wand t
it t B
a
t b
o
, mus no
e Impeded m ureau of Investigation.
any way in its investigations. For the last 2 months,. the newspapers
The committee should explore still tm- have been replete with stories of CIA
answered questions about the use of in- involvement in Watergate-related In-
telligence agencies in the Watergate trigue in violation of the CIA's legisla-
incident and any other instances where tive mandate to restrict all intelligence
agencies exceeded their authority. gathering activities to foreign countries.
The committee should examine the
existing laws and procedures for review
of their implementation and recommend
necessary changes.
Finally, ? the work of the committee
should serve as a basis for restoring pub-
lic confidence in the Integrity and quality
.of our Intelligence agencies. -
In the December hearings before the
Intergovernmental Relations Subcom-
mittee, Senator BAKER testified. that as a
member of the Senate Select Committee
on Presidential Campaign Activities he
was told at one point in his investigation
that the CIA would supply no further in-
formation to the Watergate, committee
but instead would 'supply all of the in-
formation to their regular oversight
committees- Senator BAKER went. on to
say:
That effectively ended the Watergate Com-
mittee's inquiry into CIA involvement.
Based on the explanation by Senator
MANSFIELD and Senator PASTORE on the
day Senate Resolution 21 was introduced,
there should be no question about the
right and the authority of this commit-
tee and its staff to obtain any Informa-
tion which in any way affects or relates
to the intelligence activities of the Gov-
ernment. . -
As the able majority leader stated so
well :
it should be made clear that this
committee will only be able to perform its.
function effectively if. the provisions of this
resolution are liberally construed by com-
mittees and by the agencies which are the
subjects of its Investigation.
Nothing should be able to be used as
a bar to a thorough investigation-
neither the system for classifying na-
tional secrets nor the provisions of the
National Security Act Itself.
I am confident that the members of
this committee will use this authority
FBI was actively and illegally wiretap-
ping civil rights leaders and other poli-
ticians at the 1964 Democratic Conven-
tion. Who, Mr. President, sanctioned
these wiretaps? Who suggested to the
CIA that they assist E. Howard Hunt
with his masquerade for the purpose of
clandestinely breaking into the office of
Daniel Ellsberg's psychiatrist-a pat-
ently illegal act? Who put together the
Huston. plan to infiltrate dissident
groups for the purpose of gathering In-
formation on them? These are questions
that need to be answered and I trust that
in the course of the select committee's
investigation they will be.
Mr. President; the collection and cata-
loging of information on individuals-
without their knowledge or consent-has
always been abhorrent to the American
people. It is, at a minimum, a violation of
the constitutional right to privacy as
guaranteed by the fourth amendment
and, at maximum, a threat to one's lib-
erty and freedom 'of expression. In the
context of these recent revelations, we
hear the phrase "police 'state" bandied
about and I am disturbed by it. A de-
mocracy is founded on the principle that
the Government is for the people, not
against them. Consequently, as the
elected Representatives of the American
people and their interests, it is inctini-
bent upon the Congress to' act quickly
to insure that this unwarranted intru-
sion into, the private lives of U.S. citizens
has stopped and will not recur. The re-
sponsibility is ours and the response
must be ours as well.
Mr. President, included within the pur-
view of the select committee's inquiry is
"The extent and necessity of overt and
covert intelligence activities in the
United States and abroad." I have al-
-I have indicated my support for a
permanent Joint Congressional Commit-
tee on Intelligence oversight which
should, in theory, enjoy a more compre-
hensive oversight capability .than has
been the case with the current subcom-
mittees in the House and Senate. Given.
that reality, however, exactly what will
that oversight capability include? And,
more importantly, given the congres-
sional track record on sensitive informa-
tion leaks, can the security of intelligence
information imparted to the oversight
committee be guaranteed? These are very
serious questions in my mind and I hope
that. the select committee will include ?
them in its inquiry.
Mr. President, I believe that the need .
for the creation of a select committee to
investigate the Federal intelligence com-
munity has been amply documented. I
strongly endorse- its. enactment.
Mr. GOLDWATER. Mr. President. I
rise in support of Senate Resolution 21
creating a Select Committee to Investi-
gate Intelligence Activities.
At the outset, I want to state that the.
intelligence community has served the
Nation loyally and ably. Moreover, I
want to take this opportunity to salute
the dedicated, hard working man and
women of the intelligence community
whose work goes largely unheralded be- -
cause of the climate in which they must
work.
Production of useful intelligence to
guide the Nation's policy makers in mak-
ing decisions relies upon the efforts of
thousands of persons who do their work
in a painstaking and careful way.
While agent operations are important
to the Nation, they constitute a very
small proportion of the total intelligence
effort. Agent operations have been
glamorized in novels and movies. Most
of us enjoy this kind of entertainment,
but the image that emerges Is very far
from reality.
The truth of the matter is that the
production of intelligence requires the
painstaking work of many- specialists
who carefully analyze information from
many sources. Most of the work is far
judiciously with the .utmost concern for erat?ions within the United States, from glamorous and very far from James
par.- Bond.
preserving and improving the institutions titularly those conducted by the CIA, but Under the political climate now pre-
they are charged to examine. i would also like to remark briefly on the veiling, I suppose a, select committee was
It has taken us a long time to reach need for some congressional knowledge of inevitable..I would have preferred that
this important point but the effort prom- and input into the foreign intelligence the Senate inquire into intelligence ac-
Ises to bring forth fruitful and construc- activities. tivities through the existing committees
tive change. Up to this time, the Congress has gen- and subcommittees that have responsi-
Mr. PACKWOOD. Mr. President, early era'_ly had very little knowledge of CIA bilities for intelligence.
last week the Senate determined to take operations in a foreign country unless In supporting Senate Resolution 21,
an active role in the investigation of al- something goes wrong and a great deal I want to make It clear that in no way
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 January 27, .Approved For 881fts 'W&383? AJ000700040040-3 S 981
do I agree to the crittatsm that has been
made concerning our existing commit-
tees. I know that our colleagues on these
committees have done their utmost to
carry out the trust of the Senate.
Because the attacks on the intelligence
community persist, and because part of
that attack is directed to the existing
committees, I am supporting Senate Res-
olution 21 as a way to clear the air and
set the record.
When the distinguished senior Sena-
tor, from Arkansas was chairman of the
Permanent Investigations Subcommittee,
I believe he established the procedure of
having closed hearings before open hear-
ings were held. if I remember correctly,
the distinguished Senator from Arkansas
1 established this procedure to protect both
his subcommittee and witnesses from
unnecessary embarrassment.
It is my hope that the Senate select
committee will proceed in a careful and
deliberate manner. I believe the com-
mittee's work, at least initially, should be
in camera.
Most of the Senators and staff, who
are going to serve on the committee, are
not thoroughly familiar with the orga-
nization and functions of the intelli-
gence community. Before any decision
on open hearings is made, I would hope
the members and staff would have ample
opportunity to do some homework.
Ube Senators and staff who serve.on
the select committee are going to have
knowledge o.: a lot of matters which, if
. improperly handled, can cause our Na-
tionharm,
It is important that the select com-
mittee establish sensible rules in dealing
with the intelligence community. In
other words, let us get the information
we need to do the job but no more.
There is a reason over and above se-
curity considerations for the select com-
mittee to hold its meetings in camera:
The basic American idea of protecting
professional and personal reputations
unless unlawful or unethical acts are in-
volved.
Although Senate Resolution 21 does
not specifically make this point, I believe
the work of the select committee should
have as its focus the National Security
Act of 1947. It is that act and the direc-
tives issued under its provisions which
have created the intelligence community
as we know it today.
Using the act of 1947 as a frame of
reference, I believe the select committee
should have two prime objectives:
First, to determine whether or not the
act of 19t7 needs revision.
Second, to determine whether or not
there have been illegal activities within
the intelligence community.
If there have been illegal activities,
then I believe the committee must de-
termii:e whether these illegal activities
constitute a pattern or are merely aber-
rations.
Sornetimes what may appear to be an
illegal activity may turn out to be some-
thin; quite different.
Ultimately. the select committee will
make its findings and recommendations
known to the Senate. It would be a trag-
edy for the Nation should this document
reflect anything but the best of the Sen-
ate.
- If surgery is required, let it be per-
formed only after the most careful diag-
nosis. And, if there is surgery, let us use
a very sharp scalpel-not a meat ax.
Mr. DOMENICL Mr. President, the
Central Intelligence Agency is charged
with conducting the kinds of intelligence
activities that are absolutely essential to
preserve our free and open democratic
society in the real world in which we live.
I say this because example after exam-
ple has shown that our Nation must re-
main ever-vigilant against the publicly
stated desires of other governments to
destroy our free existence.
The charter establishing the CIA lim-
ited it to foreign intelligence gathering.
Allegations have been made that the
charter has been exceeded on occasion.
If correct, then much of the blame for
these excesses lies with the Congress for
failure to discharge its duty of congres-
sional oversight. Recognizing that our
Nation must have an intelligence gath-
ering capacity that Congress has failed
in its overight responsibility, the ques-
tion becomes: Is the creation of a-select
committee to investigate our intelligence
operations, with all its extensive press
coverage and certain leaks, the wisest
method to explore and correct past
wrongs and prevent future abuses? I
have grave doubts.
There are many possible alternatives
to such a suggested select committee.
One alternative that comes immediately
to mind is the creation of a permanent
joint committee to oversee intelligence
gathering by our Nation's agencies. Such
an alternative has been offered in the
form of S. 327, which I have cosponsored
and intend to support.
