PROPOSED AGENDA FOR AD HOC GROUP OF USIB ON CONGRESSIONAL INVESTIGATIONS - 31 JANUARY 1975

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83B00823R000700040044-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 21
• Document Creation Date: December 9, 2016
• Document Release Date: March 23, 2000
• Sequence Number: 44
• Publication Date: January 31, 1975
• Content Type: AG

Approved For Release 2000/09/03 : CIA-RDP831300823R000700040044-9
PROPOSED AGENDA FOR AD HOC GROUP OF USI
ON CONGRESSIONAL INVESTIGATIONS - 31.January 1975
1. Security
. Discussion of DCI Rough Outline of Speech
3. Development of Annexes
A. IC Staff is writing an Annex on the anomalies in the Law.
B. Would like FBI to take CIA Appendix I - The Counter-
intelligence Piece Provided the Commission. Also NSA.
C. DIA on Intelligence Process
D. CIA on Intelligence and Secrecy
e_)tif
E. IC to Develop a Rc5e..rrLe Annex
,r/ / -f.
F. IC to Pull Together Chronology of Reviews
Approved For Release 2000/09/03 : CIA-RDP83600823R000700040044-9
? Approved For Release 2000/09/03 : CIA-RDP83B00823R0007000400449
January 27, 1975 CONGRESSIONAL RECORD ?SENATE S 969
ltles?the Defense Intelligence Agency. the
'National Security Agency, the Federal Bu-
reau of Investigation, and the Secret Service.
For that reason, we should certainly make
the best use of these persons; we should
build upon their knowledge and experience.
- At the same time., I believe we could bene-
fit from new and fresh perspectives which
could bring to such review an inquiring ap-
proach which might not only develop 318W
ideas but also do much to insure a positive
public response to the ultin:iste findings and
recommendations.
I do, consequently, support establtsh-
raent of a special committee to review in-
telligence operations in this country. I also
think, however, that our intent and deter-
nalnation to insure a broadly representative
committee must be made clear.
To accommodate the representation of the
various views. I proposed in the Democratic
Conference that we consider an 11-member
body, rather than a smaller one. While this
is an adraittedly rather large committee, in
this particular case, I believe that- it is re-
quired_ Many Committees have some juris-
dictional claim over intelligence activities.
Interest an.d concern over this matter goes
Tar beyond the jurisdictional bounds of com-
mittees, encompassing, I would imagine,
every member of the Senate. Views on the
subject vary widely. -
Furthermore, / believe that the special
committee must have broad authority, as
the resolution contains. It must be em-
powered not only to investigate possible il-
legal activities and abuses in the intellie
gence. community, but also to review - the
mandates of the agenCies concerned; to study
the role a intelligence in today's world and
to make recommendations regardbag the type
of structure vehleh can best meet the intel-
ligence objectives which are deemed neces-
sary and proper. '
Some may perceive the proposal before us
. BA fraught v;ith impltcations. of sensationel-
ism ar.d headline hunting?an approach
which we cisarly cannot afford and which
we would be irresponsible to permit. Our de-
termination on that point, too, should be
made clea.r. But in this year?so soon after
Watergate?w&. cannot leave in doubt the
operations and activities of agencies Involved
in such sensitive and significant endeavors.
We must instead place our important Intel-
ligence-gathering activities on a sound and
viable basis. In this case, skeletons in the
cioset are likely to haunt Us not only at
borne but also abroad, not only on security
issues but also in domestic politics. They
must be laid to rest.
The alternattve is to let matters ride, to
permit a serie.s of well-intentioned but over-
lapping ineestigations proceed, to divide ef-
forts at a time when prompt and comprehen-
sive action is needed.
Thus, the preferable course, it seems to me
Is the creation of a special committee (1)
broaelly representative of the various Con-
gressional concerns on intelligence (2) dedi-
cated to a thorough investigation of ques-
tioned activities and current intelligence op-
erations and a reexamination of the role of
Intellizence operations 1Rotr society, and (3)
charged with the resporsibility of making
recoramendations to the Senate as expediti-
ously as pozsibie regarding both necessary
correcti7e. actions and the future structure,
authority and relationships within the in-
telligen :e C.D rnrinul ity.
I here Senate Resolfition 21 wilt P.ccom-
plL;h ,:h!s and that adoption of It would be a
rigit m-:In the right direction.
Mr. PASTORE. I now yield to my dis-
tinguj.shed colleagues from California.
Mr. CRANSTON. I than: the Senator
very much for yielding.
I tcan.t first ? thank th_e_Zaza,a,tar
Rhode Island prsweetircQft
ership in this matter. Without his help
we would not have accomplished as much
as we have so swiftly in this very impor-
tant matter. The efforts of the Senator
from Rhode Island have inaniZested a
quality of greatness.
I tile? want to thank the major leader
(Mr. MaNS1717.3.15), Senator MaTEIAS on
the minority side, Senator BAILS% Sen-
ator WEIMER, and others who did so
much of the vitally Important spade work
which has brought us to this point. .
I have been involved in this matter.
since 1971, when I questioned Senator
Elleruier, the then chairman of the
Committee on Appropriations, on the
Senate floor about expenditures for in?
telligence operations. I joined in earlier
resolutions prior to the time that I helped
in the support that has been brought to-
gether behind the Pastore resolution.
I agree, of course, with the Senator
from Rhode Island that we need an ef-
fective intelligence operation, we need
it operating under clear and wise ground
rules and under firmscontrol by the Ex-
ecutive and Congress. I have been crit-
ical of the CIA and ether intelligence
agencies for many of the things they
have done that they should not have
done. There have been serious abuses.--
But there also have been great accom-
plishments. There have been deeds done
by courageous and dedicated men and
women, many of whom have risked their
lives, and some of whom have lost their
lives, in service of their country. ? ?
I would just make these points for the
legislative history and for consideration
by the conureittee theit will be carrying
on this activity: ?
First. If anyone needs reminding, there
have been a series of revelations over
the past decade and a half that point
not only to the internal shortcomings of
Intelligence agencies in carrying out their
assigned tasks, not only the lack of co-
ordination between their operations and
national policy as declared by the Pres-
ident and Congress, not only to the fail-
ure of these agencies to communicate
with one another and with the President
and the standing committees of Con-
gress?but, also, and more alarming?to
their power to subvert the Constitution
and threaten freedom here at home while
darnaging?in the majority leader's
words?"the good name of the United
States" abroad.
Further, it must be admitted, their
power was often misused at the direction
of higher authority in the executive
branch?or with the acquiescence of
higher authorities?and with a knowing
wink or willful ignorance on the part of
many members of Congress..
Second. But the problem goes beyond
the CIA, the FBI, and other intelligence
agencies. It goes beyond foreign relations.
It goes beyond civil liberties at home. ?
Here the great issues of national sec-
urity and individual liberty are inex-
tricably linked. We have to get some
perspective on ourselves, on our origins,
on our immediate past, and on our fu-
ture?as we proceed from the aftermath
of the Cold War to what appears to be
an era of interdependence in a multipo-
lar world.
gisTaittY010Tta---AMAIB
constitutional government in the 'United
States. There has to be accountability
and responsibility. The intelligence agen-
cies Must be adapted to the needs of a
constitutional democracy in our time?
or they must be eliminated.
. We cannot eliminate them so we have
to do what is necessary to keep them
under control.. That is a job for Con-
grrIt.r cl. Therefore, as the Senate pro- .
ceeds to establish the- select _committee,
it is important to identify three irapor-
taut missions of this comnattteez .
First of all, it b charged with finding
the facts in cases of alleged wrongdoing.
Thus, the Pastore resolution empowers
the select committee to "conduct an in-.
vestlgation . . . a the extentoif any, to
which illegal, improper, or unethical ac-
tivities" have been eiagaged ia by the
intelligence agencies of the U.S. Govern-
ment. This will involve identifying in-
dividuals responsible for such activities,:
as well as their respective institutions.
and I cite paragraphs 1,. 2, 3, 10 of sec- -
Second, the - select committee
charged with going one step further. It is _.
to consider the institutional changes
needed in the organizatioxf of the execu-
tive branch arid changes needed in con-
gressional oversight mechanisms as
well?so that these abuses of power can-
not occur again I cite section 2, pare-
graphs 4, 5,. 6, 7; 8, 9,---and especial/y
11, 12, and 13, of Senate Resolution 21. ,
Finally, 'thee select committee . is di- .
rected to make a complete investigation
and study of the extent and necessity of
overt and covert intelligence activities
in the United States end abroad. I cite-
section 2 of paragraph 14. -
Fourth. It will be difficult fii-r? the _
select committee to carry out these inis-?
sions?no rriatter how sweeping the man-
date entrusted to it, no matter how great
Its delegated powers, and ito matter how
much access to secret documents and
processes is guaranteed-in the words of
the Pastore resolution.
. Just how does it inVestigate matters ?
that, in their essence, depend on not
being seen? How will the select corr.:nit- :
tee know when ibis not getting what It
needs to know to get at the full facts?- -
These questions are- . without - easy
answers. - - .
Section 3(a), paragraph /1 of Senate:
Resolution 21 is of great importance. It
grants the members and.. staff of the
select committee "direct access" to any
data, evidence, - information, report,
analysis or documents or papers" rela-
ting to the investia.gtion in the Possession.
of the intelligence agencies. ?
Despite this clause, it can be predicted?
that this information?in some in-
stances?will be given ine with great
reluctance and, indeed, some of it alree.dy
may have been destroyed.
Further, there will be a. tendency for
personnel of the intelligence agencies to
use the classification system as a means
of avoiding full testimony before the se-
lect committee. That is, they may "tell
the truth" or provide the facts at the
"top secret" or "secret" level, but not
include information available on a given
ittarigg ve or-
ation.
ders and precedents and "executive priv-
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S 970 . ? CONGRESSIONAL RECORD?SENATE January 27, 1975
safeguards for our legitimate operations
abroad.
I am hopeful that we can observe the
need. to conduct raa.ny of . our delibera-
tions in private. .1 think thM although
the objective set forth by the distill-
Leashed 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 inadeoth infor-
mation, it we go. into executive session.-
So I- think that what we must do is ?
have a balanced approach here,. recoare ive
that we have to- correct abuses, recognize-
that we must compel our intelligence- ?
g-athering operations to conduct them-
ilege" as shields a justification for not
telling all they know?even though they
are under oath.
Fifth. This problem could be greatly
alleviated if the Senate through its select
committee was guaranteed the full and
active support of. the Ford administra-
tion. in. this inquiry.? As Walter Pincus.
pointed out in. Sunday's Washington.
Post., such an in.vestigation must inevita-
bly end up questioning the past policies
and practices of. Presidents and. their
stat.
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 et 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 Dn. his tenure as Director a the
CIA_
Further, the present Director a the
CIA in his recent report apparently
pointed to his predecessor and previous
administ'ations as. being responsible for
acts of wrongdoing, The Senate should
be reminded that tins same man had contained within the Conarruttee on
spent his entire career on the operations Armed Services which does have over-
side of CIA before he became executive sight- jurisdiction over the CIA. But in
director and later director. Mr. Colby at; the spirit that this resolution has been
one time directed- the controversial and offered by the distinguished Senator
perhaps dubious Phoenix program in from Rhode Island, I am certainly pre-
Vieta 9.
am, and at one time he W5 deputy pared to accept itnbecause I think that
director for operations. DDO, in the the Senator from Rhode Island has set
CIA?with, responsibility for counterin- the right tone for the conduct of this in-
telligence and domestic _ operations vestigation and the subsequent conclu-
among others. sions to be drawn from
This investigation cannot succeed I think that some examination of the
without determining the individuals re- domestic activities of our intelligence-
aponsible for illegal and improper acts? gathering organizations should be in-
be they in the Oval Office, the National vestigated and I think perhaps such an
Security Council?and the 40 Committee investigation is overdue.
within it--the President's Foreign Intel- I think t is essential that agencies in-
ligence Advisory Board, the U.S. Intelli- volved in this kind of work be proscribed
gence Board, or in the individual agen- from activities that either violate their
cies. A number of the persons involved in charter, their congressional authorize-
? past actions still serve in high positions tions, or militate against the individual
in the Government. freedom of the American people.
So while the select committees' hives- I think, to that end, this is the most
tigation must not degenerate into a. witch important thing that our committee can
hunt, it cannot be a picnic, either. For do or that the select committee when it
here are bound. to be a lot of skeletons is chosen can do.
in a lot of closets. Individuals and agen- It is my view that we can develop con-
sitive--that bear upotethe matters and
? questions posed in Senate Resolution 21.
In. this regard, any classification?de-
claiii m
sacation system employed should be.
devised by the select commite--in co-
operation with the executive branch, if
possible. After all, one of the issues at
stake is secrecy itself. The emphasis
throughout should be on sharing the-
maxtrauna amount of information with
the public. .
Seventh. In conclusion, several ele-
ments are required for a successful in-
vestigation. and study: A continuation of
aggressive investigative reporting on the
part a the press, and. I know that will
occur; a. select coramittee with raembers
and staff interested in getting all t e
facts and sharing them with the Amen-,selves within the purview of the law that
can people to the extent possible; the authorizes them., and, at the same time
full cooperation of the executive agen- recognize the vital interest a the United
cies involved; sources and witnesses who States from the geographic, strategic, po-
? are assured of proper protection along lidcal, tactical, econoraic situation that
the way. we find ourselves tin and make sure we
Again I thank. the Senator from do not hobble ourselves and render our-
Rhode Island, the majority leader, and selves at such a disadvantage that we
the many others for the magnificent cannot maintain the kind of internation-
work that has brought. us to this point al posture we need.
on this day. - I might mention. one other' thing. Mr.
Mr. TOWER. Mr. President, I yield President, and that is leot only the neves-
myself such time as I may require.. sity to protect some of otrr agents or some
Mr. President, I will be very candid of our covert operations abroad, but also
with the Senate. It was my original feel- the confidence placed in us by foreign
ing. that, this matter should have beer, governments. We must, I think, be care-
ful not to embarrass- foreigngovern-
ments, not. just friendly governments, but
perhaps some mutual governments and
some that may not appear to be so
friendly that may have supplie.d us some
cooperation; and I would hope we would
take care not to embarrass governments
of the 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. T there- the Senator
for yielding. ?
Oa one point he mentioned, I recog-
nize that there will have to be closed
door sessions, Erst, 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 thiolc it is quite a.ppro- -
priate.
I would like to a6k one question aod
make one point about it.
First, I think, as I said in my earlier
remarlos just now, that the committee-
must control the classification. and. de-
cies involved in wrongdoing or ques- structive legislation that a o
tionable practices must be identified. Or proscriptions and . such protections. I classification. process, hopefully in coor-
else the American people will be ill served ? would express the hope that has already 0 ina.tiot and. cooperation with the ad-
by another coverup. . been expressed by the distinguished Sen- ministration, but It cannot get itself into
Some have stated that this investiga- ator from Rhode. Island that we can con- , a situation where it is unable to do cer-
tion must not be a. "TV spectacular." But duct our work in a responsible way, so tamn. work that it feels it must do.
it must not be conducted behind closed - as 0 preserve the confidentiality of mat- In regard to the specific arne.ndment
doors, either. 'Protecting the national ters that impact on the national security that the Senator has offered, under his _
security" arguments must not stand in a the United Statesef America. amendment how do we prevent the-exec-
the way of the American people's full We must recognize that our adver- utive from abusing this authority?
tmde.rstanding of this problem, and they series and our potential adversaries have For example, suppose they did not,
? must not stand in the way of publicly' had a sophisticated intellige.nce-gather- - cooperate? .
assigning responsibility for past actions. ing organization. that they have an ad- . Mr. TOWER. If the Senator frcrn Cali-
Again, the fundamental issue is account- vantage over us in that they opF...rate in fornia will withhold on his question, I
ability and responsibility under a consti- this country in a free society, and in most was going to engage in colloquy with. the ?
tutional system of government. - respects in our operations abroad we op- Senator from Rhode Island on this mat-
Therokoiodooilf ason lie&wieiistlons erate .in closed societies,. making the ter.
. , ?
cannot be discussed in open hearings, and ca e cif , rgtMaiirft 3Rti0d310114?0444.4 will bring all .
of p.ol
all facts bared?except for the most sen- I thine: we do have to afford adequate this out.
set:2?439MP 'Pt'
Approved For Release 2000/09/0.3 ik6MPV?T423R000700040044-9 S 967
CONGRESSIONAL
_LT 17t,-.7-? 27 1975
w least 5 years within Ile 8-yeer perk) ending
I.
on the d..ta of the sai
Taxpae ..r.s rneet these two requ meats
may e:e..:. to exclu the entire Er ? from
groes In- me if the adjusted sales price of
t1ae?..7 :es Cence is $2 ,OGO or less. ( is elec.
tioa ca:., only be in ee once duri a te.x-
payer's life-Arne.) If he adjusted s es price
exceeds ?:20.000, an election may e made
to excluiC part of t e gain based o a ratio
of 320.0C, o7.er the justed sales pri e of the
resn :4. '1,-) rrn 211 (Sale or Exc' age of
Persc,red7Resideace) is helpful in d tern:dn.-
ing ?,-eleat rain, if y, may be exc (led by
an eleeriy taxpayer hen he sells h home.
