NUREMBERG TRIALS ONLY REINFORCE NEED FOR THE ADOPTION OF THE GENOCIDE TREATY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R001200040008-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 36
• Document Creation Date: December 16, 2016
• Document Release Date: April 18, 2005
• Sequence Number: 8
• Publication Date: January 27, 1975
• Content Type: OPEN

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January ,27, .1975 CONGRESSIONAL RECORD - SENATE
least 5 years within the 8-year period ending
on the date of the sale,
Taxpayers meeting these two requirements
may elect to exclude the entire gain from
gross income if the Iadjusted? sales price of
their residence is $2d,000 or less. (This elec-
tion can only be mi.de once during a tax-
payer's lifetime.) If the adjusted sales price
exceeds $20,000, an lelection may be made
to exclude part of the gain based on a ratio
of $20,000 over the adjusted sales price of the
residence. Form 2119 (Sale or Exchange of
Personal Residence) I is helpful in determin-
ing what gain, if ally, may be excluded by
an elderly taxpayer W- hen he sells his home.
Additionally, a taxpayer may elect to defer
reporting the gain on the sale of his personal
residence if within J year before or 1 year
after the sale he bugs and occupies another
residence, the cost of which equals or exceeds
the adjusted sale price of the old residence.
Additional time is allowed if (1) you con-
struct the new residence or (2) you were
on active duty in tje U.S. Armed Forces.
Publication 523 (TaxlInformation on Selling
Your Home) may also be helpful. -
Retirement Income Credit.-To qualify for
the retirement income credit, you must (a)
be a U.S. citizen orlresident, (b) have re-
ceived earned income in excess of $800 in
each of any 10 calendar years before 1074,
and (c). have certain types of qualifying
"retirement income".:.Five types of income--
pensions, annuities, interest, and dividends
included on line 15 Form 1040, and gross
rents from Schedule E, Part II, column (b)-
qualify for the retirement income credit. _
The credit is 15% Of the lesser of:
1. A taxpayer's qualifying retirement in-
come, or . !
2. $1,524 ($2,286 fbr a joint return where
both = taxpayers are 05 or . older) minus the
total of nontaxable pensions (such as Social
S 967
was violated. H '' the Genocide Conven- Mr. GRIFFIN. Mr. President, will ine
tion been in ex tence two decades ago Senator yield?
those who perpe uated atrocities between Mr. MANSFIELD. I yield.
1933 and 1939 co Id have been brought to Mr. GRIFFIN. Mr. President, I ask
fh..t fhe time on this side be yielded. to
~uamcc.
This situation displays the same kind the control of the Senator from Texas
of inaction tha was brought against (Mr. TOWER).
those responsibl for the Armenian mas- The PRESIDING OFFICER. The clerk
sacres even thou, -h Turkey and her Ger- will call the roll.
man allies were c feated in World War I. The assistant legislative clerk pro-
There Is eviden e on the record that ceeded to call the roll.
Hitler duly note this fact when he pre- Mr. TOWER. Mr. President, I ask
pared his prog m of exterminations. unanimous consent that the order for the
Documents intr duced at the Nurem- quorum call be rescinded.
berg trials coat n the following state- The PRESIDING OFFICER. Without
ment made by tier in August 1939 just objection, it is so ordered.
before the invas on of Poland: Mr. TOWER. Mr. President, I ask
nt that Miss Pam Tur-
What the weak estern European civiliza- unanimous conse
tion thinks about me does not matter.... ner, of my staff, have the privilege of
I have sent to tie East only my Death's the floor during the consideration of Sen-
head units with he order to kill without ate Resolution 21 and all amendments
pity or mercy all en, women, and children thereto.
of the Polish race d language. Only in such The PRESIDING OFFICER (Mr. GARY
a way will we win the vital space we eed. W HART).. Without objection, it is so
Who still talks no adays of the extermina-
tion of the Armeni ns? ordered.
Mr. TOWER. Mr. President, I suggest
It is quite apps rent from the previous
statement that itler interpreted the
world's inaction n the Armenian mas-
sacres as tacit onsent to do as he
pleased. Why sho ld the world stop him
when- they have a ways failed in the past
, The Genocide eaty is the document
that displays the world's outrage and
? concern over' acts f Genocide. Yet the
United States has refused to sign this
important doeumel t. In the interest of
further intel'nation 1 peace and safety,
in the hopes of el urinating all future
crimes against hum nity, I urge my col-
leagues to join m in support of the
Genocide Conventi accords.
the absence of .a quorum.
The PRESIDING OFFICER. On whose
time?
Mr. TOWER. To be charged equally to
both sides.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The clerk will 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.
the earned income in
$1,700, plus the total
Mr. -PASTORE. Mr. President, a parli-
amenta,ry inquiry.
The PRESIDING OFFICER. The Sen-
ator will state it.