However, the realities of our current
situation dictate my reluctant support
of Senate Resoultlon 21, with the strong
reservations mentioned previously and
an admonition to my colleagues that we
must not breach our national security by
revealing matters of truly critical impor-
tance. These hearings must not be char-
acterized by a veritable flood of leaks
and publicity stunts that will perma-
nently jeopardize the effectiveness of
our intelligence operations which serve a
very legitimate purpose. We must be on
our guard that such legislation with a
commendable purpose is not allowed,
through error or excess, to undermine
our country's security.
Mr. PACKWOOD. Mr. President, yes-
terday's Washington Post included an
editorial by Walter Pincus entitled
"'Spies' and Presidents." In speaking of
the investigation before a select commit-
tee to study the Federal intelligence
community, Mr. Pincus declares that:
No select Senate committee-not even a
joint congressional committee-wilt get to
the bottom of the U.S. intelligence commu-
nityproblems without the full and -active,
support of President Ford and his staff." This
is because. he goes on to say, "The inquiry
into i ltel1i an e activities must inevitably
find out what pact Presidents authorized the
agencies to do.
Because of its particular relevance to
the bill ire will vote on today, I am bring-
ing this article to the attention of my
colleagues. Mr. President, .I ask unani-
mous consent that the text of Mr. Pin-
cus' editorial be printed at this point in
the Rzcoaa.
There being no objection, the editorial
was ordered to be printed in the Rrcoav,
as follows:
"Serz3' AND P SIDEPrs
(By Walter Pincus)
No select Senate committee--not even a
joint congressional committee--will get to
the bottom of the U.S. Intelligence coca-
munity's problems without the full and ac-
tive support of President Ford and his staff..
The reason is simple: such an Inquiry must
inevitably end up trying to find out what past
Presidents and their stags authorized these
agencies to do; what formal groupa, such as -
the, 40 Committee, approved; and what steps,
if any, the White House ever took to stop
abuses of authority or projects that. were il-
legal on their face.
Current newspaper allegations about the
Central Intelligence Agency's domestic no-
tivities and the CIA partial amdrnsation plus
admission that the Federal Bureau of Inves-
tigation has collected files oa members of
Congress Illustrate the point.
Former CIA Director Richard Helms tied
the start of that agency's domestic activities
in the late 1960s to "the express concern of
the President" (Lyndon Johnson), although
he did not detail how this "concern" was
transmitted-to him. The present CIA Direc.
tor, William Colby, told a Senate subcom-
mitteethat. under Helms, the agency on Aug.
15, 1967 established a unit within Its coun-
terintelligence department "to loo's into the
possibility of foreign links to American dis-
sident elements." Two weeks later, Ct.tby
went on, the executive d_rector of the.Presl-
dent's National Advisory Commission on
Civil Disorder asked how the CTA might asals4
that inquiry..
in setting up the commission, President
Johnson's executive order had called upon all
government agencies to cooperate. Colby
never stated, In his prepared text, why or
under what authority Helens had established
the unit prior to receipt of the, commission's
request for assistance. Colby did add, how- -
ever, that later the same year "the CIA ac
tirity became part of an interagency program,
In support of the national commission- (on
disorder), among others."
.
What that program was and who the "oth-
ers" were who received its output were not
spelled out. The only known group est2b-
liahed at that time was one Intended to work
out a plan for handling disorders in Wash-
ington. Former participants on that Inter-
agency panel from the Pentagon and Justice
Department don't remember CIA having been
a party. Colby's later disclosure.-that at this
time the agency's Office of Sectalty "inserted
10 agents into dissident orgur L'ratigns operat-
ing In the Washington, D.C. area ... to
gather information relating to plans for
demonstrations . . . that might endanger
CIA personnel, facilities and information--
parallels what this Interagency group did.
Whatever the facts were, only information
from the White House tracing establishment
of each a group could shed light on how the
CIA became a participant.
In 1969, the CIA was asked by the White
House to undertake surveillance of the Presi-
dent's brother, Donald Nixon, who, accord-
ing to documents from the Ilouse impeach-
ment Inquiry, was moving to Las Vegas where
it was feared he "would come into contact
with criminal elements." The agency refused,
but the Secret Service Act, which requires
government agencies to cooperate in the pro-
tection of the President and his family, may - -
have been the source of other such requests,
Only the White House can disclose what role
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 S982 Approved Fir &Kg P/OAEgQP QA8 R0007OOO4W g 27, 1975
the CIA has been asked to play under that
law.
In 1070 and 1971, White House aides asked
CIA to participate in what was known as the
Huston domestic intelligence plan and to
provide assistance to a former agency official,
E. Howard Hunt,'who at the time worked for
the President. Again, the question must be
raised as to what White House authorization
the agency was given to undertake the re-
r_ues:ed activities. Hunt's aid was cut off
only when, in the words of the man who was
then chief assistant to the deputy director,
it appeared the agency was becoming involved
in a "domestic clandestine operation."
In 1971 and 1972, according to Colby, the
CIA undertook physical surveillances of five
Ame:Icans including, apparently, newsman
Jack Anderson, "to Identify the sources of
(ne'sS) leaks." This appears to complement
the so-called "national security" wiretaps
conducted by the FBI at the direction of the
Nixon White House from 1969 to 1971. Again,
the agency and the White House must make
clear the authority under which the CIA
conducted such operations.
In March 1974, Colby "terminated the do-
riestlc intelligence collection program (be-
gun 7 years earlier) and Issued specific guide-
lines that any collection of counterintelli-
gence Information on Americans would only
take place abroad and would be initiated only
in response to requests from the FBI.
Was this at White House direction? And if
not, could a future President reverse such a
policy?
Tae FBI situation Is slightly different.
There is no information as to how or why
former FBI Director J. Edgar Hoover began
collecting politically-tantalizing material
about congressmen and other public figures.
One point is clear, however-lie frequently
used the information to titillate Presidents,
and apparently no Chief Executive or White
House aide ever told him to stop. When the
so-called "national security" FBI wiretaps
were operating, Hoover regularly sent social
and political gossip picked up from over-
heard conversations to Nixon chief of staff,
H. R. Haldeman. No objection or order to
stop ever came back from the Oval Olfice.
One other presidential role in these areas
needs exploration. Were agency directors
ordered by the White House to cover up
certain activities when called before con-
gressional committees? Former CIA Director
Helms, for example, when questioned by the
Senate Foreign Relations Committee In
February 1973, was asked directly about CIA
participation in a White House plan in 1969
or 1970 to coordinate domestic Intelligence
activities. Helms said he could not recall-
though he knew full well of his activities in
1970 Huston plan discussions. Last week he
told senators he misunderstood the question,
At a May 1973 hearing. Helms told senators
he had no Idea that Hunt, prior to public
nten>ion of the Ellsberg break in; "was going
to be Involved in any domestic activity."
Of course, he did-that was why aid to Hunt
s`,opped. Former President, Nixon and his
r.id's l:ept a close watch over any congres-
sional testimony that could Implicate them
Mr. PASTORE. Mr. President, I sug-
gest the absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
. The second assistant legislative clerk
proceeded to call the roll.
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. MANSFIELD. Mr. President, will
the Senator yield for 2 minutes?
Mr. PASTORE. I yield.
JOINT REFERRAL OF CERTAIN'
COMMUNICATIONS
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that a communica-
tion from the Federal Energy Adminis-
tration transmitting a study under Pub-
lic Law 93-391, be referred jointly to the
Committees on Interior and Insular Af-
fairs, Public Works, Commerce and Fi-
nance, and that a second communication
received this day from the Council on En-
vironme.ital Quality on Land Use, pre-
pared as a part of its annual report, be
referred jointly to the Committees on
Interior and Insular Affairs, Public
Works, Commerce. Agriculture and For-
estry.
The PRESIDING OFFICER. Without
objection, it is so ordered.
AUTHORIZATION FOR COMMITTEE
ON COMMERCE TO FILE REPORTS
UNTIL .M DtUGHT TONIGHT
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that the Committee
on Commerce be authorized" to file re-
ports until midnight tonight. .
The PRESIDING OFFICER. Without
objection., it is so ordered. .
unanimous consent that the order for the
quorum be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Pursuant to the previous order, the
Senate will now proceed to vote on the
resolution, as amended. On this question
the yeas and nays have been ordered, and
clerk will call the roll.
The assistant legislative clerk called
the roll.
Mr. YOUNG (after having voted in-the
negative). On this vote I have a pair with
the junior Senator from Washington
(Mr. JACKSON). If he were present, he.
would vote "Yea." If I were permitted to
vote, I would vote "Nay." I therefore
withdraw my vote.
Mr. GRIFFIN (after having voted in
the affirmative). On this vote I have a
pair with the Senator from Ohio (Mr.
TAFT). If he were present, he would vote
"nay." If I were perrrdtted to vote, I
would vote "yea." I therefore withdraw
my vote. -
Mr. ROBERT C. BYRD: I announce
that the Senator from Washington (Mr. -
JACKSON), the Senator from Rhode Island
(Mr. PELL), the Senator from California, (Mr. TUNNEY), and the Senator from
Indiana (Mr. HARTRE) are -necessarily -
absent. -
I further announce that the Senator
from Kentucky (Mr. HvnoLESTON), and
the Senator from Hawaii (Mr. INOaYE)
are absent on official business. -
I further announce that, if present and.
voting, the Senator from Rhode Island
(Mr. PELL), and the Senator from Cali-
fornia (Mr. TIINNE-v) would each vote
.,yea."
Mr. GRIFFIN. I announce that the
Senator from New York (Mr. JAVITS) is
necessarily absent.
. I also announce that the Senator from
Maryland (Mr. MATifris), the Senator
from Idaho (Mr. McCLVRE), and the Sen-
ator from Vermont (Mr.- STAFFORD) are
absent on official business.