Adciiiienally, a tax ayer may elect ? defer
reporeing tele gain o the sale of his ? ersonal
resideec4 if within year before- o 1 year
after 7h4 eele. he bu s and .occuplee another
- residence, the cost o which equals-o exceeds
the acljuked sale prICe of the old r sidence.
Addleior4.1 time is Uowed if (1) e u con-
struct 7.-Z..e new rest ence or (2) u were
on acterp duty in 4tie US. Anna FOrCe9.
PUb1iC34X,.. 523 (Ta4 Inforrnation o
your Horn.e) may a1s be helpful.
? Bettrerievit I acorn . Credit.?To q
the re.tizernent income credit, you
be a E.S. citizen or reeident, (b)
ceived e9.rned. Income in excess of
each of any 10 caleedar yeare bet
and (c): have certeen types of q
'7:eV:ex:lentincomel Floe types of i
pensionsi annuities, interest, arid
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rents froln Sch.edule
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The el:edit is 13%.
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l_loth ta:e7-es.yers are
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Security ih a ne. fits or
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If the taxpayer Is
the7.-.,1.514 figure by
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62 years jc1 but less
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Form 12-1.-e.
1
was viol4ed. Had the nocide C
tion bee in existence two decad
those wh? perpetuated trocities
1933 and 939 could ha been bro
justice.
? This si uation displ s the sam
of inacti n that was brought 2
those res onsible for t' Armenia
sacres ev n though Tu ey and he
man alli were defea
There is evidence on
Hitler d y noted this
pared program o
Docume 5 introduce
berg tri s contain th
ment ma e by Hitler iL
before t e invasion of
What t a weak weste
tion thin about me ct
I have s t to the Ea
head uni with the or
rcy all men,
h race and
we win the
talks newaday
Armem.lans?
Selling Pity or m
of the POl
life for a way wt
Who- still
ust (a)
tion of th
8.78 re-
$600 in It is q
e 1974, stateme,
aillying world's ?
coe?
viden.ds '
Form 1040, a4 gross
meme c edit.
, Part II, colula (by?
rit inco
f tile lesser of:
ntHying retire ent
r a joint returi where
3 or older) mi us the
nsions (such Social
iiroed Retire nt an-
come (dependi g upon
d the amoun4 of any
).
der 62, he mils reduce
the amount c., earned
00. For persons at least
ban 72, this a ount is
Z the earned ir ome in
$1,7oo, plus t e total
ersons 72 and ver are
ned income lit itation.
or taxpayers w oclaim
credit.
nue Service e "1 also
at income cre t for 9.
uested that I com-
answers the q estions
and complete Rr.es 2
relating to the mint
benefits, Railr ? Re-
earned inco and
income (penei as, an-
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write "RIC" on Me 17,
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OF ?TE GE:N.50C
I
:Mr. PROXIVIRE
? the v.-c4t offenders
ClcIe1-,-.--2icyri thE. ace
the United -.Nation
terve' -, of 6 rni
Poles. 1:42,ed_recls of
Serbs. at.-_ci alISSiafl
it i
*:."3,S , ecideci lia.
'Wl--_,The Nure
be y.:-.-11,::ned for a
ir.i.-..eci to:lor to 1
trib i.-.2.7..1 -6- hich tri
crimes -, zainst hun
sider ?I. -.:es occi
on the TyprioVe
IALS ONLY
R THE ADO
E TREATY
President
of the crime o
ion was outla
was the Na-
lion Jews. 2 V.!
thousands of
. ?
berg trials co vened
the Nazis coi ld not
ts of genocid corn-
39. The Nur raberg
d war cim4Js fOr
anity refused IC con-
rring before t
EIN-
TION
sacres
pleased.
when th
to show
The C
that dis
concern
United
a
import
one of
g eno-
ed by
's ex-
(Union
zechs,
in World
the recor4 that ceeded to call the roll.
act when he pre- Mr. TOWER. Mr. President, I ask
exterrnin'ations. unanimous consent that the order for the
at the Aurem- quorum call be rescinded.
following Istate- The PRESIDING OFFICER. Without
August 1929 just objection, it is so ordered. _
Poland: Mr. TOWER. Mr. President, I ask
European nivilizae unanimous consent that Miss Pam Tur-
not matr. r.er, of my staff, have the privilege of
eath's the floor during the consideration of Sen-
ven- Mr. ORLI. IN. Mr. President, will the
ago Senator yield?
ween Mr. MANSFIELD.' yield..
ht to Mr. GRIFFIN. Mr. President, I ask
? that the time on this side be yielded to
kind the control of the Senator from Texa.s
ainst (Mr. Towea).
mas- The PRESIDENTG OFFICER. The clerk
Ger- will call the roll.
\Tar I The assistant legislative clerk pro-
only my
er to kill
men, and
age. Only
tal space
of the ext
'te apparent rom the p
that Hitle interpre
aztion on t ArMerlia
tacit cons nt to do
y should ? e world s
y have alway failed in t
concern?
nocide Tree
lays the wo
ver acts of
ta.tes has re
t doctunent.
further ntemational
in the hopes of eh
crimes ainst humar
leagues o join me
Genocid Convention
The P ESIDING OPFIC1IR.
for the onclusion a morning
having arrived, morning bu.s
closed.
CO
CLUSION
BUSEN
is the do
id's antra
en.ocide.. Tet the ceeded to call the roll. - ? ?
used to slim this ? Mr. PASTORE. Mr. President, I a.sk ;-
the int rest of unanimous consent that the order for
eace and safety, the quorum call be rescinded. .
ating alli future The PRESIDING -0F.e10ER. Without
ty, I urge y col- objection, it is so ordered.
support of the Mr. PASTORE. Mr. President, a parli- ?
coords. amentary inquiry.
. The PRESIDDIG 0.Kee.CER. The Sen-
ator will state it. .
G Mr. PASTORE. What is the pending
business?
The. PRESIDING -OFFICER. The :
pending business is Senate Resolution
No. 21. .
Mr. PASTORE. Mr. President and col- -
leagues, I am not going to belabor this
- measure this morning by an extended
SELECT COMM. .. TO STUDY explanation. As a matter of fact, I did
GOVERNYMNTAL 1NTET,T ,TGENCE- - explain it last week and I ? think that
- GATHERING ACTrvi.e.i.ES - what we are trying to achieve is quite
The PRESECING 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 wa-s 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- mernbe.rs of the select 'committee, so I
half of the Federal Ooveriarnent. construe from that that the other side
The PRESIDING, OFFICER. The time is more or les.s amenable tot-his resolu-
for debate on this resolution is limited to tion.
2 hours, to be equally divided between Mr. TOWER. Mr. President, will the
and controlled by the majority and Senator yield?
minority leaders or their designees, with Mr. PASTOI1E. Unless it was a gesture
the vote to occur. at 3 p.m. of futility.
Mr. MANSFIELD. Mr. President, 1 ? Mr. TOWER. It was acceptance of the
yield my time to the distinguished senior inevitable, I think. .. _
Senator from Rhode Island (Mr. PAS- Mr. PASTORE. Mr. President, I wish
TORE.). to make it abundantly clear at the out-
. ?-f' t that tlee .e.bI the CIA, and Militavy
.thout ate Resolution 21 and a.l. am
"'res.? thereto.
n Sue" The PRESIDDIG OFFICER (Mr. GARY -
traina- W. HART). Without objection, it is so.
need.
ordered. .
Mr. TOWER. Mr. President, I suggest .
evious the absence of a quorum.
d the Th > PRESIDLN'G OFFICER. On whose
mas- time?
as he Mr. TOWER. To be charged equally to
P him both sides. ? -
Le past The PRESIDING OFFICER. Without
objection, it is so ordered.
ument The clerk will call the roll.. - - . -
e and The assistant legislative clerk pro-
MORN
SS
time
usiness
ess is
I suggest the absence oa quorum, _?
e war the tune to be charged against both Intelligence are absolutely necessary to
the security nd th survival of this
We'v26 ? 6d/09/03
. CIA-RDP83600823R000700040
Ae
044-9
S968
great #ENC,c. 2nyons who questions they are. I am sure they win all render not only the acceptance of any findings and*
for a moment, anyone who should try or fine service. recommendations but also the poaelbllity of
ov d For ReleascecaMWelitreR3136#6M0007000400444 27, 1975.?
anyone who should even begirt to irnagine We do not Ineow yet who the members reecic4143g c'c'tttrat'thag views
theorl" .
171tirnately, the report of this select com-
mittee- must be widely accepted by many
elements of the American people. Otherwise,
efforts to correct peat improprieties and re-
store confidence in our government's ability
to conduct. in an appropriate manna- the --
very sensitive and important intelligence
function, will falter.
To fail to create a broadly- based committee
would in the end be a. disservice to ourselves,
the Senate, our country arid the American
people-.
Testimony already takerr In the Congress
strongly indicates that there have been
abuses and misuses of. authority within. the
Central Intelligence Agency.. Allegations, of
other prop etles. remain unanswered. A? .
virtual noodgate of quesloaa and charges
it says:
as been opened, en:rutting our intelligence
The type of security clearance to be re- community- in suspicion and uncertainty
quired in the case of any such employee or While some- of this may have been more sen-
person shall be commensurate with the SOTISt- cation. than substance, tha facts remain that
tivity of the classified information to which both. damaging testimony and allegations of
such employee or person will be given access serious misconduct are before us and that
by the select comnaittee, they have not been. rebutted to the satisfac-
tion of most, members of Congress or of the
American. people.
The floodgate cannot and should not be
closed; the questloe.s raised. must be an-
swered; the faith of the people in this moat
sensitive area of_ their government must be
restored. -
If an agency- has overstepped its author-,
ity, if it has violated the-rights of citizens
whom it is. supposed to serve, if it has. been.
involved In illegal activities, if it has been
utilized In derogation of its public trust,
then, these matters must be. fully in.v:e.sti-
gated. Corrective steps must beetaken.
There was an. earlier time- in. this Nation
when the agencies in question?born. in. a
turbulent area of violent crime half re cen-
tury ago, or in the aftermath of war 25 years
later--enjoyed a very different Image, They
that the Senator front Rhode Island is which must- be accoranaocisted.
trying to do anything to disrupt or to
injure in any way these fine agencies,
should immediately disabuse his mind
of it.
I have been connected for a long time
with the workings of these agencies. I
realize why they were instituted in the
first place. We could not survive as a
decent society without the Est We could
never survive as a great nation in this
troubled world, this sensitive world, with-
out a CIA or military intelligence. So I
wish to make- it abundantly clear, Mr.
President:, that what we are trying to
do is find out the abuses of the past and
also of the present, to find out how it
all started, how far it went, to remedy
these abuses and make sure that in the
future they will not happen: and in the
final analysis, ultimately, that the confi-
dence of the People wil be reaffirmed
, and strengthened in their appreciation
and their consideration, as to the essen- r think we ought to nail that down to
tiality of these great arms of Govern- be within the determination of the com-
ment. mittee
Mr. President, having said that, I must should like to add some language in
in all fairness say that there have been there, in the last sentence: "within the
some very serious abuses. I am not going determination Made by the committee
to debate them this morning. As a matter itself." .
of fact, our newspaper headlines ha;se Mr. TOWER. Mr. President, I wonder
been replete with a dissertation of what if I might visit with the distinguished
they are. There have been charges and Senator from. Rhode-Island.
countercharges, There have been those Mr. PASTORE. When the proper time
who have exaggerated some of the comes. I do not think we are too much
wrongs; there are those who have mini- in disagreement. I repeat what I said
mized some the wrongs. Because the su- last week when I was questioned by the
pervision on the part of Congress is distinguished Senator from Mississipei,
spread throughout several committees, the chairman of the Committee on
each of which has jurisdiction"
are on the majority side. X know X am
riot one of them: I do not want to be one
of them. I made that pledge at the time
that r introduced this resolution, that
I was not doing it for any selfish reason:
I was doing it because I thought it needed
to be done.
Mr. President, having said that, I have
nothing further. I am perfectly willing
to answer any questions. It is a very sim-
ple resolution. It is all spelled out. /
understand there are going to be two
amendments. I am amenable to both
amendments, with the exception that on
the Tower amendment, I hope we can
clarify one statement at. the end,where
i me Services: The jurisdiction of each were looked .upon .as guardians of the Nation.'
way?the Committee on Foreign Rela- committee as it now stands will continue, and protectors of law-abiding citizens. But.
tions is absolutely interested in inteli- There is nothing in this resolution that like so many of this country's institutions in
genee abroad; the Committee on the changes that one iota. I suppose that the recent yeare, they have fallen in esteem. The
Armed Services is absolutely interested - authorization bills, when they come up, ain,.atellie lg3eInhc,,er n coonsf tmhieiniityai.isa:s has lobet 1M- gliitter,
in military intelligence; the Joint Corn-will be referred to the Committee on in the
public eye by a much more dubious
. J3 een rep aced
mittee on Atomic Energy is absolutely Armed Services, there is no queetion at all character.
interested in where our nuclear weapons about that. I suppose before deciding the Thus, the need for a feu investigation
. are and how well they are being pro- authorization the chairman will conduct- of the tide of current charges goes beyond
tected and, vis-a-vis with our adver- some kind of hearings, not competitive the obviouexequirements of discipline V7i thin
series, what they have and what we must to the select comraittee; it could be-con- the government; it goes to a restoration of
have?there is no question at -all about somine with it. I am not opposed to- that. . ? ?
confidence iri a segment. of government that.
?
more than any otlaer, must hold the- pub-
the essentiality.
- As a matter of fact, let us face it: We lice con.fide.nce.
The important thing here is to restore are all here trying to do the right thing. No nation can gamble with its- security,
public confidence so that these agencies, Let us do it. That is about the size of it. Indeed, the guarantee of that security is
in the final analysis, will be respOrleiVe.
That is what this is all about. This is Now, Mn, President, I have here a perhaps the most fundamental of ALL -overa-
statement by Senator HIMDLESTON who mental resportscollities. Witheut It, all else
not to challenge the chairman of one can quietly fade. - .
asked me to have it inserted in the
committee or to challenge the chairman National security arrnngements, defens.e
RECORD, and I ask unanimous consent
of another committee. We are not here that that be done. and foreign policy strategies, and. decisions
to rebuke any Member of Congress for regarding a host of other issues rely upon
what supervision he gave or did not give. The PleESrDING OFFICER_ Without intelligence. In fact, there are few who would
e objection, it is so ordered.
? argue that we could do without in
That is not the question this rnornin -
STATBD472,77 B7 SATOR H to b
UD an increasingly complex and
pears DLESTON gathering activities?especially in what ap-
a select committee consisting of 11 mem- I am pleased to support Senate- Resolution uncertale world.
- e '
-What we are trying to?do here is create
.
. bers-6 from the majority, 5 from the Furthermore, the very nature of such ac-
21, which would establish a select committee
minority. I know it is not going to be
on x inbetrilelivgeen cee activities,ereatla a
Partisan. There is not a Member of the of such a correnittee tivitlet requires that they rtbita.c1?ely held
and carried out. wi.h a ce. degree o
Senate who does not put his country is essential at this time. .secretiveness and: confidentiality'. . .
before his party, or even, indeed, his own I believe the committee as proposed in the But, the agencies involved in such activ-
resolution before us will meet the needs of itis, like Caesar's wife, must be .above re-
interest. If it were otherwise, that woidd
be a blot on this great establishrnent. the Senate and our Nation in terms of struc- proach?not Just because of their .special
. tore, representation and mandate, status and charge but also because actions
What do we do by this. resolution? We ate must touch upon the various ages, views, ti which
ateinartolvie them in s,uspicion and goes-' committee such as we are about to cre- whf-
crate a committee of 11 members. The -troy their abil?
geographical areas and philosophies which it?yPtso f,n..inctoion7P i not
d2s
names have already been suggasted by
e
are a part of the Senate and our nation-at- ThCre are those in this body who have fol-
the minority leader of those on th part large. .
? Of the minority party. We know who To structure it otherwise would. diminish other agencies with intelligence responslbil-
? lowed closely the activities of the. CIA and
..
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RECORD?SENATE. S 971
January 27, 1975 * CONGRESSIONAL
Mr. CRANSTON, Fine.
Mr. TOee rein So that we will make It
clear a-hat everyone means and intends
but I think the distinguished Senator
from Mississippi has been seeleine: the
floor and has been very patient, so I
would Like to yield to him, and then we
to..e this matter up subsequently.
Mr. CRANSTON. Certainly. I thank
the Senator. ?
Mr. TOWER. r yield to the Senator
from Mississippi such time az the Sena-
tor re.quires.
Mr. STENNIS. arr. President, I thank
the Senator from Texas.
At this point, at least, I certainly will
not reoeire over 20 minutes, so we can
just it to that.
Mr. President, after a conference with
the Senator from Rhode 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 PRESIDDIG OeiteICER. .The
amendment will be stated.
The aezistant legislative clerk read as
follows:
The Ser.-oats:1r from. Mississippi proposes an
amendment, at the end of the resolution, to
add a new section as follows? ? ?