Mr. PASTORE. What is the pending
business? '
The PRESIDING k)FFICER. The time The PRESIDING OFFICER. The
for the conclusion of morning business pending business is Senate Resolution
having arrived, morning business is No. 21.
closed. Mr. PASTORE. Mr. President and col-
leagues, I am not going to belabor this
SELECT COMMITTEE TO STUD measure this morning by an extended
explanation. As a matter of fact, I did
GOVERNMENTAL INTELLIGENCE- explain it last week and I think that
GATHERING ACTIVITIES what we are trying to achieve is quite
nulties, interest, di
taxpayer should ais
a credSeit.
nue Service will also
nt income credit for a
quested that IRS'com-
answers the questions
and completes lines 2
relating to the amount
y benefits, Railroad. Re-
earned income, and
t income- (pensions, an-
idends, and rents). The
write "RIC" on line 17,
Mr. PROXMI
RR.IALS ONLY REIN-
IC rOR THE ADOPTION
IDE TREATY
X. Mr. President, one of
rs of the crime of geno-
iction'was outlawed by
ins was the Nazi's ex-
million Jews, 21/2 million
r of thousands of Czechs,
pns.
When the Nu
be punished for
mitted prior to
at the Nazis could not
acts of genocide com-
The PRESIDING OFFICER. 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
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
Investigation and study with respect to in- leader has stated today his selection of
I
itt
ee, so
telligence activities carried out by or on be- members of the select comm
half of the Federal Government. construe from that that- the other side
The PRESIDING OFFICER. The time is more or less amenable to this resolu-
for debate on this resolution is limited to tion.
2 hours, to be equally divided between Mr. TOWER. Mr. President, will the
and controlled by the majority and Senator yield?
minority leaders or their designees, with Mr. PASTORE. Unless it was a gesture
the vote to occur at 3 p.m. of futility. -
Mr. MANSFIELD. Mr. President, i Mr. TOWER. It was acceptance of the
yield my time to the distinguished senior Inevitable, I think.
Senator from Rhode Island (Mr. PAS- Mr. PASTORE. Mr. "President, I wish
TORE). - to make it abundantly clear at the out-
I suggest the absence of a quorum, with set that the FBI, the CIA, and Military
the time to be charged against both Intelligence are absolutely necessary to
sides. the security and the survival of this
on the grounds that no international law
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S 968
CONGRESSIONAL RECORD -SENATE January. 27, 1975
great Republic. Anyone who questions they are. I am sure they will all render
for a moment, anyone who should try or fine service.
anyone who should even begin to imagine We do not know yet who the members
that the Senator from Rhode Island is are on the majority side. I know I am
trying to do anything to disrupt . or to not one of them; I do not want to be one
injure in any way these fine agencies, of them. I made that pledge at the time
should immediately disabuse his mind that- I introduced this resolution, that
of it. I was not doing it for any selfish reason;
I have been connected for a long time I was doing it because I thought it needed
with the workings- of these agencies. I to be done.
realize why they were instituted in the Mr. President, having said that, I have
first place. We could not survive as a nothing further. I am perfectly willing
decent society without the FBI. We could to answer any questions. It is a very sim-
never survive as a great nation in this ple resolution.. It is all spelled out. I
troubled world, this sensitive world, with- understand there are going to be two
out a CIA or military intelligence. So I amendments. I am amenable to both
wish to make it abundantly clear, Mr. amendments, with the exception that an
President, that what We are trying to the Tower amendment, I hope we can
also of the present, to find out how it
all started, how far it went, to remedy
these abuses and make sure that in the
future they will not happen; and in the
final analysis, ultimately, that the confi-
dence of the people wil be reaffirmed
and strengthened in their appreciation
clarify one statement at the end, where
it says:
The type of security clearance to be re-
quired in the case of any such employee or
person shall be commensurate with the sensi-
tivity of the classified information to which
such employee or person will be given access
by the select committee.
not only the acceptance of any findings and
recommendations but also the possibility of
reconciling contrasting views and theories
which must be accommodated.
Ultimately, the report of this select com-
mittee must be widely accepted by many
elements of the American people. Otherwise,
efforts to correct past improprieties and re-
store confidence in our government's ability
to conduct in an appropriate manner the
very sensitive. and important intelligence
function, will falter.
To fail to create a broadly based committee
would in the end be a disservice to ourselves,
the Senate, our country and the American
people.- -
Testimony already taken in the Congress
strongly indicates that there have been
abuses and misuses of authority within- the
Central Intelligence Agency. Allegations of
other improprieties remain unanswered. A,
virtual floodgate of questions and charges
has been opened, engulfing our Intelligence
community in suspicion and uncertainty.
While some of this may have been more sen-
sation than substance, the facts remain that
both damaging testimony and allegations of
serious misconduct are before us and that
they have not been rebutted to the satisfac-
tion of most members of Congress or of. the
American people.
The floodgate cannot and should not be
closed; the questions raised must be an-
swered; the faith of the people in this most
sensitive area of their government must be
restored. -
If 'an agency has overstepped its.author-
ity , if it has violated the rights of citizens
whom it is supposed to serve, if it has been
involved in illegal activities, if it has been
utilized in derogation of its public trust,
then these matters must be fully investi-
gated, Corrective steps must be taken.
There was an earlier time in this Nation
when the agencies in question-born in a
turbulent area of violent crime half a cen-
tury ago, or in the aftermath of war 25 years
later-enioved a very different ii-,,A A Thou
and their consideration, as to the essen- I think we ought to nail that down to
tiality of ' these great- arms- of Govern- be within the determination of the com-
ment. .? - mittee itself.