I further announce that the Senator
from Ohio (Mr. TAFT) is absent to attend
a funeral.
I further announce that, If present and
voting, the Senator from New York. (Mr.
JAVITS), and the Senator from Maryland -
(Mr. MATHIAS) would each vote "yea."
. The result was announced-yeas- 82, -
nays 4, as follows:
tROilcall Vote No. 1 Leg.] -
YEAS-S2
Abourezk Eastland Metcalf -
Allen Fannin Mondale
Baker Fong . Montoya
or their assistants in Watergate. Was Helms
tcid to mislead? The Senate continued with the con-
If current congressional efforts to harness sideration of the resolution (S. Res. 21)
tae Intelligence community.break up as a to. establish a Select Committee of the
re t of lack of White House cooperation, Senate to conduct an investigation and
ddi:tonal allegations of past wrongdoings study of governmental operations with
are mound to be made because the climate respect to intelligence activities.
rervi es has and changed. outside Strong the Internal al agency security Mr PASTORE. Mr. President, I ask for
:: E?r~tC h
1sa c:^sh1p has gone. And on Capitol Hill, the the yeas and nays on passage.
cud staunch defenders of intelligence ac- The yeas and nays were ordered.
are either zone or powerless. Mr. PASTORE. Mr. President, I sug-
Bartlett Ford
Bayh Garn
Beall Glenn
Morgan
Moss
Muskie
Bellmon Goldwater Nelson -
Bentsen Gravel Nunn
Biden Hansen Packwood
Brack Hart, Gary W. Pastore
Brooke Hart, Philip A. Pearson
Buckley Haskell Percy
Bumpers . Hatfield Proxmire _
Burdick Hathaway . Randolph
Byrd. Hollings Ribicof
Harry F., Jr. Hruska Roth
By-d, Robert C. Humphrey ?' Schwelker
Cannon Johnston Scott. Hugh
Case Kennedy Sparkman
Chiles Laxalt Stennis
r C?r :.nwr Clark Lon., .
i r ':e functions of the Intelligence comma- Tha PRESIDING OFFICER. The Clerk Cranston b:aenuson
_Ley, the future looks grim-indeed black If will Call the roll. Culver Mansfield
the Ford White House fails to see that far ? The assistant legislative clerk pro- Curtis McClellan
more is needed than a }t(~~}1~ i}~~1q~
coaLnission studying a H3tY lbbr stit' dl~ele ~l8 r1Yt18~6~1z CIA-RDP83B008."VA Q700dX&r Bra
allegations. Mr. MANSFIELD._Mr. President, I ask Eagleton . McIntyre
QUORUM CALL
Mr. MANSFIELD. Mr. President, I
suggest the. absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. PASTORE. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Stevens
Stevenson
Stone
Symington
Tower
Weicker
Williams
 Approved For Release 2001/09/03: CIA-RDP83B00823R000700040040-3
January 27,,1975 CONGRESSIONAL RECORD-=SENATE. S 983
NAYS--4 kind Which have any tendency to reveal the covert intelligence activities in the United
Helms Talmadge full facts with respect to the following mat- States and abroad.
Such other related matters as the
Scott. Thurmond tern or questions: (1b) _
carry
William t. A (1) Whether er the A gal Intelligence domestic coout mmie r deeilitle9 under section (a
Pg)rgW^7T AND LY rVING LIVE PAIRS, AS intelligence operation in the United States. Sec. S. (a) To enable the select commit-
PREVIOUSLY RE (2) The conduct of domestic intelligence tee to make the investigation and study au.
Young, against or counterintelligence operations against thorized and directed by this resolution, the
Grif3n, for. United States citizens by the Federal Bureau Senate hereby empowers the select com-
NOT VOTING-11 of Investigationor any other Federal agency. mittee as an agency of the Senate (1) to
(3) The origin and disposition of the so- employ and Sx the compensation of such
Hartke Javits Stafford called Huston Plan to apply United States in- clerical, investigatory, legal, technical, and
Huddieston Mathias Taft telligence agency capabilities against indi- other assistants. as it deems necessary or
Inouye PicOlure Tunney viduals or organizations within the United appropriate, but it may not exceed the nor-
Jackson Pell States. . -mal Senate salary schedules; (2) to sit and
So the resolution (S. Res. 21) Was (4) The extent, to which the Federal Bu- act at any time or place during sessions, re-
agreed to, as follows reau of Investigation, the Central Intelli- cesses, and adjournment periods of the Sen-
S. REa. 21 gene Agency, and other Federal law enforce ate; (3) to hold hearings for taking
Resoit?ed, To establish a select committee meat or intelligence agencies coordinate their testimony on oath or to receive documentary
of the senate to conduct an investigation respective activities, any agreements which or physical evidence relating to the matters
and study of goveruuaental operations with govern that coordination, and the extent and questions it is authorized to investigate
respect to intelligence activities and of the to which a lack of coordination has contrib- or study; (4) to require by subpena or
extent, if any, to which illegal, improper, or uted to activities or actions which are ille- otherwise .the attendance as witnesses of
unethical activities were engaged In by any. gal, improper, inefficient, unethical, or con- any persons who the select committee be.
agency of the Federal Government or by any trary to the intent of Congress. lieves have knowledge or information con-
persons, or in combina- (5) The extent to which the operation of cerning any of the matters or questions At
acting domestic intelligence or counterintelligence is authorized to investigate and study; (5).
lion with o, with respect-to ny bebAlf activities and the operation of any other ac- to require by subpena or order any depart-.. =
ligence actithersvity carried out cby tivities within the United States by the Cen- meat, agency, officer, or employee of the
of the Federal Government; be it further tral Intelli ency Agency conforms to the leg- executive branch of the United States Gov-
Resolved, That (a) there is hereby estab- g
. which islative charter of that Agency and thu intent : ernmeat, or any private person, firm, or cor-
llshed a select committee of the Senate of the Congress. potation, to produce for its consideration or
the may select Co cairnmm mi sittee To ee 11,o Stud y of expression- (6) The past and present interpretation for use as evidence in its investigation and
tai Operations With Respect to Intelligence ca by tote Director of Central Intelligence of the study any books, checks, canceled checks,
Activities to conduct an investigation and responsibility to protect intelligence sources correspondence, communications, document,
study of the extent, if any, to which illegal, and methods as it relates to the provision in papers, physical - evidence, _ records, record-
improper, or unethical activities were ea- section 102(d) (3) of the National Security ings, tapes, or materials telating to any of
in by any agency or by any persons, Act of 1947 (50 U.S.C. 403(d) (3)) that "... the matters or questions it is authorized to.
gaged that the ency shall have no police, subpena, investigate and study which they or any of -
acng wIth others, S carryng o out or in any Intentellike ce law enfor ement powers, or internal security them may have in their custody or. under
with others, ce activities behalf of functions...:' their control; (6) to make to the senate-
ag eiy of net Feder l o on bent. of (7) Nature and extent of executive branch any recommendations - it . deems appropriate
or
any agency the Federal Government. oversight of all United States intelligence in respect_to the willful failure or refusal
(b) The select committee created by this activities. of any person to answer questions or give
ppon ed t d mem thebers Prest- 8 The need for specific legislative sit- testimony in his character as, a witness dur-
resolution
Senate, on shall consist a of
dent of the sie a be the majority mem- hority to govern the operations of any Intel- - ing his appearance before It or in respect to
Of the emligence agencies of the Federal Govern- the willful failure or refusal of any officer or
dent of tsenate from t he recommendations omen ve
berS of the aj Senate upon f the Senate, te, and five meat now existing without that explicit scat- employee of the executive branch of the ority minority the members r of he Senate, and ve utory authority, including but not limited to United States Government of Say person, o mems d f the Senate to be RP- agencies such as the Defense Intelligence firm, or corporation to produce before the
the m the Pres ident of the Senate upon Agency and the National Security Agency. committee any books, checks, canceled
the recommendation the the minority leader The nature and extent to which Federal checks, , correspondence, communications,
of the Senate. For thpurpoden of peof agencies cooperate and exchange Intelligence document, financial records, papers, physical
graph 6 of rule XXV of the Standing Rules of information and the adequacy of any regula- evidence, records, recordings,. . tames, or
the Senate, service of a Senator as a mem- tions or statutes which govern such coopers materials In obedience to any subpena or
ber, chairman, or vice chairman of the select lion and exchange of intelligence informs- order; (7) to take depositions and other
committee shall not be taken into account. tion. testimony on oath .anywhere within' the
(c) The majority members of the com- (9) The extent to which United States !n-. United States or in any other country; (81
mittee shall select a chairman and the minor- agencies, are governed by Executive to procure the temporary or intermittent
services of individual consultants, or orga-
icy members shall select a vice chairman and telligence orders, rules, or regulations either published
the committee shall adopt rules and prose- or secret and the extent to which those Exec- nizations thereof, In the same manner and
dares to govern its proceedings. The vice under the lconditions as a standing-
the Senate may procure such
chairman shall preside over meetings of the utive orders, rules, or regulations interpret, committee same
select committee during the absence of the expand, or are In conflict with specific Iegis- . Soicit unof section a may or the Lsuch
chairman, and discharge such other respon- lative authority. lative Reorganization Act of 1948; (9) to use
sibilities as may be assigned to him by the ? (10) The violation or suspected violation on a reimbursable basis, with the prior con-
select committee or the chairman. Vacancies of any State or Federal statute by any In- sent of the Committee on Rules and Ad- l
In the membership of the select committee telligence agency or by any person by or on ministration, the se of personnel agency,
to use
shat not affect the ate the the of t he eral Government including but not limited authority of ing members to execute the of the starts titious entries, surveillance, wire- on a reimbursable basis or otherwise with
select committee and shall be filled in the to p the prior consent of the chairman of any
same manner as original appointments to it taps, or eavesdropping, illegal opening of the subcommittee of acommittee of the Sea-
es of any services any members
a e made. United States mail, or the monitoring of the ate the facilities h
(d) A majority of the members of the se- United States mail. of the staffs of such other-Senate commit-
lest committee shall constitute a quorum for (11) The need for Improved, strengthened, tees or any subcommittees of such other
the Senate committees whenever the select
the transaction of business, but the select or consolidated oversight of United States In-
committee may affix's lesser number as s. telligence activities by the Congress. - committee or its chairman deems that such
.quorum for the purpose of taking testimony (12) Whether any of the existing laws of action Is necessary or appropriate to enable
or depositions. the United States are inadequate, either in the select committee to make the invest!-
Sac. 2. Ti:a select committee is authorized their provisions or manner of enforcement, to gation and study authorized and directed
safeguard the rights of American citizens, by this resolution; (11) to have direct access
and directed to a everything necessary or to Improve executive and legislative control through the agency of any members of the
appropriate a make the Investigations the first and of intelligence and related activities, and to select committee or any of its investigatory .
