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-RDP83B00823R000700040047-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 21
• Document Creation Date: December 9, 2016
• Document Release Date: April 14, 2000
• Sequence Number: 47
• Content Type: AG

Approved For Release 2000/09/03 : CIA-RDP83600823R000700040047-6
PROPOSED AGENDA FOR AD HOC GROUP
ON CONGRESSIONAL INVESTIGATIONS -
OF US46.?
03
31 January 1975
1. Security
. Discussion of DCI Rough Outline of Speech
?
3. Development of Annexes
A.
'B.
IC Staff is writing an Annex on the anomalies in the Law.
Would like FBI to take CIA Appendix .I - The Counter-
intelligence Piece Provided the Commission. Also NSA. ?
C. DLA on Intelligence Process
D. CIA on Intelligence and Secrecy
e
E. IC to Develop a Rcso..rt ce Annex
jr-,/ _f
_r_r2 72-ue Git-e-- re7 r-74F,7,
F. IC to Pull/Together Chronology of Revie ws
e
C a
?
/ I -e ee " ,
Approved For Release 2000/09/03 : CIA-RDP83600823R000700040047-6
-
ja,z1tco*RwromaicS For Relegggrg
least 5 y are within
on the. d teat the
Taxpa: ,:s meet
may eia.... to exclu
gross in ome If the
their res deuce is $2
tion can only be
payer's I- fetime.) If
exceeds '2,0.000, an
to exclu a part of t
of 520,00 over the
residenrq. Form 211
Persor.al Residence)
Ing whet gain, if
an elderty taxpayer
i
Addisi. nally, a tax
to-vont= the gain o
residenc if within
after fni sale he bu
residence, the cost o
the aclj*ed sale p
Addi7non.1 time is
struct the new rest
on actirp duty in
Pu'olicasion. 523 (Ta
Your Home) may al
Retirement Incom
be 9-year perio ending
these two requ
the entire g
adjusted sales
000 or less. (
e once duni
he adjusted s
election may
e gain based o
justed sales pri
(Sale or Exc
Is helpful In d
y, may be exc
hen he sells 11
ayer may elect
the sale of his
year before- o
s and occupies
whloh equals-o
of the old r
lowed if (1) ?
ence or (2)
he u.S. Arme
Information o
be helpful.
Credit.?To q
the retirement income credit, you
be a '0-4. citizen on resident, (b)
ceived ekenecl inconje in excess of
each of any 10 caletldar years be!
and (c) have cert n types of q
"retirement incoxne"I Five types of I
interest, and d viden.de '
Form 1040, aiid gross
c
, Part II, colui14n ( ?
meat income edit.
f the lesser in of:
rt
!Eying retire ent in-
r a joint retur where
5 or older) m'
pe.nsiocsi annuities.
includedi, on line 15
rents froht Schedule
qualify for the retir
The cr'eclit is 15%.
1. A taxpayer's q
come, or
2. $1.524 (52,286 f
both taates.yers are
total of hontaxs.ble
Security !benefits or
nulties) )..i.nd earned
the tax4ayer's age
earnIne-slhe may hay
If the taxpayer is
the e1.514 figure by
income In excess of
62 years aid but less
reduced by one-half
excess ?A, 31,200 up
amount, bver $1,700.
not subjkt to the e
Schen4ie P. is used
the retirement in.co
The Iiaternal Re
corrneutl the retirem
taxpaye. if he has r
pute his tax and h
for coluMne A and
and 5 on Schedule
of his Sdeial Sectult
tirernen.1 annuities,
meats
in from
?rice of
Is elec-
a tax-
es price
e made
a ratio
e of the
ange of
termin-
ded by
home.
to defer
? ersonal
1 year
another
exceeds
sidence.
?n con-
.0 were
Forces.
Selling
lify for
ust (a)
eve re-
$600 in
e 1974,
? alifying
qualifyta
nulties.
t axpay Cr
Form 10
e.; retire:nen
nterest, div
should also
J,
us the
nsions (such Social
ilroad Retire nt an-
come (depend! upon
d the amoun of any
).
der 62, he nuts reduce
the amount c earned
00. For persons at least
ban 72, this a ount is
f the earned i ome in
$1,700, plus t e total
ersons 72 and ? vet are
ned income IL. Itation.
or taxpayers w o claim
credit.
nue Service 1 I also
at income cre for a
!tested that I corn-
answers the q estions
and complete lines 2
relating to the ount
benefits, Re/1r Re-
earned inco and
Income (pensi as, an-
ends, and ren ). The
write "RIC" on iine 17,
NtJREt3ERG
Far.NE NEED ...
OF TIE GENOC
I,
Mr. Pi-t0-_,Z.D.-IIRE
- the wciat offenders
cid'-' b :Acre the ac
the Caired Nation
terininati ion. of 6 mi
Poles. i4.indreds of
Serbs. apc1 Russian
Whealtea s , ecided tlia.
the Nure
it
be -pure ,hed for a
mitted -aior to 1
tribura a which tri
crimes - eainst hun
aider Oltr:i 2.03 occ
on the g Afore.,
IALS ONLY EIN-
R THE ADO TION
E TREATY
Mr. President
of the crime o
ion was outla
was the Nea
lion Jews. 21/.
thousands of
one of
geno-
-ed by
's ex-
nillion
Lechs,
berg trials co vened
til
the Nazis co Id not
is of genocid corn-
2.9. The Nur mberg
d war crimin Is fOr
anity refused o con-
rring. before t e war
tS.
was viola
tion bee
those wh
1933 and
justice.
This s'
of inactl
those res
saores ev
man alli
There is
Hitler d
pared
Docume
berg tri
ment ma
before t
What t
tion thin
I have s
head uni
pity or m
of the Pol
a way wi
Who. still
tion of th
is q
statema,
world's- '
sacres
pleased.
when th
to show
The
that dis
concern
United
importa
further
in the
crimes
leagues
Genocid
1.0.1; Ci*(1701P-83iBil0B23R000700040047-6 S 967
ed. Had the
in existence
perpetuated
939 could ha'
uation displ
?n that was
onsible for t
n though Tu
were defeat
evidence on
y noted this
program o
introduce
contain th
e by Hitler I
e invasion of
e weak weste
about me d
t to the Eas
with, the or
my all men,
11 race and 1
we win the
talks nctwaday
Armenians?
te apparent
that Hitle
a.ttion on t
tacit cons
y should
y have alway
concern?
nocide Trea
?lays the wo
?ver acts of
tates has re
t document.
nternational
opes of eli
ainst humar
o join me
Convention
enocide C
two decad
trocities
been brat
ven-
s ago
ween
ht to
s the sam kind
brought ainst
Armenia mas-
ey and he Ger-
in World Var I.
the recor that
act when he pre-
exterminations.
following state-
at the Trem-
August 19 9 just
Poland:
European qiviliza-
not matthr. . . .
only my eath's
en to kill ithout
men, and ildren
age. Only n such
tel space !, need.
of the ex mina-
Mr. GRIFFIN. Mr. President, will the
Senator yield?
Mr. MANSFIELD. I yield..
Mr. GR.LeVIN. ". Mr. President, I ask
that the time on this side be yielded to
the control of the Senator from Texas
(Mr. Tower:).
The PRESIDING OFFICER. The clerk
will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. TOWER. Mr. President, *I ask
unanimous consent that the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without .
objection, it is so ordered. .
? Mr. TOWER. Mr. President, I ask
unanimous consent that Miss Pam Tur-
ner, of my staff, have the privilege of
the floor during the consideration of Sen-
s ate Resolution 21 and all amendments
thereto. ?
The PRESIDING OFFICER (Mr. C-ARY
W. Han); Without objection, it is SO
ordered. -
Mr. TOWER. Mr. President, I suggest ?
the absence of a quorum. ' ? ?
The PRESIDING OFFICER. On whose
time? ?.
Mr. TOWER. To be charged equally to
both sides. -a ? -
The PRESIDING OFFICER. Without
objection, it is so ordered. -? -
The clerk will call the roll.. -
. The assistant legislative clerk pro-
ceeded to call the roll. ?. ?- ?
Mr. PASTORE. Mr. President, I ask .
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING -OFFICER. Without
objection, it is so ordered.
Mr. PASTORE. Mr. President, a parli- ?
amentary inquiry.
The PRESIDING OFFICER. The Sen-
ator will state it.
Mr. PASTORE. What is the pending
business?
The . PRESIDING -01eraCER. The -
pending business is Senate Resolution
No. 21. -
Mr. PASTORE. Mr. President and col- -
leagues, I am not going to belabor this
measure this morning by an extended
explanation. As a matter of fact, I did
explain it last week and I ? think that
what we are trying to achieve is quite
well understood by the Members of the
Senate. .
. I do not think we are going to have any
difficulty with this resolution. As a mat-
ter of fact, it is generally conceded, to be
necessary, and I point up the fact that,
by a vote of 45 to 7, it was approved by
the Democratic Conference.
As I understand it, the minority
leader has stated today his selection of
members of the select ? committee, so I
construe from that that the other side
is more or less amenable to. this resolu-
tion.
Mr. TOWER. Mr. President, will the
Senator yield?
Mr. PASTORE. Unless it was a gesture
of futility.
? Mr. TOWER. It was acceptance of the
inevitable, I think.
Mr. PASTORE. Mr. President, I wish
to make it abundantly clear at the out-
set that the FBI, the CIA, and Military
Intelligence are absolutely necessary to
diForR dage 24300/09/03 : CIA-RDP83B0082teRMYtIMOV466474Sival of this
rom the p
interpret
Armenia
mit to do
e world at
failed hit
is the do
id's outra
enocide.
used to si
the int
eace and
ating a
ty, I urge
support
ccords.
evious
d the
mas-
as he
?p him
e past
ument
e and
et the
this
rest of
safety,
future
y col-
of the
CO CLUSION 0 MORN G
BusrN ss
The P ESIDING 0 e time
for the onclusion of morning usiness
having arrived, morning bus ess is
closed.
SELECT COMMITTEE TO STUDY
GOVERNMENTAL INTELLIGENCE-
- GATHERING ACTIVITIES
The PRESIDING OFFIL:rirt. Under the
previous order, the hour of 1 p.m. having
arrived, the Senate will now proceed to
the consideration of. Senate Resolution
21, which will be stated by title.
The assistant legislative clerk read as
follows:
? A resolution (S. Res. 21) to establish a
Select Committee of the Senate to conduct an
investigation and study with respect to In-
telligence activities carried out by or on be-
half of the Federal Government.
The PRESIDING 0, PiCEle,. The time
for debate on this resolution is limited to
2 hours, to be equally divided between
and controlled by the majority and
minority leaders or their designees, with
the vote to occur. at 3 p.m.
Mr. MANSFIELD. Mr. President, I
yield my time to the distinguished senior
Senator from Rhode Island (Mr. PAS-
TOrtE) .
I suggest the absence of a quorum, with
the time to be charged against both
S 963 . CONGRESSIONAL RECORD?SENATE ? . January 27, 1975.
great R.ABRI.Wair 90%plftg?se ?AP PIP 40 siirC A3RAPA 41q PeP 8 RACIUDI1R4AP4Is-9 findhags and"
recommendations but also the possibility of.
for a moment, anyone who should try or fine service.
anyone who should even begin to imarecgine .W3 do not know yet who the members oeciling contraetlag views and theoriee
which Must be accommonsten. ?
that the Senator from Rhode Island is are on the. majority side. know I am IIImately, the report a this select
trying to do anything to disrupt or to n y P
riot one of them; I do not want to be one mittee must be widel b
ted corn-
trying
-
injure in any way these fine agencies, of them. I made that pledge at the time elements of the Americ people. Other
Should iiranecliately disabuse his mind that r introduced this resolution., that - efforts to correct past Improprieties and re-:
of it. I- was not doing it for any selfish reason; so ontorceCO2.2ct. n
deittee in appropriate manner
aebiltihtye
I have been connected for a long time I was doing it because I thought it needed t an
with the Workings of these agencies. I to be done. very sensitive and important Intelligence
function will falter.
realize why they were instituted in the Mr. President, having said that, I have To fail o ea
first place. We could not survive as a nothing further. I am perfectly willing would
to
endtebe ta broadly based committee
a. dLeserviterto ourselees,
decent society without the FBI. We could to answer any questions. It is a very aim:- the Senate,.our co re and va eAmerican
never survive as a great nation in this ple resolution. It is all- spelled. out. I people.
troubled world, this sensitive world, with- understand there are going to be two Testimony already taken in the Congress
'
out a CIA or military intelligence. So I amendments. I am amenable to both strongly indicates that there have been
wish to make it abundantly clear. Mr. amendments, with. the exception, that on abuses and misuses at authority within the
Central Intelligence Agency.. Allegations of
President, that what We are trying to the Tower amendment, I hope_ we can other improprieties remain unanswered. A .
do is find out the abuse's of the past and clarify one statement at. the end, where ? virtual floodgate of questions and charges
also of the present, to find out how it it says: has been opened. engulfing our intelligence
all started, how far it went, to remedy The type of security clearance to be re- eorerounity in suspicion and. uncertainty-,
these abuses and make sure that in the quired in the case of any such employee or While some of thLs May have been more sen-
future they will not happen; and in the . person shall be commensurate with the sensi- cation than substance.. the facts remain, that
final analysis, ultimately, that the cont. tivity of the classified Information to which both damaging testimony and allegations of
dence of the people wil be reaffirmed such employee or person will be given access serious misconduct are before us and that
by the select committee. they have not been rebutted to the satisfac-
and strengthened in their appreciation ?
and their consideration, as to the essen- ? I think we ought to nail that down to tioner7f most members of Congress or of the
tiality of these great arms of Govern- be within the determination of the corn- The enoopde?Ptga ee.cannot and should not be
meat. mittee itself, closed; the questions raised. roust be an.
Mr. President, having said that, I Must . I should like to add sOn14 la rt?,e'llage ih swered; the faith of the people in this moat
in all fairness say that then t have been there, in the last sentence: "within the sensitive- .area of. their government must be
some very serious abuses. I am not going determination made by the committee restored.
If. an agency has overstepped its author-.
to debate them this morning. As a matter itself."
ity, if it has violated the-rights of citizens
of fact, our newspaper headlines haice Mr: TOleoekt. Mr. President I wonder whom it is supposed to serve, if it has been
. been replete with a dissertation of what if I might visit with the disting; ? hod involved in illegal activities, if it has been
they are. There have been charges and Senator from Rhode Island, utilized in derogation of its public trust,
countercharges. There have been those Mr. PASTOP-E. When the proper time then, these matters must be fully investi-
who- have exaggerated some of the comes. I do not thir.k we are too much gated. Corrective steps must be taken.
wrongs; there are those who have mini- in disagreement. I repeat what I said There was in. earlier time- in this Nation
when the agencies in question?born in a
rnized some the- wrongs. Because the su- last week when I was questioned by the
pervision on -the part of Congress is distinguished Senator from Mississippi, ttiy ago, turbulent orareatohle aftermath
crime half a. cen--
spread throughout several committees, the chairman of the Committee on later?enjoyed
in
very different
o yes
f image. war 25 ersy
each of which has jUrisclictiOrl in its own Armed Services: The jurisdittion of each were looked:U-4011 a; guardians of the iiation
way?the Committee on Foreign Rela-
tions is absolutely interested in inteli-
genee abroad; the Committee on the
Armed Services is absolutely interested
in military intelligence; the Joint Com-
mittee on Atomic Energy is absolutely
interested in where our nuclear weapons
are and how well they are being pro-
tected and, vis-a-vis with our adver-
saries, what they have and what we must
have?there is no question at all about
the essentiality.
The important thing here is to restore
public confidence so that these agencies,
in the final analysis, will be responsive.
That is what this is all about. This is
not to challenge the chairman of one
committee or to challenge the chairman
of another committee. We are not here
to rebuke any Member of Congress for
nhat supervision he gave or did not give.
That is not the question this morning.
What we are trying to do here is create
a select committee consisting. of 11 mem-
bers-6 from the majority, 5 from the
minority. I lmow it is not going to be
partisan. There is not a Member of the
Senate who does not put his country
before his party, or even, indeed, his own
interest. If it were otherwise, that would
be a blot on this great establishment.
What do we do by this: resolution? We
create a committee of 11 members. The
names have already been sugeesteci by
the minority leader of those on the part
of the minority party. We know who
committee as it now stands will continue.
There is nothing in this resolution that
changes that one iota. I suppose that the
authorization bills, when they come up,
Will be referred to the Committee on
Armed Services, there is no question at all
about that. I suppose before deciding the
authorization the chairman will conduct
sortie kind of hearings, not competitive
to the select committee; it could be- con-
sonant with it. I am not opposed to that.
As a matter of fact, let us face it: We
are all here trying to do the right thing.
Let us do it. That is about the size of it.
Now, Mr. President, I have here a
statement by Senator HLDODLESTOOT who
asked me to have it inserted in the
RECORD, and I ask unanimous consent
that that be done.
The PRESIDING OFFICER_ Without
objection, it is so ordered.
STATEMENT By SEN. ATO3 HV:DDLYISTON
I era pleased to support Senate- Resolution
21, which would establish a select committee
on intelligence activities.
I believe the creation of such a committee
Is essential at this time.