Mr. President, having said that, I must I should like to add some language in
in all fairness say that there have been there, in the last sentence: "within the
some very serious abuses. I am not going determination made by the committee
to debate them this morning; As a matter itself." '
of fact, our newspaper headlines have Mr. TOWER. Mr. President, *I wonder
been replete with= a dissertation of what If I might visit with the distinguished
they are. There have been charges and Senator from Rhode Island.
countercharges There have been those ' Mr. PASTORE. When the proper time
who. have exaggerated some of the comes. I do not think we are too much
wrongs; there are those who have mini- in disagreement. I repeat what I said
mized some the wrongs. Because the su- last week when I was questioned by the
pervision on. the part of Congress is distinguished Senator from Mississippi,
spread throughout several committees, the chairman. of the Committee on
-
-
-
----- ---- v>--~~.-.. +.+++ v+ .. wv++ r,_ av_u uPval ao 5L th LLl MSS Vl 4110 1YM41Vn
way-the Committee on Foreign Rela--' committee as it now stands will continue. and protectors of law-abiding citizens. But,
tions is absolutely interested in: inteli -There is nothing in this resolution that like so many of this country's institutions in
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
authorization bills, when they come up, inteingence community nos lost its glitter.
will be referred to the Committee on The FBI hero of the 1930's has been replaced
in the public eye by a much more dubious
Armed Services, there is no question at all character.
about that. I suppose before deciding the Thus, the need for a full investigation
authorization the chairman will conduct of the tide of current charges goes beyond
some kind of hearings, not competitive the obvious requirements of discipline within
to the select committee; it could be cony the government; it goes to a restoration of
sonant with it. I. am not opposed to that. confidence in a segment of government that,
AS a matter of fact, let us face it: We more than any other, must hold the pub-
lic's confidence.
are all here trying to do the. right thing. - No nation can gamble with its security.
Let us do it. That is about the size of it. Indeed, the guarantee of that security is
Now, Mr. President, I have here. a perhaps the most fundamental of all govern-
statement by Senator HUDDLESMON who mental responsibilities. Without it, all else
asked me to have it inserted in the can quickly fade.
National security arrangements, defense
RECORD, and I ask unanimous consent and foreign policy strategies, and decisions
that that be done. regarding a host ofother issues rely upon
uuJeeblOi1, iL is so oraerea. mg- tr11Mt, we couia ao witnout intelligence
That is not the question this morning. gathering activities-especially in what ap-
What we are trying to do here is create STATEMENT fly SENATOR HQDDLESTON
I am pleased to support Senate Resolution pears to be an increasingly complex and
a select committee consisting of 11 men- uncertain world.
hers-6 from the majority, 5 from the - 21, which would establish a select committee Furthermore, the,
that very nature of such
minority. I know it is not going to be on intelligence activities, tivities requires that they be closely held
eld
I believe the creation of such a committee and carried out with a certain degree of
partisan. There is not a Member of the is essential at this time. secretiveness and confidentiality.
Senate who does not put his country I believe the committee as proposed In the But, the agencies involved in such activ-
before his party, or even, indeed, his own resolution before us will meet the needs of sties, like Caesar's wife, must be above re-
interest. If it were otherwise, that would the Senate and our Nation in terms of strut- proach-not just because of their special
be a blot on this great establishment. tore, representation and mandate. status and charge but also because actions
What do we do by this resolution? We A committee such as we are about to cre- which Involve them In suspicion and ques-
ate must touch upon the various ages, views, tion tend to impair if not destroy their abil-
create a committee of 11 members. The geographical areas and philosophies which Ity to function.
names have already been suggested by are a part of the Senate and our nation-at-' There are those in this body who have fol-
the minority leader of those on the part large. slowed closely the activities of the CIA and
of the minority party. We know who To structure it otherwise would diminish other agencies with intelligence responsibil-
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January 27, :1975 CONGRESSIONAL RECORD - SENATE
5969
sties-the Defense Intelligence Agency, the we would not have accomplished as much States. There has to be accountability
National Security Agency, the Federal Bu- a .s we have so swiftly in this very impor- and responsibility. The intelligence agen-
reau of Investigation, and the Secret Service.
For that reason, we should tant matter. The efforts of the Senator ties must be adapted to the needs of a
certainly make
the best use of these persons; we should from Rhode Island have manifested a constitutional democracy in our time-
build upon their knowledge- and experience. quality of greatness. or they must be eliminated.