Mr. STENNIS. Mr. President, I ask
unanimeue consent that further reading
of: the [amendment be dispensed with.
Mr.ate...NSF/MM. Why not let him
read it? ?
Mr. STEDTNIS. All right:, .I withdraw
that.
The PRESMLNG OtTuteete. The clerk
will read it in full.
The, aseistant legielative clerk. read
a5 follewS:
At. the end of the 'resolution add a. new
section :"."-"i follows:.
7. The select committee shall insti-
tute and carry out such rules and procedures
as it may :learn necessary to prevent (1) the
clisclowure, outside the select committee, of-
arty inforir-ation relating to the activities
of the Central intelligence Agency or any
other depart:Tient or agency of the Federal
Cover:it-nen,: en ed in intelligence activi-
ties, o'otainecl by he select committee dur-
ing the course of its study and investiga-
tion, not specifically authorized by the se-
lect coe to be disclosed, and (2) the
disclosure. outside the select committee, of
any in.formation. which would adversely af-
fect the intelligen.ce activities of the Central
Ite1igecA;tc7 in foreign countries or
T.112 i117..9.111:-.-12c.a activities in foreign countries
of any orlier department or agency of the
Federal C-o7err_rnen.t.
Mr. PASTORE. Mr. President, will the
S:er.aaor teeld?
Mr. STE.NNIS. Yes, I am glad to yield
to the. Senaeor from Rhode Island./ want
to state very briefly what the purpose is,
but I y :low.
ale PASTORE. For the purposes of the
RECORD. weeli the'Senator in explain-
ing his aireenciraent? which I am going
to accept-. enpieln what he means by "not
e.uthorized"?
Mr. ST-Fine:IS. Yes.
That is 7r. the second port, is it not?
Mr. PASTORE. Yes.
Me. SOTnerNIS. Mr. President, this
P.rhencirriefi: rt .s to svhat we ordinarily
call "hcoes." It does not put any limita.-
tien aee committee a e-
niatseeee.
The /3ppro,vrectcermetaas Et
are not eXpi-e..5.31y authorized or given
out by the.conereattee itself or its mem-- covered. in any way very plainly, that
bers. It just requires that such reason- there was no prohibition on. it. I do not
able rules, and regulations as the cone- think this puts too much of a burden.
mittee may see Et be established by the The Senator le opening up all of these
committee regarding disclosures a in- files.
formation that might, in the second part,
affect intelligence abroad.
But going back to the first one for just
a moment, thi& relates to disclosures by
those mother than the committee, ? staff
members or anyone else that might come
in contact with thie inforinatior_
In other words, the committee itself
is called on by the Senate to eneee these
rules and. regulations.
Now, with reference to foreign intel-
ligence or batelligence 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 setout for themselves and staff mem-
bers regarding. this foreign intelligence.
Mr.. BAKER, Mr. President, will the
Senator yield beefy for a question? _
STE'NNIS. 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. PASTOttri. r was wondering it 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 ewcind
have to beexplicit. 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 Sele.ct Corernittee"_ it
would be enough.
In other words, I do .not want the com-
mittee to sit down and begin to write a
bill of particulars every time they are
going to authorize some disclosure.
Mr. STENNIS. What line is the Senator
'referring to? I see it. That is be.fore the
second paragraph.
That relates to staff members.
Mr. PASTORE. I knowthat. This whole
amendment relates to staff members. I
quite agree with the Senator from Mis-
sissippi. I hope that the staff does not
begin to hold news conferer_ces. That al-
ways haPperis. 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 tuiderstands that.
Mr. STENNIS. aneis is not to prohibit
that kind of infonhatiore
Mr. PASTORE. I know that. But I was
wondering if the word "seeacifically" is
not a little too tight for the committee.
If we said "not autherized by the. com-
mittee," I think . we accomplaah the
objective. way we could. It did not work.
Mr. Si-aNNIS. What we were trying There are some matters of ser,sitivity
? n- tiegio c -ear thgttoi-i et hay not been leak.ed, but. are still
Mr. PASTORE. No.
- Mr. STENNIS. The resolutlon. does. I
do not mean. the ateendeaerfc does but
the resolution opens up the files. We just
have to have a safeguard.
Mr. PASTORE. I do not think'think'we are ?
meeting on our intent here. I am. not Op-
posed to the Senator n 's suggestio that
the matter of leaks should be prevented,
and that the staff should, not disclose
anything - without a.uthorization by the
committee. The only thing. that bothers "
me ia that he. is tightening. up the obli-
gation and responsibility of the commit-
tee a little bit too much by using the
word "specifically." If he left the word. -
"specifically"' out, I think he would .
complish his purpose and not- open it
up to debate every time there is the e
question of dieclosure.
? Mr. STEW N. IS. The in -point here is
to have something explicit in writing by -
the committee as to rules and proce-
dures. When we nap, that. down, explic- :
itly, how it should be done?..then we :-
cover the waterfront.. . . ?
We can strike out the Word. "speCif:
ically."
Mr. PASTORE: Will the Senator strike
it out?
Mr. s=4.-rs. Yes. ..
Mr. PASTORE.. If he strikes it out, I .
would. accept the araendeaento
r. STENNIS.. With the understand.- ?
ing that this still carries With it--
Mr. PASTORE. With the understand-
ing that the committee and. only the -
committee-has the authority to disclose.
I will admit that. ?
Mr. STENNIS. It is better to be care-
ful here than to be sorry later.. This is-
not directed at the committee.
Mr. PASTORE. I know that--? ?
Mr. Siaele-N. IS. This is putting th
n._ e
Senate in a proper positio I. think it
will help the committee to have the Sen- ?
ate go on record here in making this one
of the groun.d rules, so to speak.
Mr. PASTORE. Is the Senator willing
to delete the word "specifically."
Mr. STENNIS. Yes..
Mr. PASTORE. With the modification.
I will accept the ae-nendrrient. m
Mr. YOUNG. Will the Senator yield.
for 3 minutes? I support the amendment..
Mr. STENNIS. I do not have control
of the time. The Senator from Texas
has control of the time.
Mr. BAX-F.R. Mr. President, I ask the ?
m
Senator from .Mississippi if he will yield
for a question. on his amendment. -
Mr. STENNIS. All right, and then I
will yield 3 minutes to the Senator from
North Dakota out of my time. I yield
for a question.
Mr. BA=R. This Is a question of
clarification. This amendment, of course,
Is an antileak amendmentaI think that
Is fine. I hope we succeed. We failed
miserably in the Watergate Committee.
Our former colleague and I tried in every
2kiridib r t ra 28:1100600040044290aittee, many
this information and, since it was not a them, in safe. storage..
?
Approved For Release 2000/09/03 : CIA-RDP83B00823R900700040044-9 ?
S 972 CONGRESSIONAL RECORD?SENATE January 27, 1975 .
Paragraph 2 concerns me. It says:
And. number 2, disclosure outside the
corrunittee of any information which ad-
versely affects the intelligence activities of
the United States.
It would appear on its surface to say
that if we shambled into a matter such'
as the Chilean situation, the Bay of Pigs,
or the Lebanon incursion, notwithstand-
ing that it xr.Ight appear to the Commit-
tee to be something that ought to be
dealt with in' the Congress, we should
not disclose it.
Will the Senator from Mississippi re-
assure me that that is not the purpose
of paragraph 2?
Mr. STENNIS. No. that is not the pur-
pose of paragraph No. 2. We tried to
wrap it up in such a way as require
rules of procedure in the committee
which I understand to be the feeling of
the Senator from Tennessee.
Mr. BAKER. If there appears to be
conduct by any agency of the U.S. Gov-
ernment thst appears to be improper or
exceeds its jurisdiction, that would not
be limited by paragraph 2 of this
amendment?
Mr. STENNIS. This does not put a
limitation on the committee. It requires ?
the committee to proceed under rules,
regulations, and procedures. But these -
things are still left in the hands of the
conunittee.
Mr. BAT-CrR. I thank the Senator.
Mr. STENNIS. It is a rule of the Seri-
ate by a guideline.
Mr. PASTORE. With the modieea.
tion, I am willing to accept the -amend-
ment.
Mr. STERN'S. If no one else Wants the
:noon can we have a vote on the amend-
ment? Will the Chair put the question?
The PRESIDING OFFICER. Does the
Senator from Mississippi modify his
amendment?
Mr. STENNIS. Yes: by striking out the
word "specifically" in the sixth line from
the bottom.
The PRESIDING OteriCER. The ques-
tion is on agreeing to the amendment
as modified.
Mr. CURTIS. Reserving the right to
object and I, of course, will not object.
X would like to ask a question.
Is there any P-ena.ity or enforcement
means to cempel staff members of this
-committee to not disclose information
that their committee directs should not
be disclosed?
Mr. STI2INIS. It is a sad state of the
law, Mr. President, but I am quite doubt-
ful that we have a law that really ? is
drawn to cover situations of this kind.
We have the old Espionage Act of 1918,
which specifically requires there must be
an intent to do harm to the United
States. It is a kind of wide-open proposi-
tion which is, in itself, e very strong
argument here for the adoption of this
amendment. It puts in some kind of an
obstaele. A staff member, if he violated
the rule, would violate a Senate rule. It
would not have any criminal penalty at-
tached to it, but it would be a rule to
that extent.
I hope the committee will get a prom-
write a. bi-1,!ralt.# rtrif
ise in adi?etiie
going to write a book, or a journal arti-
cle, or anything else?about things that
were disclosed to them in these proceed-
ings. X think that is a matter we have to
trust to the discretion. of the commit-
tee. Under present law we have to. I be-
lieve the Senator raised a good, point.
Mr. CURTIS. I certainly am for the
amendment of the distinguished Senator,
but I believe we have to rethink our Posi-
tion on some of these things. Here in-this
country if someone discloses a. tax return,
he has violated' a criminal law and can he
punished. If. he discloses secrets vital to
the security of the United States, he is
apt to defend it as the right of the people
to know. We have, certainly, a right to
not only make it a law violation to dis-
close, but there ought to be a penalty to
it. . .
.I thank the Senator.
Mr. STENNIS. I thank the Senator.
If there is no further discussion, could
we have a vote on the amendment?
The PRESIDING OletaCER. The ques-
tion is on agreeing to the amendment, as
modified, of the Senator from Mississippi
The amendment, as modi -ted, was
agreed to.
Mr. STENNIS. Mr. President, I ask
unanimous consent to yield 3 minutes to
the Senator from North Dakota without
losing my right to the floor.
The PRESEDZIG OFFICER. Without
objection, it is so ordered.
Mr. YOUNG. Mr. President, I zee no
objection to a thorough examination of
the operations-ol the CIA, the FBI, or any
other intelligence-gathering agency, but
I believe it can only be done effectively,
and without great injury to the agencies,
by a relatively small committee and a
Breen staff. A big investigating committee
with a sizable staff?no matter how well
intentioned?cannot avoid much of the
information that develops at the hearings
being leaked to the public, thereby be-
coming easily available to the intelligence
agencies of Russia and every country in
the world.
If the pending resolution involved a
-much smaller committee with only a very
minimal staff, X believe the security of
this Nation could be safeguarded and the
investigation could be very helpful. I
would hope that the meetings of the com-
mittee would be open to the public. If this
were the procedure, then the public would
get firsthand information rather than
from leaks highly distorting the facts dis-
closed in the hearings.
Mr. President, I cannot help but be
deeply concerned about the future effec-
tiveness of the Central Intelligence Agen.-
cy. No intelligence opereeion?particu-
larly involving clandestine operations in
foreign countries or involving some of
our most advanced technolcgy, espe.cially
in defense areas?can be publicly dis-
closed without endangering our sources
of information, the lives of those involved
Lu this type of intelligence operations,
tend the very effectiveness of an intelli-
gence-gathering organization. Russian
intelligence agents, for example, would
only have to read our publications ta
obtain information highly valuable to
them.
? igaglingfg..3?Cr0.111, AMP
ligence agent, a high-rankiag member of
the GU, dieclosed to Great. Britain and
the United States a great deal of inside
informa.tion regarding how far lei ssia
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 Penkoe-sky expected to
be caught and waScaught. 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 re:tieing intel-
ligence ocer; a Member of Congress, or
anyone else for disclosing our most highly-
classified intelligence.
Mr. President, the Washington Stare
News of Sunday, January 26, 1975, pub-
lished a very good editorial On the sub-
ject of intelligence a.nd the forthcoming
investigations entitled "The Great Intel-
ligence Exam." I ask unanimoue consent
that it be printed in the Recoee.
There being no objection, the editorial ?
was ordered to .be printed in the RECORD,
as follows: ,
THE GREAT 11.4TELIAGENCE EXAM
This is the era ot bosom-bartng and the
country's numerous intelligence-gathering
organizationa are not immune. As things
stand now, varioue committees of the Haase.
and Senate are g-seering up for traveettgatlons
of the Central Intelligence Agence. the. Fed-
eral Bureau of Investigation, the Defense In-
telligence Agency and the National Security
Agency. We hope that these investigations
will be boiled dowfl to, at moat, one select
committee in the House and Senate.. We also
hope that the inveetigations will be skepti-
cal, thorough and reeponsible. A witch-hunt
? born of the peculiar sensiterities left oVer
from Waterga.te would not be helpful. A
cerefril ar.alysis of this country's intelligence
problems and legLsistioa to remedy the rale-
tekes and deficiencies of the past are very
surely in order. A bipartisan congresalonal
inveetigation is especially desirable in- view
of the .conaervativa complexion of the blue-
ribbon executive panel headed by Vice Presie
dent Rockefeller which is also leoking into
CIA activities.
The difficulty, of course, is that, whe.r it
comes to intelligence-gathe.rirtg epeeations,
b03oharing, 13 a tricky procedure. The risk
I& that too much public exposure of a highly
sen.sitive? area ?of government will put the
whole operation out. of le.usle.ese, and imperil
the reputations?and even tiee lives?of peo-
ple involved, to say nothlag of the nation's
security. In the past, the congreezional com-
mittees with Intelligence oversight responsi-
bilities have been squeamish about inquiring
too deeply into these cla.ndestine affairs. The
pre.sent danger is that poet-Watergate zeal-
otry, inspired by news stories of a "massive.
illegal domestic intelligence open.. tioa"
mounted by the CIA a few years back, will
leed to excesses of revelatien.
For our part. we remain unconvinced that
the charges have rauch re.al fouridation..
Slerom what hes been revealed so far?err...astir
by CrIA Director William E. Colby tea House,
Appropriations. subcommittee?it appears
that the agency was involved in a prograrn of
internal surveillance of certeda domestic dis-
sident groups suspecte.d of having connec-
tions with foreign agents. CIA ageats were
"leserte.d" in some of theae, organiratlons,
SOME:. 'mail between. American citizens and
Communist oorrespondeuts was read, and
82ARVOMMIA044,41:tii?a`-lect7
tion, Colby said, the program involved peysi-.
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cal surveillance, wiretaps and break-lus di-
rected at CIA personnel suspected of security
.leees and, in a few cases. those who were
thought to be receiving the informmtion.
In Colby's opinion. and that a his irnmedi,
ate. predeceeaor, Defense Secretary James R.
Schlesinger, the CIA, in thie period, may
have overstepped the strict limits of Its
charter. The various seta have been labelled
as "'regrettable" or "Inappropriate" or?in
the case of Colby?the result a "a minces.
ception oZ the extent of tha CIA's authority."
Plchard Helms, who V739 CIA director during
17103t Of the period of anti-war fervor, stoutly
denies any impropriety on his part. The dif-
ference in judg-meat redacts more than any-
thLeg else the change- in climate irt the last
two years.
But surely a large-part of the problem lies
In the ambiguity of the charter of the CIA,
written by Congress in. 1947. In. setting up
the agency, Congress ruled that it should
have- no "police, subpoena, law enforcement
powers or internal security functions" with-
in the United States--thle area being strictly
reserved to the long-established PBX
How realistic and workable this- prohltd-
tion 17/N3 is sharply illustrated by the events
under investigation. Despit& the prohibition
against domestic spying, the director of the
CIA was also made "responsible for protect-
ing Intelligence. sources and methods from
unarrthorized disclosure:" He was also in-
structed by Congreee to "perform such other
functions and duties relating to intelligence
affecting the national security asethe Na-
tional Security Council may from tirne? to
time direct." Between: them, it ca-bet argued
that the ae dfrectives provide ample justifies-
_tion for the actleities being denounced as
"illegal." And the evidence la. reaeo? "%ably
clear that a nuriber of former directors.be-
lieve.d this was indeed the case.
Clearly, the ell-et objective. of the current
Investigations must be to spell out more
clearly the rules -ander which the. CIA--and
other intelligence agenclea as well?are sup-
posed to function_ If all domestic counter-
os-ptonage is to be more severely restricted?
as seems to be the mood of the liberal major-
ity--Congrese will also have to figure out b.ow
the CIA la to protect its "sources and meth-
ods from unauthorized disclosure." One ob-
vious way, of course, would be pass a law
malting it a crime for former CIA agente to
write books. But this would- not solve the
large, r problet of trying to separate doMestin
eaad foreign intelligence into neatly sepata
operations.
? Mr. STENNIS. Mr. President, how
much time do I have remaining out of
.ms 20 minutes?