I believe the committee as proposed in the
resolution before us will meet the needs of
the Senate and our Nation in terms of struc-
ture, representation end mandate.
A committee such as we are about to cre-
ate must touch upon the various ages. views,
geographical areas and philosophies which
are a part of the Senate and our nation-at-
large.
To structure it otherwise would diminish
and protectors of low-abiding citizens. But,
like so many of this country's institutions in -
recent yeare, they have fallen in. esteem. The
intelligence community has lost its glitter.
The FBI hero of the 1950's baa been replaced
in the public eye by a much more dubious
character.
Tuns, the need for a full Investigation
of the tide of current charges goes beyond
the obvious requirements of discipline within
the government; it goes to a restoration of
confidence in a segment of government that.,
more than any other; must hold the pub-
lic's confidence.
No nation can gambler with its. security.
Indeed, the guarantee of that security is
perhaos the most fundamental of all govern-
mental responsibilities. Without it, all else
can quickly fade. -
National security arrangements, defense
and foreign policy strategies, and decisions
regarding a host of other Issues rely upon
intelligence. In fact. there are few who would
argue that we could do without intelligence
gathering activities-,especlally in what ap-
pears to be an increasingly complex ad
uncertain world.
Furthermore, the very nature of such ac-
tivities requires that they be closely held
and carried out. With a certain degree of
secretiveness and contideritiality.
But, the agencies involved in such activ-
like Caesar's wife, must be .above re-
proach?riot just because of their -special ?
status and charge but also because actions
which involve them in suspicion and ques-
tion tend to impair if not destroy their abil- ?
icy to function.
more are those in this body who have fol-
lowed closely the activities c-f the CIA and
other agencies With intelligence responsIbil-
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Approved For Release 2000/09/03 : CIA-RDP83600823R000700040047-6
,
January 27, 1975 ? CONGRESSIONAL -RECORD ?SENATE - : . S 969 ,
ities?the Defense Intelligence Agency. the we would not have accomplished as much States. There has to be accountability
? .
National Security Agency, the Federal Bu.- as we have so swiftly.in this very imex)r- and responsibility-. The intelligence agen-
reau of Investigation, and the Secret Service. taut matter. The efforts of the Senator cies Must be adapted to the needs of a
For that reason, we should certainle make
frora Rhode Island have manifested a . constitutional democracy in our time?
build upon their knowledge and experience. .quality of greatness. . . or they must be elirainated.
the best use of these persons; we should
- At the same time, I believe we could bene- ? I also want to thank the major leader - " We cannot eliminate them so we have
fit from new and fresh perspectives which (Mr. Measetersn), Senator MATELAS on to do what is necessary to keep them
could bring to such review an inquiring ap- the minority side, Senator Beicsa, Set- under control.. That is a job for Con-
proach nthich might not only develop neW ator Welcisza, and others who did so gress... ? ' ' s ?
ideas but also do much to insure a positive . much of the vitally important spade work Third. Therefore, as the Senate pro- -.
public responee to the ultimate findings and which has brought us to this point. . ceeds to establish the select _committee,
recommendations. rt e tablish -
I have been involved in this matter_ it is important to identify three impor-
ment of, a special comrelttee to review to
s in- since 1971, when I questioned Senator tent missions of this committee;
I do consequently. suppo
telligence operations in this country. I also Ellender, the then chairman of the First of all, it is charged with finding
think, howavee, that our intent and deter- Committee on Appropriations, on the the facts in cases of alleged wrongdoing.
mination to insure a broadly representative senate floor about expenditures for it- - Thus, the Pastore resolution empowers- -
committee must be made clear. telligence operations. I joined in earlier the select committee to "conduct an in-.
To accommodate the representation of the resolutions prior to the time that I helped vestig-stion . . . of the extentnif any, to
various views, I proposed in the Democratic. in the support that has been brought to-. which' illegal, improper, or =ethical ac- -
conference that we consider en 11-member .
behind the Pastore resolution.
tivities" have been engaged in by the
body, rather than a smaller one. While thie gather
is an aeeetteday rather large committee, in - I agree, of course, with the Senator intelligence agencies of the U.S. Govern-
this particular case. I believe that it tare- from Rhode Island that we need an ef- merit. ? This will involve identifying in-
quired. away Committees have some Nes- . fective intelligence operation, we need' dividnele responsible for such activities,: _
dictional claim over intelligence activities, it operating under clear and wise ground as well as their respective institutions. -
Interest and concern over this matter .goes rules and under firm ,control by the Ex- and I cite paragraph; 1,. 2, 3, 10 of sec-
far beyond the jurisdictional bounds of cora- ecutive and Congress. I have been crit- tiori 2.., - - e . . ? . en?, --
mitt-eel, encompassing, I would imagine, ical of the CIA and other intelligence Second,' the -select e committee
Subject vary widely.
Senate. ew ' on agenciesagencies for many of the thin th
gs ey charged with going one step further. It is-
Furthermore, I belleve that the spy member of the Vie the
have done that they should not have to consider the institutional changes
committee 'must have broad authority, as' done. There have been serious abuses.. needed in the organieatiorf of the execue
. ?
the resolution contelne It must be ern- But there also have been great accom- tive branch and changes needed in con-
powered not only to investigate possible 11- plishmer_ts. There have been deeds done gressional oversight . mechanisms - as
legal z.,ctivities and abuses in the intellie by courageous and dedicated men and well?so that these abuses of power cane ?
gence. community, but also to review ? the. women, many of whom have risked their not occur again I cite section 2, para.
:mandates or the agencies concerned; to study
lives, and some of whom have lost their graphs 4, e 6, 7,- 8, 9,-and especially,
the role of intelligence in today's world and - , 12, and 13, of Senate Reeolution 21.
to make recornmendations regarding the type lives, in service of their11
country. -
.
of stanectiare Which can best Meet the M in
eet-- I would just make these pots for the Finally, the-select committee is de-
ligence objectives which are deemed neces- legislative history and for consideration rected to make a complete investigation
sary and. proper. ' by the committee.-that will be Ca vying and study of the extent and-necessity of
Some may perceive the proposal before us. on this activity: overt and. covert intelligence activities
.
as fraught with ..iraplicatione.of sensational- First. If anyone needs reminding, there in the United States, and abroad. I cite-
isra and headline hunting?an arch have been a series of revelations over section 2 of paragraph 14.. ? - -- ? -
which we clea2-ly cannot afford . ?
the past decade and a half that point Fourth. It will be difficult fiir the 1 -
we would be irresponsible to permit. Our de- select committee to carry out these inis-.
termination on that point, too, should be not only to the internal shortcomings of
made clear. But in this year?so son after intelligence agencies it carrying out their sions--no matter how sweeping the man-
Watergate?we. cannot leave in doubt the assigned tasks, not only the lack of co- date entrusted to it, no matter how great
operations and activities of agencies involeed ordination between their operations and its delegated powers, and no matter how .
In such sensitive and significant endeavors, national policy as declared by the Pres- much access to secret documents and- ,
We ment leste.ad place our important Intel- ident and Congress, not only to the fail- processes is guaranteed -in the words of ?
vieble basis. In this case, skeletons in the ure of these agencies to communicate the Pastore resolution.. . ..
'
_
ligence-gatheeing actilittes on a sound and
closet a:re likely to haunt us not only at with one another and with the-President _ Just how does it investigate matters
home but also abroad, not only on security and the standing corirnittees of Con-
that, in their essence, depend on not
' issues but e.lso in domestic politics. They gress?bute also, and more alarming?to being seen? How will the select commit- .-
must be laid to rest, their power to subvert the Constitution tee know when it is not getting what it
The alternative is to let matters ride, to and threaten freedom here at home while needs to know to get at the full facts? -
? pe.rmit, a series of well-intentioned but over- damaging?in the majority leader's These questions are- _ without' easy
, lappine ineesteg.ations proceed, to divide ei- words--"the good name of the United answers
sive action is needed States" . . . . .
forts at e. time when prompt and comprehen- abroad. Section 3(a), paragraph 11 of Senate
.
Thus, the preferable course, it seems to roe Further, ? -t be anait+ed their Resolution 21 is of great importance. It
Is the creation of a special committee (1) power was often misused at the direction grants the members and_ staff of the
broadly representative of the various Con- of higher .authority in the executive select committee "direct access" to .any
gressionn concerns on intelligence (2) dedt- branch--or with the acquiescence of data, evidence, ? information, report,
cated to a thorough investigation of que,s- higher authorities?and with a knoi-.s-ing analysis or documents or papers" rela-
Monad a,:t1-..rities and current intelligence op- wink or willf ul ig-norance on the part of ting to the investiagtion in the Possession - -
erations and a reexaminarion of the eole of of the intelligence agencies. ? -
many members of Congress of
operations In.. our society, and (3) - . e Despite this clause, it can be predicted?
thesee-d with t'oe responsibility of making Seco iii .., ? ., . . 0 .., ? .
nd Bill* t're problem goes beyond
recern- mennations to t,he Senate as expedlti- the CI .A, the FBI, and other intelligence that this information?in some in-
ce:say ..s. po,isi',1e regarding both necessary agencies. It goes beyond foreign relations, stances?will be given up with great
correci-iTe af ZifillZ nnel the future structure. It goes beyond civil liberties at home. reluctance and, indeed, some of it already
authority and relationships within the in- Here the great issues of national sec- may have been destroyed.
teltigenze op:r.munity. urity and individual liberty are max- Further, there will be a tendency for .
I 1--''...--i-+ Se-ate ResoliitIon 21 will accom- tricably linked. We have to get some personnel of the intelligence agencies to
nct that edoption of it W oui.c.1 be a perspsctive on ourselves, on our origins, use the classification system as a means
reeit !eese in the right ciireztion. ' on our immediate past, and on our fu- of avoiding full testimony before the se-
Mr. PASTORE. I now yield to ray dis- ture?as we proceed from the aftermath lest committee. That is, they may "tell
?tingli?shed colleagues from California. of the Cold War to what appears to be the truth" or provide the facts at the
Mr. CRANSTON. I the-al: the Senator an era of interdependence in a n-Lultipo- "top secret" or "secret" level, but not -
much for yielding. . lar world. ? include information available on a given
very .
I v,-ant fiA6Dt di bib-hsc? a lein *Delete' wee ".i.e Ag.-- p.a.._ subimoo'ect at a. higher level of classiacation.
0709040047*utive or-
? Rhod,, I=iand for.Trsern. ??1.1:rnVicrrfe'Ilbrz' `1)ficatlibtig.9.6Mttlit?eheittlaitta5aistitu082
er3hip in this matter. Without his help constitutional government in the United den: and precedents and "executive priv-
Ariproved For Release 2000/09/03 : Clk-RDP83B00823R000700040047-6?
S 970 CONGRESSIONAL RECORD?SENATE - January .e7, 1975.
ilege" as shields of juscation for not
telling all they know?even though they
are under oath.
Fifth. This problem. could be greatly
alleviated if the Senate through its select
committee was guaranteed the full. and
active support of the Ford administra-
tion in. this inquiry. ? As Walter Pincus.
? pointed out in Sunday's Washington.
Post, such an investigation must inevita-
bly end up questioning the past policies
and practices of Presidents and their
staff.
Perhaps a confrontation with the
White House and the bureaucracy is in-
evitable as the investigation proceeds..
From the start, tlaere are, some powerful
incentives for .a cover up. The Senate
should understand this reality now.
Already we see a former Director of
the CIA, Mr. Helms pointing the linger
of responsibility at. one dead President
and at another who. is incapacitated--
and who, so fan has managed to avoid.
? coming into court or before a congres-
sional committee. This same man is
known to have destroyed documents
bearing an, his tenure as Director of the
?
Further, the present Director of the
C/A in his recent report apparently
pointed to his predecessor and previous
administrations as. being responsible for
a(Jas of wrongdoing. The Senate should
be reminded that this same man had
spent his entire career on the operations
side of CIA before he became executive
director and later director. Mr. Colby at'
one time directed the controversial and
perhaps dubious Phoenix program in
Vietnam, and at one time he was deputy
director for operations, DDO, in the
CIA?with, responsibility for counterin-
telligence and domestic operations
among others.
This investigation cannot succeed
without determining the individuals re-
-sponsible for illegal and improper acts?
be they in the Oval Office, the National
Security Council?and the 40 Committee
within it?the President's Foreign Intel-
ligence Advisory Board, the U.S. Intelli-
gence Board, or in the individual agen-
cies. A number of the persons involved in
past actions still serve in high positions
in the Government.
So while the select committees' inves-
tigation must not degenerate into a witch
hunt, it cannot be a picnic, either. For
here are bound to be a lot of skeletons
In a lot of closets. Individuals and agen-
cies involved in wrongdoing or ques-
tionable practices must be identified. Or
else the American people will be ill served
by another coverup. ?
Some have stated that this investiga-
tion must not be a "TV spectacular." But
it must not be conducted behind closed'
doors, either. Protecting the national
security" arguments must not stand in
the way of the American people's full
understanding of this problem, and they
must not stand in the way of publicly
assigr.ing responsibility for past actions.
Again, the fundamental issue is account-
ability and responsibility under a consti-
tutional system of government.
sitive?that bear upon the matters and
? queetions posed in Senate Resolution 21.
In this regard, any classification?de-
classification system employed should be
devised by the select committee?in co-
operation with the executive branch, if
possible. Alter all, one of the issue at
stake Is secrecy itself. The emphasis
throughout should be on sharing the-
maximum amount of information with
the public.
Seventh. In conclusion, several ele-
ments are required for a. successful in-
vestigation. and study: A continuation of
aggressive investigative reporting on the
part a the, press, and I know that will
occur: a select committee with members
and staff interested in getting all the
facts and sharing them with the Ameri-
can people to the extent possible; the
full cooperation of the executive agen-
cies involved; sources and witnesses who
are assured of proper, protection along
the way.
Again I thank the Senator from
Rhode Island, the majority leader, and
the many others for the magnificent
work that has brought us to this point
on this. day.
Mr.. TOWER. Mr. President, I yield
myself such time as I may require_
Mr. President, I will be very candid
with the Senate. It was my orighaal feel-
ing that this matter should have 'been
contained within the Committee on
Armed Services which does have over-
sight. jurisdiction over the CIA. But in
the spirit that this resolution has been
offered by the distinguished Senator
from Rhode Island, I am certainly pre-
pared to accept it, 'because I think that
the Senator from Rhode Island has set
the right tone for the conduct of this in-.
vestigation and the subsequent conclu-
sions to be drawn from it
I think that some examination of the
domestic activities of our intelligence-
gathering organizations should be in-
vestigated and I think perhaps such an
investigation is overdue.
I think it is essential that agencies in-
volved in this kind of work be proscribed
from activities that either violate their
charter, their congressional authoriza-
tions, or militate against the individual
freedom of the American people.
I think, to that end, this is the most
Important thing that our committee can
do or that the select committee when it
Is chosen can do.
It is my view that we can develop con-
structive legislation that affords such
proscriptions arid such protections. I
would express the hope that has already
been expressed by the distinguished Sen-
ator from Rhode Island that we can con-
duct our work in a responsible way, so
as to preserve the confidentiality of mat-
ters that impact on the national security
of the United States of America.
We must recognize that our adver-
saries and our potential adversaries have
had a sophisticated intelligence-gather?
ing organization, that they have an ad-
vantage over us in that they operate in
this country in a free society, and in most
respects in our operations abroad we op-
safeguards for our legitimate operations'
abroad.
? I am hopeful that we can. observe the
need to conduct many of. our delibera-
tions in private. ? I. think that although
the objective set forth, by the distin-
guished Senator from California is de?
sirable. that as much as possible they he
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 Ina-depth infor-
mation. if we go. into executive session..
So I- think that what, we must do is.
have a balanced approach. here? recogn iae
that we have to-correct abuses, recognize.
that we must compel our intelliger.ce- ?
gathering operations to conduct them-
selves within the purview of the law that
authorizes them,. and at the same time
recognize the vital interest of the United.
States from the geographic, strategic, po-
litical, tactical, economic situation that
we find ourselves in and make sure we.
do not hobble ourielves and render our-
selves at such a disadvantage that we
cannot maintain the kind of internatione
al posture we need
I might, mention_ oue other thing, M.
President; and that isnot only the neces-
sity to protect some of our agents or some-
of our covert operations abroad, but also
the confidence placed in us by foreign .
governments. We must, / think; be care-
ful not to embarrass foreign govern-
ments, no just friendly governments, but
perhaps- some mutual governments and
some that may not appear to be so
friendly that may have supplied us some
cooperation; arid I would hope we would
take care not to embarrass governments
of these countries, -
With the proper care, I think it is per- ?
fectly correct that we embark on this
course today.
I am delighted to yield to the Seria,tor
from California. ? -
Mr. CRANSTON. I thank the Senator
for yielding.
On. one point, he mentioned, I. recog-
nize that .there will have to be- closed
door sessions first, in order to get such
information, that would not otherwise be
made available, and that the committee .
will need. I recognize the reason for his .
amendment. I thina it is quite appro?
priate.
I would like to ask one question. and
make one point about it.
First, I think, as I said in my earlier
remarks just now, that the committee
-
must control the classification and de-
classification process, hopefully in coor-
dination. and cooperation with the ad-.
ministration, but It cannot get itself into
a situation where it is unable- to do-cer-
tain work that it feels it must de.