sect o specified in abridging (a) ) any the resolve uncertainties as to the authority of or legal assistants designated by it or Its
section. ' con er abridging in any way the he United States intelligence and related agen- chairman or the ranking minority member
..nut' ee b conferred upon the select com- vies. to any data, evidence,' ittlormation, report,
ate a by the preceding
authorizes a and the Sett- directs (13) Whether there Is unnecessary dupil- analysis, or document or papers, relating to
the select mmittecation of expenditure and effort in the col- . any of the matters or questions which it is
ate elect committee to make a complete
investigation and study of the activities of lection and processing of intelligence infor- authorized and directed to investigate and
any merry or of any p~. @ oration fates a encies. stud in the custody or under the control
a* oY'si'lSeleat6 ,~ `E d:DP~B~iBflitd8~t3F ~(d~7 ? cy. officer, or em-
,groups of persons or o !
 Approved For Release 2001/09703 : CIA-RDP83B00823R000700040040-3
CONGRESSIONAL RECORD-SENATE January 27, 1975
S 984
p!oyee of the executive branch of the United
States Government, including any depart.
ment. agency, officer, or employee of the
United States Government having the power
: er the laws of the United States to inves-
tizate any alleged criminal activities or to
presecute persons charged With crimes
against the United States and any depart-
rnent. agency, officer, or employee of the
United States Government having the au-,
thority to conduct intelligence or survetl-
lanae within or outside .the United States, .
without regard to the jurisdiction or au-
thority of any other Senate committee,
wblch will aid the select committee to pre-.
pare for or conduct the investigation and
sandy authorized and directed by this reso-
5lution; and (12) to expend to the extent it
dete.-nir_es necessary or appropriate any
moneys made available to it by the Senate
to perform the duties and exercise the
powers conferred upon it by this resolution
and to make the investigation and study it
is authorized by this resolution to make.
(b) Subpenas may be issued by the select
committee acting through the chairman or
any other member designated by him, and
.may be served by any person designated by
such chairman or other member anywhere'
within the borders of the United States. The
chairme a of the select committee, or any
other member thereof, is hereby authorized
? to administer oaths to any witnesses appear-
ing before the committee. .
(c) In preparing for or conducting the
investigation and study authorized and dt
rected by this resolution, the select com-
mittee shall be empowered to exercise the
powers conferred upon committees of the
Senate by section 6002 of title 18; United
States Code, or any other Act of Congress
rog elating the granting of Immunity to
witnesses.
Sec. 4. The select committee shall have au-
tho:ity to recommend the enactment of any
ne v legislation or the amendment of any
existing statute which it considers neces-
sary or desirable to strengthen or clarify the
nacionst security, Intelligence, or surveil-
lance activities of the United States and to
protect the rights of United States citizens
with regard to those activities.
S=c. 5. The select committee shall make a
fnat report-of the results of the investiga-
tion and study. conducted by it pursuant to
this resolution, together with its findings
and its recommendations as to new congres-
sional legislation it deems necessary or de-
sirable, to the Senate at the earliest practica-
ble date, but no later than September 1,
1973. The select committee may also submit
to the Senate such interim reports as it con-
siders appropriate. After submission of its
rr-al report, the select committee shall have
three calendar months to close its affairs, and
on the expiration of such three calendar
months shall cease to exist.
6. The expenses of the select commit-
tee through September 1, 1975, under this
Tso:cation shall not exceed $750.000 of which
amount not to exceed $100,000 shall be avail-
able for the procurement of the services of
individual consultants or organizations
thereof. Such expenses shall be paid from the
coatin gent fund of the Senate upon vouchers
rnpro.ed by the chairman of the select com-
nei? t=e.
? S--c. 7. The select committee shall institute
-^_d c>rry out such rules and procedures as
it m deem necessary to prevent (1) the dis-
committee, or any
cicst,:?e, outside the select
i:,rorrtatlort relation to the activities of the
Central Intelligence Agency or any other
c:enartmer t or agency or the Federal Govern-
?nt; en^a--ad In intelligence activities, ob-
ties of the Central Intelligence Agency In
foreign countries or the Intelligence activt-
tles In foreign countries or any other de-
partment or agency of the Federal Govern-
ment: .
Src. 8. As a condition for employment as
described in section 3 of this resolution, each
person shall agree not to accept any honor-
arium, royalty or other payment for a speak-
ing engagement, magazine article, book, or
other endeavor connected with the investiga-
tion and study undertaken by this commit-
tee.
Ssc. 0. No employee of the select committee
or any person engaged by contract or other-
wise to perform services for the select com-
mittee shall be given access to any classified
information by the select corrimittee unless
such employee or person has received an ap-
peepriate security clearance as determined
by the select committee. The type of security
clearance to be required in the case of any
such employee or person shall, within the
determination of the select committee, be
commensurate. with the sensitivity of the
classified Information to which such em-
ployee or person will be given access by the
select committee.
Mr. PASTORE. Mr. President, I move
to reconsider the vote by which the reso-
lution was agreed to.
Mr. MANSFIELD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to_
SENATOR FROM NEW HAMPSHIRE?
CREDENTIALS
The PRESIDING OFFICER. Under the
previous order, the Senate will now pro-
ceed to the consideration of the motion
by the Senator from Montana (Mr.
MVIP.1QSPTSLD) to refer all credentials and
papers dealing with the New Hampshire
election dispute to the Committee on
Rules and Administration, which the
clerk will state. The time on this debate
is limited to 1 hour, to be equally di-
vided and controlled by the Senator from
Montana (Me. MANSFIELD) and the Sen-
ator from Michigan (Mr. GRIFFIN),
The Senate will be in order.
The clerk will state the motion.
The legislative clerk read as follows..
The Senator from Montana (Mr. Divcrs-
FinaD) moves that the credentials of Louis
C. Wyman and John A. Durkin and all papers
now on file with the Senate relating to the
same be referred to the Committee on Rules
and Administration for recommendations
'thereon.
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that the pending
business be laid aside temporarily, so
that I may complete the work on the res-
olution providing for the select commit-
tee, on which the Senate has just, ex-
pressed its approval.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. MANSFIELD. Mr. President, may
we have order?
The PRESIDING OFFICER. The Sen-
ator from Montana has the floor. May we
have order in the Senate?
to 'establish a select committee of the
Senate to conduct an Investigation and
study of governmental operations with
respect to intelligence activities.
Mr. MANSFIELD. Mr. President, I wish
to state, before proceeding with the dis-
cussions and consideration of this resolu-
tion, that insofar as the majority leader
is concerned, the chairman of the Com-
mittee on Armed Services, our colleague
from Mississippi (Mr. Srz ie ts) is owed a
vote of thanks because throughout the
years he has scrupulously endeavored, to
the best of his ability and in line with
his other responsibilities, to scrutinize all
activities of intelligence agencies related
to the defense community. He need not
yield to any Member of this body his
stance as the preeminent "watchdog" of
the Congress in performing this critical
oversight function. I commend JOHN
Srnrrsls. The Senate commends JoHN
SrLw.vm for his assiduous and conscien
tigtu work in this endeavor.
Mr. President, now that the select
committee has been approved by the Sell-.
ate, the minority leader and I have, di-
rected a. letter to the heads of agencies:
and departments of Government most
preeminently concerned with intelli-..._
gence endeavors. The letter reads as
.Allows:
As you may be axare; the Senate to =
duct an investigation and study of govern-
went operations with respect to intelligence.
activities. The scope. of the investigation is
set out in S. lies. 21, a copy of which has been
enclosed for your information.
We are ,writing to request that you not
destroy. remove from your possession or con- -
trol, or otherwise dispose or permit the dis-
posal of any records or documents which
might have a bearing 'on the subjects under
investigation, including but not limited to all
records or documents pertaining in any way
to the matters set out in section 2 of S. Res,
21.
Sincerely yours, -
This letter is being directed to heads of
19 separate governmental units as listed
here:
Jsrrveax 21, 1975.
? .
Honorable William E. Colby, Director, Cen-
tral Intelligence Agency, and as Coordinator
of Intelligence Activities, Washington, D.C.
20505. '
Lt. Gen. Daniel O. Graham,-Director, De-
fence Intelligence Agency, The Pentagon,
Washington, D.C. 20301.