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. MANSFIELD), Senator MATHIAS on to do what is necessary to keep them
could bring to such review an Inquiring ap- the minority side, Senator BARER, Sen- under control. That is a job for Con-
proach which might not only develop,new ator WEICKER, and others who did so gress.
ideas but also do much to Insure a positive much of the vitally Important spade work Third. Therefore, as the Senate pro-
recommendations. to the ultimate findings and which has brought us to this point. ceeds to establish the select committee,
I do, consequently, support establish- I have been involved In this matter it is important. to identify three impor-
ment of a special committee to review in- Since 1971, when I questioned Senator tant missions of this committee:
telligence operations in this country. I also Ellender, the then chairman of the First of all, it is charged with finding
think, however, that our intent and deter- Committee on Appropriations, on the the facts in cases of alleged wrongdoing.
mination to Insure a broadly representative Senate floor about expenditures for in- Thus, the Pastore resolution empowers
committee must be made clear. telligence operations. I joined in earlier the select committee to "conduct an in-
To accommodate the representation of the resolutions prior to the time that I helped vestigation . . . of the extent, if an to
various views, I proposed in the Democratic Y,
Conference that we consider an 11-member in the support that has been brought to- which illegal, improper, or unethical ac-
body, rather than a smaller one. While this gether behind the Pastore resolution. tivities" have been engaged in by the
is an admittedly 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 is re- from Rhode Island that we need an ef- ment. This - will involve identifying in-
quired. Many Committees have some jurts- fective intelligence operation, we need dividuals 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 paragraphs 1, 2, 3, 10 of sec-
far beyond the jurisdictional bounds of com- ecutive and Congress. I have been crit- tion 2.
mittees, encompassing, I would Imagine, ical of the CIA and other intelligence every member of the Senate. Views on the Second, the select committee is
subject vary widely. agencies for many of the things they charged with going one step further. It is
Furthermore, I believe that the special 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 organization of the execu-
the resolution contains. It must be em- But there also have been great accom- tive branch and changes needed in con-
powered not only to investigate possible il- plishments. There have been deeds done gressional oversight -mechanisms as
legal. activities and abuses in the intelli- by courageous and dedicated men and well-so that these abuses of power can-
ger_ce community, but also to review the
mandates of the agencies concerned; to women, many of whom have risked their not occur again I cite section 2,
study lives, and some of whom have lost their graphs 4, 5, 6, 7, 8, 9, and especially
the role of intelligence in today's world and
to make recommendations regarding the type lives, in service of their country. 11, 12, and 13, of Senate Resolution 21.
of structure which can best meet the Intel- I would just make these points for the Finally, the select committee is di-
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 carrying 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 implications of sensational- First. If anyone needs reminding, there in the United States and abroad. I cite
ism and headline hunting-an approach
which we have been a series of revelations over section 2 of
clearly cannot afford and which paragraph 14. -
we would be irresponsible to permit. Our de- the past decade and a half that point . Fourth. It- will be difficult < for the
termination on that point, too, should be not only to the internal shortcomings of select committee to carry out these mis-
nrade clear. But In this year-so soon after intelligence agencies in 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 involved 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 must instead place our important inter-
licence-gathering activities on, a sound and ident and Congress, not only to the fail- processes is guaranteed in the words of viable basis. In this case, skeletons in the lire of these agencies to communicate the Pastore resolution,
closet are 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 committees of Con- that, in their essence, depend on not
issues but also in domestic politics. They gress-but, also, and more alarming-to being seen? How will. the select commit-
must be laid to rest. their power to subvert the Constitution tee know when it is not getting what It
The alternative is to let matters ride, to and threaten freedom here at home while needs to know to get at the full facts?
permit a series of well-intentioned but over
lapping investigations proceed, to divide ef - damaging-in the majority- leader's These questions are without easy
-
forts at a time when prompt and comprehen- words-"the good name of the United answers,
sive action Is needed. States" abroad. Section 3 (a), paragraph. 11 of Senate
Thus, the preferable course, It seems to me Further, it must be admitted, their Resolution 21 is of great importance. it
is the creation of 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
gressional concerns on intelligence (2) deli branch-or with the acquiescence of data, evidence, information, report,
Bated to a thorough investigation of ques- higher authorities-and with a knowing analysis or documents or papers" rela-
ti.oned activities and current intelligence op-
cratlons and a wink or willful ignorance on the part of tin
reexamination of the role of g to the investigation in the possession
Intelligence operations in our society, and (3) many members of Congress. of the intelligence agencies.
charged with the responsibility of making Second. But the problem goes beyond Despite this clause, it can be predicted
recommendations to the Senate as expediti- the CIA, the FBI, and other intelligence that this information-in some in-
ously as possible regarding both necessary agencies. It goes beyond foreign relations. stances-will be given up with great
corrective actions and 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.
telligence community. unity and individual liberty are inex- Further, there will be a tendency for 21 piI h these an thtould be
Sena at e o lutiio of it vill a0 0i - tiicably linked. We have to get some perspnnel of the intelligence agencies to
right move In the right direction, perspective on ourselves, on our origins, use the classification system as a means
on our immediate past, and on our fu- of avoiding full testimony before the se-
Mr. PASTORE. I now yield to my dis- tune--as we proceed from the aftermath lect committee. That is, they may "tell
tin uishecl colleagues from California. of the Cold Wan to what appears to be the truth" or-provide the facts at the
Mr. CRANSTON. I thank the Senator an era of interdependence in a n`1ultipo- "top secret" or "secret" level, but not
very much for yielding. la i? world. include information available on a given
I want first to thank the Senator from The fundamental problem-as we ap- subject at a higher level of classification.