In regard to the specific amendment
that the Senator has offered, under his
amendment how do we prevent the .exec-
utive from abusing this authority?
For example, suppose they did not.
cooperate?
Mr. TOWER. If the. Senator frcm. Cali-
fornia will withhold on his question, I
was going to engage in colloquy with the
Senator from Rhode Island on this mat-
There is no good reason why questions erate in closed societies, making the ter.
of policy
ViTOraggfiiiMaIggs1500824PWW.07477-0.
?
cannot b
? ?., ? . ? e .1 bring all
all facts bared?except for the most sen- I think we do have to afford adequate this out.
Approved For Release 2000/09/03 : CIA-RDP83600823R000700040047-6
jaituary 27, 1975 CONGRESSIONAL RECORD?SENATE
Mr. CR.kINSTON, Fine.
Mr. TOT.=. So that we will make it
clear what everyone means and intends;
but I think the disting-uished Senator
from Mississippi has been seeking the
floor a.r.,d has been very patient, so I
would like to yield to him, and then we
will take this matter up subsequently..
Mr. CRANSTON. Certainly.. I thank
the Senator.
Mr. TOWER. r yield to the Senator
from aSiesissippi such time as the Sena-
tor requires.
Mr. STENNIS. Mr. President, I th.ank
the Seriator from Texas.
At Veils point, at least, I certeiolywill
not require over 20 minutes, so we can
just 1im-1c'; it.to that.
Mr. Pre-sident, after a conference with
the Senator from Rhode Island and the
Senator from. Texas, I send to the desk
an am.eralment to the proposed resolu-
tion arri ask that it. be considered. now.
The PRESIDLNG OFFICER.. The
anien.dment will be stated.
The e..istant legislative clerk, read as
I ol lows :
The Ser.at.or from Ilississippl proposes an
-amendment, at tlae end, of the resolution, to
add a new 'sect:ion as follows? ? ?
Mr. STENNIS. Mr. President., I a,sk
unanimous consent that further reading
of. the amendment be dispensed with.
Mr. a.r..eN'SFIRT,I). Why not let him
read it? ? ?
Mr. STENNIS. All right, I withdraw
that.
The pRzsiDn\rG OkVIL;Eit. The clerk
will read it in full.
The azeistant legislative clerk. read
as follow;:
At the end of the resolution add a. new
section as follows:
SFC: 7. Tie select committee shall Insti-
tute arid carry out such rules and procedures
as It may deem necessary to prevent (1) the
disClOC?ittre, outside the select committee, of
any into=_ation relating to the activities
of the Central Intelligence Agency or any
other department or agency of the Federal
Government. engaged i= intelligence activi-
tles, obtad by the select committee dur-
ing the course ot its study and investiga-
tion, not specifically authorized by the se-
lect coriq=1--ce to be disclosed, sod (2) the
disclosure. outside the select committee, of
any information which would adversely af-
fect the intelligence activities of the Central
Intelligence Agcncy in foreign countries or
the, intellizence activities in foreign countries
of any or department or agency of the
Federal Uovernment.
Mr. PASTORE. Mr. President, will the
Senator yield'?
Mr. STENNIS. Yes, I am glad to yield
to the Senator from Rhode Island. I want
to state very briefly what the purpose is,
but Inield now.
Mr. PASTORE. For the purposes of the
RECOR.D, weeld the Senator in explain-
ing his oine.ndrnerit,_ which I am going
to accept:. ex.:re:aim what he means by "not
spec ifi eel eea thori ze d" ?
Mr. STENNIS. Yes.
That is 7.C. the second part, is it not?
Mr. PASTORE. Yes.
ear. STENNIS. e.efr. Preside.r.t, this
emend:Tee:et ros to what we ordinarily
call "leales." It does not put any limita-
tien oa The :::zri:r.ittewhataoev.er.
Th APP FOY,EtaahOroKereastea2
are not expeessly authorized or given
out by the-committee itself or its mem- -
bers. It just requires that such reason-
able rules and regulations as the com-
mittee may see fit be established by the
committee regarding disclosures of in-
formation that might, in the second part,
affect intelligence abroad:
But going back to the first one for just
a moment, this, relates to disclosures by
those ,other than the committee, staff
members or anyone else that might come
In contact with this information.
In other words, the committee itself
is called on by the Senate to make these
rules and. regulations.
Now, with reference to foreign intel-
ligence or intelligence activities abroad?
arid 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. se out for themselves and staff Ix.em.-
bers regarding. thee foreign intelligence.
Mr.. BAKER. Mr. President, will the
Senator yield briefly for a question? _
Mr. STENNIS. I am responding to. a
question of the Senator from. Rhode Is-
land.
Win the Senator restate his question
with respect to paragraph 2?
Mr. PASTORE, I was wondering it the
word "specifically- was riot rather redune
dant. If it juet. said. "not authorized by
select committee," that would not lead
to any controversial confusion.
Naturally, the authorization wou/d
have to be explicit. The word "specifical-
ly" for the time being, without knowing
within what context it was inserted in
the amendment, disturbs me for the mo-
ment, unless it is more explicitly ex-
plained. I thought if we just said "not
authorized by the Select Committee". it
would be enough_
In other words, I do not want the com-
mittee to sit down and begin to write a
bill of particulars every time they are
going to authorize some disclosure.
Mr. STENNeIS. What line is the Senator
referring to? I see it. That is before the
second paragraph.
That relates to staff members. -
Mr. PASTORE. I know that. This whole
amendment relates to staff members. I
quite agree with the Senator from Mis-
sissippi. I hope that the staff does not
begin to hold news conferences. That al-
ways happens. They just take this whole
thing over. I think if there are going to
be any news conferences, they should be
by the chairman or the members of the
committee themselves, But in the past we
have had the sorrowful situation that
staff members fall over one another to
see who can tell it to the press first. I
think everything should be told to the
press that needs to be told to the public.
I think the public understands that.
Mr. SfENNIS. This is not to probilait
that kind of information.
Mr. PASTORE. I know that. But I was
wondering if the word "specifically" is
not a little too tight Mr the committee.
If we. said "not authorized by the com-
mittee," I think we accomplish the
objective.
Mr. STENNIS. What we were trying
aiiibtbwro dixittiottgaa
this information and, since it was not
S 971
covered. In any way very plearee, that
there was no prohibition on it. I do not
think this puts too raucb. of a burden.
The Senator is opening up all of these
files.
Mr. PASTORE. No.
Mr. STENNIS. The resoluton does. I
do not mean. the amendraerat does but
the resolution opens up thefiles. We just
have to have a safeguard.
Mr. PASTORE. I do not think we are ?
meeting on our intent here. I am. not op-
posed to the Senator's suggestion that
the matter of leaks should be prevented,
and that the staff should. not disclose
anything- without authorization by the
committee. The only thing. that bothers '
me is that he is tightening up the obli-
gation and responsibility of the commit-
tee a little bit too much by using the
word "specifically." If he left the word, -
"sPeCifiCally" Out, I thintr het would ac-
complish his purpose and not- open it
up to debate every tense there is the
question of disclosure. :
Mr. STENNIS. The main. point here is
to have something: explicit in writing by .
the committee as to rules and, proce-
dures. When we nail that down explic-
Wye how it should- b done,..then we -?
cover the waterfront.,
We can, strike out the Word_ "specifically."
Mr. PASTORE: Will the Senator strike .
it out?
- ? Mr.. SITNNIS. Yes.
Mr. PASTORE. If he strikes it out, L
would accept the amendment.
Mr. STENNIS.. Witte the understand- -
ing that this still careies 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. SI:ENNIS. This is putting the
Senate in a proper positiore. I think it
will help the committee to have the Sen-
ate go on record here in zr.aldng- this one --
of the ground rules, so to speak.
Mr. PASTORE. Is the Senator willing
to delete the word "specifically."
Mr. STENNIS. Yes.
bar. PASTORE.. With the modification.
I will accept the amendment.
Mr. YOUNG. Will the Senator yield_
for 3 minutes? I support the amendment..
Mr. STENNIS. I do not have control
of the time. The Senator from Texas
has control of the time.
Mr. BAIR. Mr. President, I ask the-
Senator from Mississippi if he will yield
for a question on his amendment.
Mr. Set:INNIS. All right, and then I
will yield 3 minutes to the Senator from
North Dakota out of ray time. I yield
for a question.
Mr. BAKER. This is a question of
clarification. This amendment, of course,
is an antileak amendment. think. that
Is fine. I hope we succeed. We failed
miserably in the Watergate Committee.
Our former colleague and I tried in every
way we could. It did not work.
There are some matters of sensitivity
gitickttedioiliairAc113,;rubut are still
?ttee., many
of them, in safe storage.
?
Approved For Release 2000/09/03 : CIA-RDP83600823R000700040047-6
S 972 CONGRESSIONAL RECORD?SENATE January 27, 1975
Paragraph 2 concerns me. It says: ole, or anything else?about things that
And. number 3, disclosure outside the were disclosed to them in these proceed-
committee or any information which ad- Ings. / think that is 9. matter we have to
cersely affects the latzIligence activities of trust to the discretion of the commit-
the United States. tee. Under present law we have to. I be-
lt would appear on its surface to say lieve the Senator raised a good point.
that if we sttimbled into a. matter such' Mr. CURTIS. I certainly am for the
as the Chilean situation, the Bay of Pigs, amendment of the distinguished Senator,
or the Lebanon incursion, notwithstand- but I believe we have to rethink our posi-
tion on some of these things. Here ire this
country if someone discloses a tax return,
he has violated a criminal law and can be
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 Greet:I:Eke The ques-
tion is on agreeing to the amendment, as
modified, of the Senator from Mississippi
The amendment, as modified, was
agreed to.
Mr. S eaNNIS. Mr. President, I ? ask
ing that it rnight 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 understend to be the feeling of
the Senator from Tennessee.
Mr. BAKER. If there appears to be
conduct by any agency of the U.S. Gov-
ernment that appears to be improper or
exceeds its jurisdiction, that would not
be limited by paragraph 2 of this
amendment?
Mr. STENNIS. This does not put a
limitation on the committee. It requires?' unanimous consent to yield 3 minutes to
the committee to proceed, under rules, the Senator from North Dakota without
regulations, and procedures. But these - losing my right to the floor.
things are still left in the hands of the The PRESIDING OraeiCER. Without
committee. objection, it is so ordered. .
Mr. BAKER. I thank the Senator. Mr. YOUNG. Mr. President, I see no
Mr. STitheTh.riS. It is a rule of the Sen- objection to a thorough examination of
ate by a guideline. ? the operations-of the CIA, the FBI, or any
Mr. PA STORE. With-the modiAca- other intelligence-gathering agency, but
tion, I am willing to accpt the -amend- I believe it can only be done effectively,
inent. - and without great injury to the agencies,
Mr. STENNIS. If no one else Wants the by a relatively small- committee and a
floor, can we have a vote on the aznend- smallstaiff. A big investigating committee
rnent? Will the Chair put the question? with a sizable staff?no matter how well
The PRESIDING OFFICER. Does the intentioned?cannot avoid much of the
Senator ? from Mississippi modify his information that develops at the hearings
amendmen t? being leaked to the public, thereby be-
Mr. STENNIS. Yes; by striking out the coming easily available to the intelligence
word "specifically" in the sixth line from agencies of Russia. arid every country in
the bottom. the world. ?
The PRESIDING OieraCER. The ques- If the pending resolution involved a
eon is on agreeing to the amendment -much smaller committee with only a very
as modified, minimal staff, I believe the security of
Mr. CURTIS. Reserving the right to this Nation could be safeguarded and the
object and 1, of course, will not object. investigation could be very helpful. I
I would like to as a question. would hope that the meetings of the corn-
Is there any penalty or enforcement
means to compel staff members of this
-committee to not disclose information
that their committee directs should not
be disclosed? ?
Mr. STENNIS. It is a sad state of the
law, Mr. President, but I am quite doubt-
ful that we have a law that really ? is
drawn to cover situations of this kind.
Vie have the old Espionage Act of 1913,
which specifically requires there must be
an intent to do harm to the United
States. It is a kind of wide-open prePosi-
non which is, in itself, a very strong
argument here for the adoption of this
amendment. It puts in some kind of an
obstacle. A Staff member, if he violated
the rule, would violate a Senate rule. It
would not have any criminal penalty at-
tached to it, but it would be a rule to
that extent obtain. information highly valuable to . "inserted" in some of tnese orge.reiza,tons,
them. some mail between American citizens and
'I hope the cornmitte.e will get. a prom-
the GRTJ, disclosed to Great Britain and
the United States a great deal of inside
information regareing how far Russia
would go in this missile crisis. He also
provided us with much other information
regarding the entire operations of the
GRU and KGB?their two major intel-
ligence-gathering agencies. A book was
published regarding the Penkovsky pa-
pers and information which has been in
circulation for several years.
The. point I am trying to make, Mr.
President, is that Perikovs'ezr expected to
be caught arid was' caught. There was a 2-
day trial and. he was killed. Here in the
United States there is not much of a pen-
alty for even the highest ranking intel-
ligence oMcer; a Member of Congress, or
anyone else for disclosing our most highly,
classified intelligence.
Mr. President, the Washington Star-
News of Sunday, January 26, 1975, pub-
lished a very good editorial on the sub-
ject of intelligence and the forthcoming
investigations entitled "The Great Intel-
ligence Exam." ask unanimous consent
that it be Printed in the RECORD.
There being no objection, the editorial
was ordered to .be printed in the Recoa?,
as follows: ,
THE GEFSAT Exaez
This is :the era of bosom-baring and the
eountry's numerous intelligence-gathering'
organizations are not immune. As things
stand now, various committees of the House
and Senate are gearing up for lav.estigations
of the Central Intelligence Agency, the Fed-
eral Bureau of Investigation, the Defense In-
telligence Agency and the National Security
Agency. We hope that these investigations
will be boile.d down .to, at. most, one select
committee in the: House and Senate. We also.
hope. that the invetigs.tIons will be skepti-
cal, thorough. and responsible. A witch-hunt
born of the peculiar ser-siti?rittes left over
from Watergate we old not be helpful. A
careful analysis of this country's intelligence
problenas and legislation to remedy the mis-
talres and deficiencies of the past are very
surely in order. A bipartisan congressional
Inveestigation is especially desirable in- view
of the conservative comp:es:on of the blue-
ribbon exe.cunve panel headed by Vice Presi-
dent Rockefeller which is also looki.ng into
CIA activities.
The difficulty, of course, is that, when it
comes to intelligence-gathering opers.tions,
bosom-barires, is a tricky procedure. The risk
is that too much public expo.eure of a highly
mittee would be open to the public. ef thiS sensitive area -of govermment will put -cue
were the procedure, then the public would whole operation out of business, and 'act:aril
get firsthand information rather than the reputations?and even tb.e lives?of -nee-
from leaks highly distorting the facts dis- ple Involved, to say nothing of the nation's
closed in the hearings. - security. In the past, the cousreesional coin-
Mr. President. I cannot help but be mittees with Intelligence oversight responsi-
bilities ha,ve been. squesmish. about inquirin.g
deeply concerned about the future effec- too deeply into these clandestine aft'airs. The
tiVeness of the Central Intelligence Agen- present danger is that post-Watergete zeal-
ey. No intelligence operation?particti- etre Inspired by rie-..es stories of a "massive,
larly involving clandestine operations in flie-gp.i -domestic intelligence operetion"
foreign countries or involving some of mounted by the CIA a few years back, will
our most advanced technology, especially 1
eete to excesses of revelation.
in defense areas?can be publicly dis- For our part, we remain unconvinced that
the eharees have nix 'h re.al fouridation.
closed wi,hour. enciangering, our sources
It.TOM what lees been. revealed so far?rnostly
Os information, the. lives of those involved b7 CIA Dire.ctor William E. Colby to a House'
in. this type of intelligence operations, Appropriations subcommittee?It appears
and the very effectiveness of an intent- .. tt:e.at the. agency was involved ins program of
gence-gathering organization. Russian Internal surveillance of certain domestic clis-
intelligence agents, for example, would sIdent groups suspected of having conneec-
' hae to ie ad our publics tions to tions with foreign rtgents. CIA agents ware
-
Communist correspo.ndents was read, and
ise in advApproved0Fecir Rtielitse 20,00199/g3 agClitkii'Mpl8A FBI?were
going to write a book', or a journal artt- ligence agent, a high-rankin
Bigoft?-. s
- vs
T=49447A... In addl.-
write a book? hat no staff mem er s missile cr sis Cleo?
g member of teen. Colby said, the program Involved physi-
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January 27, 1975 CONGRESSIONAL RECORD ??SENATE
S 973
cal surveillance. 'wiretaps and breet-Is di- stood, either, by all the people. There is a men; to- tell them they are appreciated,
rested at CIA personnel suspected of sec-urity greet deal of jeentiment, even under- .and to ask them. to carry on under highly
'lesits and, in a few cases, those who vrerti standing sentiment, that would question adverse conditions. -
thought to be receiving the information. the necessity for the CIA, or the pro- . From some of this intelligence, we
In Colby's opinion. and that a his 'rained/7
p
Schlesinger, the CIA,. In this period, ni2ty riety of having it. Another- thing, Mr. President, is that make decisions in the Congress as to
at predecesaor, Defense Secretary' James It.
have overstepped the strict limits of its this. is not a political issue, and CIA is .raltitary weaponry. We often. sa.ve great
charter. The various acts have beon. labelled not a political agency of any kind. It sums of money, because this intelligence
?lete us know what weapons to avoid
as "'regrettable" or "Inappropriate" or?in serves one President after another, as
building as well as are
the case of Colby?the result a "a miscon- they come. It makes no difference which _* what weapons.
ception of th extent of the CIA's authority." party that Pr?dent belongs to and haa mt probably needed- Without. the in-
os
e,
Richard Helms, who was CIA director during nothing to do, with political matters. . telligence gained under the CIA direc-
most of the per an
iod of ti-war fervor. stoutly Primarily, CIA is a Government agency tion, we would not have known. of" the
denies any impropriety on his?part. The dif-
missiles in Cubs, until they were actually
ference ir . judgment reflects more than any- collecting foreign intelligence of the most
thing else tb.e changer in climate in the l highly sensitive nature. ast f olly installed and we were directly un-
der the gun.
two years. To be effective, it must be secret. If
deed U.S. intelligence, on which the
But surely a large-part of the problem lies intelligence facts are discloeed, they Often ? In, -
CIA sits at the top, has come a long way
In the ambiguity of the charter of the CIA, lose allot their value. If an adversary?
over the past- two decades. We have
written by Congress In 1947. In. setting up merely infers that we have certain in-
the agency, Congress ruled that it should telligence, of ten it, is no longer of value. reached_the point where the SALT agree-
have no "police. subpoena, law eieforeement All illustration would be work on a . raent is possible, becats we- care now
e
powers or internal security functions" with- code. verify what they have irs. being. A num-.
reserved to the Icing-established PBX ? ? The purpose of gathering intellig,ence ber of other treaties have also been pos-
in the United States?this area being strictly
sible, because a our vertification process.