Honorable William B. Saxbe, Attorney
General, Dept, of Justice, 9th and Constitu-
tion N.W.. Washington, D.C. 20530.
Mr. John C. Feeney, Acting Asst. Attorney
General, Criminal Div., 9th and Constitution
N.W., Washington, D.C. 20530.
Mr. John It. Bartels Jr., Administrator,
Drug Enforcement Administration, 1405 Eye
St. iV.W., Washington. D.C. 20537.
Honorable James R. Z-acretary
of Defense, Room 3E 880. The Pentagon,
Washington, D.C. 20301.
-Honorable Howard H. Callaway, Secretary
of the Army, Room 3E 718, The ?eeutagon,
Washington, D.C. 20310.
Hon. J. W. Middendorf, Secretary cf the
Navy, Room 4E 710, The Pentagon, Washlrg-
ton, D.C.20350.
Hon. John L. McLucaa, Secretary of the
Air Force, Room 4E 871, The Pentagon, Wash-
ington, D.C. 20330.
Lt. Gen. Lew Allen Jr., Director. National Security Agency, Fort George G. Meade,
r,
c :wed by the select committee during the SELECT COMMITTEE TO STUDY
c? trso of its study and investigation, not GOVERNMENT INTELLIGENCE AC-
a :*.harised by the select committee to be TrvITIES
d_,e!j,ed; and (2) the disclosure, outside the ~r
:c.lee*, committee, of any iti?t~jled Re~ i 0/A~/b8'
1
7
.
~ would adversely affect the Intelligence activi- S era.ion of he resolution
 Approved For Release 2001/09/03 :CIA-RDP83B00823R000700040040=3
A Li
rules and to define their procedures, and
that would include the question of when
to close or open the door to the use of
television. As I have indicated, I would
not anticipate any great requirements
for the latter at this time. Most emphat-
ically, I would express the hope, too, that
committee staff would. be selected with
as much concern for discretion as for
other. qualifications. What comes to the
public ' from this committee and when.
ought to be solely -I stress the word
"solely"--determined by the members of -
the committee. ? .
? The Senate is entrusting this commit-
tee with its deepest confidence. I know
that that trust is secure and that the re-
sults of the inquiry will reflect the high-
est credit on this institution. I submit to
the Chair the names of those assigned to -
the Senate Select Committee To Study
Governmental Operations With Respect
to Intelligence Activities and ask that .
they be read and I'do so on behalf of the -
distinguished Republican leader and
myself.
The PRESIDING OFFICER. The clerk
will. read the nominations. - -
The assistant legislative clerk read as
follows
Senators Church. Hart of Michigan, Mon-
dale, Huddleston, . Morgan... and Hart of
Colorado.
'Mr. MANSFIELD. The, Republicans
also.
The assistant legislative clerk read as
Senators Tower, Baker, -
Mathias, and Schwelker.
et cetera, applies as well to all agencies
and sub agencies concerned but not spe-
cifically singled out.
The task faced by the select commit-
tee which the senate has just established
is to examine into the intelligence ac-
tivities of the U.S.. Government. No more .
important responsibility to the people of
the Nation can be assumed by Senators
than membership on this committee.
What is asked of them, in the name of
the Senate, is to probe fully and to as-
sess completely, to understand thorough-
ly and to evaluate judiciously. To the ex-
tent that the intelligence agencies have
acted correctly and within, the law, that
must be made known. if there have been
abuses, they, too, must be set forth. There
can be no whitewash in this inquiry: nor
is there room for a vendetta. in the end,
'the Senate must know what has. tran-
spired so that it may seek to close legal
loopholes it there are any. In the end, we
must brow so that together with the
House and the President,- we may move
to foreclose any demeaning of the basic
premises of a free society.
. What is at stake in the work of this
committee is a resolution of doubts. What
is at stake is a restoration of confidence
in a large and costly and little known
segment of the Federal Government. The
Senate must be satisfied that the intelli
gene community is doing the people's
business, to the end that the Nation may
be with assurance so advised. The Sen-
ate must be 'persuaded that what is be-
ing done in the name of security under
a cloak of obscurity is the people's busi-
ness, as defined, not by employees of a
Government agency, but the people's
business as defined by the Constitution
and the laws duly enacted thereunder.
The committee is called on, further-
more, to elucidate for the Senate the
relevance of the intelligence commu-
nity as it now operates to the Nation's
contemporary needs. We need to know
what may be.required, today, not what
might have seemed necessary yesterday.
The fact that a commission is looking
into the CIA is all to the good; the re-
sponsibility of that group is to the Presi-
dent who created it. Its existence in no
way relieves us of our responsibilities. It
Is appropriate and proper at any time
that the Senate so determines, to inquire
into any agency and, as necessary, to
seek to clarify and redefine its functions
and the scope of its activities.
One aspect of the impending inquiry
concerns covert activities. Theee activ-
ities have been acquiesced in, to say the
least, by the Congress for a long time. No
one should be surprised or appalled,
therefore. to discover their existence a
quarter of a century later. In recent
years, however, the extent and necessity
for them have come under question. Who
sets the policy and why? What obtuse
intrusions may there have been by these
activities into the President's conduct of
.foreign affairs? What indifference, if
any, to the laws passed by the Congress?
What damage, if any, to the demeanor of
the Nation? What interference in the
personal lives of Americans and by whose
authority and under what guidelines?
What public funds have been committed
and to what end? What proliferation of
Approved For Release 2001/09/03.: CIA-RDP83B00823R000700040040-3 '
activities and -how much . overlap and
duplication?
It used to be fashionable, Mr. Presi-
dent, for members of Congress to say
that insofar as the intelligehce agencies
were concerned, the less they knew about
such questions, the better. Well, in my
judgment, it is about time that that at-
titude went out of fashion. It is time for
the Senate to take the trouble and, yes,
the risks of knowing more rather than
less: We have a duty, individually, and
collectively, to know what legislation en-
.acted by Congress and paid for by ap-
propriations of the people's money has
spawned. in practice in the name of the
United States. The Congress needs to
recognize, to accept and to discharge with
care its coequal responsibility with the
Presidency in these matters.
The Senate has begun to address itself
to these questions by approving the cre-
ation of this select committee. There is
a need to understand not only the pres-
ent intelligence requirements of- the
United States but also what systems or
procedures for oversight and account-
ability ma;/ be required to keep them
within bounds set by the Constitution,
the President and the elected Repre-
sentatives of the people in Congress.
Wisely, I believe, a special committee
for handling the investigation has been
established by this action today. The
scope of inquiry is far larger than can
come. within the purview of any- single
committee. Hopefully, within the select
committee, the pieces-all-of the pieces-
can. be fitted together. May I say that in-
sofar as the Senate is concerned, I think
this action expresses the expectation
that the matter will be concentrated in
this one committee. In. my judgment, it
would be most Inapproprruw v a -The S
of studies of intelligence to proceed
ow charged. Mr. N
The select committee is equipped with _,,, ,.., a.
? wllu will be selected for service on back on .
committee are no different than the rest. ,*,~,,, it
bon or a white or pink ribbon. There is no
higher or lower order of patriotism in
the Senate. There are no first- and sec- I~FSflL
are men of competence, understanding. JOHN
tee will act with discretion, with re- able John P. KluczynskL
straint and with a high sense of ma- from the Slate of Illinois.
u n.vuinu a XLr s vs. " ,,.... ~......-???- ? the funeral
There is only the need to see to the sober Resolved-
late continued with til
of the credenti of the
U.S. Senator rom. th
-mpshire.
RESIDING 0' . CER.
,7 .
NSFIELD. Mr. Preside
z the regular o er of bu
.-SIDING O C.
to Mansfield m tion.
ator from Illino is reco
ent, I
MR. They
mthe >
clerk re
has bear
l of the
Represe
of 65 Me
_ers of th
dated to a
at Arms c
rected to
ry for cat
esolutton
is Conn
KLUCZYNS
e message f
stant legislativ
at the serge
593J.
 Approved For Release 2001/09/03 : CIA-RDP83B00823R000700040040-3
UNITED STATES INTELLIGENCE BOARD
SECURITY COMMITTEE
MEMORANDUM FOR: Chairman, Ad Hoc Group of USIB on
Congressional Investigations
SUBJECT : Security
1. The Ad Hoc Security Group of your committee, with
representation from DIA, ERDA, FBI, NSA and CIA, has considered
security measures and procedures which should be sought from the
Select Committees in the interest of both national security and the
protection of privacy of individuals.
2. There are certain issues that appear to us of such
concern and of such a nature that agreement on these issues lies
principally with the DCI and the chairmen of these committees.
Once such agreement is made in principle, then, hopefully, the
other security measures could be implemented.
3. There are attached the following:
(a) Agreements to be sought by the DCI with
Chairmen of the Select Committees.
(b) Guidelines for protection of information and
documents furnished the Select Committees which should
be discussed with and, hopefully, adopted by them.
(c) Suggested secrecy agreement for personnel
employed by or assigned to Select Committees.
4. It is recommended that these be presented to members at the
next meeting of your committee for approval.
Attachments
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 Approved For Release 2001/09/03 : CIA-RDP83B00823R000700040040-3
AGREEMENTS TO BE SOUGHT BY THE DCI WITH
CHAIRMEN OF THE SELECT COMMITTEES
1. It would be desirable if the DCI could secure agreement with
the Chairmen of the Select Committees, as has been customary in other
Congressional proceedings. regarding sensitive matters,that:
(a) Departments and agencies shall have the right
to request that testimony be given only in executive session,
that in some instances testimony be "off-the-record" and
that certain testimony be heard only by members and in
some cases only by the Chairman and Vice Chairman.