The PRESIDING OFF/CER (Mr.
Doisi=c1). The Senator has 2 minutes
remaining.
Mr. TOWER. Mr. President, I yield I()
additional minutes to the Senator frora
Mississippi.
- Mr. STENNIS. As I understand, that
will Ieeve 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.
I appreciate very much the sentiments
expressed on the iloor of the Senate as
to the necessity for CIA and other intel-
ligence agginelegn lonteihAa t
shared b".V.AbWW?MaE.Mk.
stood, either, by all the people. There is a
great deal of asentim.e.nt, even under-
standing sentiment, that would question
the necessity for the CIA, or tlae pro-
priety of having it.
Another thing, Mr. Pre.sident, 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 a_nd 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 of ten
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 illustratioxi would be wort on. a .
code.
The purpose of gathering inte_lligence
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-
..
Iii the broad and essential fields, the
CIA has done an extensive and effective
job in dealing,. with enemy capabilities
and intentions. ? Y,
As we go through investigations, let us
keep in mind the dangers from. expo-
sexes. Exposures can be 3. matter of life
and death to Americans abroad 3s well as
friendly fereigners. 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 arid 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, conies 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 shipe Ett sea, our
military manpower scattered throughout
the world in support- of many conarnit-
ments voluntarily made, are all in need
of the fruit of intelligenee gathered
around the world.
The President, all Presidents, have to
have this worldwide intelligence in for-
mulating foreign policies, including trade
:Ind other economic policies formulated
with natiOns around the world.
Intelligence comes from several
sources, but much of it comes from our
CIA agents abroad. In my travels, I have
found them to be excellent men, capable
and loyal, with a steady stream of highly
valuable and responsible information.
They seldom get credit for anything.
They often get blamed?but by and
S 973
men; to tell theut 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, becatse we can. now
verify what they have in. being. A num-
ber of other treaties have also been pos-
sible, because of ourvertification process. 1
Under Director Colby, I feel that the
CIA is now operating in. a fine way, en- ?
tirely within the law. I shall do-nay? 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- -
&iced in late 1973, special attention in.
1974. I. a.ssisted Senator Prioicinax with a
similar major amendment offered. by him
to the military authorization _bill._ I? t ?
passed the Senate with my active sup-
port and we made a strong effort. at.
the conference in behalf a the amend-
ment. It finally lost et conference be-
cause- it was not gerinane, but the con- .
ferees for the House supported the idea
of bearings which the House has started...
We shall continue our efforts on that
amendment and others.. ?
We may have certain. intelligence of
great velue to us. But.if It is known to
our adversaries that we- have it, or if
they suspect thats we- ha.ve it, then it.
turns to ashes in our handa and is of
UG value- whatsoever. ? ._ - ?
_ Illustration: Hundreds of millions. of .
dollarsinvested in electronic devices can
become- valueless overnight if it be-
comes known we have such deviceS._
Our committee shall continue to exer-
cise conunittee jurisdiction on legisla-
tion regarding the CIA, and also exer-
cise smweillance over its operations, and
such other activities connected therewith
as may he-necessary.
We shall continue to have the Senator
from Montana (Mr. MANSFIZLD) ? and the
Senator from Pennsylvania (Mr. Scorrge
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 la.st
Thursday. .
The CIA, of course must operate within
the law, but I want to emphasize to all
of my colleagues and to the American
people that foreign intelligence supplied
large, they continue to carry on. by the CIA is absolutely necessary for out
latitbagaef42.114fArlytNA1307 8biko-cixtt tgterereftelfsr, niciltuad-
S 974 ? coNGffamm. RECORD-SENATE Januar, 27, 1975 ?
Approvd e For Release 03 ? CIA- 00400 4-9
services, both those in civilian and mili- such ernployeet o r
r po:son will be even accDP83B00823R000
ess be misun.ders . There have been a lot ?
tary positions. In modem times this in- by the select conunittee. of mistakes and they have to be cot-
formation is not merely needed, it is es- As determined by the committee. -reeted. 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
the CIA through foul as well as fair
weather, and make hard decisions and
take firm stands, whether popular at
the time or not. I have done that and
Propose to do just that in the future. I
shall not shirk this duty.
This does not at all mean that I pro-
pose to operate a duplicate or rival in-
vestigation with any select committee.
I will make no attempt to do that, but I
will carry out the purpose, as I have
briefly outlined it here.
I thank the Senator from Texas for
yielding this time to me.
The PRESIDING OFFICER. Who
yields time?
Mr. TOWER. Mr. President, I thank
the distinguished Senator from Mis-
sissippi for his cogent remarks.
I think it would be appropriate for
me to thank him at this time for the
splendid leadership he has shown in the
Committee on Armed Services. In fact,
on numerous occasions, we have looked
in depth at some activities of the CIA
? and it has not been generally known
that we have. I think the Senator from
Mississippi has always measured up te
his responsibility in the highest tradi-
tion of the Senate.
Mr. President, may I inquire how
much time I have left?
The PRESIDING OrteuCER. The
Senator has 15 minutes remaining.
Mr. TOWER. Mr. President, I send to
the desk an amendment and ask that it
be stated.
The PRESIDING OreiCER. The clerk
will state the amendment.
Mr. TOWER. May I call to the at-
tention of my friend from Rhode Island
that I have now offered the amendment.
The legislative clerk read as follows:
At the end o1 the resolution add a new
section as follows:
"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 clas-
sified information by the select committee
unless such employee or person has received
an appropriate security clearance. The type
of security clearance to be required in the
case of any such employee or person shall
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. 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
familiar with. I should like the Senator
from Rhode Island to comment on it at
this time if he would. ?
? . Mr. PASTORE. I have no objection to
the amenchnent provided I get a fur-
ther explanation of the last sentence: -
The type of sechrity clearance to be re-
quired in the case of any such employee or
.person shall be commensurate with the sen-
sitivity of the classified information to which
determination? We are not going to have
a debate by the members of the commit-
tee every time we get to a point where
this would apply. I am all for preserving
the classification; the Senator from
Texas knows that I am all for his amend-
ment, the spirit of it, the intention, the
objective of it. But I think we should
make clear that the determination ought
to be on the part of the committee.
When it says "sensitivity of the classi-
fied information," who is going to deter-
mine whether it is sensitive or not? Vcre
have to say here "the type of security
clearance to be required in the case of
any such employee or person shall, with-
in the determination of the committee,
be commensurate with the sensitivity,"
and so on. ?
Mr. TOWER.. I should be glad to ac-
cept that as a modification by the Sena-
tor from Rhode Island.
?
Mr. PASTORE. That is what I want. /
want the determination to be made by
the committee, if we can work out that
language.
Mr. TOWER. That suits me splendidly.
As a matter of fact, if the Senator will
read that language again, I think that
would be a suitable modification.
Mr. PASTORE. The type of security
clearance to be required in the case of
any such employee or person shall, with-
in the discretion of the committee itself,
be commensurate with the sensitivity of
the classified information to which such
employee or person will be given access
to the select- committee.
? Mr. TOWER. I will accept that lan-
guage as a modification by the Senator
..from Rhode Island.
The PRESIDING satoriCEIt. The
amendment will be so modified. Will the
Senator send the modification to the
desk? ?
The amendment, as modified, is as
follows:
? No employee of the select committee or
person engaged by contract or otherwise to
perform services for the select committee
shall be given access to any classified infor-
mation by the select committee unless such
employee or person has received an appro-
priate 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 from Tennessee.
determination of the Select Committee be Mr. BAKER. Will the Senator from
commensurate with the sensitivity of the Texas reassure me that by setting up
classified information to which such. era,
those requirements for classification, we
ployee or person will be given access by the --
select committee. are not setting up within the committee
? layers of access and levels of access to in-
formation that will be available to the ?
committee? What I have in mind is the
possibility that the committee may de-
cide that there is a requirement for secu-
rity beyond even the requirements ter Q
clearance, a kind of "eyes only" classi-
fication, and have someone say to Ho-
ward Baker, that he can read those 8.-
000 pages, but his staff man does not
have that clearance.
Now, can the Senator assure me that
nothing that is contained in this amend--
rn. ent will in any way deprive any Mem-
ber of access, and his staff, if otherwise
properly cleared? -
I remember one time when / was sent
by President Kennedy to Moscow to wit-
ness the signing of the Nuclear Test Ban
Treaty. I was sitting on the porch of the
Embassy, together with Dean Rusk. at
the time, and we were talking about a
lot of measures. Finally, the Ambassador
came out and said, "I suggest you two
genElemen take a walk and do your talk-
ing because this place is bugged."
"This -place is bugged." Now, that is
what the Russians are doing to us. As 'a
matter of fact, they did it right down
there at the United Nations. They had a
bug, I think, under the American seal.
We all remember that.
Let us face it: We are in a critical
world where we are being spied upon
and, in order to know what they are
doing, we have to spy on them. There is
no question about that. But that has
nothing to do with many of these charges
that have been made.
Nobody is out to destroy the CIA. Let
us get an understanding on this. No one
is out to destroy military intelligence. No
one is out to destroy the F131. Let us make
it all clear.
On the other hand, this is an open
society. All we are saying is that there
are some things that have been wrong,
and under the pretext of either national
security or secrecy, private rights are be-
ing violated unnecessarily. That is all we
are trying to eliminate. That is all we are
trying to do. It is as simple as all that.
I am perfectly willing to ? accept this
amendment with that modification.
Mr. TOWER. The modification has
been accepted. The amendment has been
so modified.
I might say one other thing. I think
this is partially for the committee's pro-
tection. If we did not require clearance
of some sort. it is not impossible that an
alien intelligence organization could
-penetrate the committee by inserting one
of its people on the committee staff. Sc I
think we would want that kind of protec-
tion, because I do not think the commit-
tee would ever want to be embarrassed
by finding, having failed to require any
kind of clearance, that their staff had
been penetrated.
Mr. BAKER. Will the Senator yield?
Mr. TOWER. I yield to the Senator
Mr. TOWER. What is contemplated
here is a simple type of Q clearance
which is ordinarily required of Senate
employees. ?
Mr. PASTORE. I realize that. Every
member of the staff of the Joint Com-
mittee on Atomic Energy has Q clear-
ance and has to have it. I think in this
particular case, where vie are dealing
with classified information, covert ac-.
tivities abroad and domestically, I think
we have to have reliable people. We just
cannot afford to take a chance.
Now, I am all for this study and this
investigation. I repeat, I do not want to
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January 27, 1975 CONGRESSIONAL RECORD-SENATE S 975
- .
Mr. TOWER. I do not perceive that it ? or effectively, of any information that
would. In other words, for the protection comes before this committee. If there
of the staff? - are 10,009 pages of classified material, I
- Mr. BAKER. What does the Senator cannot read it, and the Senator cannot
mean, he does not perceive that it would? either, or it is In:likely that he is going
Is it his opinion that it would or would to be able to.
not? I think I have that assurance. If the
Mr. TOWER. It is my opinion that it . Senator from Texas will express his un- -
would not. derstanding that this will not be used as
Mr. BAKER. Does the Senator wish a device to deprive any of us of informa-
that to be included as part of the legis- tion, then I am perfectly pleased with it
lative history? Mr. TOWER. It was the intention of
Mr. TOWER. As a matter of fact, the the Senator from Texas to establish what
committee itself will determine. he thinks is the minimum requirement
- Mr. BAKER. Dees he wish it to be a that we can establish; that is, some sort
part of the legislative history of this of clearance for people. I noted a moment
amendment that it is not his under- ago that it is conceivable that if we re-
standing or intention as the author of quired nothing, the committee staff-
this amendment to create that situation? could be penetrated by an alien
Mr. TOW tat. It is not my intention gence-gathering organization. I think
to create that situation. this would be particularly true of clerical
Mr. BAKER.. And it is not his belief help.
that that will occur? I think that the professional staff that
Mr. TOWER. It is not my belief that is likely to be engaged will probably be
it will. occur. But it is my intention that people who will have no difficulty getting
we should not have people on the staff any kind of clearance they need. It is not
who would be security risks. ? my intention to proscribe or tn hobble
Mr. BAKER. We all share that con- the action of any Senator on the corn-
cern. Let us very much hope we succeed mittee.
- in keeping leaks from occurring alto.. Mr. BAKER. Whose authority will be
gether. I assure the Senator that this required to gain the clearance, that of
will be the case as far as this Senator is the full committee or the chairman and
concerned. But as far as I am concerned, vice chairman?
I cannot in good conscience see the Mr. PASTORE. By vote of the corn-
adoption of an amendment that ? will mittee.
make part of this committee privy to Mr. TOWER. I should say the commit.:
highly sensitive ma.terial while other tee has to meet and make its ground
parts of the committee, though legally, rules-pursuant to the guidelines laid down
as a practical matter might be deprived here.
of that information. Mr. BAKER. Is that the Senator's
Mr. PASTORE. Will the Senator ex- intention?
he receives. It would be up to the Senator -
in question to decide whether he was
violating the =lei of the Senate if he
was on the committee and at the same
time discussed any matter with somebody
who did not have the proper clearance.
- Am I correct in that?
Mr. BAKER. Absolutely.
Mr. PASTORE. That is right. No one
disputes that.
Mr. STENNIS. Mr. President, will the.
Senator yield for: a question?
Mr. PASTORE. Yes. ?
? Mr. STENNIS. I believe the Senator
from Missouri was talking about some-
one? who was not on the committee staff. .
would not think that anyone who was
not responsible to the committee would
have access to this information.
Mr, PASTORE. Oh, no?
Mr.?
e
Mr. SYMINGTON. May r/ say in an- -
swer to my able friend, the Senator from
-Mississippi, I was discussing this matter
with the distinguished senior Senator
from Tennessee on the basis of his staff; -
and the Senator is entirely correct, and -
if he is on the committee?and I read he ?
was on the conunittee?then it would be -
his problem to see that the people on his .
staff were cleared to receive the informa,- - -
tion on the basis of their clearance, and ?
did not receive it ii. they did not have _
adequate clearance. : " . te? ?
Mr. PASTORE. Provided they got the
? permission of the committee. ?
? Mr. STENNIS. It would be a commit-
tee responsibility. ? ' "
Mr. PASTORE. That is why I am writ-
ing there "by the determination of the
committee."
Mr. BAKER. I entirely agree with that.
plain that again? . Mr. TOWER. That is my intention. Does the Senator from Texas? - ? .
Mr. BT PR. Yes. Assume for a mo- Mr. PASTORE. May we have the Mr. TOevaIt. The determination is to
ment that - the committee, in its dis- amendment read again? be made by the committee, that is the
. ?
cretion, according to the amendm difference. ?ent Mr. BAKER. And it, can be made for
that the Senator from Rhode Island pro- security classification for personal staff
posed and Senator TONVER accepted, as well as staff?
adopts some classification beyond, say, Mr. TOWEkt,. Not for personal staff. I
-
a Q clearance. We all know there are think for any information that the Sen-
some classifications beyond a Q clear- ator gives to his personal staff, he has
ence. Suppose the Senator's personal the personal responsibility to determine
staff or select committee staff comes to whether that staff member has an ade-
him and says, "I cannot gain access to quate clearance. My own personal policy
Mr. BAKER. Mr. President, one fur-
ther question, if I may: It has been neces-
sary, in my experience, to enlist one's
personal staff, legislative assistant, or
anyone else, to help in a compilation or
ordering of the information at hand. I
fully agree that then they should be re-
quired to have whatever clearance is
required and be fully investigated. But
I hope there is nothing in this amend-
ment that would prevent an application is that nobody handles claasided docu-
f or clearance of personal staff, and that ments on my staff unless they? have
on obtaining ,that clearance, they would, clearance. .
in fact, be subject to the same rules as Mr. BAKER. That is the essence of my -
committee staff. question. The answer to the Question to
Mr. PASTORE. That is correct. We do the Senator from Texas is? .
that on the joint committee now. The Mr. PASTORE. We are confusing a
' e? t - t it plain. No
that last communication Director Colby
sent to us because the committee says
we have to have an XQI clearance as
well as a Q clearance." I want to be sure
that I, as a member of the committee, or
anyone else as a member of the corn-
mite, will not be thus deprived of ac-
cess to any information. that comes be-
u. fore that committee. Senator from Missotui has had members 7 P
Mr. PASTORE. His amendment only of his staff who have Q clearance look one can .look at classified information
has to do with staff members. The Sena- at some of our classified information, unless they have clearance:. -
tor is saying he does not want to be They are entitled to do it, with the per- Mr. TOWER Right.
deprived. If a member of his staff or mission of the committee itself. Mr. PASTORE. If a personal staff
-
o
anyone on that staff that he may be re- Every 'person who looks at classified f any member of the commit-
member e
sponstble for the .committee engaging information has to be cleared. We should te has that clearance, he or she can be
?
does not get the clearance from the corn- be clear about that. entitled to that classified information.
mittee that he must have; he cannotonly if the committee gives permission.
get Mr. SYMINGTON. Mr. President, will
Mr. BAR. Mr. President,. that is my
the, information. . the Senator yield?
, There is nothing wrong with that, be- Mr. TOWER. I yield to the Senator understanding.