Rhode Island for his magnificent lead- proach the bicentennial-is to restore Or they may cite law and executive or-
ership in this Written. WA'0nut_ b04&F r Fw[6bi2 4 F1,12tQ~i nRDRiF(YMN$URO M 4A O&-ficlttive priv-
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S 970 CONGRESSIONAL RECORD - SENATE January 27, 1975.
ilege" as shields of justification for not
telling all they know-even though they
are under oath-
Fifth. This problem could be greatly
alleviated if the Senate through its select
committee was guaranteed the full and
active support of the Ford administra-
tion in this inquiry- As Walter Pincus
pointed out in Sunday's Washington
Post, such an 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-
cvitable as the investigation proceeds.
From the start, there are some powerful
incentives for a cover up. The Senate
should understand this reality now.
Already we see a former Director of
the CIA, Mr. Helms pointing the finger
of responsibility at one dead President
and at another who is incapacitated--
and who, so far, has managed to avoid
coming into court or before a congres-
sional committee. This same man Is
known to have destroyed documents
bearing on his tenure as Director of the
CIA.-
Further ; the present Director of the
CIA in his recent report apparently
pointed to his predecessor and previous
administrations as. being responsible for
acts of wrongdoing. The Senate should
be reminded that this same man had
spent his entire career on the operations
side of, CIA before he became executive
director and later director. Mr. Colby at
sitive-that bear upon the matters and
questions 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. After all, one of the issues 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 of the press, and I know that will
occur; a select committee with members
and staff interested in getting all the
facts and sharing them with the Ameri-
can people to the extent possible; the
full cooperation of the executive agen-
cies involved; sources and witnesses who
are assured of proper protection along
the way.
Again I thank the Senator from
Rhode Island, the majority leader, and
the many others for the. magnificent
work that has brought us to this point
on this day.
Mr. TOWER. Mr. President; I yield
myself such time as I may require.
Mr. President, I will be very candid
with the Senate. It was my original feel-
ing that this matter should have been
contained within the Committee on
Armed Services which does have over-
sight jurisdiction over the CIA. But in
the spirit that this resolution has been
one time directed the controversial and offered by the distinguished Senator
perhaps dubious Phoenix program in from Rhode Island, I am certainly pre-
Vietnam, and at one time he was deputy pared to accept it, because I think that
director for operations, DDO, in the the Senator from Rhode Island has set
CIA-with, responsibility for counterin- the right tone :for the conduct of this In-
telligence and domestic operations vestigation and the subsequent conclu-
among others. sions to be drawn from it.
This investigation cannot ? succeed I think that some examination of the
without determining the individuals re- domestic activities of our intelligence-
sponsible for illegal and improper act,---m
gathering organizations should be ih-
be they in the Oval Office, the National vestigated and I think perhaps such an
Security Council-and the 40 Committee Investigation is overdue.
within it-the President's Foreign Intel- I think it is essential that agencies in-
ligence Advisory Board, the U.S: Intelli- volved in this kind of work be proscribed
gence Board, or in the individual agen- , from activities that either violate their
cies. A number of the persons involved in charter, their congressional authoriza-
past actions still serve in high positions tions, or militate against the individual
in the Government. freedom of the- American people.
So while the select committees' inves- I think, to that end, this is the most
tigation must not degenerate into a witch important thing that our committee can
hunt, it cannot be a picnic, either. For do- or that the select committee when it
here are bound to be a lot of skeletons is chosen can do.
in a lot of closets. Individuals and agen- It is my view that'we can develop con-
cies involved in wrongdoing or ques- structive legislation that affords such
tionable practices must be identified. Or proscriptions and such protections. I
else the American people will be ill served would express the hope that has already
by another coverup. been expressed by the distinguished Sen-
Some have stated that this investiga- ator from Rhode Island that we can con-
tion must not be a "TV spectacular." But duct our work in a responsible way, so
it must not be conducted behind closed as to preserve the confidentiality of mat-
doors, either. "Protecting the national ters that impact on the national security
security" arguments must not stand in of the United States of America.
the way of the American people's full We must recognize that our adver-
understanding of this problem, and they saries and our potential adversaries have
must not stand in the way of publicly had a sophisticated intelligence-gather=
assigning responsibility for past actions. lag organization, that they have an ad-
Again, the fundamental issue is account- vantage over us in that they operate in
ability and responsibility under a consti- this country in a free society, and in most
tutional system of government. respects in our operations abroad we op-
I'here is no good reason why questions erate in closed societies, making the
of policy in the intelligence~R ptt F at1},r r of nt
cannot be discussed in open h~' krt~14~Qi 51 1
safeguards for our legitimate operations
abroad.
I am hopeful that we can observe the
reed 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 be
open to the public, there are going to be
times, I think, when we can elicit more
information and more significant and
more penetrating and in-depth infor-.
mation, if we go into executive session.
So I think that what we must do is
have a balanced approach here, recognize
that we have to correct abuses, recognize
that we must compel our intelligence-
gathering operations to conduct them-
selves within the purview of the law that
authorizes then, and at the same time
recognize the vital interest of the United
States from the geographic, strategic, po-
litical, tactical, economic situation that
we find ourselves in and make sure we
do not hobble ourselves and render our-
selves at such a disadvantage that we
cannot maintain the kind of internation-
al posture we need.
I might mention one other thing, Mr.