(b) Witnesses be afforded an opportunity to review
and comment on and/or correct the record of their testimony
prior to any publication of it.
(c) The "Third-Agency Rule" is binding upon members
of the United States intelligence community and may require
witnesses representing one member of the intelligence
community to decline to testify concerning matters within
the proprietary purview of another community member.
2. It would also be desirable if the DCI could secure agreement
with the Chairmen of the Select Committees that those agencies
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furnishing documents to the committees be authorized to excise from
those document, prior to presentation, the names of their personnel
as well as those of other individuals whose safety or individual privacy
may be jeopardized by disclosure. This would include names of
sources or specific information on highly technical devices and
operations in keeping with the DCI's responsibilities to protect
sources and methods.
3. J k' eO DC/ o scl..ce-viceJ Q~rc~ Qgtce e~rner~z ~`
ry.7. n , ee , ) Gt~f/L CK~ ~~t.C..C+C/C.C.X.tii czr~Y LtiY WC-/ C/ C./vwe-.e~ C.G,2./
y0.4 ~ G-14L CI-
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GUIDES FOR PROTECTION OF CLASSIFIED. INFORMATION
AND DOCUMENTS FURNISHED THE SELECT COMMITTEES
1. Personnel Security Clearances
(a) Background Investigation
It would be desirable for the Select Committees to stipulate that
no-staff member is to be given access to any classified material,
testimony or information received or generated by the committees
without prior receipt of a security clearance based on a full field
investigation.
(b) Secrecy Agreement
It would be desirable for the Select Committees to require a
signed secrecy agreement of employees or individuals assigned to
the committees' staffs. The agreement should include provisions:
1). That acceptance of committee secrecy regulations
is a condition precedent of employment or assignment;
2) Recognizing US Government property rights to
classified information;
3) Requiring prior written consent before divulgence
of classified information.
4) For recognition that breach of the secrecy rules
and obligations contained in the agreement could subject the
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signer to administrative and/or legal action under
appropriate statutes;
5) That there is no time limit on the terms of the
agreement.
2. Physical and Document Security
The Select Committees should adopt rules to insure that the
secrecy of any sensitive information received or generated by it be
preserved. These rules be made known to the individuals and
agencies who will be called upon to present testimony or materials.
Among these should be rules on physical security and document
security.
(a) Physical Security
It would be desirable if the Select Committees adopt the following
.rules related to physical security:
1) All classified material will be storednfor safe-
keeping in the registry of the Joint Committee on Atomic
Energy or similar facility and handled in accordance with
the regulations of this registry for classified material.
3) Material should b stared in wits when not in ---
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K.u-~-Orn1
X21, Guard protection,ishould be required cam. thwnarea.
JA Areas selected for use in closed session should
be guarded against entry by unauthorized persons.
9181 Agencies presenting testimony should be permitted
to conduct or arrange with the Sergeant-at-Arms to conduct
audio countermeasures inspections to preclude the possibility
of surreptitious use of transmitters and/or unauthorized
recording devices similar to the device located in the
Rayburn House Office Building on 12 February 1973.
$,K) At. the end of each session of the Select Committees,
the hearing room should be examined by a cleared staff
officer who will secure any misplaced classified material
or waste.
2) Areas should be designated in which classified
material can be reviewed. These areas should be secure
against access by unauthorized personnel. Material should
not be removed from these areas for the sake of convenience
except when necessary for the work of the committees and
should not be transported overnight to the office or residence
of personnel of the committees.
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(b) Document Security
1) Committees should select and identify a single
location/and specific personnel authorized to sign acknow-
. It ledgement of receipt of classified materials provided -by
the committees.
2) A system of document control should be established
to permit control of classified documents to provide for.
accountability.
3) Duplication of documents should be controlled so
as to pe a record of the document reproduced, the
number of copies reproduced, and the custodian or
receiving personnel. Reproduced classified documents
should be subject to the same controls as the original.
4) Appropriate arrangements should be made for
the destruction of classified waste.
5) Transcripts. The committees should give
consideration to the necessity of providing appropriate
security in the transcription of testimony by committee
transcribers. The committees may desire to charge each
agency presenting testimony with this responsibility. In
some, if not all cases, this might include escort of
4
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materials to the place of transcription, the securing of
carbons, waste and notes and the return of the transcribed
testimony to the committee for safekeeping in accordance
with committee rules.
6) At the conclusion of the committees' investigations
classified material should be reviewed for
.~~ Lc~L & -c~2 vcrr )
disposition,b7-T1e+d o contributors of material submitted
by them.
3. Security Of Ficer
It would be desirable if the committees appointed one member
of its staff as a security officer with the responsibility of discharging
the security rules adopted by the committee and of serving as a point
of contact with the departments and agencies of interest to the
committee. It. would also be desirable if the committee rules
required each agency of interest to identify a single point of contact
to facilitate provisions of security support required by the committee.
5
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US CODE TITLE 18, SECTION 798
798. Disclosure of Classified Information
(a) Whoever knowingly and willfully communicates, furnishes,
transmits, or otherwise makes available to an unauthorized person, or
publishes, or uses.in any manner prejudicial to the safety or interest
of the United States or for the benefit of any foreign government to the
detriment of the United States any classified information .
(1) concerning the nature, preparation, or use of
any code, cipher, or cryptographic system of the United
States or.any foreign government; or
(2) concerning the design, construction, use,
maintenance, or repair of any device, apparatus, or
appliance used or prepared or planned for use by the
United States or any foreign government for cryptographic
or communication intelligence purposes; or
(3) concerning the communication intelligence
activities of the United States or any foreign government; or
(4) obtained by the processes of communication
intelligence from the communications of any foreign govern-
ment, knowing the same to have been obtained by such
processes-
Shall be fined not more than $10, 000 or imprisoned not m )re than
ten years, or both.
(b) As used in subsection (a) of this section-
The term "classified information" means information which, at
the time of a violation of this section, is, for reasons of national security,
specifically designated by a United States Government Agency for limited
or restricted dissemination or distribution;
The terms "code, " "cipher, " and "cryptographic system" include
in their meanings, in addition to their usual meanings, any method of
secret writing and any mechanical or electrical device or method used
for the purpose of disguising or concealing the contents, significance, or
meanings of communications;
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The term "foreign government" includes in its meaning any
person or persons acting or purporting to act for or on behalf of any
faction, party, department, agency, bureau, or military force of or
within a foreign country, or for or on behalf of any government or any
person or persons purporting to act as a government within a foreign
country, whether or not such government is recognized by the United
States;
The term "communication intelligence" means all procedures
and methods used in the interception of communications and the obtain-
ing of information from such communications by other than the intended
recipients;
The term "unauthorized person" means any person who, or
agency which, is not authorized to receive information of the categories
set forth in subsection (a) of this section, by the President, or by the
head of a department or agency of the United States Government which
is expressly designated by the President to engage in communication
intelligence activities for the United States.
(c) Nothing in this section shall prohibit the furnishing, upon
lawful demand, of information to any regularly constituted committee
of the Senate or House of Representatives of the United States of
America, or joint committee thereof. Added Oct: 31, 1951, c. 655,
Section 24 (a), 65 Stat. 719.
798. Temporary extension of section 794
The provisions of section 794 of this title, as amended and ex-
tended by section i (a) (29)' of the Emergency Powers Continuation Act
(66 Stat. 333), as further amended by Public Law 12, Eightythird
Congress, in addition to coming into full force and effect in time of
war shall remain in full force and effect until six months after the
termination of the national emergency proclaimed by the President on
December 16, 1950 (Proc. 2912, 3 C. F. R. , 1950 Supp. , p. 71), or
such earlier date as may be prescribed by concurrent resolution of
the Congress, and acts which would give rise to legal consequences and
penalties under section 794 when performed during a state of war shall
give rise to the same legal consequences and penalties when they are
performed during the period above provided for. Added June 30, 1953,
c. 175, Section 4, 67 Stat. 133.
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The following sections of Title 18, U. S. Code, and Sec. 19 of the
Internal Security Act of 1950 (Public Law 831, 81st Congress) reflect the
pertinent provisions of the Espionage Act of 1917, as amended to date.
The Act of June 25, 1948 codified the provisions of the Espionage Act of
1917 with amendments thereto and placed all of the provisions of the
foregoing Acts into a single format.
TITLE 18
UNITED STATES CODE
CHAPTER 37. - ESPIONAGE AND CENSORSHIP
Section 792. Harboring or concealing persons
Whoever harbors or conceals any person who he knows, or has
reasonable grounds to believe or suspect, has committed, or is about to
commit, an offense under sections 793 or 794 of this title, shall be fined
not more than $10, 000 or imprisoned not more than ten years, or both.