. Mr. PASTORE. That is the rule of thP
cause he is the one who determined that from Missouri.
not get it. Mr. SY Joint Committee on Atomic Energy now.
he ;...eold NLINGTON. I thank my able
Mr. BAKER. Mr. President, as long friend from Texas. I cannot say it more clearly than that.
as I am assured, which is the only thing As I understand it, whoever is cleared, Mr. BAKER. Is that correct? -
I sought, that the concern that I ex- whether he be on the staff or off the Mr. TOWER. That is correct, and the
pre5se1 was not the. intention of the staff, is cleared for the information. He policy will. be set by the committee, I see
author of t
isned. I do AlfrOgettriVVItOstliVekifia :cZtatiltialgbaliati400
0 WhirobiTiM of the com--
1149factorily.
gRID8INPA812RCM?7?Ta4n9Pat117,1/975,
?
S 9.76 Approved For RelemaKRER:
The PRF.ZIOING 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. raLaNSFIFT,11. 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. PASTORE. That is correct.
Mr. MANSFIELD. No executive agency
shall determine directly or indirectly who
shall have access to information.
Mn PASTORE. That is correct. And I
cannot be more explicit than that. I
would like to have the amendment read.
The PRESIDING OteetiCER. The clerk
will read the amendment
? . The legislative clerk read as follows:
At the end a the resolution add a new sec-
tion so olio w s :
"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 the select committee unless
such employee or person has received an
appropriate security clearance as determined
by the select committee. The type of secu-
rity clearz.nce to be required in the case of
any such employee or person shall within the
da 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 PRESIDL.NG 'ICER. The Sen-
ator from Rhode Island has .30 minutes
remaining.
Mr. CRANSTON. Mr. President, will
the Senator yield?
Mr. 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 ainend.ment 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.
Mr. PASTORE. 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
committee."
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..
1,Vitii respect to the words "unless such
e7nployee or person has received an ap-
propnatte. security clearance," who gives
securitY clearance?
Mr. PASTORE. Usually by the FBI
end. all .)i.lner sensitive agencies of Gov-
erarneut. That is the way they do it now.
Mr. CRANSTON. The question I ask
is, how do you prevent. and just make
certain, that there is no abuse of this
to zero, but they might improperly with-
hold or delay security clearances.
Mn PASTORE. The 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 suMcient.
Mn 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 individesee 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 caa)ricious 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. PASTORE. The saewer 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 P.ny other
Senator wish to speak before we vote?
Mr. BAKER. Mr. President, I .ant
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 Meeesamee and
MATHIAS, 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.
Le 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.
by the executive branch? They would Some have argued that Congress can- Government.
not, I assume, try to hold down the stair not be trusted to participate in the crit- I have no quarrel with the CLI. I cer-
Approved For Release 2000/09/03 : CIA-RDp83B00823R090700040044-9.
ical and terribly secret operations of the.
Intelligence community. They cite the
fact that Washington has become known
as a city of leeee 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 eonfidentiality\ where required.
I am proud to serve on the Joint Com-
mittee on Atomic Energy, a committee
which is so alaly chaired by the sponsor
of Senate Resolution 21,, Senator Res-
Toes. I believe I am correct. ia saying
that, in more than a quarter century,
there has never been a security leak from
the Joint Coiranittee, 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. ?
They outcome of the select committee
inquiry, obviously, cennot 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 wherever
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 haatiedly as.
possible.
It is not my intention to carry out a
vendetta agninst 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 rereedial ac-
tion, if any, is necessary to make sure
that an effective intelligence program is
maintained without endangering the
rights of our citizens.
Tar. 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 eQ.thusi-
astic about the action that I believe the
Senate is about to take. I think that it
si,?-niifles diligence and sensitivity and the
recognition of a necessary national pur-
pose. It spei,k well of the viability of
this group as a great deliberative body
in support of the executive branch of
ga.nttani Appmed For RedeauR1006:11M103RICURIRDMIBOCE823R000700040044-9S 977
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-
ernment that conduct some sort of intele
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, arid 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 .allaye that
concern. It is important, I believe; that
we haee 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. . ? .
n 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 intelligencecom-
murine and, of -course, to some extent
the laW enforcement community, is. un-
der somebody's control. They are not au-
tonomous 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
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
office, 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-
creetly and privately as I can commen-
surate with my responsibility.
?
I pledge, as well, that the public's right
to know is second only to national sur-
vival, and that when we are finished with
the private portion of these hearings
there will be a public disclosure-, a public
declaration including the good and bad,
recent and in the past.
It is a terrible time we are in. We have
not hid a President who has completed
his term, in a sense, since President Ei-
senhower. These are turbulent times
when we have set about the business of
investigating ourselves to the point where
sometimes I think we are devouring our
public officials, mu: leaders.
When I permit myself the luxury of
thinking that, sometimes it also dawns
on me that the investigation has been
pretty productive, and we have got to do
this one, too, not because we are bent on
politica canrdbalism, but because it has
to be done,
I believe, Mr. President, that it will be
done, and done effectively. . ?
I pledge my efforts in that respect
and I serve notice, as well, that I will de-
vote every ounce of my energy- to seeing
that we find all the facts and pursue
them, wherever they lead us. .
- It is far too late in my political career
to worry about whom I might hurt or
who might be injured.
Mr. HATFIELD Mr President, will the -
Senator, yield?
Mn PASTORE. Have we voted on the
amendment?
The PRESIDING OFFICER. The ques-
tion is on -agreeing to the amendment of
the Senator from Texas, as modified by
the Senator from Rhode Island..
'The amendment was agreed to.
Mr. TOWER. Mr. President, will the
Senator from Rhode Island yield to me?
Mr. PASTORE. How much time will
the Senator require?
Mr. TOWER. A couple of minutes.
Mr. PASTORE. AU right.
Mr. TOWER. Since I have run out of
time.
Mr. PASTORE. OK.
Mr. TOWER. I have an amendment
here which I will either offer or not offer.
It is copied directly out of the resolution
that authorized the select committee for
the Watergate investigation.
It simply says:
The minority members of the select com-
mittee shall have one-third of the profes-
sional staff of the select co-qmittee (includ-
ing a Minority counsel) and such part of the
clerical staff as may be adequate.
Mr. PASTORE. Why not leave that to
the committee?
think?
Mr. TOWER. The Senate resolution re-
quires 30 percent, I believe.
Mr. PASTORE. Yes.
Mr. TOWER. If the Senator from
Rhode Island will simply assure ma the
minority will get adequate staffing?
Mr. PASTORE. It will be up to the
committee itself. I will not have any au-
thority over the committee.
Mr. TOWER. I think an undertaking
by this side of the aisle would be honored
by the majority on the committee.
Mr. PASTORE. All right, so I under-
Mr. HATFIELD. Mr. President, will the
Senator yield?
Mr. PASTORE. I yield to the Senator.
Mr. HA eriaLD. Mr. President, I send
an amendment to the desk and ask for its
immediate consideration.
The PRESIDING OFFICER. The
amendment will be stated.
The legislative clerk read as follows:
At the end of the resolution add a new sec-
tion as follows:
SEC. 7. As a condition for employment as
described in Section 3 of this Resolution,
each person shall agree not ta accept any
honorarium, royalty or other payment for a
speaking engagement, magazine article, book,
or other endeavor connected with the investi-
gation and study undertaken by this Com-
mittee. - _
Mr. PASTORE. I will accept- this
amendment, Mr. President.
- The PRESIDING OrneiCER. The ques-
tion is on agreeing to the amendment of
the Senator from Oregon. e _
The amendment was agreed to.
HATFIELD Mr. President, I send.
up another amendment for the purpose
. of colloquy.
- The PRESIDING OPieiCER. The
amendment will be stated. -
The assistant legislative clerk read as _
follows:
On Page 4, line 4, insert after the word
"agency" the following: "or any Committee
or Subcom-rtittee of the Congress."
On Page 5, line 13, insert after the word
"agencies" the following: "or any Commit-
tees or Subcommittees of the Congress"
Mr. ITAlt,L,_,LD. Mr. President, I
would like to ask the Senator from Rhode
Island a question because I may with-
draw the amendment after I have the
record Made on the problem that ,con-'
corns me so greatly. - _
As a member of the Rules Commit-
tee, I am aware that we have brought
before in the requests f roan various Com-
mittees and subcommittees in. tire Senate
for the budget to operate that committee.
The Internal ,Security Subcommittee
of the Committee on the Judiciary, dur-
ing the presentation of their budget re-
quest on February 27, 1974, indicated
that they kept records on various people
in this country which they gathered
through intelligence activity. They had
flies, names of people that could be con-
sidered as suspicious, and other such
characteristics as they indicated to our
committee. . _
My only point Is that I realize that this
Is not a matter, of one Senate committee
investigating other subcommittees or
committees where we have the word
"investigation" on page 2 of our resolu-
tion today, however, we have some vari-
ous generalities as to what this commit-
tee's authority may include.
A prime responsibility is that It can
look into, of course, any agency which is
carrying out intelligence or surveillance
activities on behalf of any agency of
the Federal Government,
I would like to ask the Senator from
Rhode Island if he considers that the
language is broad enough, on page 2,
lines 8 and 9, to include the reviewing of
I pledge that we will be careful to - take it. the activities of the Internal Security
preserve our legitimate intelligence in- Mr. TOWER. I thank my friend from Subcommittee of the Committee on the
terests. Rhode_ leleeed. Jiedeciik _of_ the U.S. Senate as it might
Approved For Release 2000/09/03 : CIA-RDP8360082 000700040044-9
. Approved For Release 2000/09/03 ..CIMBRg3B9RWR0007000400444
4
CONORESSIONAL
S 978
relate to sueveW.ance activities or gather- "(18) Ninaetb.er new legtslatlon or an
ing of intelligence. be enacted to strengthen the nattonal seen-
amendment to any existing legislate= should
so determine. I do not see how that is rity, intelligence or surveillance activities of
the Matted States."
Mr. PASTORE. Well, I mean, if they
apt to happen. The House already dis-
banded that committee. I hope we do it Mn BARTLETT. Mr. President, the
here in the Senate, as well. But this is amendment adds to section 2, beginning
a far-reaching authority, on page 3, one more paragraph, to insure
If they so choose to do it, I would say that the Senate further expressly auth-
that they could, but I would not want to orizes and directs the select committee to
amend the present resolution as it now make a complete investigation with re-
stands.spect to the following matters, or ques-
Mr HATFIELD. Would the Senator tons. It adds the question of whether
there needs to be any bill introduced or
?
have any objections to the latitude
aria scope of this committee being interpreted any amendment to strengthen the na
to include some review or investigation tonal security', intelligence or surveil- is classified.
of activities of the Internal Security Sub- lance activities of the United States. . Mr. TOWER. May I say to the Senator
committee, to see how it is collecting - I am aware, as the Senator from Rhode
e
from California I believe we have alreaat:
data? Island knows, that section 4 on page 10
Mr. PASTORE. Well. if they have don of the bill authorizes the select commit-
answered that question. It would be u
things as bad as the CIA or PBL if it is tee to recommend the enac to the committee to determine what kit'tment of any
of clearance is required. That will be :
so determined, I do not see why any new legislation or the amendment of any
internal housekeeping -matter for :
Senate committee should be immune. existing statute which it considers n.eces-
1 mean, we have got to treat ourselves sary for these pu committee. But the guidelines. shouldrposes. laid down. I believe the?comnaittee wo
as we expect to treat everybody else. . But I want to be assured that the ques-
Mr. 13AT7a.LD. Mr. President, I am tion will be answered by the committee, want to be protected. I mentioned.
worst case theory awhile ago that .
very happy to hear the Senator say this, and to know that in case there was no
ps a foreign. intelligence-gathe
because it would seem to me U we are forthcoming legislation that there would ha
organization, in the absence of any
basically concerned about the abridge- be a definite and definitive answer as to
telLig,ence clearing on our part, c
merit of civil rights of our citizens whether this question had been reviewed'
insert one of its people- into our corn,.
through the action of gathering 4ntel- and answered by the committee in its
" tee staff and actually penetrate the ,
ligence,. and so forth, of executive eget).- recommendation. rnittee. That would be of conside-
cies, we should be doubly concerned Mr. PASTORE. I would suppose so;
embarrassment to the committee..
about the procedures used by one of our otherwise this whole investigation would
ben under whose sponsorship that.
own subcommittees of the 'U.S. Senate. be a nullity. son was. I think we should have
* 1, for one, am not satisfied with the In other wo d
rds, U nothing was found
answers I received from the chief clerk and nothing was wrong, and naturally, protection_
of that subcommittee as he appeared of course, they had given a bill of en- In addition to that fact, the Count -
before our Rules Committee. . dorsement, we would have to change should have that protection. I believe o
have a public resia ortsibili ty to make sur.
I would like to think it is understood nothing by legislation. that the people that we put in these stat
? that the resolution certainly carries with On the other hand, if certain authority
it enough authority for that committee was exceeded or the agencies went be- positions are going to be people whoa-.
under this resolution to look into these Yond the parametere of the present char- sense of discretion and loyalty are be-
- activities of the Internal Security Sub- ter a;nd got us mixed up in Laos, got us Yond question.
committee, if someone brings that issue mixed up in Chile, got us mixed up in Mr. CRANSTON. I admire the Sen
up before the committee. Cambodia and other parts of the world, ator's efforts to cut oft such dangers
Mr. PASTORE. Or any other Com- where they had no authority without Since there is no law that gives the Exec
, mittee. . the consent of Congress, in that particu- utive the power of clearance or denial o
Mr. HATFIELD. Or any other coin- lar case, the committee would come back clearance, since that is done by Exec:
mittee, but this one committee is already and make a recommendation, if they tive order, whatever rules the cornmitto
involved.would find it necessary to do so. ? writes will govern. what happens in tr
Mr. PASTORE. But that is not the I would hope, without encumbering area.
thrust, I want to make it clear, not the this with duplicate language, that we Mr. TOWER. This. is correct_ It is V,
. - . .
*
thrust of this resolution, but it would be would understand that these are legisla- committee's baby.
encompassed in it because it is broad in tive words of art when it says the select Mr. CRANSTON. I thank the Senato
scope. committee shall have authority to reconi- t
Mr. HATFIELD. I unde Mr. PASTORE. Well, let us see Urstand, but I mend the enactment of any new legis-
would not want to exclude one of our lation. Th cannot put the baby to sleep.. L sugge..
They have the authority. I would the absence of a quorum.
own subcommittees, if we are so anxious hope that they would exercise it.
to investigate the executive agency. That Mr. BARMr. TOWER. Will the Senator with
TLETT.' Will the Senator
yield? hold that for a minute and yield to me
Is why I am raising the question. Con- Mr. PASTORE. I yield.
gress should look at its own intelligence Bor. PASTORE. What the Senator
gathering and file keeping also. wants to do is to say that they have to Mr. TOWER. Mr. President, in the Fri
Mr. PASTORE. That is right, make a recommendation one way or the day, January 24, issue of the Arizona Re
Mr. HATFIELD. Mr. President, I with- other. public, William P. Maloney, Jr., a forme.
draw my amendment. Mr. BARTLETT. I a,m saying, if I may ambassador to Ghana and a good Dem
' ?
The PRESMING OFFICER. The say to the Senator from Rhode Island, ocrat who insists that CIA regulation i
amendment is withdrawn. ? that they shall make a determination of long overdue, he states that:
Mr. BARTLETT. Mr. President, will whether or not there is legislation needed In the approachlng investigations, it is im
the Senator from Rhode Island yield to to strengthen the national security, in- portant to keep two things in mind: Thfit
telligence or surveillance activities. that competent intelligenee. branch.
me 2 minutes? ?
Mr. PASTURE. "I yield 2 minutes to they shall make that determination_ Is to our survival and that the CIA, with all I
the Senator assuring me that they will org.aniza.tions of its kind around. So let I
faults: is one of the best, if not the very lies
the Senator. make that determination in deciding no-t throw the baby out with the bath.
Mr. BARTLETT. Mr. President, I call whether or not they will avail themselves ?
up my amendment, of the authority of section 4? I ask unanimous consent that his lett
Th.! PRESIDING OFFICER, The Mr. PASTORE. I would hope so. I in the Arizona Republic be printed at t
amendment will be stateth would hope so. point in the RECORD.
AppromeddFo reRelease 2000/0,794)t rysiAnkigg8
Mr. BARTLETT. With that assurance There being no objection, the lett?
to Pdgc1.60IgliniWo was mott-de/4:edotoo4b4e printed in the REcoR
-T11,.-:.? legislative clerk read as follows:
lows:
The PRESIDLNG. OFF/CER. The .
ainen.dment
Is withdrawn.
Mr. CtRANSTON. 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 designatlon, 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,
: "AppriNg For Release 2000/09/03
January AGass34aE?MM -
S 97g
CIA Esau:rt./mos Lowa Weaves
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 seller on the subject, "The
CIA and the Cult, of Intelligence" by Mar-
chettl. & 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 -
adzalnistratione and especially a pliant and
gullible Congrese. 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, U
not the very best, organizations of its kind
around.
Bo, let's not throw the baby out with the
bath. Hopefully, in the coming months both
our domestic freedom as well as the struc-
ture. and role of- this excellent organization
will be strengthened.