President, and that is not only the neces-
sity to protect some of our agents or some
of our covert operations abroad, but also
the confidence placed in us by foreign
governments. We must, I think, be care-
ful not to embarrass foreign govern-
ments, not just friendly governments; but
perhaps some mutual governments and
some that may not appear to be so
friendly that may have supplied us some
cooperation; and I would hope we would
take care not to embarrass governments
of these. countries.
With the proper care, I think it is per-
fectly correct that we embark on this
course today.
I am delighted to yield to the Senator
from California.
Mr. CRANSTON. I thank. the Senator
for yielding.
On one point he mentioned, I recog-
nize that there will have to be closed
door sessions, first, in order to get such
information, that would not otherwise be
made available, and that' the committee
will need. I recognize the reason for his
amendment.. I think it is quite appro-
priate.
I would like to ask one question and
make one point about it.
First, I think, as I said in my earlier
remarks just now, that the committee
must control the classification and de-
classification process, hopefully in coor-
dination and cooperation with the ad-
ministration, but.It cannot get itself into
a situation where it is unable to do cer-
tain work that it feels it must do.
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 from Cali-
fornia will withhold on his question, I
was going to engage in colloquy with the
Senator from Rhode Island on this mat-
ter.
(K- bI 77IT9 61 we008i10brin all
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January 27, 1975 CONGRESSIONAL RECORD-SENATE S971-
Mr. CRANSTON. Fine, out by the committee. itself or its mem-- covered in any .way very plainly, that
Mr. TOWER. So that we will make it bers. It just requires that such reason- there was no prohibition on it. I do not
clear what everyone means and intends; able rules and regulations as the com- think this puts too much of a burden.
but, I think the distinguished Senator mittee may see fit be established by the The Senator Is opening up all of these
from -Mississippi. has been seeking the committee regarding disclosures of in- files.
floor and has been very patient, so I formation that might, in the second part, Mr. PASTORE. No.
would like to yield to him, and then we affect intelligence abroad. - Mr. STENNIS. The resolution does. I
will take this. matter up subsequently. But going back to the first one for just do not mean the amendment does but
Mr.CRANSTON. Certainly. I thank a moment, this relates to disclosures by the resolution opens up the files. We just
the Senator. those other than the committee, staff have to have a safeguard-
Mr. TOWER. I yield to the Senator members or anyone else that might come Mr. PASTORE. I do not think we are
from Mississippi such time as the Sena- in contact with this information, meeting on our intent here. I am not op-
tor requires. . In other words, the committee itself posed to the Senator's suggestion that
Mr. STENNIS, Mr. President, I thank is called on by the Senate to make these the matter of leaks should be prevented,
the Senator from Texas. - rules and regulations. and that the staff should" not disclose
At this point, at least, I certainly will. - Now, with reference to foreign intel- anything without authorization by the
not require over 20 minutes, so we can ligence or intelligence activities abroad- committee. The only thing that bothers
just limit it to that. - and that is what my plea is for here to- me is that he is tightening up the obli-
Mr. President, after a conference with day, the protection of this foreign in- gation and responsibility of the commit
the Senator from Rhode Island and the telligence-there we are trusting the tee a little bit too much by using the
Senator from Texas, I send to the desk committee to write rules and procedures word "specifically." If he left the word
an amendment to the proposed resolu- . to set out for themselves and staff mem- "specifically" out, I think he would ac-
tion and ask that it.be considered now. bers regarding this foreign Intelligence. complish his purpose and not open it
The PRESIDING OFFICER. . The Mr. BAKER. Mr. President, will the up to debate every time there is the
amendment will be stated. . Senator yield briefly for a question? question of disclosure.
The assistant legislative clerk read as Mr. STENNIS. I am responding to a Mr. STENNIS. The main point here Is
follows: question of the Senator from Rhode Is- to have something explicit In writing by
The Senator from Mississippi proposes an land. the committee as to rules and proce--
amendment, at the end of the resolution, to Will the Senator restate his question dures. When we nail that down explic-
add a new section as follows- with respect to paragraph 2?. ltly, how it should be done,. then we
Mr. STENNIS. Mr. President, I ask Mr. PASTORE. I was wondering if the cover the waterfront.
unanimous consent that further reading word "specifically" was not rather redun- We can strike out the word "specif-
of the amendment be dispensed with. dant. If it just said "not authorized by ically."
Mr. M ANSFIELD,...Why.?not- let him select committee," that would not lead Mr. PASTORE. Will the Senator strike
read it?_ to any. controversial confusion: it out?
Mr. STENNIS. I- withdraw , Naturally; the authorization would Mr. STENNIS. Yes.
that. . All--right, have to be explicit. The word "specifical- Mr. PASTORE. If he strikes it out, I
The PRESIDING OFFICER. The clerk ly" for the time being, without knowing would accept the amendment. .
will-read it in full. within what context it was inserted in
Mr. STENNIS. With the understand-
The assistant legislative, clerk read the amendment, disturbs me for the mo- ing that this still carries -with It -
as follows: ment, unless it is more explicitly ex- Mr. PASTORS. With the understand- -
At the end of the resolution add a new plained.I thought if we just said "not ing that the committee and only the
Sectionas follows:' _. ......-.. -.., .. authorized by the Select Committee" it committee has the authority to disclose.....;:
Sac. 7.. The select committee shall insti- would be enough. I will admit that.