Section 793. Gathering, transmitting, or losing defense information
(a) Whoever, for the purpose of obtaining information respecting
the national defense with intent or reason to believe that the information is
to be used to the injury of the United States, or to the advantage of any foreign
nation, goes upon, enters, flies over, or otherwise obtains information
concerning any vessel, aircraft, work of defense, navy yard, naval station,
submarine base, fueling station, fort, battery, torpedo station, dockyard,
canal, railroad, arsenal, camp, factory, mine, telegraph, telephone,
wireless, or signal station, building, office, research laboratory or station
or other place connected with the national defense owned or constructed,
or in progress of construction by the United States or under the control of
the United States, or of any of its officers, departments, or agencies, or
within the exclusive jurisdiction of the United States, or any place in which
any vessel, aircraft, arms, munitions, or other materials or instruments
for use in time of war are being made, prepared, repaired, stored, or are
the subject of research or development, under any contract or agreement
with the United States, or any department or agency thereof, or with any
person on behalf of the United States, or otherwise on behalf of the United
States, or any prohibited place so designated by the President by proclam-
ation in time of war or in case of national emergency in which anything for
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the use of the Army, Navy, or Air Force is being prepared or constructed
or stored, information as to which prohibited place the President has
determined would be prejudicial to the national defense; or
(b) Whoever, for the purpose aforesaid, and with like intent or
reason to believe, copies, takes, makes, or obtains, or attempts to copy,
take, make, or obtain, any sketch, photograph, photographic negative,
blueprint, plan, map, model, instrument, appliance, document, writing,
or note of anything connected with the national defense; or
'(c) Whoever, for the purpose aforesaid, receives or obtains or
agrees or attempts to receive or obtain from any person, or from any
source whatever, any document, writing, code book, signal book, sketch,
photograph, photographic negative, blueprint, plan, map, model, instru-
ment, appliance, or note, of anything connected with the national defense,
knowing or having reason to believe, at the time he receives or obtains,
or agrees or attempts to receive or obtain it, that it has been or will be
obtained, taken, made, or disposed of by any person contrary to the
provisions of this chapter; or
(d) Whoever, lawfully having possession of, access to, control
over, or being entrusted with any document, writing, code book, signal
book, sketch, photograph, photographic negative, blueprint, plan, map,
model., instrument, appliance, or note relating to the national defense, or
information relating to the national defense which information the possessor
has reason to believe could be used to the injury of the United States or to
the advantage of any foreign nation, willfully communicates, delivers,
transmits or causes to be communicated, delivered, or transmitted or
attempts to communicate, deliver, transmit or cause to be communicated,
delivered or transmitted the same to any person not entitled to receive it,
or willfully retains the same and fails to deliver it on demand to the officer
or employee of the United States entitled to receive it; or
(e) Whoever having unauthorized possession of, access to, or
control over any document, writing, code book, signal book, sketch,
photograph, photographic negative, blueprint, plan, map, model, instru-
ment, appliance, or note relating to the national defense, or information
relating to the national defense which information the possessor has
reason to believe could be used to the injury of the United States or to the
advantage of any foreign nation, willfully communicates, delivers, transmits
or causes to be communicated, delivered, or transmitted, or attempts to
communicate, deliver, transmit-or cause to be communicated, delivered,
or transmitted the same to any person not entitled to receive it, or willfully
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retains the same and fails to deliver it to the officer or employee of the
United States entitled to receive it; or
(f) Whoever, being entrusted with or having lawful possession or
control of any document, writing, code book, signal book, sketch, photo-
graph, photographic negative, blueprint, plan, map, model, instrument,
appliance, note, or information, relating to the national defense, (1)
through gross negligence permits the same to be removed from its proper
place of custody or delivered to anyone in violation of his trust, or to be
lost, stolen, abstracted, or destroyed, or (2) having knowledge that the
same has been illegally removed from its proper place of custody or
delivered to anyone in violation of his trust, or lost, or stolen, abstracted,
or destroyed, and fails to make prompt report of such loss, theft,
abstraction, or destruction to his superior officer-
Shall be fined not more than $10, 000 or imprisoned not more than
ten years, or both.
(g) If two or more persons conspire to violate any of the fore-
going provisions of this section, and one or more of such persons do any
act to effect the object of the conspiracy,.. each of the parties to such
conspiracy shall be subject to the punishment provided for the offense
which is the object of such conspiracy. June 25, 1948, c. 645, 62
Stat. 736; Sept. 23, 1950, c. 1024, Title I, Sec. 18, 64 Stat. 1003.
794. Gathering or delivering defense information to aid foreign
governments
(a) Whoever, with intent or reason to believe that it is to be
used to the injury of the United States or to the advantage of a foreign
nation, communicates, delivers, or transmits, or attempts to com-
municate, deliver, or transmit, to any foreign government, or to any
faction or party or military or naval force within a foreign country,
whether recognized or unrecognized by the United States, or to any re-
presentative, officer, agent, employee, subject, or citizen thereof,
either directly or indirectly, any document, writing, code book, signal
book, sketch, photograph, photographic negative, blueprint, plan, map,
model, note, instrument, appliance, or information relating to the
national defense, shall be punished by death or by imprisonment for any
term of years or for life.
(b) Whoever, in time of war, with intent that the same shall be
communicated to the enemy, collects, records, publishes, or communi-
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cates, or attempts to elicit any information with respect to the movement,
numbers, description, condition, or disposition of any of the Armed
Forces, ships, aircraft, or war materials of the United States, or with
respect to the plans or conduct, or supposed plans or conduct of any
naval or military operations, or with respect to any works or measures
undertaken for or connected with, or intended for the fortification or
defense of any place, or any other information relating to the public
defense, which might be useful to the enemy, shall be punished by death
or by imprisonment for any term of years or for life.
(c) If two or more persons conspire to violate this section, and
one or more of such persons do any act to effect the object of the con-
spiracy, each of the parties to such conspiracy shall be subject to the
punishment provided for the offense which is the object of such con-
spiracy. June 25, 1948, c. 645, 62 Stat. 737; Sept. 3, 1954, c. 1261,
Title II, Section 201, 68 Stat. 1219.
Section 795. Photographing and sketching defense installations
(a) Whenever, in the interests of national defense, the President
defines certain vital military and naval installations or equipment as
requiring protection against the general dissemination of information
relative thereto, it shall be unlawful to make any photograph, sketch,
picture, drawing, map, or graphical representation of such vital military
and naval installations or equipment without first obtaining permission
of the commanding officer of the military or naval post, camp, or station,
or naval vessels, military and naval aircraft, and any separate military
or naval aircraft, and any separate military or naval command concerned,
or higher authority, and promptly submitting the product obtained to such
commanding officer or higher authority for censorship or such other
action as he may deem necessary.
(b) Whoever violates this section shall be fined not-more than
$1, 000 or imprisoned not more than one year, or both.
Section 796. Use of aircraft for photographing defense installations
Whoever uses or permits the use of an aircraft or any contrivance
used, or designed for navigation or flight in the air, for the purpose of
making a photograph, sketch, picture, drawing, map, or graphical
representation of vital military or naval installations or equipment, in
violation of section 795 of this title, shall be fined not more than
$1, 000 or imprisoned not more than one year, or both.
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Section 797. Publication and sale of photographs of defense installations
On and after thirty days from the date upon which the President
defines any vital military or naval installation or equipment as being
within the category contemplated under section 795 of this title, whoever
reproduces, publishes, sells, or gives away any photograph, sketch,
picture, drawing, map or graphical representation of the vital military
or naval installations or equipment so defined, without first obtaining
permission of the commanding officer of the military or naval post,
camp, or station concerned, or higher authority, unless such photo-
graph, sketch, picture, drawing, map, or graphical representation
has clearly indicated thereon that it has been censored by the proper
military or naval authority, shall be fined not more than $1, 000 or
imprisoned not more than one year, or both.
INTERNAL SECURITY ACT OF 1950
(Public Law 831, 81st Congress)
PERIOD OF LIMITATION
Sec. 19. An indictment for any violation of title 18, United States
Code, section 792, 793, or 794, other than a violation constituting a
capital offense, may be found at any time within ten years next after such
violation shall have been committed. This section shall not authorize
prosecution, trial, or punishment for any offense now barred by the
provisions of existing law.
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SECRECY AGREEMENT
I~ in accepting employment
or assignment with the Select Committee to Study Governmental
Operations with Respect to Intelligence Activities, recognize the
special trust and confidence placed in me to protect classified
information from unauthorized disclosure.
I hereby agree to accept the specific obligations set forth
below as a condition precedent of my employment or assignment with
the Select Committee to Study Governmental Operations with Respect
to Intelligence Activities, established by the Senate of the United
States, Resolution 21, agreed to on January 27, 1975, hereinafter
referred to as the Select Committee.
It is my understanding that in the course of my employment
or assignment with the Select Committee I will be given access to
information from departments and agencies of the Government which
is classified in accordance with the standards set forth in Executive
Order 11652 of March 8, 1972, as amended. All classified information
so acquired by me in the course of my employment remains the
property of the United States of America and I further agree to
surrender upon demand by the Chairman of the Select Committee or
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his designees or upon my separation from the Select Committee,
any classified material which has come into my possession as a
result of my employment or assignment with the Select Committee.
I hereby agree that I will never divulge, publish or reveal
by word, writing, conduct,
4 , s o b,._.,de st or otherwise any classified information which
has come to my knowledge as a result of my employment or assign-
ment with the Select Committee, without prior written consent of the
Chairman or the President of the Senate or their duly authorized
representative.
I hereby agree that any information learned during my
employment or assignment with the Select Committee which is
related to intelligence and prepared for publications by me will be
submitted to the Chairman or the President of the /Senate or their
duly authorized representative prior to discussing with or showing
to any publisher, editor or literary agent for the purpose of deter-
mining whether said material contains any classified information as
defined in Executive Order 11652. I agree that the Chairman of the
Select Committee, President of the Senate or their duly authorized
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representative has the authority to make the final determination
as to whether information is classified and thus should be deleted
from the material submitted.
00
I Y`caue~ ~ zed yp ~,o
(Insert relevant
codes and sections as considered appropriate by the Department of
Justice) and understand their meaning.
Further, I agree to abide by such rules and procedures as
the Select Committee shall institute for the protection of classified
material. I understand that any breach any part of the obligations
in this agreement could subject me to legal ancadministrative action.
I further agree that all the conditions and obligations imposed
on me with respect to the protection of classified information by
this agreement and applicable security regulations apply during
my employment or assignment and continue after that relationship
has terminated.