Mr. SCFIWEICKER. Mr. President, I
would like to commend the disting-uished
majority and minority leaders for their
? decisive action in moving to establish a
select Senate committee to investigate
the recent charges involving various organizations 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. ?Peoxenez), 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 Corn-
znittee, both in the House and here in the
Senate, and that experience convinced
me of the necessity for an effective in-
telligence oreanization.
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 a law?and in
fact, because of the unique nature of
intelligence activities, it is fundamental
to the integrity of our free ir_stitutions
that the intelligence community respect
the rule of law.
Unfortunately, the Congress has not
been as vigilant in thi.s area as it should
have been. Despite nearly 200 legisla-
tive proposa.ls, .no major legislation re-
garding our intelligence community has
been passed since 1949, when the original
CIA charter was amended. In the inter-
Approved For Release 2000/09/03 : CIA-IkDP83B0
verth28 years, the statutory authority of
the CIA hstappy a seri of area notllfied
tiges a
arid
ad b secret ati-
reirdetrative actions, Exe.cutive orders,
and National Secudty Council actio.
As a result. the CIA noel has a "secret
charter" which may be vastly different
from the original statute passed by Con-
gress?and even those IvIerabers a Con-
gress with oversight respon.sibilities for
C".J.A. cannot say with confidence what
is in the secret charter. I hope the select
committee will focus a raajor inquiry in
this area, and will untangle the various
provisions of the secret charter and in-
sure that our basic intelligence author-
ity b embodied in a new, statute, passed
by Congress, rather than in a series of
secret documents. In a free society, the
entire concept a a "secret charter" is an
intolerable contrediction in terms. and
must not be permitted.
Third, there are numerous indications
that the intelligence conamunity--and
particularly the CIA?has expanded its
functions into nonintelligence areas,
creating a. shadow government, dupli-
cating and even superseding the activi-
ties of other Govenament agencies. I re-
cently disclosed an unclassified, CIA con-
tract proposal, asking American firms to
conduct industrial espionage againet our
NATO allies and others, to determine
their future plans in the area of ground
trensportatiom Certainly we have a legi-
timate Goverrtment interest. in this area,
but it should be pursued openly, by the
Depa.rtment of Transpertatian or Com-
merce, rather than covertly by the CIA.
And in response to my disclosure, our
Nam allies said thee- would be happy
to enere infotiaaton of this nature with
our Government and in fact, are now
doing so, thus eliminationg 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 congressioxral 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 specific-ally 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 thoughtl'ul concern over the
role of intelligence agencies in a demo-
cratic society. Nearly 2O 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 db-
? tinguished senior Senator from lehrode
Island ae.d the esteemed majority leader,
and the many other le:embers of this
body who have labored for thia 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 .coranittee is similar in
many respects to a proposal offered by -
Senators MANWIELD and MATHIAS which
was referred to the Committee on Gov- ..
ernment Operations. The Subcommittee ?
on Intergnaverrunental Relations, which I
chair, held hearings on December 9 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, cora-
znittee study what ha e gone before us and
to measure past activities a our intelli-
gence agencies ageinet. the laws- which -
authorized them. ?
For many years -now we. have been
given constant assurances by the Central
intelligence Agency iahrl other intelll-
gence agencies that they have been.
forthcoraing to the Congress throegn the
? appropriate channels such as the present e
oversight- committees. Unfortunately
events of the past few years, and more e_
part1al:Lea-1y of the tat few weeks, ap-- -
peae- to suggest that there is an instinct
on the part a these agencies to withhold
information from the Congress to protect
themsel ves.
In the ? ?
past , proposals from the Con- .
erress, from scholars and frora Priden-
tie' 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-
gresernen ? and on domestic political
gioups. The President has acknowledged
that the CIA mistakenly became involved _
in domestic surveillance. We have hail -
evidence of military agents spying . on
civilia.us on behalf of an agency created
by Department of Defense directive. The
list goes on. .
The creation of a select committee to
explore these allegations and activities
as well as the overall activities and re- -
sponsibilities of the entire intelligence
conenunity represents an objective re-
sponse by the Senate to difficult and
complex. circumstances. It is not a call
for a witch hunt. It is an a.ssumption of
responsibility.
This is an undertaking of the greatest
itnportance. It is one which has the.
strong support of most of the Members
of this body.
It is essential that this select commit-
tee begin now to obtain answers. 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
Oitiiii6e60-6 6'616'6414'4 pub""
? "
' Approved For Release 20
S 980 CONti
ERR itRoWfcEe4FRoier23 R0007QQA441G4499, 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 vele 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 thorotighly examine these allegations I do not dispute the need for secrecy in
any changes in the tray 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
e.nd judicious administration of -intelli- activities of the other Federal intern-' members of the current congressional -
? ' i I dine the subcommittees on intelligence oversight
gence gathering agencies and the assur-
ance that those activities are subject to
the restraint of law as they impinge upon
the free exercise of our constitutional
rights.
If the select committee is to carry out
this mandate, it must not be impeded in
any way in its investigations.
The committee should explore still un-
answered questions about the use of in-
telligence agencies in the .Watergate
incident and any other instances where
agencies exceeded their authority. .
- 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-
CIA that they assist E. Howard Hunt committee be guaranteed? These are verY
lic confidence in the integrity and quality
_ with his masquerade for the purpose of serious questions in my eaind and I hope
.
In the December hearings before tlie clandestinely bree.king into the office of that, the select committee will include ?
. ef our intelligence agencies.
Daniel Ellsberg's psychiatrist?a Pate them in its inquiry.
Intergoverremental Relations Subcom- - .
ently illegal act? Who put together the - ? Mr. President, I believe that the need.
member of the Senate Select Committee Huston . plan to infiltrate dissident for the creation of a select committee to
mittee, Senator BXE,MR testified.that as a.
on Presidential Campaign Activities he groups for the purpose of gathering in- investigate the Federal intelligence corn-
formation on them? These are questions munity has been amply documented. I
was told at one point in his investigation
that the CIA would supply no further in- that need to be answered and I trust that strongly endorse- its enactment.
formation to the Watergate committee in the coarse of the select committee's Mr. GOIDWATER. Mr. President, I
investigation they will be. rise in ,support of Senate Resolution 21 -
but instead would 'supply all of the in-
Mr. President, the collection and Cata- creating a Select Committee to Investi-
f
formation to their regular oversight
loging of information on - individuals? gate Intelligence Activities.
? committees_ Senator BAKER went on to
without their knowledge or consent?has At the outset, I want to state that the
say: always been abhorrent to the American intelligence community has served the
? That effectively ended the Watergate Coin- people It is, at a minimum, a violation of Nation loyally and ably. Moreover, I
rnittee's inquiry into CIA involvement.
? the constitutional right to privacy as 'want to take this opportunity to salute
Based on the explanation by Senator, guaranteed by the fourth amendment the dedicated, hard working men and
MAIISFIELD and Senator PASTORS an the . and, at maximum, a threat to one's lib- women of the intelligence community
day Senate Resolution 21 was introduced, erty and freedom 'of expression. In the whose work goes largely unheralded be-
there should be no question about the context of these recent revelations, we cause of the climate in which they must
right and the authority of this commit- hear the phrase- "police state" bandied -
'tee and its staff to obtain any informs- about and I am disturbed' by it. A de- "PrkrOduction of useful intelligence to
tion which in any way affects or relates mcrcracy is founded on the principle that guide the Nation's policy makers in mak-
to the intelligence activities of the Gov- . the Government is for the people, not ing decisions relies upon the efforts of
ernment, against them. Consequently, as the thousands of persons who do their work
As the able majority leader stated so elected Representatives of the American in a painstaking and careful way.
well: people and their interests, it is Mount- While agent operations are important
It should ,. to the Nation, they constitute a very
e d clear that this bent upon the Congress to act quickly -
committee will only be able to perform its ? to insure that this unwarranted intru- small proportion of the total intelligence
function effectively if the provisions of this sion into- the private lives of U.S. citizens effort. Agent operations have been
resolution are liberally construed by corn- has stopped and will riot recur. The re- glamorized in novels and movies. Most
TtlitteeS and by the agencies which are the sponsibility is ours and the response of us enjoy this kind of entertainment,
subjects of its investigation, must be ours as well. - but the image that emerges is very far
Nothing should be able to be used as Mr. President, included within the nur- from reality. -
a bar to a thorough investigation? view of the select; committee's inquiry is The truth of the matter is that the
neither the system for classifying nit- "The extent and necessity of overt and production of intelligence requires the
tional secrets nor the provisions of the covert intelligence activities in the painstaking work of many- specialists
National Security Act itself. . United States and abroad." I have al- who carefully analyze information from
I am confident that the members of ready expressed my deep concern for many sources. Most of the work is far
this committee will use this authority unmonitored intelligence gathering - op- from glamorous and very far from James
judiciously with the utmost concern for orations within the United States, par- Bend. .
' preserving and improving-the institutions tic.ularly 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 railing, I suppose a select committee was
It has taken us a long time to reach need for some congressional knowledge of inevitable. .1 would have preferred that
this important point but the effort prom- and input into the foreign intelligence the Senate inquire into intelligence no-
ises to bring forth fruitful and construe- activities. tivities through the existing committees
tire change. Up to this time, the Congress has gen- and subcommittees that. have response.
1Vre. PA.c'r.KWOOD. Mr. President, early orally had very little knowledge of CIA bilitieS for intelligence.
3o.st week the Senate determined to take operations in a foreign country unless In supporting Senate Resolution 21,
an actiAptserOVediraikteigsael-26olb
=sag _goe.s wrong and a great deal I want to make it clear that in no way .
/03. : CIA-RDP83B00823R000700040044-9
-
gence gathering agencies,
National Security Council and the De- more often than not simply been pre- ?
fense Intelligence Agency. However, the'seated with o, fait accompli rather than
main focus will be on the heretofore consulted during the initial decision-
largely unknown activities of the Ceti- making prccess? I do not think this is at
tral Intelligence Agency and the Federal- all clear and it should be.
Bureau of Investigation.- I have indicated my support for a
For the last 2 months, the newspapers permanent Joint Congressional Commit-
have been replete with stories of CIA tee on Intelligence Oversight which
involvement in Watergate-related in- should, in theory, enjoy a more compre-
trigue in violation of the CIA's legis]-a- hensive oversight capability' than has
tive mandate to restrict all intelligence been the case with the current subcom-
gathering activities to foreign countries. mittees in the House and Senate. Given
Further, we have been informed that the that reality, however, exactly what will
FBI was actively and illegally wiretap- that oversight capability include? And,
ping civil rights leaders and other poll- more importantly, given the congres-
ticians at the 1964 Democratic Convenez sional track record on sensitive informa-
tion. Who, Mr. President, sanctioned tion leaks, can the security of intelligence
taps? Who suggested to the information imparted to the oversight
4ta4pf.);oyAFor Relemmscimi cagamspE2R0007000400449
do I agree to the criticiera that has been
made concerning our existing commit-
tees. I know that our colleagues on these
committees have done their utmcst 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
comzrnttees, 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 Arkatessee was chairman of the
Permanent Investigations Subcommittee,
I believe he established the procedure of
having closed hearings before Open hear-
ingswere held. If I remember correctly,
the distinguished Senator from Arkansas
- ? established this procedure to protect both
e his subcommittee and witnesses from
unnecessary embarrassment.
It is nay 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 intent-
. getsze community. Before any decision
- On open hearings is made, I would hope
the members and staff would have ample
opportunity to do some homework.
The Senators and -Staff who serve .on
the select committee are going to. have
knowledge of a lot of matters which, it
improperly handled, can -cause our Na-
tion harm.
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 1947 needs revision.
Second, to determine whether or not
there have been illegal activities within
- the intelligence community.
If there have been illegal activities,
than I believe the committee must de-
termine whether these illegal activities
constitute a pattern or are merely aber-
rations.
Sometimes what may appear to be an
illegal activity may turn out to be some-
thing quite different.
Ultimately, the select conimittee 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 hest of the Sen-
ate.
If surgery is required, let it be per-
formed only after the most careful diag-
nosis. And, if there is surger", let us use
a very sharp scalpel?not a meat ax. ?
Mr. .DOleaNICI. 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 overeight 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 cur 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 Resoultion 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
mir guard that such legislation with a
commendable purpose is not allowed,
through error or excess, to undermine
our country's security.
Mr. PACICWOOD. 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--will get to
the bottom of the U.S. intelligence comrnu-
nity's problems without the full and active
support of President Ford and his staff." This
is because, he goes on to say, "The inquiry
into Intelligence acti-."ites must inevitably
find out what pact Presidents authorided the
agencies to do. ?
Because of its particular relevance to
the bill we will vote on today, I am bring-
ing this article to the attention of my
S 981
colleagues. Mr. President, I ask unani-
mous consent that the text of Mr. Pin-
cus' editorial be printed at this point in
the RECORD.
There being no objection, the editorial
was ordered ta be printed in the RZCORD,
as follows:
esters- AND PIDMIDZNTS
- (By Walter Pincus)
No select Senate committee-,-not even a
joint. congressional committee?will get to
the bottom of the U.S. intelligence com-
munity's problems without the full and ac-
tive support of President Ford and his stall.
The- reason is simple: such an inquiry must
inevitably end up tryin.g to find out what past
Presidents and their staff authorized these
agencies to do; what formai groups. such as
the 4.0 Committee, approved; and what. stens,
if any, the White House ever took to stop
abuses of authority or projects that. were il-
legal on their face.
Current newspaper allegattotut about the
Central Intelligence Agency's domestic OD-
tivi ties and the CIA partial confirmation plus
admission that the Federal Bureau. of Inves-
tigation has collected tiles on members of
Congress illustrate the point. .
Fortner CIA Director Richard Hefei, 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 subcorn-
rnittee'that, under Helms, the agency on Aug.
15, 1967 established a unit within its coun-
terintelligence department "to look into the
possibility of foreign links to American dis-
sident elements." Two weeks later, Colbe
went on, the executive director of the Presi-
dent's National Advisory Commission on
Civil Disorder asked how the CIA might assist
that inquiry..
? In setting up the c:orniniselon, President
Johnson's executive order bed called upon all
government agencies to cooperate-. Colby
never stated, in his prepared teat, why or
under what authority Helms 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-
tivity becsme 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 estab-
lished at that time was one intended to work
out a plan for handling disorders La Wash-
ington.. Former participants on that inter-
agency pane/ from the Pentagon and Justice
Department don't remember CIA haring been
a party. Colby's later dtsclosure--that at this
time the agency's Office of Security inserted
10 agents into dissident organizations operat-
Mg la 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 HOUSF: tracing establishment
of such 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 Rouse impeach-
meet inquiry, was moving to Las Vegas where
it was feared ha "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 reque,ts.
Only the White House can disclose what rola
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S 982 CONGRESSIONAL RECORD?SENATE . January 27,, 1975
the CIA has been asked to play under that ? Mr. PASTORE. Mr. President, I suer- unanimous consent that the order for the
law. gest the absence of a quorum. quorum be rescinded.
In 1970 and 1971, White House aides asked The PRESIDING OFF/CM. The clerk The PRESIDING OFFICER. Without
CIA. to participate in what was known as the
all
will c the roll' ? objection, it is so ordered.
Huston domestic Intelligence plan and to will call - ?
proride assistance to a former agency official,
The second assistant legislative clerk Pursuant to the previous order, the
F.. Howard Hunt, who at the time worked for proceeded to call the roll. Senate will now proceed to vote on the
the President. Again, the question must be Mr. MANSiele./..D. Mr. President, I ask resolution, as amended. On this question
raised as to what White House authorization unanimous consent that the order for the the yeas and nays have been ordered, and ? ?
the agency was givers to undertake the re- ' quorum call be rescinded, clerk will call the roll.
quested activities. Hunt's aid was cut off The PRESIDING OreICER. Without The assistant legislative clerk called -
only when, in the words of the man who was ? i the roll.
objection, t is so ordered.
then chief assistant to the deputy director, Mr. MANSFIELD. Mr. President, will Mr. YOUNG (after having voted in_the
it appeared the agency was becoming involved negative). On this vote I have a. pair with
the Senator yield for 2 minutes?
In. a "domestic clandestine operation." the junior Senator from Washington
In 1971 and 1972, according to Colby, the Mr. PASTORE. I yield.
. he
CIA undertook physical surveillances of five
(Mr. JecksoN). If he were present
Americans including. apparently, newsman would vote "Yea." If / 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 permitted to vote, I
would vote "yea." I therefore withdraw
my vote. - ?
Mr. ROBERT C. BYRD. / announce
that the Senator from Washington (Mr.
Jecetsoet) , the Senator from Rhode Island
(Mr. Pete), the Senator from California
(Mr. TrerNET) , and the Senator from
Indiana (Mr. HARTME) tare necessarily
absent. - -
I further announce that the Senator
from Kentucky (Mr. HUDDLESTON), a-nd
the Senator from Hawaii (Mr. INones)
are absent on official business. "
I further announce that, if present and
AUTHORIZATION FOR COMMEI Lea voting, the Senator from Rhode Island
ON COMMERCE TO riLE REPORTS (Mr. PEL d L), an the Senator from Cali-
UNTIL MIDNIGHT TONIGHT fornia (Mr. Telmer) would each vote
"yea."