How realistic and workable this probibi- is- to learn Detentions and capabilities. .
Under Director Colby, I feel fleet the
tion W3 is sharply illustrated by the events The fast extensive foreign. intelligence .
under investigation. Despite. the prohibition act ever passed by the Congress Was In CIA is now operating in a fine way, en- -
against domestic spying, the director of the 1947. Ca:led the CLI., it has come a long, tirely within the law. I shall do-my part
-
?
CIA wee also made "responsible for. protect- long way in the past 26 Years. For 11- in- keeping it that way. ?
The organic act creating the CIA needs
Ing intelligence sources and methods from lustration, we no longer argue about a
unauthorized disclosure." lie ems also in- missile gap, or a 'bomber gap._ .
structed by Congress to "perfortn such other - In the broad and essential fields, the
functions and duties relating to Intelligence
affecting the national security as -the Na-
CIA has done an extensive and effective
tional Security- Council may from time. to job in dealing with enemy capabilities -
time direct." Between: them, it canbe argued Eind intentions. ' ?
-that these directive provide ample justtfica- As we go through lavtig,ations, let us
tion for the- activities being denounced as keep in mind the dangers from. expo-
emegain And the evidence 5,9. reasonahlY sures. Exposures can. be a? matter of life
clear that a number of former clirectorsbe- and death to Americans abroad as well as
lieved this waif indeed the cas& friendly foreigners. This opinion is?
Clearly, the .first objective of the current strongly shared by many highly respected
investigations must be to spell out more
clearly the rules under which the csA?and persons, including Director Colby, who
other Intelligence agencies as well?are sup- have been. a part. of the operations and
posed to f 1-1 TIC tton_ If all domestic counter- know the facts first-hand. Friendly gov-
espionage is to be more severely restricted? ernments and friendly foreigners will
Bs seems to be the mood. of the liberal major- greatly reduce, if not terminate their c0-
ity--Cong,ress will also have to figure out how operation and assistance. They already
the CIA IL= to protect- Its "sources and raeth- have. The information flow has been
ods frorri unauthorized disclosure." One ob- greatly reduced. Our relations with other
.vions way, of course, woultt be pass a law
rnaldng it a crime for former CIA agents to nations have been strained. Exposure of
write booics. But this would. riot solve the sensitive facts through hearings, through
larger probleneof trying to separate domeetio pressures, through staff members, or
and foreign intelligence into neatly separate through other sources, regardless of the
operations. -good intentions of the actors, comes at a
?
? Mr. STENNIS. Mr. President, how price we cannot bear.
much time do I have remaining out of In a time of nuclear weapons, with the
power to deliver warheads on target from
-my 20 minutes?
The PRESIDING OFF/CER (Mr. continent to-continent., we must have re-
sponsible informaton from many foreign
DOME/4-1W . The Senator has 2 minutes sources. Further, our ships at sea, our
remaining. military manpower scattered throughout
Mr. TOWER. Mr. President, I yield 10 the world in support- of many commit-
additional minutes to the Senator from ments voluntarily made, are all in need
Mississippi. ? a the fruit of intelligence gathered
? Mr. STENNIS. As I understand, that around the world. .
will leave me 12 minutes. The President, all Presidents, have to
Mr. President, ?may we have order? have this worldwide intelligence in for-
The PRESIDING OFFICER. The Sen- mulating foreign policies, including trade
atc will be in order. and other economic policies formulated
t Mr. STENNIS. Mr. President, my main with nations around the world.
plea today is for the nrotection of for- Intelligence comes from several
eign intelligence and intelligence sources. sources, but much of it comes from our
I think all other matters do not add up, CIA agents abroad. In my travels, I have
in the range of importance with the found them to be excellent men, capable Thursday. .
CIA's operations, to compare with this and loyal, with a steady stream of highly The CIA, of course must operate within
collection of foreign intelligence. valuable and responsible information, the law, but I want to emphasize to all
. I appreciate very much the sentiments They seldom get credit for anything of my colleagues and to the American
expressed on the floor of the Senate as They often get blamed?but by and people that foreign intelligence supplied
to the necessity for CIA and other Intel- large, they continue to carry on. by the CIA is absolutely necessary for out
ligence a
shared by wkiwuttpdoleadcp4esncyppot gmettistuitodujohoutia I diriker? 3, includ-
- n TIC ti 6r gur minter/.
a .
some amendments which tighten up the .
present- law. Our committee ha e given ?
some major amendment. which I intro- a
duce in late- 1973, special attention: id
1974.1- assisted- Senator Pea:on-az with. a
similar major amendment offered, by-him
to the military authorization .bilL. It -
passed the Senate with. my active snp-
port and we. made a strong effort. at.
the conference in behalf. of the amend-
ment. It finally lost at conference be-
cause- it was not germane, but the con- .
ferees for the House supported the idea ?
of hearings-which the House has etarted...
We shall coned:nue our efforts on that
arneridnient and others,.
We may have certthn. inteingence of
great value to us. Bunn.' it is known to ?
our adversaries that we- have it, or if
they suspect that. we- have it, than it e .
turns to ashes hi our hande and. is of
no value- -whatsoever, ? . - ? ?
Illustration: Hundreds- of, millions, .of
- dollars-invested in electronic devices- can
become- valueless overnight if it be-
comes knewn we- have s u.ch deteceS..
Our committee shall continue to exer-?
else conunittee jurisdiction on legisla-
tion regarding the CIA, and also exer-
cise staveillance over its operations, and
such other activities connected therewith
as- may be-necessary.
We shall continue to have the Senator
from Montana (Mr. MANSM:r-e), aid the
Senator from Pennsylvania (Mr. Score),
the Democratic and Republic-art floor
leaders and hence representing all of
the Senators. invited to all of our meet-
ings regarding the surveillance of the
CIA. I have discussed this with the-Sena-
tor from Montana on last Thursday and
he expects to attend. The Senator from
Pennsylvania attended our session last
S 974 Approved For Relegai5156ECM KSOF'8i616013R0007062F4i-P 1975
services, both those in civilian and mill-
such employee or person wilt he given access be misunderstood. There have ben a lot
of mistakes and they have to be cor- '
-retted. But we are not out to destroY
intelligence-gathering.
I remember one time when I 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
gentlemen take a walk and do your talk-
ing because this niece 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 FBI. 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 orgaro.eation 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
from Tennessee.
Mr. BAKER. Will the. Senator from
Texas reassure me that by setting up
these requirements for classification, we
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 for Q
clearance, a Lind 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-
ment will in any way deprive any Mem-
ber of access, and his staff, if otherwise
properly cleared? -
tare- positions. In modern times this in- by the select committee.
formation is not merely needed, it is es-
sential.
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 OraeiCER. 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 to
his responsibility in the highest tradi-
tion of the Senate.
Mr. President, may I inquire how
much time I have left?
The PRESIDING OlorICER. The
?Senater has 15 minutes remaining.
. Mr. TOWER. Mr. President, I send to
the desk an amendment and ask that it
be stated.
The PRESIDING OFFICER. 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:
Al the end of 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 a menciment provided I get a fur-
_ ther explanation of the last sentence:
The type of security clearance to be re-
quired in the caz>e of any such employee or
penson shall be commensurate with the seri-
.sitivity of the classified information to whIch
As determined by the committee.
After all, who is going to make this
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? We
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. I
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 shah, 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 accent that lan-
guage as a modification by the Senator
from Rhode Island.
_
The PRESIDING OFFICER. 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 classtled 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
determination of the Select Committee be
commensurate with the sensitivity of the
classified information to which such em-
ployee or person will be given access by the
select committee.
Mr. 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 we are dealing
with classified information, covert ac-
tivities abroad and domestically, I think
we have to have reliable peuple. 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
would. In other words, for the protection
of the staff?
Mr. BARER. What does the Senator
mean, he does not perceive that it would?
Is it his opinion that it would or would
not?
Mr. TOWER. It is my opinion that it .
would not.
Mr. BAKER. Does the Senator wish
that to be included as part of the legis-
lative history?
Mr. TOWER. As a matter of fact, the
corarnittee itself will determine. ?
Mr. BAR'vR. Does he wish it to be a
part of the legislative history of this
amendment that it is not his under-
standing or intention as the author of
this amendment to create that situation?
Mr. TOWER. It is not my intention
to create that Situation.
Mr. BA=R.. And it is not his belief
that that will occur?
Mr. TOWER. It is not my belief that
it will occur. But it is my intention that
we should not have people on tthe staff
who would be security risks. ? . ? ?
Mr. BAKER. We all share that con-
cern. Let us very much hope we succeed
in keeping leaks from occurring alto'
gether. I assure the Senator- that this
will be the case as far as this Senator is
concerned. But as far as I am concerned.
I cannot in god conscience see the
adoption of an amendment that will
make part of this committee privy to
highly . sensitive material while other
parts of the committee, though legally,
as a practical matter might be deprived
Of that information. -
Mr. PASTORE. Will the Senator ex-
pain that again?
Mr. BesI=R. Yes. Assume for a mo-
ment that the committee, in its dis-
cretion, according to the amendment
that the Senator from Rhode Island pro-
posed and Senator ToWeit accepted,
adopts some classification beyond, say,
3. Q clearance. We all know there are
some classifications beyond a Q clear-
ance. Suppose the Senator's personal
staff or select committee staff comes to
him and says, "I cannot gain access to
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 1, as a member of the committee, or
anyone else as a member of the come
rnittee, will not be thus deprived of ac-
cess to any information that comes be-
fore that committee.
Mr. PASTORE. His amendment only
has to do with staff members. The Sena-
tor is saying he does not want to be
deprived. If a member of his staff or
anyone on that staff that he may be re-
spons101e for the .committee engaging
. does not get the clearance from the com-
mittee that he must have; he cannot get
the information.
There is nothing wrong with that, be-
cause he is the one who determined that
leo ceeld not get it.
Mr. BAKER. Mr. President, as long
as I am asstzred, which is the only thing
I songht, that the concern that I ex.-
pie-sseel was, not the intention of the
doof AroegtimittirwilblpA rAtK,
fiVedNFal.ge-0
or effectively, of any information that
comes before this committee. If there
are 10,000 pages of classified material, I
cannot read it, and the Senator cannot
either, or it is 1+elikely that he is going
to be able to.
I think I have that assurance. If the
Senator from Texas will express his tm-
derstanding that this will not be used as
a device to deprive any of us of informa-
tion, then I am perfectly pleased with it.
Mr. TOWER. It was the intention of
the Senator from Texas to establish what
he thinks is the minimum requirement
that we can establish; that is, some sort
of clearance for people. I noted a moment
ago that it is conceivable that if we re-
quired nothing, the committee staff -
could be penetrated by an alien intelli-
gence-gathering organization. I think
this would be particularly true of clerical
help.
I think that the professional staff that
Is likely to be engaged will probably be
People who will have no difficulty getting
any kind of clearance they need. It is not
my intention to proscribe or tn hobble
the action of any Senator on the com-
mittee.
Mr. BAKER. Whose authority will be
required to gain the c/earimce, that of
the full committee or the chairman and
vice chairman?
Mr. PASTORE. By vote .of the com-
mittee.
Mr. TOWER. I should say the commit.;
tee has to meet and make its ground
rules. pursuant to the guidelines laid down
here.
Mr. BAKER. Is that the Senator's
intention?
Mr. TOWER. That is my intention.
Mr. PASTORE. May we? have the
amendment read again?
-
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
for clearance of personal staff, and that
on obtaining ,that clearance, they would,
in fact, be subject to the same rules as
committee staff.
Mr. PASTORE. That is correct. We do
that . on the joint committee now. The
Senator from Missouri has had members
of his staff who have Q clearance look
at some of our classified information.
They are entitled to do it, with the per-
mission of the committee itself.
Every person who looks at classified
information has to be cleared. We should
be clear about that.
Mr. SYMINGTON. Mr. President, will
the Senator yield?
Mr. TOWER. I yield to the Senator
from Missouri.
Mr. SYMINGTON. I thank my able
friend from Texas.
As I understand it, whoever is cleared,
whether he be on the staff or off the
staff, is cleared for the information. He
pI
101.04::ort
he receives. It would be up to the Senator
in question to decide whether he was
violating the rules 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. Thetis right. No one
disputes that.
Mr. STENN. LS. Mr. President, will the
Senator yield for. a question?
? Mr. PASTORE. Yes. '
? Mr. STENNLS. I believe the Senator
from Missouri was talking about some-
one-who was not on the committee staff. .-
I would not think that anyone who was
not responsible to the committee would
have access to this information. ? -
. ?
Mr, PASTORE. Oh, ?
Mr. SYMLNOTON. May / 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 committee?then it would be
his problem to see that the people on his :-
staff were cleared to receive the informs-- -
tion on the basis of their clearance, and
did not receive it if-they did not have..
adequate clearance. *- . ?
Mr. PASTORE. Provided they got the
permission of the committee. -
Mr. STENNLS. It would be a commit-
tee responsibility. - ? ' -
Mr. PASTORE. That is why I aria Writ-
ing there "by the determination of the
committee." - ?
Mr. BAKER. I entirely agree with that.-
Does the Senator from Texas?- ?
Mr. TOWER. The determination is to
be made by the committee, that is the
difference. -
Mr. BAKER. And it, can be made for
security classification for personal staff
as well as staff? . -
Mr. TOWEit. Not for personal staff. I
think for any information that the Sen-
ator gives to his personal staff, he has
the personal responsibility to determine
whether that staff member has an ade-
quate clearance. My own personal policy
is that nobody handles classified docu-
ments on my staff unless they have
clearance.
Mr. BAKER. That is the essence of MY' -
question. The answer to the question to
the Senator from Texas is?
Mr. PASTOR.E. We are confusing A
very simple thing. Let us get it plain_ No
one can look at classified information
unless they have clearance. - a
Mr. TOWER. Right.
Mr. PASTORE. If a personal staff
member of any member of the commit-
tee has that cIsarance, he or she can be
entitled to that classified inforrao.tion
only if the committee gives permission.
Mr. BAKER. Mr. President, that is my
understanding.
Mr. PASTORE. That is the rule of the
Joint Committee on Atomic Energy now.
I cannot say it more clearly than that.
Mr. BAKER.. Is that correct? -
Mr. TOWER. That is correct, and the
policy will. be set by the committee. I see
AMMO OUM417004Parre
a factorily..
S 976 Approved For Re 1975
1975
The PRESIDING OFFICER. The time
of the Senator from Texas has expired. ?
The Senator from Rhode Island has 32
minutes.
Mr. PASTORE. I think we ought
to get this amendment clarified further.
Mr. MANSFIELD. Mr. President, will
the Senator yield?
Mr. PASTORE. I yield.
Mr. MANSFIELD. I understand, Mr.
President, after listening to this debate,
that it is the Senate select committee, if
there is one approved by the Senate,
which has the final determination as to
who shall have access to what informa-
tion; is that correct?
Mr. PASTORE. That is correct.
Mr. MANSFIELD No executive agency ,
shall determine directly or indirectly who
shall have access to information.
Mr. PASTORE. That is correct. And I
cannot be more explicit than that. I
would like to have the amendment read.
The PRESIDING OleesiCER. The clerk
will reed the amendment. .