tute and carry out such rules and procedures In other words, I do not w
' Mr ant the com ? STENNIS. It is better to be tale-
as it may deem necessary to prevent (1) the mittee to sit down and begin to write a ful `here than to be sorry later. This -is,.,
disclosure, outside the select committee, of bill of particulars every time they are not directed at the committee.
any information relating to the activities going to authorize some disclosure. - Mr. PASTORE. I know that.
of the Central Intelligence Agency or any
other department or agency of the Federal Mr. STENNIS. What line is the Senator Mr. STENNIS. This is 'putting the Government engaged in intelligence active- referring to? I see it. That is before the Senate in a proper position. I think it
ties, obtained by the select committee dur- second paragraph. will help the committee to have the Sen-
ing the course of. its study and investiga- That relates to staff members,' ate go on record here in making this one
tion, not specifically authorized by ? the se- Mr. PASTORE. I know that. This whole- of the ground rules, so to speak. .
lect committee to be disclosed, and (2) the amendment relates to staff members. I Mr. PASTORE. Is the Senator willing
disclosure, outside the select committee, of quite agree with the Senator from Mis- to delete the word "specifically."
any information which would adversely af- Mr. STENNIS. Yes.
fect the intelligence activities of the central sissippi. I hope that the staff does not
Intelligence 'Agency in foreign countries or begin to hold news conferences. That al- Mr. PASTORS. With the modification.
the intelligence activities in foreign countries ways happens. They just take this whole I will accept the amendment.
of any other department or agency of the thing over. I think if there are going to Mr. YOUNG. Will the Senator yield
Federal Government, be any news conferences, they should be for 3 minutes? I support the amendment.
Mr. PASTORE. Mr. President, will the by the chairman or the members of the ` Mr. STENNIS. I do not have control
committee themselves. But in the past we of the time. The Senator from -.Texas
Senator yield?
Mr. STENNIS. Yes, I am glad to yield have had the sorrowful situation that has Mr. BAKER control of ; the Mr. time. PI ask the-
to the Senator from Rhode Island. I want staff members fall over one another to Senator from President, res if he will to state very briefly what the purpose is, see who can tell it to the press first. I yield
but I yield now. think everything should be told to the for a question on his amendment. Mr. PASTORS. For the purposes of the press that needs to be told to the public. Mr. STENNIS. All right, and then I
I think will yield 3 minutes to the Senator from
RECORD, would the Senator in explain- the public understands that.
Mr. STENNIS. This is not to prohibit North Dakota out of my time. I yield
ins, his amendment, which I am going for a question.
to accept, explain what he means by "not that kind of information, Mr. BAKER. This is a question of
specifically authorized"? Mr. PASTORE. I know that. But I was clarification. This amendment, of course,
Mr. STENNIS. Yes. wondering if the word "specifically" is is an antileak amendment. I think that
That is on the second part, Is it not? not a little too tight for the committee. is fine. I hope we succeed. We failed
Mr. PASTORE. Yes. If we said "not authorized by the cola- miserably in the Watergate Committee.
Mr. STENNIS. Mr. President, this mittee," I think we accomplish the Our former colleague and I tried in every
amendment relates to what we ordinarily objective. way we could. It did-not work.
call "leaks." It does not put any limita- Mr. STENNIS? What we were trying There are some matters of sensitivity
tion on the committee whatsoever- to get at was to cover the situation where that have not been leaked, but are still
The first part relates to matters that a staff member or some other person had In the Atomic Energy Committee, many
are not expressly authorized or given this information and, since it was not of them, in safe storage.
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 Approved For Release 2005/04/27 : CIA-RDP77M00144R001200040008-0
S 972 CONGRESSIONAL RECORD - SENATE Janua7r?J 27, 1975
Paragraph 2 concerns me. It says: cle, or anything else-about things that the GRU, disclosed to Great Britain and
And, number 2, disclosure outside the were disclosed to them in these proceed- the United States a great deal of inside
committee of any information which ad- ings. I think that is a matter we have to information regarding how far Russia
versely affects the intelligence activities of trust to the discretion of the commit- would go in this missile crisis. He also
the United States. tee. Under present law we have to. I be- provided us with much other information
It would appear on its surface to say lieve the Senator raised a good point. regarding the entire operations of the
that if we stumbled into a matter such Mr. CURTIS. I certainly am for the GRU and KGB-their two major Intel-
, the Chilean situation, the Bay of Pigs, amendment of the distinguished Sentor, ligence-gathering agencies. A book was
or the Lebanon incursion, notwithstand- but I believe we have to rethink our posi- published regarding the Penkovsky pa-
ing that it might appear to the Commit- tion on some of these things. Here in this pers and information which has been in
tee to be something that ought to be country if someone discloses a tax return, circulation for several years.
dealt with in the Congress, we should he has violated a criminal law and can be The point I am trying to make, Mr.
not disclose it. punished. If he discloses secrets vital to President, is that Penkovsky expected to
Will the Senator from Mississippi re- the security of the United States, he is be caught and was caught. There was a 2-
assure me that that is not the purpose apt to defend it as the right of the people clay trial and he was killed. Here in the
of paragraph 2? to know. We have, certainly, a right to United States there is not much of a pen-
Mr. STENNIS. No. that is not the pur- not only make it a law violation to dis- alty for even the highest ranking intel-
pose of paragraph No. 2. We tried to close, but there ought to be a penalty to ligence officer, a Member of Congress, or
wrap it up in such a way as require it. anyone else for disclosing our most highly
rules of procedure in the committee I thank the Senator. classified intelligence.