? .-
Mr. MANSFIELD. Mr. President, I ask -
unanimous consent that the Committee Mr. GRIFFIN. I announce that the
Senator from New York (Mr. Javies) is
on Commerce be authorized- to file re-
Jack Anderson, "to Identify the sources of JOINT REFERRAL OF CERTAIN'
(news) leaks." This appears to complement . ' COMMUNICATIONS -
the so-called "national security" wiretaps ,...... ,,,,,,, ? -
conducted by the FBI at the direction of the aver. leamaSPEEMD. Mr. President, I ask
Niton White House from 1969 to 1971. again,- unanimous consent that a communica-
the agency and the White House must make tion from the Federal Energy Adrnhais-
clear the authority under which the CIA tration transmitting a study under Pub-
conducted such operations. lie Law 93-391, be referred jointly to the
In March 1974, Colby "terminated the do- Committees on Interior and Insular Af-
=este:. intelligence collection program (be- fairs, Public Works, Commerce and Fi-
gun T years earlier) and issued specinc guide- nance, and that a second communication
lines that any collection of counterintelli-
received this day from the Council on En-
take place abroad and, would be initiated only vironmental Quality On Land Use, pre-
in response to requests from the FBI. . . ." pared as a part of its annual report, be
Was this at White House direction? And if referred jointly to the Committees on
not. could a future President reverse such 0 Interior and Insular Affairs, Public
policy? - '
The FBI situation is slightly different. Works, , Commerce,. Agriculture and For-
There is no information as to how or why
The PRESIDING OlerICER. Without
former FBI- Direntor J. Edgar Hoover began
collecting politically-tantalizing material objection, it is so ordered.
about congressmen and other public figures.
One point is clear, however?he 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, necessarily absent.
.' H. R. Haldeman. No objection or order to ports until midnight tonight. . - I also announce that the Senator from
stop ever came back from the Oval Office. ? The PRESIDING OrrICER. Without
Maryland (Mr. Meenees), the Senator
One other presidential role in these areas objection, it is so ordered. . from Idaho (Mr. McCerne) , and the Sen-
needs exploration. Were agency directors
ator from Vermont (Mr.. Seereolle) are
Sea-
ordered by the White House to cover up
certain activities when called before con- QUORUM CALL absent on official business.
? greselonal committees? Former CIA Director - I further announce that the Senator
Helms, for example, when questioned by the Mr. MANSFIELD Mr. President, I from Ohio (Mr. TAFT) is absent to attend
Senate Foreign Relations committee in suggest the: absence of a quorum. e. funeral. -.. -? .
February 1973, was asked directly about CIA The PRESIDING OleielCEart. The clerk I further announce that, if present and
.
participation in a White House plan in 1969 will call the roll. - voting, the Senator from New York .(Mr.
or 1970 to coordinate domestic intelligence The assistant legislative -clerk pro-.
-
activities, Helms said he could net recall?
Jevrrs), and the Senator from Maryland
ceeded to call the /ell. - ' (Mr. MATELts) would each vote "yea." .
though he knew full well of his activities in
Mr. PASTORE. Mr. President, I ask The result was announced?yeas- 82,
1970 Huston plan discussions. Last week he
unanimous consent that the order for
told senators he misunderstood the question, as follows:
At a May 1973 hearing. Helms told senators the quoruin call be rescinded. nays 4, jleolleall Vote No, 1 Leg.] "
he had no idea that Hunt, prior to public The PRESIDING OFFICER. Without
YEAS-63 -
reeetion. of the Ellsberg break in; "was going objection, it is so ordered. .
to be involved in any domestic activity." . Ahosareek - Easttand
. Fannin
-Metcalf
Of course, he did?that was why aid to Hunt ,,, Mondale
stooped. Former President Nixon and his SELECT COMMITTEE TO STUDY Baker
Bartlett Bong'or - ? . MontoyaMorgan .
eides kept a close watch over any congres- GOVERNMENTAL INTELLIGENCE Bagel Garn - Mose
Glenn . Musisle
tcld to mislead? . The Senate continued with the cone BBBeeellanlmt1soena
HG sr anss' eein Nunn
Packerood
stoma! testimony that could implicate them ACTIVITIES
or Their assistants in Watergate. Was Helms - Goldwater Nelson
LI current congressional effotts to harness sideration of the resolution (S. Res. 21) pl_cloecit.
Hart, Gary W. Pastore .
the intelligence community ,break up as a to. establish a Select Committee of the Brock Hart.
Hart. Philip A. Pearson
rreeet of lack of White House cooperation, Senate to conduct an investigation and Buckley Haskell Percy
addizioeal atlegatioes of past wrongdoiag. study of governmental operations with ' lee teent Proxmire
Hathaway Randolph
Byrd.
are bound to be made because the climate
respect to intelligence activities. Burdick
- Hollings Rinicoff
both Inside and outside the secret security
eervices has changed. Strong internal agency Mr. PASTORE. Mr. President, I ask for
?
Harry F., Jr. Tires:ea . Roth
he-tie:ship has gone. And on Capitol Hill, the the yeas and nays on passage. .Byrd, Robert C. Humphrey SchwelkerScott. Hugh .
cld etattech defenders of intelligence ac- The yeas and nays were ordered. Cannon Johnston
Kennedy Sparkman
tivizita are either gone or powerless. Mr. PASTORE. Mr. President, I sug- case
Chiles -Laxalt Stennis
For these Interested in protecting the legit- gest the absence of a quorum. Church Leahy - Stevens
. igice.e, functions of the Intelligence COMMU- The PRESIDING OFFICER. The clerk Long Stevenson
Lee:. the future looks grim?indeed black if will call the roll. Clark
me:muses:.
Mansfield sSysitonlengthtt
saore is Ea, Z911111043V dalitiFfeeibard-
82NLIOD70(1041044-4v
Culver Curtis _ McClellan Tower
Misers
the nerd Aagraoilee jails to see that fax ?
clikefvRelease e -
commission studying a very narrow set of
allegations. Mr. MANSFIELD. Mr. President, I ask
. Eagleton McIntyre
?
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eionzi..a-i-y 27, 1975 CONGRESSIONAL RECORD --- SENATE. S 983
. ?
NAYS-e4? ' 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. .
Scott.
William L. Thurmond tens or.questions: .
(15) Zuci other related raatters as the -
(1) Whether the Central Intelligence committee deems necessary tzt order to carry
PRESLYT AND GIVING LIVE PAIRS, AS Agency has conducted an. illegul donaestic out lea responsibilities under section (a).
PREVIOUSLY RECORDED-2 intelligence operation in the United States. . Sec. 3. (a) To enable the select commit- ?
? (2) The conduct of domestic intelligence
Yourag, against tee to make the investigation and study au-
.or counterintelligence operations against
Gretn, for . ? thortzed and directed by thLs resolution, the
United States citizens by the Federal Bureau
..
?Senate hereby empowers the select corn- '
' ? NOT VOTING-11 or Investigation -or any other Federal agency. mittee as an agency of the Senate (1) to .
(3) The origin and disposition a the &) employ Javits Stafford ? employ end fix the compensation of such
nuddieston Mathias Taft called Ruston Plan to apply United States in- clerical, investigatory, legal, technical, and
Inouye McClure
Pell Tunney ? tellige lli
nce agency capabties against indie - other assistants- as it dee -necessary or
Jackson ?
viduaLs or organizations within the United
States. ' appropriate, but it may not exceed the nor-
-mai Senate salary sciaedules; (2) to sit and
So the resolution (S. Res. 21) was
Th
agreed to, as follows: (4) e extent, to which the Federal Bu-' act at any time or place during sessions, re- ?.
re au of Investigation, elle Central Lateei-
Ens. 21 , urrument periods a the See-
s. gence Agency, and other Federal law enforce-- ate; (3) to hold hearings for taking
Rewired, To establish a select committee ment 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 governmental operations with govern that coordin t
respect to intelligence activitiee and of the
extent, if any, to which illegal, improper; or
unethical activities were engaged in by any
agency a the Federal Government or by any
persons, acting individually or in combina-
tion with others, with respect to ant' intel-
ligence activity carried out by or on behstif
- of the Federal Government; be it further
- Resolved, That (a) there is hereby estab-
? lished a select comraittee of the Senate which
may be called, for convenience of expression,.
the Select Committee To Study Governmen-
tal Operations With Respect to Intelligence
Activities to conduct an investigation and
study of ?the extent, it any, to which illegal,
improper, or unethical activities were en-
gaged in by any agency or by any persone,
acting either individually or in combination
with others, in carrying out.any intelligence
or surveillance activities by or on behalf of
any agency a the Federal Government. '
(b) The select committee created by this
. resolution shall consist of eleven members of
the Senate, six to be appointed by the Presi-
dent of the Senate from the majority mem-
bers of the Senate upon the recommendation
of the majority leader of the Senate, and five
minority members of the Senate to be ap-
p Jetted by the President of the Senate upon
. the recommendation of the minority leader
of the Senate. For the purposes of para-
graph 6 of rule XXV of the Standing Rules of
the Senate. service of a Senator as a mem-
ber, chairman, or vice chairman of the select
committee shall not be taken. into account.
(c) The majority members of the corn-
znittee shall select a chairman and the minor-
ity members shall select a vice chairman and ----.,*--n,.- agencies. are governed by Executive - to procure the temporary or intermittent
tlae committee shall adopt rules and proce- orders, rules, or regulations either published services of individual consultants, or orga-
clure_s to govern its proceedings. The vice or secret and the extent to which those Exec- nizations thereof, in the same manner and
chairman shall preside over meetings a the utive orders, rules, or regulations interpret, . under the same conditions as a standing
he -
select committee during t absence of the expand, or are in conflict with specific Iegis- committee of the Senate may procure such.
chairman. and discharge such other respon- lative authority. ? services under section 202(1) of the Legis-
? sibilities as may be assigned to him by the ' (10) The violation or suspected violation le.tive Reorgatezation Act of 1946; (e) to use
select committee or the chairman. Vacancies of any State or Federal statute by any in- on a reimbursable basis. with the prior coe-
in the membership a the select committee telligence agency or by any person by or on sent of the Committee on Rules and Ad-
shall not affect the authority of the remain- behalf a any intelligence agency of the Fed- . ministration, the services of personnel of ? ?
in members to execute the functions a the era l Government including but net limited any such department or agency; (10) to /zse
select committee and shall be filled in the to surreptitious entries, surveillance, wire- ? on a reirabursable basis or otherwise with
'same manner as origelaal appointnaents to it taps, or eavesdropping, illegal opening of Co the prior consent of the chairman a arty
aze made.? United States mail, or the monitoring of the subcommittee of any corrunittee of the Sen.-
(d) A majority of the members of the se- United States mail. ? ate the facilittes or services of any members
lect committee shall constitute a quorum for (11) The need for improved, strengthened, of the staffs of such other Senate COITIMit-? .
the transaction of business, but the select or consolidated oversight of United States in- tees or any subcommittees of such other
qufcomznittee may affix' a lesser number as a
teiligence activities by the Cong,ress. - Senate committees whenever the select
orum for the purpose of taking testimony (12) Whether any of the existing laws o commIttee or its chairman deems that such
or depos
ons. the United States are inadequate, either in action is necessary or appropriate to enable
a
Sec. 2. The. select committee is authorized
their provisions or manner of enforcement, to the select committee to mice the Invg?ti-
and di:acted to do everythhig necessary or
s
safeguard the rights of American citizens, gation and study authorized and directed
appropri to improve executive and legislative control by this resolution; (11) to have direct acces
. ate to make the investigations and -
'e?
.stud Y specified in subsection (a) of the first
select committee or any of its investi tor
of intelligence and related activities, and to through the agency of any members of th
section. Without abridging In any way the
l a'
resolve uncertainties as to the authority of or egal ssistants designated by it or Its
.authority conferred upon the select corn- United
e rain.ority menther
United States intelligence and related agen-
chairma or th rankine
extentand questions a is authorized to investigate
to which a leek of coordination has contrib- or study; (4) to require by subpena or?
uted to activities or actions which are ille- otherwise the attenda3ace as witstersses of
gal, improper, inefficient, unethical, or con- any persons who the select oornmittee be-
trary to the latent of Congress. ? 'levee have knowledge or infor
n mation con..
(5) The extent to which the operatio of cerning any of the matters or questions it -
domestic intelligence or counterintelligence is authorized to inv destigate an study; (5)
activities and the operation of any other ac- to require by subpena or order any depart-. .
tivities within the United States by the Cen- raent, agency, officer, or employee of the
tral Intelligency Agency conforms to the leg- executive branch of the United States Gov-
islative charter of that Agency and the intent erruneat, or any private person, firra, or cor-
a the Congress.? ?poration, to produce for ita consideration or
(6) The past and present Interpretation for use as evidence in its investigation and
by the Director of Central Intelligence of the study any books, checke, 'canceled checks,
? responsibility to protect intelligence sources ? correspondence, communications, document,
and methods as it relates to the provision in papers, physical evidence, rewrcis, record--
section 102(d) (3) of the National Security lags, tapes, or materials xelating to any of
Act of 1947 (50 U.S.C. 403(d) (3)) that ". ? the matters or questions it is authorized to
that .
at the agency shall have no police, subpena, investigate and study which they or any of
law enforcement powers, or internal security them may have- in theLs custody or under ?
ftuactions. . . their control; (6) to make to the Senate
(7) Nature and extent of executive branch any recontunendattons - it .deenas appropriate
oversight of all United States intelligeace In respect . to the willful failure or refusal
activities. of any person to azaswer questions or give
? (8) The need for specific legislative au. testimony In his character as a witness dur- '
thority to govern the operations of any Intel- ? lug his appearance before it or in respect to
ligence agencies a the Federal Govern- the willful failure or refusal of any officer or
ment now existing without that explicit stat- employee of the executive branch of the
utory authority, including but not limited to United States Goverrune-at or (my person,
agencies such as tha Defense Intelligence trzn, or corporation to produce before the
Agency and the National Security Agency. committee any books, checks, canceled -
The nature and extent to which Federal checks, correspondence, communicattons,
agencies cooperate and exchange intelligence document, financial records, papers, physical
information and the adequacy a any regula- evidence, records recordings, tapes, or
tions or statutes which govern such coopers- materials in obedience to any subpena or
tion and exchange of intelligence informa- order; (7) to take depositions and -other
testimony on oath anywhere within the
(9) The extent to which United States in- United States or in any other country- (8i1t 1
mitcee by the preceding sentence, the Sen- cies. ?
to any data, evidence:information, report,
ate further expressly authorizes and directs (13) Whether there is unnecessary dupli- analysts, or document or papers, relating to
the select committee to make a complete cation of expenditure and effort hi the col- any a the matters or questions which it is
investie-ation and study of the activities of lection and processing of Intelligence infor- authorized and directed to investigate and
any Ei.!;en,27 or of any and all persons or rnation by United States agencies, study in the custody oro e h contra
,groups of persons or organizations or_ any 1141..oludity?tirri qeterAyAppesS008231R00070 08 or ern-
? Approved?For Rerease 2
?
?
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Jcatuary 2ii 1975
CONGRESSIONAL RECORD?SENATE
S 984
?
ployee of the executive branch of the United ties of the Central Intelligence Agency in to 'establish a select committee of the
States Government, including any depart- foreign countries or the Intelligence activi- Senate to conduct an investigation and
trent, agency, officer, or employee of the ties- in foreign countries of any other de- study of governmental operations with ?
United States Government having the power partment or agency of the Federal Govern- respect to intelligence activities.
u Crr.e. the laws of the United States to inves- meat; ? . _
Mr. wi
tizate any alleged criminal activities or to Sec. B. As a condition for employment as
eiSF . Mr. President, I sh
pr.csecute persons charged ;Prith crimes described in section. 3 of this resolution, each to state, before proceeding with the dis-
egeeast the United States and any depart- person shalt agree not to accept any honor- Cllesioil.5 and consideration of this resolu-?
reeet. agency. officer, or employee of the I:triune royalty or other payment for a speak- tion, that insofar as the majority leader
Insited States Government having the au- lag engagement, magazine article, book, or is concerned, the chairman of the Corn-
thertty to conduct intelligence or surveil- . other endeavor connected with the investiga- mittee on Armed Services, our colleague
lance within or outside :the United States, tion and study undertaken by this commit- from Mississ? ippi (Mr. Srzerms) is owed a
e.e.thoter, regard to the jurisdiction or au- tete., of thanks because throughout the
thorite of any other Senate committee, e4y; Sec. 9. No employee of the select committee ? vote _ e e
which wee aid the select committee to pre- t or any person engaged by contract or other- years he has scrupulously endeavored, to
pare for or conduct the investigation. and: , wise to perform services for the ielect coni- the best of his ability- and in line with
study authorized end directed by this reso- s mittee shall be given access to any claselfied his other responsibilities, to scrutinize all
ie-iae- and (12) to expend to the extent it h elect e0erinaittee unless activities of intelligence agencies related
such employee or person has received an ap- to the defense community. He need no
information
proprlate security clearance as determined yield to any Member of this body his -
by the select committee. The type of security stance as the preeminent "watchdog". of
clearance to be required in the case of any
the Conicess in performing this critical
such employee or person shall, within the "
determinattort of the select committee, be oversight function. I commend Jouzi
commensurate with the sensitivity of the SEENNLe. The Senate commends JOHN
classified information to which such em- STENNIS for his assiduous and conscien-
ployee or person Will be given access by the( tieus work in this endeavor. .
select committee. te----1 Mr_ President, now that the select
Mr. PASTORF,. Mr. President, I move committee has been approved by the Sen-
to reconsider the vote by which the reso- ate, the minority leader and I have di-
ected. a. letter to the- heads of agenclee?
deterrnines 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 snake.