. The legislative clerk read as follows:
At the eod of the resolution add a new sec-
tion as follows:
-
"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
formation by the select committee unless
such employee or person has received as
appropriate security clearance as determined
by the select committee_ The. type of secu-
rity clearance to be required in the case of
any such employee or person shaU within the
de tAnninatioTh of the select committee be
commensurate with the sensitivity of the
classified information to which such em-
ployee or person will be given access by the
select committee.",
The PRESIDING 01,101C'E.R.. 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 ainendment 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."
Mr. CRANSTON. I have a somewhat
similar question to ask; it is similar in
its implication, and I perhaps need the
help of the Senator in figuring out what
to do about it..
With ra3pect to the words "unless such
employee or person has received an ap-
propriate security clearance," who gives
security clearance?
Mr. PASTORE. Usually by the FBI
and all other sensitive agencies of Gov-
ernment. 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
by the executive branch? They would
not, I aSSUrae, trv to holdFclowithe staff
Approved or eleas
to zero, but they might improperly with- teal and terribly secret operationS of the
held o delay security clearances. intelligence community. They cite the
Mr. PASTORE. The Senator from fact that Washington has become known.
Montana just, asked the question and I as a city of leaks. I suggest. though, that
answered it. It is not up to any agency critics are losing sight of the explicit con- .
executive; it is up to the committee. fidence in which Congress has dealt with
Mr. CRANSTON. Who is going to give national security agencies of the highest
clearances, the committee or the execu- order in the past.
tive? In our past national conflicts, during ?
Mr. PASTORE. The committee is going World War I, World War II, the Korean
to determine whether the clearance is war, and the war in Vietnam, the rule
adequate and sufficient. has been eonfidentiality\ where required. ?
Mr, CRANSTON. If a staff person that I am proud to serve on the Joint Com-
the committee wishes to use is denied mittee on Atomic Energy, a committee
clearance by the executive branch can which is so ably chaired by the sponsor
the committee override and decide they of Senate Resolution 21, Senator Pee-
are going to hire that person? ' Toile. I believe I am correct. in. saying
Mr. PASTORE. Well, in an extreme that, in more than, a quarter century,
case, I would have to answer the Senator there has never been a security leak from
in the affirmative, but I mean, after all, the Joint Comm.ittee, which daily deals
I do not anticipate that. I do not antici- with what are perhaps the most sensi-
pate that trouble. tive materials in the entire annals . of
Mr. CRANSTON. I did not anticipate the defense establishment. It is evident,
it generally. I think we might anticipate
it in regard to certain individuals who
might render invaluable service to the
committee but who might be preferred
not to be on that committee staff by one
or another of the agencies we are talking
about.
Mr. PASTORE. Is the Senator saying
to me if for some capricious motive some
executive department refused to grant
a clearance, the question would arise,
would that put that individual out of
- commission?
Mr. CRANSTON: Yes.
Mr. PASTORE. The answer is no. The
answer is it is up to the committee to
make the determination. ?
? Mr. CRANSTON. That is fine. I thank
the Senator.
Mr. PASTORE. OK. Does any other
Senator wish to speak before we vote?
Mr. BAKER. Mr. President, I am
happy to have this opportunity to express
my support for Senate Resolution 21,
legislation establishing a Senate Select
Committee on Intelligence Oversight.
As an original cosponsor of the resolu-
tion, offered by Senators MANSPIMLD and
IVIArims, and as a, strong supporter of
this legislation offered by Senator Pas-
TORE, I believe this resolution to set in
motion a responsible study of the intelli-
gence activities carried out by or for the
United States is of tremendous impor-
tance.
In supporting the creation of a select
committee, as in sponsoring legislation
to establish a permanent Joint Commit-
tee on Intelligence Oversight, let me em-
phasize that it is not my intention to
criticize the distinguished chairmen of
the Armed Services Committee or the Ap-
maintained without enclar.gering the
propriations Committee, or the ranking rights of our citizens.
Mr. President, I shall not detain the -
minority members of those committees.
They have done an admirable job in Senate long. Everything has been said
carrying out the diverse duties and re- which should be said, I believe. I am
sponsibilities of leadership on those corn- pleased and I am gratified and enthusi-
- mittees. In my view, however, the far- astic about the action that I believe the
reaching operations of the some 60 Gov- Senate is about to take: I think that it
eminent agencies which conduct an in- signifies diligence and sensitivity and the
telliger.ce or law enforcement function recognition of a necessary national pw:-
demand the careful scrutiny of a select Pose. It speaks well of the 'viability of
t
committee created for that purpose and this group as a great deliberative body
charged with that responsibility, in support of the executive branch of
Some have argued that Congress can- Government.
not be trusted to participate in the crit-
I have no quarrel with the CIA. I cer-
e 2000/09/03 : CIA-RDP83600823R0.00700040047-6
then, that ample precedent exists for
congressional participa.tion 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 he privy to those re-
quirements and the pertinent informa-
tion. required to make a balancing judg-
ment..
The outcome of the select committee
inquiry, obviously, cannot be foreseen.
I pledge my personal efforts, just as I
know the other members of the select
committee will dedicate their efforts, to
seeing that our job is done thoroughly
and that we follow the fade 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 handeciley as.
possible.
It is not my intention to carry out a
vendetta ageinst the Central Intelligence
agency, or against any established intel-
ligence agency of our Government. I be-
lieve that the CIA., the FBI, an.c1 other
agencies are necessary to the security- of
our national institutions when they per-
form their proper functions.
Serious allegations have been made,
? however, and it is the responsibility of the
Congress to weigh the charges, find the
facts, and determine what remedial ac-
tion, if any, is necessary to make sure
? that. an effective intelligence program is
?
. ,
January Ap prow d For Reteaser21/10046401313P8SIN/01323R00070004004M S 977.
I pledge, as well, that the Public's right Mr. ii.A.TPECLD Mr: President, will the
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 Intel-
ligeriee or law enforcement responsibility.
There are 16 agencies of the Government
conducting intelligence operations other
than the CIA and the DIA, Defense In-
telligence Agency, and the PHI, which
have a combined budget of over a billion
dollars a year. The intelligence of the
Federal Government is an enormous
business. ?
I became concerned about this matter
in the course of Watergate. The stories
which have appeared in the press and
been related by others to me since that
time have done nothing to ,allay that
concern It is important, I believe; that
we have a thoroughgoing investigation to
determine whether or not the agencies
Involved in the intelligence activities of
the Government are 'complying with the
requirements of the law.
?. But maybe?just maybe Mr. Presi-
dent?there is one other thing that we
need to do to reassure not only Congress'
but the people of this country, and that
is to make sure that the intelligencecom-
munity 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.
Preeident, 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 FBL
I wan t. 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 that we will be careful to
preserve our legitimate intelligence in-
to know is second only to national sur-
vivol, 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 had a President who has completed
his term, in a sense, since President El-
senhcrwer. These are turbulent times
when we have set about the business of
investigating ourselves tothe point where
sometimes I think we are devouring our
public officials, ouz: 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
political cannibalism, but because it has
to be done. .
I believe, Mr. President, that it will be
done, and done effectively. , ?
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? -
Mr. 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. All 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 committee (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?
I 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 me the
minority will get adequate stafflng?
Mr. PASTORE. It will be up to the
committee itself. I will not have any au-
thorit3r 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-
take it.
Mr. TOWER. I thank my friend from
terests. ? Rhode Island. ? Judicioxy of the U.S. Senate as It might
Approved For Release 2000/09/03 : CIA-RDP83B00823R000700040047-6
Senator yield?
Mr. PASTORE. I yield to the Senator.
Mr. HATrIkaAD. Mr. President, I send
an amendment to the desk and as 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:
Ssc. 7. As a condition for employment as
described In Section 3 of this Resolution,
each person shall agree not to accept any
honorarium, royalty or other payment for a
speaking engagement, magazine article, book,
or other endeavor connected with the investi-
gation and study undertaken by this Com-
mittee. _
Mr. PASTORE. I will accept this
amendment, Mr. President.
The PRESIDING DieruCER. The ques-
tion is on agreeing to the amendment of
the Senator from Oregon.
The amendment was agreed to.
HA-fin:MD Mr. President, I send
up another amendment for the purpose
of colloquy. -
- The PRESIDING OPT ICER. 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 Subcommittee of the Congress." . -
On Page 5, line 13, insert alter the word-.
"agencies" the following: "or any Commit-
tees or Subcommittees of the Congress"
Mr. 11..4TV-b.r.1). 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-- -
cerns me so greatly. ?
As a member o the Rules Commit- -
tee, I am aware that we have brought
before in the requests from varibus com-
mittees and subcommittees in. the 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 ?
files, 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
the activities of the Internal Security
Subcommittee of the Committee on the
S 978 . CONGR.ESS ikEE4PIPALBSRgig000000.00474 1975 -
? . Approved For Release 2000/09/8.ip -
relate to surveillance activities or gather- "(en evlieteer new legtslatIon or an The PRES/DarG. OFFICER, The
ing of intelligence.
aroeneineet to say ex:earls legislation should ., .aendrnent is withdrawn.
Mr. PASTORE. Well, I mean, if they 'bete': Inteu.hetsca orar eutance actirities of Mr. CRANSTON. Mr. President, will
%teen the national seeu-
so determine. I do not see how that is the' bzated --st ... the Senator yield? I would like to ask
apt to happen. The House already dis-one question of the Senator from Texas
banded that committee. I hope we do it Mn BARTLETT. Mr. President, the regarding his amendment.
here in the Senate, as well. But this is amendment adds to section 2, beginni.ng / assume that it was not his intention
a far-reaching authority. on page 3, one more paragraph. to insure that the amendment would be used to
If they so choose to do it. I would say that the Senate further expressly auths deny a member of the select committee
that they could, but I would not want to orizes and daeects the select committee to staff of the knowledge of the existence
amend the present resolution as it now make a complete investigation wi th re- of a classification. designation or a closet-
stealth. spect to the foor tions. It addsll the
matters, or ques- fled program. I ask that in light of the
Mr. HATFIELD. Would the Senate question of whether fact that many documents and pr
have any objections to the latitude and there needs to be any bill introduced or
granas bear a classification that is actu-
scope of this committee being interpreted any amendment to strengthen the na- ally higher than the secret Which, itself,
to include some review or investigation tonal security, intelligence or surveil- is
of activities of the Internal Security Sub- lance acticiassitied.
vities 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 R,hode
data? Island I from California I believe we have alreadyknows, that section 4 on page 10
to the committee to determine what kind.
Mr. PASTORE. Well. if they have done of the bill authorizes the select commit-
an.swered that question. It would be up
things as bad as the CIA or PBL if it is tee to recommend the enertment of any
ould be ce is required. That will be an
so determined, I do not see Why any new legislation or the amendment of any
of cies
Senate committee should be immune. exieting statute which it considers neces-
internal housekeeping -matter for the
e. gu sh
I mean, we have got to treat ourselves sary for these purpOses. committe But the idelines- laid down. I believe the 'committee would
as we expect to treat everybody else. But I want to be assured that the ques-
Mr. HATF.....LD. Mr. President, I am tion will be answered by the committee, want to be protected. r mentioned as a
worst case theory awhile ago that per-
very happy to hear the Senator say this, and to know that in case there was no
intelligence-gatherire
because it svould seem to me if we are forthcoming legislation that there would haps a foreign
absence of any et
basically concerned about the abridge- be a definite and definitive anstver as to ceaeniestion, in the
tellieen.ce clearing on our part, cous
meat of civil rights of our citizens whether this question had been reviewed , e
- inse rt one of its people-into our commit
through the action of gathering 4ntel- and answered by the committee in is
. e staff and actually penetrate the cora-
ligence, and so forth, of executive agen- reccanmendati0n. te
cies, we should be doubly concerned Mr. PASTORE. I would suppose so, mittee. That would be of considerable
. about the procedures used by one of our otherwise this whole investigation would embarrassment to the committee mem-
' own subcoramittees of the 1.1.S. Senate. be a nullity. bee under whose sponsorship that per-
son was. I think we should have that
1, for one, am not satisfied with the In other words, ff nothing was found __it ts
answers I received from the chief clerk and nothing was wrong, and naturally, P'ut'ey'"vu--
C
of that subcommittee as he appeared of course, they had given a. bill of en-
In addition to that fact, the ountry
before our Rules Committee. ? dorsement, we would have to change should have that protection. I believe we
I would like to think it is understoed nothing by legislation. have a public responsibility to make sure
that the resolution certainly carries with On die other hand, if certain authority that the people that p
we ut in these sta.ff.
it euough authority for that committee was exceeded or the agencies went be- positions are going to be people whoa
. sense a, ion and loyalty are be
, Ar,- tins resolution to look into these yond the parameters of the present char-
ter end got us mixed up in Laos, got us Yond question.
mixed up in Chile, got us mixed up Mr. CRANSTON. I admire the Ser.
Cambodia and other parts of the world, ator's efforts to cut off such danger -
where they had no authority without Since there is no law that gives the Ex:-
the consent of Congress, in that particu- utive the power of clearance or derive ,
Jar case, the committee would come back clearance, since that is done by Eese.
and make a recommendation, if they tive order, whatever rules the corn-mi;
would find it necessary to do so. - writes will govern what happens in'
I would hope, without encu.mberin.g area. .
this with duplicate language, that we Mr. TOWER. This is correct. It is t
would understand that these are legtsla- committee's baby.
tive words of art when it says the select m
t r. CRANSTON. I thank the Senate:
committee shall have authority to reconie Mr. PASTORE. Well, let us see if ix
mend the enactment of any new legis- cannot put the baby to sleep. L sugges
beton. They have the authority. I would the absence of a quorum.
hope that they would exercise it. Mr. TOWER. Will the Senator with
Mr. BARTLETT. Will the Senator
yield? hold that for a minute and yield to me
Mr. PASTORE. I yield.
Mr. PASTORE. What the Senator
wants to do is to say that they have to Mr. TOWER. Mr. President, in the Fri
make. a recommendation one way or the day, January 24, issue of the AriZOne R
public William P. Maloney, Jr.. a form
?
? activities of the Internal Security Sub-
committee, if someone brings that issue
up before the conunitt.ee. .
Mr. PASTORE.. Or any other cam-
- ra. ittee. ?
Mr. HATFIELD. Or any other com-
mittee, but. this one committee is already
involved. .
Mr. PASTORE. But that is not the
thrust, I want to make it clear, not the
thrust of this resolution, but it would be
encompassed in it because it is broad in
scope.
Mr. HATFIELD. I understand, but I
. would not want to exclude one of our
own subcommittees, if we are so anxious
to ir.vestigate the executive agency. That
is why I am raising the question. Con-
gress should look at its own intelligence
gathering and file keeping also.
, Mr. PASTORE. That is right.
. draw my amendment. Mr. BARTLETT. I am saying. if I may ambassador to Ghana and a good Derr
ocrat who insists that CIA regulation
. Mr. HATFIELD. Mr. President, I with- other.
The PR ESMING OFFICER. The say to the Senator from Rhode Island,
amendment is withdraw. ? that they shall make a determination of long overdue, he states that: .
Mr. BARTLETT. Mr. President, will whether or not there is leeisla nen needed In. the approaching investigations. It is in.
the Senator from Rhode island yield to to strengthen the national security, in- portant; to keep two things in mind: That
competent inteuigence branch Ls e-ser.ti
me 2 minutes? . telligce or surveillance activitis, that
Mr. PASTORE. I yield 2 minutes to they shall make that determinetiom Is ta our se..rvical and that the CIA. with all i
he Senator '" -
the Senator arisuring me that they will ' : - "
. , faults Ls one or the be if not the. very hes
ITlake -,
orctanizstions of its kind around. So let
t. that deterrnin lion in declding Mr Presiden I cll he
na ti...:-ow the baby out with the ba.th.
enr. BARTLETT. . t, e
- wther o r not they will avail themselv,r-s -
uD my amendment. of the authority of section 4?
n t,;:d
I ask unanimous consent that his lett
Ties PRESIDING OFFICER. The Mr. PASTOF.tE. I would hop so. I i he AriZ0113. Republic be priatat t
point
stathd. would hope so: in ti-i!. RECORD.
legislative clerk read as follows: Mr. BARTLF,IT. With that assurance e
Ther being no objection, the lett
aMencirrient will be
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0823R000700040047-6
,cian...itaryi193.1?rfbricl For Relemiggi/A/V ka6E911ER9O1823R000700040047-6
CIA REGULATION LONG 0 VIIRDIT3
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 awl the Cult of Intelligence" by Mar-
chetti & Marks, the accuracy of which Is
generally recognized, makes a compelling
case in this regard.
There is enough blame to taint all in-
volved, not only the agency itself but recent -
administrations and especially a pliant and
gullible Congress. Additionally, the agency
operates under a vague grant of powers
which fails to define what is "domestic" and
what is "forelg,n," let alone providing guid-
ance for what falls in either category when
it Involves legitimate intelligence operations.
But in the approaching investigations, it
IS important to keep two things in mind:
that a competent intelligence branch is es-
sential to our survival, and that the CIA,
with all of its faults, Is one of the best, if
not- the very best, organizations of its kind
aroun.d.
So, let's not throw the baby out with the
bath. Hopefully, in-the coining months both
our domestic freedom as well as the struc-
ture and role of this excellent organization
will be strengthened..