I take the obligations set forth above freely and without any
mental reservations or purpose of evasion.
Signature
'DTC
Signature
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Date
 25X1.A
Approved For Release g1\1 L33 CIA-RDP83BO
The Congress of the United States has placed
a responsibility on the Director of Central
Intelligence to protect intelligence and intelligence
sources and methods from unauthorized disclosure
In accepting employment with the Select Committee
to Study Governmental Operations with Respect to
.Intelligence Activities, I recognize the special trust
and confidence placed in me to protect classified
information from unauthorized disclosure.
ENTRANCE ON DUTY SECRECY AGREEMENT
1. I, hereby agree to accept
as a condition precedent of my employment with the Select Committee to Study
Governmental Operations with Respect to Intelligence Activities, established
by the Senate of the United States, Resolution 21, agreed to on January- 27,
1975, hereinafter referred to as the Select Committee, the specific obligations
set forth below.
2. It is my understanding that in the course of my employment with
the Select Committee I will be given access to information which is classified
in accordance with the standards set forth in Executive Order 11652 of
March 8, 1972, as amended. All classified information so acquired by me
in the course of my employment remains the property of the United States
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of America and I further agree to surrender upon demand by the Chairman
of the Select Committee or his designee, or upon my separation from the
Select Committee, any classified material which has come into my possession
as a result of my employment with the Select Committee.
3. I hereby agree that I will never divulge, publish or reveal by
writing, word, conduct, including interviews for radio and television,
broadcasts, or otherwise any classified information, including CIA cover
arrangements, to any unauthorized person without prior written consent
of the Chairman or the Director of Central Intelligence, or their duly
authorized representative. I further agree that any information learned
_th - --
during my employment with the Select Committee which is related to
intelligence or intelligence sources and methods and prepared for
publication by me will be submitted to the Central Intelligence Agency
prior to discussing with or showing to any publishers, editors or
literary agents for the purpose of determining whether said material
contains any classified information as defined in Executive Order 11652.
I agree that the Central Intelligence Agency has the authority to make
the final determination as to whether information is classified and thus
should be deleted from the material submitted.
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4. I understand that the burden is upon me to ascertain if the
information is classified and who is authorized to receive it.
5. I understand that any breach on my part of the obligations
contained in this agreement could subject me to administrative action,
including termination of my employment. /I further agree that all the
conditions and obligations imposed on me with respect to the protection
of classified information by this agreement and applicable security regu-
lations apply during my employment and continue after that relationship
has terminated.
6. I take the obligation set forth above freely without any mental
reservations or purpose of evasion.
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 January,/ 28;::19 -CON
through a gove{nment oree:Si]L'iAY01
- --
popurar VUia[[i,necrecaryof ne [cuicures:ar[
-- --"----?- -;;,...- am aware .that-the CIA-is specifically-_,.,
Butz whose department has the, say-so on. traneous-matter.) ?.;..:;:..`;
M SIKES M Sek o proscribed from internal seit f
food and nutrition: A candidate given credit ., -.r..r.paer,n the 22dcuryune-
by those in the. know is. Roy L.,Ash, director. , of .. December, the New.=;:York ' Times Lions. if someone has-evidence that CIA
by Congress, his-order will prevail.,;: charter, conducted a illegal do- matters can be discreetly explored and-.,
th
e
CRI1, M~7AL=7ACTIVITIES- OF THE. CIA
sy "' a, " Preesisi ei"dentia al
c o om "' m ""o ission ""`was a :. - have had a distinguished- succession of
(?his. HOLTZMAN asked and was given pointed and. congressional- committees, Directors of Central -Intelligence-Mr..-
point in the REcoRD and to Include ex- it is already abundantly clear that., the iiiiat naoorn, ivir. ivicuone, Mr., Dulles,
traneous matter) activity which is under attack and which to name some. They are dedicated men-
Ms. HOLTZiVIAN. Mr. Speaker, today may have been used purposely to stir up dedicated to our Nation, the need for ob
I am resubmitting, with -24 cosponsors, the fuss: _ ]ective, intelligence. They- have been -
a resolution of inquiry calling on the Was not a domestic operation; 'served by equally devoted professionals
President to disclose to the House Judici- Was not in violation. of CIA's charter; within_CIA who helped give us the type
regarding possible criminal acts commit- Was not illegal. Made_? possible "treaties: on:-nuclear
behalf of Congressman JOHN BURTON and . sworn testimony given to congressional aavea the Nation literally hundreds, of
myself at the beginning , committees,. this New York Times alle millions of dollars by accurately assess--
assess--
The resolution has abeen- - this referred, d to to the gation. .ing the force structure against: us; and
The ree - '~ -~ -_? `, ":?::.:~. _
Judiciary- Committee: Mr: Speaker, the essential facts .have Forestalling: miscalculations by our
~.in was asxea, slanging.. in 1y67 ...to ivir.speaker,. such people are the'pre-
does not inquire into the CIA s adherence..:
to Orviolation.of its 'own charter: :Other help, ;determine if anti-American for servers of our. system, .not'its destroy-
`-
fi
'
ed in leads supplied mostly by t tbe FBI- dermine that orie
institution in 1;~!r q~d_
reptitloq.5~ entry,. burglary, intercepting
maiiwiretapping 'and electronic and eras structure which is assio~ned the es-
veiIla- wi not .pursuant- to court to corder, : - CIA s 'job then was to r- eport'back to sential task of giving us the unvarnished
and maintaining files t U.S. citizens=.: , the. FBI-.:or -other. appropriate authorities - truth about the-- world ? around us_ Let
thereby engaging in the violation of Fed-".. gn travel- where they us remember instittutions after all- are
oral by en aT.statutes w on ent who their . ;foreithey, saw ?: what they did only the length and breadth of the shad
'r cr ~r:.aa l . Committee has over- abroad - _. ows of those who work within t'r em Let
? Speaker, I submit that the foreign S not -now unfairly: besiege' 'and: -be-
sight responsibility for. the enforcement aspect of this situation fits- foursquare leaguer -those who have served so well.
of our Federal criminal laws. The recent
within the CIA's foreign intelligence. Let us give then the tools and the over
allegations regarding the CIA make it charter-there simply is no other Fed sight' they deserve and ' need. Who. but
imperative that the - committee- deter- oral egeMcy -intended for . _ .. the People or,
mine whether the existing laws are the
e job or intelligence ence collection abroad.-', benefit -from- compromising and'' inter;
selves -sufficient to deter Government in fact; failure to carry out.such an as fermg with CIA?
agencies from -.violating the laws and signment.would be tantamount to a der.-
abusing' the- rights of-citizens
...
eliction of duty.. 7
Allegations of high-handed and crimi- Now it is clear, Mr Speaker that this WHO Wes' AWARD DAMAGES :TO
nal -behavior by-the CIA-area very serf intelligence collection -program" abroad T VICTIMS. OF THE MAY-DAY .
DEMONSTRATION?..
ous matter. Surely one of the principles has either been misunderstood or some=
on which our system is based Is that no---:.one has been the victim of intended dis -(Mr'SIKES asked aridwas given-per-
of- TT
body is abovethe law-not the President tortions. But to confuse matters-further, mission to extend his remarks at this
and not the. CIA. It is imperative that someone has lumped together with this point-in the RECORD and' to include: ex- ?
agencies of Government, as well as priv- program several undertakings within the traneous'matter.)
ate citizens, be made to abide by our United States-activities anyone is free Mr. SIKES. Mr.-Speaker one
laws. of -the-
to either applaud or deplore-designed ` more ridiculous court actions of recent
I urge my. colleagues to support this to protect intelligence sources and meth- - times is an award of $10,000 each to law-
esolution when it comes to the floor. ods-an obligation imposed upon the Di- breakers who sought to shut down our
The 24 cosponsors of the 'resolution rector of Central Intelligence by the Na- country. Nevertheless, that is what has
are: Ms. Aezuc, Mr. BADILLo, Mr. BAUCUS, tonal Security Act of 1947. - happened in the-case of 1,200 demon-
Tr. BROWN of California, Mr. CovYERs, Mr. Speaker, I am one of-those privi- strators who were booked by police in
Mr. DELLUMS, Per. FORD of Tennessee, Mr. leged to sit on the Appropriations Com- Washington during the May Day in- -
IARarNCTON, Mr. HAwxiNs, Mr. HELSTO- mittee which considers, evaluates and vasion of the Capital in 1971. It is to be
uI Mr JENRE M
i e
K . t
e
x
r
ocx Mr MET
c s or approves CIA s budt I k hd tht hi
,.-ge.nowopea agher court will overturn
.Au ; Mr. MITCHELL of Maryland, Mr: how costly some of our intelligence col- this absurd decision
.
tANCEL, Mr. RICHbIONn, Mr. RosgN - L, 1?ction systems --are. I am aware that Wlieft_ the demonstrators came to
Mr. Rovxat, Mr. SoaArz, Mr. STARsr, Mr.. countermeasures can' deny us the bone- Washington vowing to shut down the
TOicas, Mr. -WAXMAN, Mr. \VE:ivzs, and fit of vital information. I am aware of Capital City and the Government of the
[vlr. CHARLES H. WILSON of California. the threat to the safety of individuals United States, they came here deter-
Approve d For Release 2001/09/03: CIA-RDP83B00823R000706040040-3 -
RESSIONAL .RECORD--= HOUSE--
WHO
vv nv is v t 1 tfi$ Yk vPL,E SEEK who collaborate with CIA, If' their - se-
TO DESTROY' US WILL BENEFIT crets are compromis
d:Th
e
erefore I am
., FROM- COMPROMISING :AND M- going to err,- if. I must, on the. side of,-