(h) Subpenas may be issued by the select
committee acting through the chairman or
any other member designated by him, and
rney be served by any person designated by
reach chairman or other member anywhere
within the borders of the United States. The
chairmen of' the select committee, or any
to adminleter ostb.s to any witnesses appear- Mr. MANSFIELD. I move to lay that and departments of Government most
other member thereof, is hereby authorize lution was agreed to.
log before the committee. ? ' motion on the table. preeminently concerned with intelli- ...
(c) In preparing for or conducting tile The motion to lay on the table was gence endeavors. The -letter reads as
-
investigation and study authorized and di-,
. rected by this resolution, the select cone- agreed to __ ?
mittee shall be empowered to exercise the ?
powers conferred upon committees of the
Senate by section 6002 of title 13, United
States Code, or any other Act. of Congress
regulating the granting of immunity to
wamesees.
See. 4. The select committee shall have au-
thority to recommend the enactment of any
new legislation or the amendment of any
existing statute? which it considers neces-
sary or desirable to strengthen or clarify the
national security, intelligence, or surveil-
lance activities of the United States and to
protect the rights-OL United Sta citizens
tes
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 IvIontarta (Mr.
1VIeeisiersto) 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
- with regard to those acnvit_es. -is limited to 1 hour, to be equally-
sec. 5. The select committee shall make a vided and controlled by the Senator from
enal report- of the results of the in-se:stip.- Montana. (Mr. MANSFIELD) and the Sen-
this resolution, together with its ffndtngs athr from Michigan (Mr. GarrPret).
tion and study. conducted by it pursuant to
? and its recorereendationes ase to new congres- The Senate will be in order. .
sional negtslation it deems necessary or de- The clerk will state the motion.
sirable, to the Senate at the earliest practice- The legislative clerk read as follows:
Me date, but no later than September 1, The Senator from Montana (Mr. MeNs-
3975. The select committee may also submit rreen) moves that the credentials of Louis
to the Semite such interim reports as it cone G Wyman and John A. Durkin and all papers
seders appropriate. After submission of its now on file with the Senate relating to the
fanal report, the select committee shall have same be referred to the Committee on Rules
tezee calendar months to elcee its entairs, and and Administration for recommendations
on the expiration of such three 'calendar thereon. - .
months shall cease to exist.
Sac. 6. The exeenses of the select commit-
? Mr. P.IANSeae,LD. Mr. President, I ask
tee through September 1, 1975, under this unanimous consent that the pending
resolution shall not exceed $750,00 of which business be laid aside temporarily, so
amount not to exceed 3100,000 shall be avail- that I may complete the work on the res-
able for the procurement of the services of olution providing for the select commit-
iedividual consultants or orgenleations tee, on which the Senate has just, ex-
thereof. Such expenses shall be peed from the preseenl its approval.
coatingent fund of the Senate upon vouchers
The PRESIDrNG OFFICER. without
t,por.-;ved by the chairman of the select cora- 1. . .
naitr.ee. ? . objection, it is so ordered.
sze. 7. The select committee shall institute Mr. 1,,TANSietELD. Mr. President, may
r.nd. ,:,.:ry cut such rules and procedures as we have order?
it :nee: dee-:n necessary to prevent (1) the dis- The PRESIDING OFFICER. The Sen-
cu-re, outside the select committee, or any ator from Montana has the floor. May we
information relatiori to the activities of the have order in the Senate?
Cer..;.ral Intellisence A3ency or any other
Cepartment or agency of the Federal Govern-
ment engaged In intelligence activities, oh- ?
talnee by the select committee during the SELECT COMMIT latit, TO STUDY
re....iree of its study and investigation, not GOVERN-MaNT INTELLIGENCE AC-
reeeeerezed by the select committee to be . TIVITIES ?
ease, ed; and (2) the chsclosurE.., outside the .
continued with the con- 1 acel that the administration about
tvalC2oalii)-dide 'ZIA RIDPfk3 ot2 ikt ? tolloca ds
. 7.:.r.le?cit,ih.PPe_serCNO:,- a, ccitnirAlreft. s G, BO 3 u0700 WO ?documents.
As you may be aware; the Senate Is to con-
duct an investigation and study of govern-
ment operations with, respect to intelligence-
activities. The scope of the Investigation is
set out In. S. Res. 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
reeurds or documents pertaining in any way
to the matters set out in section 2 of S. Ptea.
21.
Sincerely yours, ?
This letter is being directed to heads of
19 separate governmental units as listed
here: . - ?
JiLersteaz 21,1075. . ?
Honorable William E. Colby, Director, Cen-
tral Intelligence Agency, and as Coordinator
of Intelligence- Activities, Washington, D.C.
20505.
Lt. Gen. Daniel 0. Graham. Director, De--
fenee 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. Reeney, Acting Asst. Attorney
General, Criminal Div., 9th and Constitution
N.W., Washington, D.C. 20530.
Mr. John R. Bartels Jr., Administrator,
Drug Enforcement Administration, 1403 Eye
St. N.W., Washington, D.C. 20537.
Honorenle James R. Schleeinger, necretary
of Defense, Ptoom 3E 880, The Pentagon.
Waslaingten, DC. 20301.
Honorable Howard H. Callaway, Secretary
of the Army. Room 3E 718, The Pedatagon,
Washington, D.C. 20310.
Eon. J. W. Middendorf, Secretary cf the
Navy. Room 4E 710, The Pentagon, Weehing-
ton. D.C. 20350.
Hon. John L. McLucas, Secretary of the
Air Force, ROSSI 4E 871, The Pentegon, Wash-
ington. D.C. 20030.
Lt. Gen. Lew Allen Jr., Director. Netional
Security Agency, Fort George G. Meade,
Maryland 20755.
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:7anutiry 27, 1975 CONGRESSIONAL RECORD?SENATE, S 91)
.
et cetera, applies as well to all agencies
and subagencies 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 trane
spired so that it may seek to close legal
loopholes if there are any: In the end, we
must know 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-
gence community is doing the people's
business, to the end that the Nation may
be vrith 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. Thsee 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 w
itbffs'i64dtrdijiketierlage
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 intelligence 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 may 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
cominittee, 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 inappropriate for a bevy
of studies of intelligence to proceed
simultaneously in several others.
May I say, Mr. President, that this in
no way conflicts with the legislative
jurisdiction of the legislative committees
so charged.
The select committee is equipped with
a bipartisah membership. The Senators
. who will be selected for service on this
committee are no different than the rest
of us. They are not tied with a bine rib-
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-
ond-class Senators. Those who will serve
are men of competence, understanding,
and decency. They will do the job which
the circumstances and the Senate re-
quire of them.
The committee has been equipped
with full authority to study, to hold
hearings and to investigate all activi-
ties?foreign and domestic?of the intel-
ligence agencies of the Federal Govern-
nient. In the pursuit of that mandate, I
have every confidence that the commit-
tee will act with discretion, with re-
straint and with a high sense of na-
tional responsibility. There is no cause
and inclination to pursue this matter as
a Roman circus or a TV spectacular.
There is only the need to see to the sober
discharge of very sober responsibilities.
How the committee proceeds is largely
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 Ido so on behalf of the.
distinguished. Republican leader and
myself. .
The PRESIDING Oa
reCER. The clerk
will read the nominations. -
? The assistant legislative clerk read as
Senators Church, Hart of Michigan, Mon-
dale, Huddleston? Morgan,. and Hart of
Colorado. -
Mr. MANSFIELD. The' Republicans
also. ?
The assistant legislative clerk read as
follows:
Senators er,
Tower, Bak, Goldwater,
Mathias, and Schweiker.
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January...0,059Yg
through a government ? organization call
Women,. Infanta, Children.. Supplement
feeding is being provided under careful med
cal supervLsion. for 635.000 women and oh
d e
The origins of President Ford's proposal to
boost the cost of food stamps to. the 'poor
are cloudy. Tho tendency is- to blame that
popular villain, Secretary of Agriculture-Earl
Butz whose department has the. say-so on
food and nutrition. A candidate given credit
by those in the know is Roy L..Ash,. director
of the Office of Management and 'Bud;et.
But the President took it and, short of action
by Congress, his order will prevail. ; -? ?-? .
?
? - ? ? .
CRIMINALACTrTITIES OF alit: CIA
(Ms: HOLTZMAN asked and was given
permission to extend her remarks at this
point in the RECORD and to include ex-
traneous matter.)
Ms. HOLTZMAN. Mr. Speaker, today
I am resubmitting, with ?24 cosponsors,
a resolution of inquiry calling on the
President to disclose to the House Judici-
ary _Committee all information' he has
regarding possible criminal acts commit-
ted by the Central Intelligence Agency;
I originally submitted this resolution on
behalf of Congressman JOHN BIIRTON and
myself at the beginning of this Congress!
The- resolution has been.referred to the.
Judiciary. Committee. ? ? -'? - ?
?-?
Our resolution is narrowly focused.: It
does not inquire into the CIA's adherence
to or-violation of its -own charte7. Other
legislative. proposals will?and should
deal:with. those .questions. Rather, the
resolution.- is concerned:with the extent
to which- the CIA, has engaged sur-
reptitious entry,. burglary, intercepting
mai12::wiretapping and 'electronic -sur-
veillance riot pursuant to court order,
and 'maintaining flies on U.S. citizens-
thereby engaging in the violation of Fed-
eral criminal statutes:. ? .? ? :
Tile Judiciary, Committee his over-
sight responsibility for the enforcement '
of our Federal criminal laWs. The recent
allegations regarding- the CIA make it -
imperative that the -committee- deter- ?
Mine whether the existing laws are them-
selves ? Sufficient to 'deter. Government
agencies from Violating the laws and-
abusing the-rights of citizens. *,????????.... ?:' -?,'
Allegations of high-handed and crimi- -
nal-behavior?by the CIA are a very seri-
ous matter:. Surely one of the -Principle,-
? on which our system is based is that no-.?
body is above the law?not the President
and not the CIA. It is imperative that ?
agencies of Government, as well as Priv-
ate citizens, be made to abide by our
iSa439119P8
- WHO BIM THE PEOPLE -WHO SEER
? TO DESTROY' US WILL BENEFIT
FROM- -COMPROIVITRING ? AND IN-
TERFERING WITH CIA?.. "
(Mr. sru-Fs asked and was given per-
mission to extend his- remarks at this
point in the REcoaa and to include ex-
.
traneous matter.) ? : -. ? --
Mr.? SIKES. Mr. Speaker,, on the .22d
. of .. December, the New :.;york ' .Times
charged. .that our foreign., intelligence
service, the-CIA, "directly -violating Its
charter, conducted a massive-illegal do-
mestic intelligence, operation." ? ? ? --
Even though in the ensuing Contraver-
sy a Presidential commission was. a13-
Pointed and congressional committees
are lining up to investigate the charges,
it is already? abundantly clear that the.
activity which is under attack and which
may have been used purposely to stir up. -
the fuss:- ? . ? , ? -
. ?
Was not a domestic operation; ? .
Was not in violation. of CIA's charter;
and . ? -? ? - - ? ? . .??. ?
?????? Was not illegal. '
The Director of Central Intelligence.:.
Mr. William E. Colby, has flatly denied in --
sworn testimony given to congressional-
committees, this New York Times alle- ?
gation. ? ? . _
Mr: Speaker, the essential facts .hiire
already been well-publicized: .
CIA was asked, starting in- 1967. tO-
heln.;determine if - an-ti-American- for-
eign elements were 'exploiting dissident
movements within the United States;
Likely targets of such exploitation, in-
dividuals and organizations, were identi-
fied in leads supplied mostly by. the FBI;
CIA's 'job- then was-to -report back to
the FBI or other appropriate authbrities
on their...,foreign travel?where they
Went,. who ...they savi. mhat they did
abroad.. -? ? - :':- ? 7 '
Mr.. Speakerj submit that- the foreign
aspect of this situation fits- foursquare
within the CIA's- foreign ? intelligence-
' charter?there simply is no other Fed-
eral agency intended for or Capable of
job of intelligence collection abroad: -
In fact, failure to carry out such an as--
signment would be tantamount ton d ?
eliction of duty. -1 ? ,:-., ? -
-
. Now. it is clear, Mr. Speaker;.thai 1-.1-1;51
. Intelligence collection program. 'abroad *
has either been misunderstood or some-
one has been the victim of intended dis-
tortions, But to confuse matters--further,
someone has lumped together with this
program several undertakings within the
United States?activities anyone is free
to either applaud or deplore?designed
to protect intelligence sources and meth-
ods?an obligation Imposed upon the Di-
rector of Central Intelligence by the Na-
tonal Security Act of 1947.
Mr. Speaker, I am one of .those privi-
leged to sit on the Appropriations Com-
mittee which considers, evaluates and
rejects or approves CIA's budget. I know
how costly some of our intelligence col-
lection systems -are. I am aware that
countermeasures can deny us the bene-
fit of vital information. I am aware of
the threat to the safety of individuals
I urge my colleagues- to support this
resolution when it comes to the floor.
. The 24 cosponsors of the 'resolution
are: MS. ASZLIG, Mr. BA:3=LO, Mr. BAUM%
Mr. BROWN of California, Mr. Convras,
Mr. DE:LLITMS, Mr. FORD of Tennessee, Mr.
HARRINGTON, Mr. HA-INK/NS, Mr. HELSTO-,
SKI, Mr. JENRETTE:, Mr. Kon, Mr. MET-
CALFE, Mr. MITCHELL of Maryland, Mr:
RANCEL, Mr. RICHMOND, Mr. ROSENTHAL,
Mr. ROYDAL, Mr. SOLARZ, Mr. STARK, Mr.,
STOKES, Mr. WAXMAN, Mr. WEAVER, and
CIIARLES H. Witson of California.
23R000700040044-9'
- ? -1133i
who collaborate with CIA, if their ? se-
erets are compromised. Therefore, I am
- going- to err,- if I must, on the side of
? zealousness in protecting these matters. ..
But, Mr. Speaker, I also believe in con-
gressional oversight and the checks and
balances of our constitutional system. I
am aware that the CIA ? is specifically----:
proscribed from internal security func-
tions. If someone has evidence that CIA -
has disregarded this limitation, I want
to know. I am in a situation where such -
matters can be discreetly explored and-
corrected if need be. ? .
This Nation has been ? fortunate to
have had a distinguished succession of ?
Directors of Central Intelligence?Mr. '
Colby, Mr. Schlesinger, Mr. Helms, Ad- -
miral Reborn, Mr. McCone, Mr. Dulles,
to name some. They are dedicated men?
. dedicated to our Nation, the need for ob-
jective intelligence. They have been
served by equally devoted professionals
within CIA who helped give us the type
:of intelligence product which:
possible --treaties. on nuclear
weapons, SALT;
?-? Monitored crises; - ? - ?
Saved the Nation literally hundreds of
millions of dollars by accurately assess-
ing the force structure against us; and
. -
Forestalling miscalculations by - our
own leaders.
Mr. Speaker, such people are the pre-: .
servers of our system, not its destroy-
ers. Let Us not,, in the aftermath of all
that we have gone through these _re-
?cent years, indulge ourselves in an enao-
tonal binge-which could conceivably un-
dermine that one Institution in our Fed-
eral structure which is assigned the es-
sential task of giving us the unvarnished
truth about the world- around us.-'Let ?
us remember, institutions after all are:.
only the length and breadth of the shad-
ows of those who work within them. Let
us not now unfairly- besiege and be-
leaguer those who have served so well.
Let us give them the tools and the over---
sight they deserve and need. Who. but '
the people who seek to- destroy us will '-
benefit .from - compromising and' -inter-
fering with CIA??? ? ?
.? - ? - ? - -??=
_ - -
WRO WILL AWARD DAMAGES TO
. .
THE VICTIMS OF THE MAY -DAY
DEVIONSTRATION?
.?
?(Mr.? SIKES asked and was given per-
Mission to extend his remarks at this
point in the RECORD and to include ex-
traneous matter.) '?
. ? .
Mr. SLICES. Mr.. Speaker, one of .the
more ridiculous court actions of recent _
times is an award of $10,000 each to law-
breakers who sought to shut down our
country. Nevertheless, that is what has
happened in the ? case of 1,200 demon-
strators who were booked by police in
Washington during the May Day in-
vasion of the Capital in 1971. it-is to be
hoped that a. higher court will overturn
this absurd decision.
When: the demonstrators came to
Washington vowing to shut down the
Capital City and the Government of the
United States, they came here deter-
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