Mr. SCIIWLIC=. Mr. President, I
would like to commend the distinguished
majority and minority leaders for their
decisive action in Moving to establish a
select Senate committee to investigate
the'regent charges involving various or-
ganizations within the U.S. intelligence
community. I had introduced my own
legislation in this area, Senate Resolu-
tion 6, cosponsored by my colleague from
Wisconsin (Mr. ?Peoeneree), 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-
mittee, both in the House and here in the
Senate, and that experience convinced
me of the necessity for an effective in-
telligence oreartization.
But second, and equally important, it
is the responsibility of the Congress to
define legitimate intelligence activities,
and to establish guidelines which the ex-
ecutive branch must follow in conduct-
ing intelligence activities?and then to
see that these guidelines are enforced.
The intelligence community, like every
other sector of our free society, must
be subject to the rule of law?and in
fact, because of the unique nature of
intelligence activities, it is fundamental
to the integrity of our free institutions
that the intelligence community respect
the rule of law.
Unfortunately, the Congress has not
been as vigilant in this area as it should
have been. Despite nearly 200 legisla-
tive proposals, .no major legislation re-
garding our intelligence community has
been passed since 1949, when the original broadly based intelligence oversight question of how we can balance vital
CIA charter was amendediefn ten inter- committees for the Ceneeea_a nati3aal security needs (544 tke public's
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veiling years, the statutory authority of
the CIA has apparently been modified
and expanded by a series of secret ad-
ministrative actions. Executive orders,
and National Security Council actions.
Az a result, the CIA now has a "secret
charter which may be vastly different
from the original statute passed by Con-
gress?and even those Members of Con-
gress with oversight responsibilities for
CIA cannot say with confidence what
La in the secret charter. I hope the select
committee will 3.00113 a. major inquiry in
?
this area, and will untangle the various
provisions of the secret charter and in-
sure that--our basic intelligence author-
ity is embodied in a new. statute, passed
by Congress; rather than in a. series of
secret documents. In a free society, the
entire concept of a "secret charter" he an
intolerable contradiction in terms. and
must not be permitted.
Third, there are numerous indications
that the intelligence community?and
particularly the CIA?has expanded its
functions into nonintelligence areas,
creating a. shadow government, dupli-
cating and even superseding the activi-
ties of other Government agencies. I re-
cently disclosed an unclassified, CIA con-
tract proposal, asking American firms to
conduct industrial espionage against our
NATO allies and others, to determine
their future plans in the area of ground
transportation. Certainly we have a legi-
timate Government interest in this area,
but it should be pursued openly, by the
Department of Tr-Lrportation or Com-
merce, rather than covertly by the CIA.
And in response to my .disclosure, our
N.A.TO allies said they .would be happy
to share information of this nature with
our Government arid in fact, are now
doing so, thus elieninationg any need for
CIA activity. I hope the select commit-
tee will explore intelligence community
activities in this area, to determine to
what . extent a shadow government
has in fact been created, pursuing nor-
mal Government functions in secret,
simply to avoid congressional oversight'
and accountability.
Finally, I think it should be empha-
sized that the CIA represents only about
15 percent of the entire U.S. intelligence
effort. Recently, this has been the most
visible 15 percent, in view of press dis-
closures, but isertalenly no responsible
congressional evaluation in this area can
take place without inquiry into all facets
of the U.S. intelligence community. My
bill specifically authorized inquiry into
all U.S. intelligence agencies, and I would
hope the select cornnittee bill adopted
today will have similar broad authority.
Mr. MUSKIE. Mr. President, the reso-
lution before the Senate is the product
of long and thoughtful concern over the
role of intelligence agencies in a demo-
cratic society. Nearly 20 years ago, the
distinguished majority leader urged the
Senate to adopt a related measure to
exercise its responsibility for the activi-
ties of our Nation's intelligence com-
munity.
Since the adoption of the National Se-
curity Act, there have been mm-a than
200 attemnts to establish se.na.rate and
S 97g
Today, with the leadership of the dis-
tinguished senior Senator from Rhode
Island and the esteemed majority leader.
and the many other Members of this
body who have labored for this change,
we can take a vitally significant step by -
the creation of a. Senate Select Commit-
tee to Study Government Operations
with Respect to Intelligence Activities.
This select committee is similar in
many respects to a proposal offered by
Senators MANSFIELD and lideennia which
was referred to the Committee on Gov- .
eminent Operations. The Subcommittee
on Intergovernmental Relations, which I
chair, held hearings on December 9 and
10 on that and other proposals to
strengthen congressional oversight of ine
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 cone-
mittee study what has gone before us and -
to measure past activities of our intelli-
gence agencies against. the laws_ which ?
authorized them. .
For many years now we. have been
given constant assurances by the Central
Intelligence Agency and, other intelli-
gence agencies that they have been-
forthcoming to the Comems through the
. appropriate channels such. as the present
oversight- committees. Unfortunately,
events of the past few years, and more _ .
particularly of the past few weeks, ap-
pear to suggest that. there is an instinct
on the part of these a,geur.les to withhold .
information from the Congress to protect .
themselves. ?
In the past, proposals -from the Con-
gress, from scholars and from Presiden-
tial task forces have been met with little ?
more than indifference. Certainly public
opinion and opinion in the Congress have
changed. ?
In recent years we have seen alarming
evidence that the FBI has spied on Con-
greeamen and on domestic political .
oups. The President has acknowledged -
that the CIA mistakenly became involved .
in domestic surveillance. We have had -
evidence of military agents spying . on
civilians on behalf of an agency created
by Department of Defense directive. The
list goes on. .
The creation of a select committee to
explore these allegations and activities
as well as the Oversell activities and re- ?
sponsibilities of the entire intelligence
coin:nanny represents an objective re-
sponse by the Senate to di Fecule and
complex circumstances. It is not a call
for a witch hunt. It is an assumption of
This is an undertaking of the greatest
importance. It is one which has the
strong support of most of the Members
of this body.
It is essential that this select commit-
tee 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
-
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S 9S0
right to know what its Government is
doing and why. ?
If the events of the past 2 years are to.
provide the momentum to help fashion
any changes in the ray we conduct our
Government, they should at the very
least underscore the necessity for public
accountability?in this case, account-
ability to the Congress for the proper
and judicious administration of intelli-
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 Watergete
? 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-
lic confidence in the integrity and quality
?a our intelligence agencies. -
In the December hearings before the
Intergovernmental Relations Subcom-
mittee, Senator BAKER testified that as a
member of the Senate Select Committee
on Presidential Campaign Activities he
was told at one point in his investigation
that the CIA would supply no further In-
formation to the Watergate committee
but instead would 'supply all of the in-
formation to their regular oversight
committees_ Senator BAKER went on to
say:
? That effectively.ended the Watergate Com-
mittee's inquiry into CIA involvement.
results Witness the
leged 'misconduct by the CIA. and the of adverse publicity .
FBI. Legislation wae offered to establish Bay of Pigs fiasco and the toppling of
a Watergate-like select committee to the Allende government in Chile. While
thorceighly examine these allegations I do not dispute the need for secrecy in
their overseas intelligence operations, I
would be interested to know if the CIA
operates solely under the direction of the
National Security- Council and/or the
President. 'Correspondingly, have the
members of the current congressional ? ?
subcommittees on intelligence oversight .
more often than not simply been pre- ?
sented with a fait accompli rather than
consulted during . the initial decision-
making process? I do not think this is at
all clear and it should be.
. - I have indicated my support for a
permanent Joint Congressional Commit-
tee on Intelligence Oversight which
should, in theory, enjoy a more compre-
hensive oversight capability .than has
been the case with the current subcom-
mittees in the House and Senate. Given
-that reality, however, exactly what will
that oversight capabhity include? And,
more importantly, given the congres-
sional track record on sensitive informa-
tion leaks, can the security of intelligence
information imparted to the oversight
committee be guaranteed? These are very
serious questions in ray mind and I hope
that, the select committee will include ?
them in its inquiry_
- . Mr. President, I believe that the need.
for the creation of a select committee to
- investigate the Federal intelligence com-
munity has been amply documented. I
strongly endorse- its enactment.
Mr. GOLDWATER. Mr. President, I
rise in ? support of Senate Resolution 21
. creating a Select Committee to Investi-
gate Intelligence Activities.
At the outset, I want to state that the
intelligence community has served the
Nation loyally and ably. Moreover, I
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
MANSFIELD and Senator PASTORS on 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 informa- about and I am disturbed' by it. A de- w?PrkrOduction of useful intelligence to
tion which in any way affects or relates mocracy is founded on the principle that, guide the Nation's policy makers in rank-
to
- 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 incum- While agent operations are important
e . . it should be made Clear that this bent upon the Congress to act quickly to the Nation, they constitute a very
committee will only be able to perform its. to insure that this unwarranted intru- small proportion of the total intelligence
function effectively il 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 not recur. The re- glamorized in novels and movies_ Most
mittees 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 pur- 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 na- "The extent and necessity of overt and production of intelligence requires the
tion.a.1 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 erations within the United States, par-Bond. ?
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 vailing? 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 ac-
ises to bring forth fruitful and construc- activities. tivities through the existing committees
tive change. ? Up to this time, the Congress has gen- and subcommittees that have responsi7
Mr. PAr1CWOOD. Mr. President, early erally had very little knowledge of CIA bilities for intelligence.
In supporting Senate Resolution 21,
last week the Senate determined to take operations in a foreign country unless
an activArryp ItyVeci.rptverz?
Rtfleie 2titaliiiticit YdilAfkbittTheobiS
,. iircitot6776i4664.r7t-het in no way ;
and determine their validity. We are go-
ing to vote on that legislation this after-
noon and I intend to support it.
In addition to the CIA and the FBI,
the select committee will also review the
activities of the other Federal intelli-
gence gathering agencies, including the
National Security Council and the De-
fense Intelligence Agency. However, the
main focus will be on the heretofore
largely unknown activities of the Cen-
tral Intelligence Agency and the Federal _
Bureau of Investigation.
For the last 2 months, the newspapers _
have been replete with stories of CIA
involvement in Watergate-related in-
trigue in violation of the CIA's legisla-
tive mandate to restrict all intelligence
gathering activities to foreign countries.
Further, we have been informed that the
FBI was actively and illegally wiretap-
ping civil rights leaders and other poli-
ticians at the 1964 Democratic Conven-
tion. Who, Mr. President, sanctioned
these wiretaps? Who suggested to the
CIA that they assist E. Howard Hunt
with his masquerade for the purpose of
clandestinely breaking into the office of
Daniel Ellsberg's psychiatrist?a pat-
ently illegal act? Who put together the
Huston plan to infiltrate dissident
groups for the purpose of gathering in-
formation on them? These are questions
that need to be answered and I trust that
in the course of the select committee's
investigation they will be.
Mr. President; the collection and cata-
loging of information on individuals?
without their knowledge or consent?has
always been abhorrent to the American
people. It is, at a minimum, a violation of
. jaleua
pipy9f15F or Re I eteraggEni Wegg83A99nR000700040047--6
S 981
do I agree to the criticign that has been
made concerning oar existing commit-
tees. I know that our colleagues on these
committees have done their utmost to
carry out the trust of the Senate.
Because the attacks on the intelligence
community persist, and because part of
that attack is directed to the existing
committees, I am supporting Senate Res-
olution 21 as a way to clear the air and
set the record.
When the distinguished senior Sena-
tor from Arkansas was chairman of the
Permanent Investigations Subcommittee,
I believe he established the procedure of
having closed hearings before open hear-
ings held. If I remember correctly,
the distinguished Senator from Arkansas
: established this procedure to protect both
? his subcommittee .and witnesses from
unnecessary embarrassment.
It is my hope that the Senate select
committee will proceed in a careful and
deliberate manner. I believe the com-
mittee's work, at least initially, should be
In camera.
Most of the Senators and staff, who
are going to serve on the committee, are
not thoroughly feznilicke with the orga-
nization and functions of the intelli-
gence community. Before any decision
on open hearings is made, I would hope
the members and staff would have ample
opportunity to do some homework.
The Senators and Staff who serve . on
? the select committee are going to have
knowledge of a lot of matters which, if.
? 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 coin-
? raittee to hold its meetings in camera:
The basic American ides of protecting
professional and personal reputations
unless unlawful or unethical acts are in-
volved.
Although Senate Resolution 21 does
not specincally 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 19=7 needs revision.
Second. to determine whether or not
there have been illegal activities within
the intelligence community.
If there have been illegal activities,
then I believe the committee must de-
termine v-hether these illegal activities
constitute a pattern or are merely aber-
rations. ?
Sometimes what may appear to be an
illegal acti city may turn out to be some-
thing Quite different.
Ultimately, the select coniznittee will
make its ndings and recommendations
known to the Senate. It would be a trag-
edy for the Nation should this document
reflect anything but the best of the Sen-
ate.
. If surgery is required, let it be Per-
formed only after the most careful diag-
nosis. And, if there is surgery, let us use
a very sharp scalpel?not a meat zoo -
Mr. DomENIcr... 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 overJig/at responsibility, the ques-
tion becomes: Is the creation of a-select
committee to investigate our intelligence
operations, with all its extensive press
coverage and certain leaks, the wisest
method to explore and correct past
wrongs and prevent future abuses? ?I
have grave doubts.
There are many possible alternatives
to such a suggested select committee.
One alternative that comes immediately
to mind is the creation of a permanent
joint committee to oversee intelligence
gathering by our Nation's agencies. Such
an alternative has been offered in the
form of S. 327, which I have cosponsored
and intend to support.
However, the realities of our current
situation dictate my reluctant support
of Senate 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 mirpose. We must be on
our guard that such legislation with a
commendable purpose is not allowed,
through error or excess, to undermine
our country's security.
Mr. PACKWOOD. Mr. President, yes-
terday's Washington Post included an
editorial by Walter Pincus entitled
"'Spies' and Presidents." In speaking of
the investigation before a select commit-
tee to study the Federal intelligence
community, Mr. Pincus declares that:
No select Senate committee?not even a
joint congressional committee?will per. to
the bottom of the U.S. intelligence commu-
nity's problems without the full and active
support of President Ford and his stag." This
Is because, he goes on to say, "The inquiry
Into intelligen:te activitie3 must inevitably
find out what past President.s authorized 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
colleagues. Mr. President, I ask unani-
mous consent that the text of Mr. Pin-
cus' editorial be printed at this point in
the Rscoan.
There being no objection, the editorial
was ordered to, be printed in the Rscose,
.as follows:
"Spas- AND PRESTDENTS
' (By Walter Pincus)
No select Rene te comenittee--not even a
joint COrigreaaioaal committee?will gat to
the bottom of the US. intelligence come
munity's problems without the full and ac-
tive support of President Ford and his staff..
The reason is simple: such an inquiry must
, Inevitably end up trying to find out what past
Presidents and their staffs authorized these
agencies to do; what formal groupa, such as
the 49 Committee, approved.; and what steps,
if any, the White House ever took to stop -
abuses of authority or projects t?laa4 were
iL-
legal on their face.
Current newspaper allegations about the
Central Intelligence Agencre domestic sty.
tinties and the CIA partial confirmation plus -
admission that the Federal Bureau of Inves-
tigation has colle.cted. Slee on members of
Congress illustrate the point.
Former CIA Director Rard Helms tied
the start of that. agency's domestic activities
In the late 1.9600 to "the express concern of
the President" (Lyndon Johnson), although
he did not 'detail how this "concern" was ?
transmitted.to him. The present CIA Direc-
tor, William Colby, told a Senate subcom-
mittee-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, Colby
went on, the executive director of the Presi-
dent's National Advisory commission on
Civil Disorder asked how the CIA might assize
that Inquiry..
In setting up the comenissicre, President
Johnson's executive order had called upon all
government agencies to cooperate. Colby -
never stated, in his preoared text, why or
under what authority Helens had established
the unit prior to receipt of the commission's
request for assistance. Colby did acid, how-
ever, that later the same year "the CIA ac---
tirity became part of AD interagency program.
In support of the national commission (on _-
disorder), among others."
What that proara was and who the "oth-
ers" were who received its output were not
spelled cut. The only known group estab-
lished at that time was one intended to work
out a plan for handling disorders in Wash-
ington. Former participants on that Inter-
agency panel from the Pentagon and Justice
Department don't remember CIA having been
a party. Colby's later dtsciosure--that at this
time the agency's Office of Seerwity "inserted
10 agents into dissident organization's operat-
ing in the Washington, D.C. area. . to
gather information relating to plans for
demonstrations . . that might endanger
CIA personnel. facilltie.s and information"?
parallels what this interagency group did.
'Whatever the facts were, only information '
from the White House tracing establishment
of such a group could shed light on hevr the -
CIA. became a participant.
In. 1969, the CIA was asked by tha White
House to undertako surTeillo.ace of the Presi-
dent's brother, Donald Nixon, who, accord-
ing to documents from the FIouze impeach-
ment inouiry, was moving to Las Vegas where .
it. was feared he "would come into contact
with criminal elements." The agency refused,
but the Secret Ser-iice 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 raque,:ts.
Only the White House can disclose what role
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S 982 CONGRESSIONAL RECORD ? SENATE . anuary 7,1975
the CIA has been asked to play under that
? law. ?
In 1070 and 1971, White House aides asked
CIA to participate in what was known as the
Huston. domestic intelligence plan and to
proride assistance to a former agency official,
F.. Howard Hunt, who at the time worked for
the President. Again, the question must be
raised as to what White House authorization
the cogency was given to undertake the re-
quested activities. Hunt's aid was cut off
only when, in. the words of the man. who was
then chief assistant to the deputy director,
it appeared the agency was becoming involved
In a "domestic clandestine operation."
In :971 and 1972, according to Colby, the
CIA undertook physical surveillances of five
Americans including, apparently, newsman
Jack Anderson, "to identify the sources of
(neirs) leaks." This appears to complement
the so-called "national security" wiretaps
conducted by the FBI at the direction of the
Nixon White House from 1969 to 1971. Again,?
the agency and the White House must make
clear the authority under which the CIA
conducted such operations.
In March 1974, Colby "terminated the do-
mestic intelligence collection program (be-
gun 7 years earlier) and issued specific guide-
lines that any collection of counterintelli-
gence information on Americans would only
take place abroad and would be initiated only'
La response to requests from the FBI. . . ."
Was this at White Hansa direction? And if
not, could a future President reverse such a
policy? ?
The FBI situation is slightly different.
There is no information as to how or why
former FBI Director J. Edgar Hoover began
collecting, politically-tantalizing me.terlal
? 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 NiZOn chief of staff,
H. R. Haldeman. No objection or order to
stop ever came back from the Oval Office. ?
One other presidential role in these areas
needs exploration. Were agency directors
de-ed by the White House to cover up
, certain activities when called before con-
gressional coaronittees? Former CIA Director
:Helms, for example, when questioned by the
Senate Foreign Relations Committee in
February 1973, was asked directly about CIA
participation in a White House plan in 1969
or iaeo to coordinate domestic intelligence
activities. Helms said he could not recall?
though he anew full well of his activities in ?
1973 Huston plan discussions. Last week he
told senators he misunderstood the question.
At a May 1973 hearing. Helms told senators
he bad no idea that Hunt prior to public
mention of the Ellaberg break in; "was going
to be involved In any domestic activity."
Of course, he did?that was why aid to Hunt
s'-opped. Former President Nixon and his
aides kept a close watch over any congres-
sional testimony that could implicate them
or their assistants in Watergate. Was Helms
told to mislead?
If current congressional efforts to harness
the intelligence community .break up as a
ra,.11t, of lack of White House cooperation,
addl7lonal allegations of past wrongdoings
are bound to be made because the climate
.both Inside and outside the secret security
services has changed. Strong internal agency
lcadnnhip has gone. And on Capitol Hill, the
.s:.e._unc.h defenders of intelligence ac-
are either gone or powerless.
Fc.?:- those Interested in protecting the legit-
1-r.e.!_e- functions of the intelligence commu-
nity. the future looks grim?indeed black if
the Ford AVnatte_1..louse jails to .5ke that far
more is lik-M-OlVea befvRelease
commission studying a very narrow set of
Mr. PASTORE. Mr. President, I sug-
gest the absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The second assistant legislative clerk
proceeded to call the roll.
Mr. lelANSieeal.D. Mr. President, I ask
unanimous consent that the order for the
' quorum call be rescinded.
The PRESIDING OierICER. Without
objection, it is so ordered.
Mr. MANSFIELD. Mr. President, will
the Senator yield for 2 minutes?
Mr. PASTORE. I yield.
JOINT REFERRAL OF CERTAIN
COMMUNICATIONS
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that a communica-
tion from the Federal Energy Adminis-
tration transmitting a study under Pub-
lic Law 93-391, be referred jointly to the
Committees on Interior and Insular Af-
fairs, Public Works, Commerce and Fi-
nance, and that a second communication
received this day from the Council on En-
vironmental Quality on Laud Use, pre-
pared as a part of its annual report, be
referred jointly to the Committees- on
Interior and Insular Affairs, Public
Works, Commerce,. Agriculture and For-
estry.
The PRESIDING OleeICER. Without
objection, it is so ordered.
?
AUTHORIZATION FOR COMMITTEE
? ON COMMERCE TO FILE REPORTS
UNTIL MIDNIGHT TONIGHT
Mr. IVIANSreaLD. Mr. President, I ask
unanimous consent that the Committee
on Commerce be authorized- to file re-
ports until midnight tonight.
The PRESIDING Oiee'LCER. Without
objection, it is so ordered.
unanimous consent that the order for the '
quorum be rescinded.
The PRESIDING OFFICER.. Without
objection, it is so ordered.
Pursuant. to the previous order, the
Senate will now proceed to vote ort the
resolution, as amended. On this question
the yeas and nays have been ordered, and -
clerk will call the roll.
The assistant legislative clerk called
the roll.
Mr. YOUNG (after having voted Mahe
negative) . On this vote I have a pair with
the junior Senator from Washington
(Mr. JeciesoN). If he were present, he
would vote "Yea." If I were permitted to
vote, I would vote- "Nay." I therefore
withdraw my vote.
Mr. GRIFFIN (after having voted in
the affirmative) . On this vote I have a
pair with the Senator from Ohio (Mr.
Terr). 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: I announce
that the Senator from Washington (Mr.
Jecitsoer), the Senator from Rhode Island
(Mr. Pete), the Senator from California
(Mr. TtrarNEY), and the Senator from
Incliera (Mr. HARTICE) are necessarily
absent. -
I further announce that the Senator -
from Kentuclee (Mr. HonearseoN) , and
the Senator from Hawaii (Mr. INOTIY.S)
are absent on official business.
I further announce that, if present and
voting, the Senator from Rhode Island
(Mr. PELL), and the Senator from Cali-
fornia (Mr. Tre.nea-r) would each vote
"yea." ?
Mr. GRIFFIN. I announce that the
Senator from New York (Mr. JAvrrs) is
QUORUM CALL
Mr. MANSFIELD. Mr. President, I
suggest the absence of a quorum.
The PRESIDING OleeICM. The clerk
will call the roll.
The assistant legislative -clerk pro-
ceeded to call the roll.
Mr. PASTORE. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
SELECT COMMITTEE TO STUDY
GOVERNMENTAL INTELLIGENCE
ACTIVITIES
The Senate continued with the cone
sideration of the resolution (S. Res. 21)
to. establish a Select Committee of the
Senate to conduct an investigation and
study of governmental operations with
respect to intelligence activities.
Mr. PASTORE. Mr. President, I ask for
the yeas and nays on passage.
The yeas and nays were ordered.
Mr. PASTORE. Mr. President, I sug-
gest the absence of a quorum.
Tha PRESIDING OFFICER. The clerk
necessarily absent
I also announce that the Senator from
Maryland (Mr. Meemes), the Senator
from Idaho (Mr. McCerees). 8.nd the Sen-
ator from Vermont (Mr. Searroae) are
absent on official business.
I further announce that the Senator
from Ohio (Mr. TA.PT) is absent to attend
a funeral.
I further announce that, if present and
voting, the Senator from New York (Mr.
Jevrrs), and the Senator from Maryland
(Mr. Meeerrets) would each vote "yea.."
The result was announced?yeas 82,
nays 1, as follows:
[P.olicall Vote No. 1 Leg.)'
YEAS-82
Aboureak -
Alien.
Baker
Bartlett
Bayh
E
BeUnton
Bentsen.
Eiden
Brock
Brooke
Buckley
Burdick Hathaway
Bard. Hollings
Harry F., Jr. I-trust:a .
esyrd. Robert C. Humpheey '
Cannon Johnston
Case ? Kennedy
Chiles taxalt
Church Leahy
Clark . Long
Cranston Ma,milsbri
will call the roll. 'clever Manseeld
McClellan
cle.rk hro- CartiS -
4aVanhe6TA-RDP53800823551f)90700D D47-6sv
wvickers
Eastland -Metcalf
Fannin Mondale
? Fong Montoya
Ford Morgan
Gam Moss
Glenn - . 2.1uskle
Goldwater - Nelson
Gravel Nunn
Hansen ? Packwood
Hart, Gary W. Pastore
Hart, Philip A. Pearson
Haskell Percy
Hatfield Proxmire
Randolph
Ribicoff
Roth
Schwelker
Scott. Hugh
Sparkman
Stennis
Stevens
Stevenson
Stone
same Linton.
Tower
a
Mr. MANSFIELD. Mr. President, I ask Eanteton ? McIntyre
?
Approved For Release 2000/09/0-3: CIA-RDP83600823R000700040047-6
January 27,,1975 CONGRESSIONAL RECORD SENATE S 983
.NAYS-e4 ?
Helms Talmadge
Scott. Thurmoiad
William L.
PRESENT AND GIVING LIVE PAIRS, AS
PREVIOUSLY RECORDED-2
Young. against
Grin, for ?
NOT VOTING-11
Efartke Javits Stafford
Budctleston Mathias Taft
Inouye McClure Tunney
Jackson Pell
? So the -resolution (S. Res. 21) was
agreed to. as follows:
S. R. 21
Resolved, To establish a select committee
of the Senate to conduct an investigation
and study of governmental operations with
respect to intelligence activities and of the
extent, if any, to which illegal, improper; or
unethical activities were engaged in by any
agency of the Federal GOvernment or by any
persons, acting Individually or in combina-
tion with others, with respect-to any intel-
ligence activity carried out by or on behalf
? of the Federal Government; be it further
? Resolved, That (a) there is hereby estab-
lished a select committee of the Senate which
may be called, for convenience of expression,
the Select Committee To Study Governmen-
tal Operatton.s With Respect to Intelligence
Activities to conduct an investigation and
study of the extent, if any, to which illegal,
Improper, or unethical activities were en-
gaged in by any agency or by any persons,
Acting either individually or its combination
with others, in carrying out?any intelligence
. or surveillance activities by or on behalf of
any agency of 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 recommendations
of the msjority leader of the Senate, and five
minority members of the Senate to be ap-
p inted by the President of the Senate upon
? the recommendation of the minority leader
of the Senate. For the purposes of pare-
graph 6 of rule tia?XV 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 com-
mittee hal/ select a chairman and the minor-
ity members shall select a vice chairman and
the committee shall adopt rules and proce-
dures to govern its proceedings. The vice
chairman shall preside over meetings of the
select committee during the absence of the
chairman, and discharge such other respon-
sibilities as may be assigned to him by the
select committee or the chairman. Vacancies
in the membership of the select committee
shall not affect the authority of the remain-
ing members to execute the functions of the
select committee and shall be filled in the
same manner as original appointments to it
are made.
(d) A majority of the members of the se-
lect committee shall constitute a quorum for
the transaction of business, but the select
committee may affix- a lesser number as a
quorum for the purpose of taking testimony
or deposItions.
SEC. 2. The select committee is authorized
and directed to do everything necessary or
appropriate to make the investigations and
.Study specified in subsection (a) of the first
section. WIthout abridging in any way the
?autnority conferred upon the select corn-
' mitree by the preceding sentence, the Sen-
ate further expressly authorizes and directs
the select committee to make a complete
lnvestieation and study of the activities of
any aer,rv or of any and all persons or
,groups of perAppyceedevittyr Kowa
?
kind which have any tendency to reveal the covert intelligence activities in the United
full facts with respect to the following mat- States and abroad. .
ters or questions: (15) Such other related matters as the
( ) Whether the Central Intelligence committee deems necessary in order to carry
Agency has conducted an illegal domestic out its responsibilities under section (a).
Intelligence operation in the United States. SEC. 3. (a) To enable the select commit-
(2) The conduct of domestic intelligence te to k ta
study...gatlon and au-
or counterintelligence operations agaiest, thorized and directed by this resolution, the
United States citizens by the Federal Bureau Senate hereby empowers the select corn-
or Investigation or any other Federal agencea- mates as an agency of the Senate (1) to
(3) The origin and disposition of the so- employ and fix the compensation of such
called Huston Plan to apply United States in- clerical, Investigatory, legal, technical, and
telligence agency capabilities against Judi- ' other assistants. as it deems necessary or
viduals or organizations within the United appropriate, but it may not exceed the nor-
States. ?-mal Senate salary schedules; (2) to sit and
(4) The extent- to which the Federal Bu- act at any time or place during sessions, re-
reau of Investigation, .the Central Intelli- cesses, and adjournment periods of the Sem-
gence Agency, and other Federal law enforce-? ate; (3) to hold hearings for taking
merit or intelligence agencies coordinate their testimony on oath or to receive documentary
respective activities, any agreements which or physical evidence relating to the matters
govern that coordination, and the extent and questions it is authorized to investigate
to which a lack of coordination has contrib- or study; (4) to require by subpena or-
uted to activities or actions which are ille- otherwise the attendance as witnesses of
gal, improper, inefficient, unethical, or con- any persons who the select committee be- '
trary to the intent of Congress. Reyes have knowledge or information con-
(5) The extent to which the operation of ceming any of the matters or questions It
domestic intelligence or counterintelligence is authorized to investigate and 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- meat, 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 eminent, or any private person, firm, or cm'-
of the Congress. ?poration, to produce for its consideration or
(6) The past and ? present interpretation for use as evidence in its investigation and
by tae Director of Central Intelligence of the study any books, checks, -canceled checks,
responsibility to protect Intelligence sources ? correspondence, communications, document,
and methods as it relates to the provision in papers, physical evidence, records, record-
section 102(d) (3) of the National Security lags, tapes, or materials naating to any of
Act of 1947 (50 U.S.C. 403(d) (3)) that ". . the Matters or questions it is authorized to .
that 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 their custody or under
functions. . . ." ? ? their control; (6) to make to the Senate-
(?) Nature and extent of executive branch any recommendations - it .deeme appropriate
oversight of all United States intelligence in respect.to the willful failure or refusal
activities, of any person to answer questions or give
(3) The need for specific legislative an- testimony in his character as a witness chit-
thorny to govern the operations of any Intel- ? ing his appearance before it or in respect to
ligence agencies of the Federal Govern- the willful failure or refusal of any ofacer or
meat now existing without that explicit stet- employee of the executive branch of the
utory authority, including but not limited to United States Government or any person,
firm, or corporation to produce before the
agencies such as the Defense Intelligence
Agency and the National Security Agency. committee any books, checks, canceled
The nature and extent to which Federal checks, correspondence, communications,
agencies cooperate and exchange intelligence decument, financial records, papers, physical
information and the adequacy or 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
tion. testimony on oath anywhere within' the -
(9) The extent to which United States in-. United States or in any other country; (81
to procure the temporary or intermittent
telligence agencies, are governed by Executive
orders, rules, or regulations either published services of individual consultants, or orga-
or secret and the extent to which those Exec-
nizations thereof, in the setae manner and
utive orders, rules, or regulations interpret, under the same conditions as a standing-
expand, or are in conflict with specific legis-
committee of the Senate may procure such
lative authority, services under section 202(1) of the Legis-
' (10) The violation or suspected violation lative Reorgatazation Act of 1946; (9) to use
on a reimbursable basis, with the prior con-
of any State or Federal statute by any in-
sent of the Committee on Rules and Ad-
behalf of any intelligence agency of the Fedtelligence agency or by any person by or on
ministration, the services of personnel of -
-
any such department or agency; (10) to use
eral Government including but not limited
to surreptitious entries, surveillance, wire-
on a reimbursable basis or otherwise with
taps, or eavesdropping, illegal opening of the the prior consent of the chairman of any
subcommittee of any committee of the Sen-
United States mail, or the monitoring of the
United States mail, ate the facilities or services of any members
of the staffs of such other Senate commit-
tees or any subcommittees of such other
Senate committee* whenever the select .
committee or its chairman deems that such
action is necessary or appropriate to enable
the select committee to make the inve..sti-
their provisions or manner of enforcement, to gation and study authorized and directed
safeguard the rights of American citizens, by this resolution; (11) to have direct access
to improve executive and legislative control
through the agency of any members of the
(11) The need for improved, strengthened,
or consolidated oversight of United States in-
telligence activities by the Congress.
(12) Whether any of the existing laws of
the United States are inadequate, either in
of intelligence and related activities, and to select committee or any of its investigatory
resolve uncertainties as to the authority of or legal assistants designated by it or its
United States intelligence and related agen7 chairman or the ranking minority member
cies.
to any data, evidence,' information, report,
(13) Whether there is unnecessary dupli- analysts, or document or papers, relating to
cation of expenditure and effort in the col- any of the matters or questions which It is
lection and processing of intelligence infor- authorized and directed to investigate and
mation by United States agencies. stu_dy _in the ctisteW_or _unr, tp,e control
gee,
sd1)000/091034:nCIALRDP881300W8R000 or em-
,7 Q400
vu
Approved For Release 2000/09/03 :.CIA-RDP83B02,133R000709042047A,
S 984 . . CONGRESSIONAL RECORD?SEN - an , 1975
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 active- Senate to conduct an investigation and
mem:, agency, officer, or employee of the ties- in foreign countriee of any other de- study of governmental operations with ? .
Uniszed States Government having the power portment or agency of the Federal Govern- respect to intelligence activities.
under the laws of the United States to inves- merit. Mr.
tie.ate any alleged criminal activities or to SEC. 8. AS a condition for employment MANSFIELD Mr. President, I wish
as ,
prcsecute persons charged With crimes described in section 3 of this resolution, each to state, before proceeding with the die. -
egelest the United States and any depart- person shall agree not to accept any honor- cussions and consideration of this resole-
..
men:, agency. officer, or employee of the arium. royalty or other payment for a speak- tion, that insofar as the majority leader
tin i7ed States Government having the au- trig engagement, magazine article, book, or is concerned, the chairman of the Corn-
teert ty 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 Mississippi (Mr. STENe.rIS) is owed a
-thou; regard to the jurisdiction or au- vote of thanks because throughout the
years he has scrupulously endeavored, to
the best of his ability and in line with.
his other responsibilities, to scrutinize all
activities of intelligence agencies related
to the defense community. He need not
yield to any Member of this body his -
stance as the preeminent "watchdog". of
the Congress in performing this critical
oversight function. I commend Jour(
Smrms. The Senate commends Joere
Srzereres for his assiduous arid conscien-
tious work in this endeavor. .
Mr. President, now that the select
Mr. PASTORE. Mr. President, I move committee 13as been approved by the Sen-
to reconsider the vote by which the reso-
ate, the minority leader and I have di-
lution was agreed to. rected a. letter to the heads of agenclei
Mr. MANSFIELD. I move to lay that arid departments of Government mote ,
motion on the table.
preeminently concerned with intell'.-
.
gence endeavors. The -letter reads e
The motion to lay on the table was
agreed to_. . . Zilov,rs:
...._,
As you may be aware; the Senate is to co
duct an investigation and study of gover
merit operations with, respect to intelligen, -
activities. The scope of the Investigation .
set out in S. Res. 21, a copy of which has beeo
enclosed for your information.
We are ,writing to request that you not
destroy, remove from your possession or con- .
trol, or otherwise dispose or permit the dis-
posal of any records or documents which -
might have a bearing on the subjects under - ,
investigation, including but not limited to all
records or documents pertaining in any way
to the matters set out in section 2 of S. Rel.
21.
Sincerety 'yours, . ? .
?
This letter is being directed to heads of
19 separate governmental units as listed
here: - ? -
JANVABX 21, 1975. ,
tee.
SEC. 9. No employee of the select committee
or any person engaged by contract or other-
wise to perform services for the select com-
mittee shall be given access to any classified
information by the select committee unless
such employee or person has received an ap-
propriate security clearance as determined
by the select committee. The type of security
clearance to be required in the case of any
such employee or person shall, within the
determination of the select committee, be
commensurate with the sensitivity of the
classified information to which such em-
ployee or person will be given access by the
select committee.
thority of any other Senate committee,
whica will aid the select committee to pre-
pare for or conduct the investigation and.
study authortaed and directed by this reso-
lution; and (12) to expend to the extent it
deter.nines necessary or appropriate any
moneys made available to it by the Senate
to perform the duties and exercise the
- powers conferred upon it by this resolution
and to make the investigation and study it
is authorized by this resolution to make.
(b) Subpenas may be issued by the select
committee acting through the chairman or
any other member designated by him, and
may be served by any person designated by
such chairman or other member anywhere
within the borders of the United States. The-
chairms n of the select committee, or any
other member thereof, is hereby authorized
? to administer oaths to any witnesses appear-
ing before the committee. '
(c) In preparing for or conducting tape
investigation and study 'authorized and di--
reeled by this resolution, the select com-
mittee shall be empowered to exercise the
powers conferred upon committees of the
Senate by section 6002 of title 18; United
States Code, or any Other Act of Congress
regulating the granting of immunity to
witnesses.
Sec. 4. The select committee shall have au-
- taority 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 of United' States citizens
with regard to those activities.
Sac. 5. The select. committee shall make a
final repeat' of the results of the investiga-
tion and study, conducted by it pursuant to
. this resolution, together with its Danfings
and its recommendations as to new congres-
sional legislation it deems necessary or de-
sirable, to the Senate at the earliest practice-
'ole date, but no later than September 1,
1075. The select committee may also submit
to the Senate such. interim reports as it con-
siders appropriate. After submission of its
final report, the select committee shall have
three calendar months to close its affairs, and
on the expiration of such three calendar
months shall cease to exist.
Sec. 6. The expenses of the select commit-
tee through September 1, 1975, under this
Ts: SO:1.1tiOn stall not exceed $750,000 of which
arnottat not to exceed al00,000 shall be avail-
able for the procurement of the services of
mdi Cin al consultants or organizations
thereof. Such expenses shall be paid from the
contingent fund of the Senate upon vouchers
zip-proved by the chairman of the select com-
mittee. ?
SL-e. 7. The select committee shall institute
tmd c:ry out such rules' and procedures as
it ma:: deem necessary to pzevent (1) the dis-
cic.t-t.re, outside the select committee, or any
information relation to the activities of the
Cenzrel Intelligence Agency or any other
c:eparcitrient or agency or the Federal Govern-
:nen,: engaged In intelligence activitie.s, ob-
tained by the select committee during the
c..,?:rse of its study and investigation, not
a,ith.:,rixed by the select committee to be
dtscedi and (2) the disclosure, outside the
'would advE:si.e13-, 12.10tringegt
E CI CC t coAnintro
SENATOR FROlvI NEW HAMPSHIRE--
CREDENTIALS , ?
The PRESIDING 0?0r1CM. Under the
previous order, the Senate will now pro-
ceed to the consideration of the motion
by the Senator from Montana (Mr.
Meeeseremn) to refer all credentials and
papers dealing with the New Hampshire
election dispute to the Committee. on
Rules and Administration, which the
clerk will state. -The time on this debate
is limited to 1 hour, to be equally di-
vided and controlled by the Senator from
Montana (Mr. lelezis-emee) and the Sen-
ator from Michigan (Mr. GRIFFIN).
The Senate will be in order.
The clerk will state the motion.
The legislative clerk read as follows:
The Senator from Montana (Mr. latiss-
FIELD ) moves that the credentials of Louis
C. Wyman and John A. Durkin and all papers
now on file with the Senate relating to the
same be referred to the Committee on Rules
and Administration for recommendations
thereon.
Mr. MANSeeeLD. Mr. President, I ask
unanimous consent that the pending
business be laid aside temporarily, so
that I may complete the work on the res-
olution providing for the select commit-
tee, on which the Senate has just ex-
pressed its approval.
The PRESIDrNG 0.V.eiCER. Without
objection. it is so ordered.
Mr. NTANSVIELD. Mr. President, may
we have order?
The PRESIDING OFFICER. The Sen-
ator from Montana has the floor. May we
have order in the Senate?
SELECT COMMITTEE TO Se DY
GOVERNMENT LaITTalanTGENCE
nacaltiaa ani t tli cage ac.d that. the administration about
il*Ptkekr 3N. GoOq000aggo49tues, documents,
Honorable William E. Colby, Director, Cen-
tral Intelligence Agency, and as Coordinator
of Intelligence Activities, Washington, D.C.
20505.
Lt. Gem Daniel 0. Grahaza.? Director. De--
tense Intelligence Agency, The Pen.tare.,
Washington, D.C. 20301.
Honorable William B. Saxbe, Attorney
General, Dept. of Justice, 9th and Constitu-
tion N.17., Washington, D.C. 20530.
Mr. John C. Keeney, Acting Asst. Attorney
General, Criminal Div., 9th and Constitution
N.W., WaslaIngton, D.C. 20530. ?
Mr. John R. Bartels Jr., Administrator,
Drug Enforcement Administration, 1403 Eye
St. N.W., Washington, D.C. 20537.
Honorable James R. Schlesinger, Ziacretary
of Defense. Room 3E 880, The Pentagon.
Washington, D.C. 20301.
Honcroble Howard H. Callaway, 'Secretary
of the Army. Room 3E 718, The .9e,ntagon,
Washington, D.C. 20310.
Hon. J. W. Middendorf, Secretary of the
Naey. Room 415 710, The Pentagon. Waahlog-
ton. D.C. 20350.
Hon. John L. alcLucas, Secretary of the
Air Force, Room 4E 871, The Pentagon, Wash-
ington, D.C. 20330.
Lt. Coen. Lew Allen Jr., Director. National
Security Agency,. Fort George G. Meaae,
Maryland 20755.
'
pw
Approved For Release 2000/09/03 ? CIA-RDP83B00823R000700040047-6
January 27, 1975 CONGRESSIONAL. RECORD- SENATE ? S 98.
et cetera, applies as well to all agencies activities and how ranch overlap and
and subagencies concerned but not spe- duplication?
ethically singled out. It used to be fashionable, Mr. Presi-
The task faced by the select commit- dent, for members of Congress to say
tee which the Senate has just established that Insofar as the intelligence agencies
Is to examine into the intelligence ac- were concerned, the less they knew about
tivities of the U.S. Government. No more such questions, the better. Well, in my
important responsibility to the people of Judgment, it is about time that that at-
the Nation can be aseu.med. by Senators titude went out of fashion. It is time for
than membership on this committee. the Senate to take the trouble and, yes,
What is asked of them, in the name of the risks of knowing more rather than
the Senate, is to probe fully and to as- less. We have a duty, individually, and
sess completely, to understand thorough- collectively, to know what legislation en-
ly and, to evaluate judiciously. To the ex- acted by Congress and paid for by ap-
propriations of the people's money has
tent that. the intelligence agencies have
acted correctly and within, the law, that spawned in practice in the name of the ? tee with its deepest confidence. I know
bd known If there have been United States. The Congress needs to that that trust is secure and that there-
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-
abuses, they, too, must be set forth. There recognize, to accept and to discharge with
care its coequal responsibility with the
can be no whitewash in this-inquiry: nor
is there room for a vendetta. In the end, Presidency in these matters.
the Senate must know what has. trans The Senate has begun to address itself
spired so that it may seek to close legal to these questions by approving the cre-
loopholes if there are any: In the end, we ation of this select committee. There is
must laiow so that together with the a need to understand not only the pres-
House and the President; we may move ent intelligence requirements of the
to foreclose any demeaning of the basic United States but also what systems or
premises of a free society. procedures for oversight and account-
What is at stake in the work of this ability ma a be required to keep them
committee is a resolution of doubts. What Within bounds set by the Constitution,
is at stake is a restoration of confidence the President and the elected Repre-
in a large and costly and little known sentatives of the people in Congress.
segment of the Federal Government. The Wisely, I believe, a special committee
for handling the investigation has been
Senate must be satisfied that the intelli-
gence community is doing the people's established by this action today. The
business, to the end that the Natlon may scope of inquiry is far larger than can
be with assurance so advised: The Sen- come within the purview of any single
ate must be persuaded that what is be- committee. Hopefully, within the select
ing done in the name of security under committee, the pleces--all of the pieces?
a cloak of obscurity is the people's bust- can. be fitted together. May I say that in-
ness, as define& not by employees of a sorer as the Senate is concerned, I think
Government agency, but the people's thia action expresses the expectation
business as defined by the Constitution that the matter will be concentiated in
and tale laws duly enacted thereunder. this one committee. In my judgment, it
The committee is called on, further- would be most inappropriate for a bevy
more, to elucidate for the Senate the of studies of intelligence to proceed
relevance of the intelligence commu- simultaneously in several others.
nity as it now operates to the Nation's May I say, Mr. President, that this in
contemporary needs. We need to know no way conflicts with the legislative
what may be required, today, not what jurisdiction of the legislative committees
might have seemed necessary yesterday. so charged.
The fact that a commission is looking The select committee is equipped with
Into the CIA is all to the good; the re- a bipartisan membership. The Senators
sponsibility of that group is to the Presi- who will be selected for service on this
dent who created it. Its existence in no committee are no different than the rest
way relieves us of our responsibilities. It of U. They are not tied with a blue rib-
is appropriate and proper at any time bon or a white or pink ribbon. There is no
that the Senate so determines, to inquire higher or lower order of patriotism in
Into any agency and, as necessary, to the Senate. There are no first- and sec-
seek to clarify and redefine its functions ond-class Senators. Those who will serve
and the scope of its activities, are men of competence, understandin,e,
One aspect of the impending inquiry and decency. They will do the job which
concerns covert actvities. Thsee activ- the circumstances and the Senate re-
ities have been acquiesced in, to say the quire of them.
least, by the Congress for a long time. No The committee has been equipped
one should be surprised or appalled, with full authority to study, to hold
therefore, to discover their existence a hearings and to investigate all activi-
quarter of a century later. In recent ties?foreign and domestic?of the intel-
years, however, the extent and necessity ligence agencies of the Federal Govern-
for them have come under question. Who merit. In the pursuit of that mandate, I
sets the policy and why? What obtuse have every confidence that the commit-
intrusions may there have been by these tee will act with discretion, with re,
activities into the President's conduct of straint and with a high sense of na-
foreign affairs? What indifferenCe, if tional responsibility. There is no cause
any, to the laws passed by the Congress? and inclination to pursue this matter as
What damage, if any, to the demeanor of a Roman circus or a TV spectacular.
the Nation? What interference in the There is only the need to see to the sober
personal lives of Americans and by whose discharge of very sober responsibilities.
authority and under what guidelines? How the committee proceeds is largely
What public funds have been committed up to the members of the committee.
sults of the inquiry will reflect the high-
est credit on this 'institution. I submit to
the Chair the names of those assigne-d to -
the Senate Select Committee To Study
Governmental Operations With Respect
to Intelligence Activities and a.sk that:
they be read and Ido so on behalf of the
distinguished Republican leader and
myself.
- ?
The PRESIDING OFFICatais? The clerk
veillread the nominations. -
The assistant legislative clerk read as
Senators Church, Hart of Michigan, Mon-
ds.le, Huddleston, Morgan,. ana J:lart of
Colorado.
? Mr. MANSFIELD. The Republicans
also. ?
The assistant legislative clerk read as -
follows:
Senators . Tower, Hakes, Goldwater,
Mathias, and Schweiker.
SENATOR. FROM NEW
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Oved For Rae
Januanp 1975 ? :C
through a government organization call
Women, Infanta, Children.. Supplemen
feeding is being provided under careful rued
cal supervision_ for 635,000 .women and chi..
dren. - . ?
The origins of President Ford's proposal to
boost the cost of food stamps to the poor
are cloudy. The 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 Mace of Management and Budget.
But the President took it and, short of action
by Congress, his order will prevail. ? 7
? - -
? ..?- . .
CRIMINAL ACTIVITIES OF TIM CIA
000/09/03 : CIA-RDF131300823R000700040047-6
SIONAL RECORD-HOUSE _ ? }r331 .
_.
(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 Joule Buivrotr 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 or its own charter. Other
legislative, proposals will?and should?
deal ? with. those .questions. Rather, the
resoluteen.- Is concerned with the extent
to which- the CIA has engaged in sur-
reptitious entry, burglary, intercepting ?
mail- wiretapping and electronic -sur-
veillance not pursuant to court order,
and maintaining files on U.S. citizens--
thereby engaging in the violation of Fede.
eral criminal statutes. The Judiciary Committee has over-
sight responsibility for the enforceinent
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 principles
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
laws.
I urge my colleagues to support this
resolution when it comes to the floor.
The 24 cosponsors of the 'resolution
are: Ms. Aezuc, Mr. BADILLO, Mr. BATICUS,
Mr. BROWN of California, Mr. CONYERS,
Mr. Dzeetees, Mr. FORD of Tennessee, Mr.
HARRINGTON, Mr. HAWICINS, Mr. HELSTO-
SKI, Mr. JENRETTE, Mr. Hoar, Mr. MET-
CALFE, Mr. MITCHELL of Maryland, Mr;
RANGEL, Mr. RICHMOND, Mr. ROSENTHAL,
Mr. RoYBAL, Mr. SOLAP.Z, Mr. STARIC, Mr..
:::TOICES, Mr. WAXMAN, Mr. WEAVER, and
Mr. Cirertees H. Wiesoer of California.
WHO BUT- THE PEOPLE WHO SEEK
? TO DESTROY US WILL BENEF/T
?.
? FROM COMPROMISING AND IN-
TERFERING WITH CIA?. .
- ? .
(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." 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 controver-
sy a Presidential commission was ap-
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 have
already been well-publicized: ? .
CIA. was asked, starting in. 1967;. to-
help ? determine if anti-American for-
eign elements were exploiting dissident
movements within the United States;
Likely targets of such exploitation, in-
dividuals and organizations, were identie
fled in leads supplied mostly by the FBI;
. . . ?
?
and
CIA's 'job then was to .report back to
the FBI or other appropriate authbrities
on their*._ foreign travel?where they
went,, who'. they save. -what they did
? Mr..Speaker,-I 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-
the job of intelligence collection abroad.'
In fact, failure to carry out such art as-
signment would be tantamount to a der-
ti
? Now. it is clear, Mr. Speaker:that this .
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-
tional 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
. .?
who collaborate With C/A, if their. se-
trets 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 Raborn, 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: ? -
'Made possible 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 emo- ?
tional binge-which cold(' conceivably un-
dermine that one institution in our Fed-
eral structure which is assig,ned- the es-. -
sential task of giving us the unvarnished
truth about the world around us.- Let -
us remember, institutions after all-
only the length and breadth of the shade
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 ,e
'benefit, -from- compromising and 'inter-
fering with CIA? ?
, : ? ? ?"?-.
? -
:W146 WILL AWARD DAMAGES TO
THE VICTIMS OF THE MAY DAY
DEMONSTRATION?.
? ? , ?
? -
-(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. SIKES. 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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