which I understand to be the feeling of . Mr. STENNIS. I thank the Senator. Mr. President, the Washington Star-
the Senator from Tennessee. If there is no further discussion, could News of Sunday, January 26, 1975, pub-
Mr. BAKER. If there appears to be we have a vote on the amendment? lished a very good editorial on the sub-
conduct by any agency of the U.S. Gov- The PRESIDING OFFICER. The ques- ject of intelligence and the forthcoming
ernment that appears to be improper or tion is on agreeing to the amendment, as investigations entitled "The Great Intel-
exceeds its jurisdiction, that would not modified, of the Senator from. Mississippi. ligence Exam." I ask unanimous consent
be limited by paragraph 2 of this The amendment, as modified, was that it be printed in the RECORD.
amendment? agreed to. There being no objection, the editorial
Mr. STENNIS. This does not put a Mr. STENNIS. Mr. President, I ask was ordered to be printed in the RECORD,
limitation on the committee. It requires unanimous consent to yield 3 minutes to as follows:
the committee to proceed under rules, the Senator from North Dakota without THE GREAT INTELLIGENCE EXAM
regulations, and procedures. But these losing my right to the floor, This is the era of bosom-baring and the
things are still left in the hands of the The PRESIDING OFFICER. Without country's numerous intelligence-gathering
committee. objection, it is so ordered. organizations are not immune. As things
Mr. BAKER. I thank the Senator. Mr. YOUNG. Mr. President, I see no stand now, various committees of the House
Mr. STENNIS. It is a rule of the Sen- objection to a thorough examination of and Senate are gearing up for investigations
of the Central Intelligence Agency, the Fed-
ate by a guideline. the operations of the CIA, the FBI, or any eral Bureau of Investigation, the Defense In-
Mr. PASTORE. With the modifica- other intelligence-gathering agency, but telligence Agency and the National Security
tion, I am willing to accept the amend- I believe it can only be done effectively, Agency. We hope that these investigations
ment. and without great injury to the agencies, will be boiled down to, at most, one select
Mr. STENNIS. If no one else wants the by a relatively small committee and a committee In the House and Senate. We also
floor, can we have a vote on the amend- small staff. A big investigating committee hope that the investigations will be skepti-
ment? Will the Chair put the question? with a sizable staff'-no matter how well cal, thorough and responsible. A witch-hunt
born
The PRESIDING OFFICER. Does the intentioned--cannot avoid much of the of the peculiar sensitivities left over
Senator from Mississippi modify his from Watergate would not he helpful. A
information that develops at the hearings careful analysis of this country's intelligence
amendment? being leaked to the public, thereby be-
. STENNIS. Yes: by striking out the coming easily available problems and legislation to remedy the mi
Mr are very
word "specifically" in the sixth line from agencies of Russia and to every e;,y country in n intelligence surely and
order. AcbiPartisan congressional ession
the bottom,: the world. Investigation is especially desirable in view
The PRESIDING OFFICER. The ques- If the pending resolution involved a of the conservative complexion of the blue-
tion is on agreeing to the amendment ribbon executive panel headed by Vice Presi-
much smaller committee with only a very dent Rockefeller which is also looking into
as modified. minimal staff, I believe the security of CIA activities.
Mr. CURTIS. Reserving the right to this Nation could be safeguarded and the The difficulty, of course, is that, when it
object and I, of course, will not object. investigation could be very helpful. I comes to intelligence-gathering operations,
I would like to ask a question. would hope that the meetings of the com- bosom-baring is a tricky procedure. The risk
Is there any penalty or enforcement mittee would be open to the public. If this Is that too much public exposure of a highly
sensitive
out of government business, and put the
means to compel staff members of this were the procedure, then the public would whole operation atof
w, and imperil
committee to not disclose information get firsthand information rather than the reputations-and even the lives-of peo-
that their committee directs should not from leaks highly distorting the facts dis- ple involved, to say nothing of the nation's
he disclosed? closed in the hearings. security. In the past, the congressional com-
Mr. STENNIS. It Is a sad state of the Mr. President, I cannot help but be mittees with intelligence oversight responsi-tnq
law, Mr. President, but I am quite doubt- deeply concerned about the future effec- too deeply s have been eecamh about airs. ing nto fill that we have a law that really is tiveness of the Central Intelligence Agen- present t danger too
anger nger is thesse that clandd post-Watergate zeal-
e zeal-
drawn The
drawn to cover situations of this kind. cy. No intelligence operation-particu- otry, inspired by news stories of a "massive,
We have the old Espionage Act of 1918, larly involving clandestine operations in illegal domestic intelligence operation"
which specifically requires there must be foreign countries or involving some of mounted by the CIA a few years back, will
an intent to do harm to the United our most advanced technology, especially lead to excesses of revelation.
States. it is a kind of wide-open proposi- in defense areas--can be publicly dis- For our part, we remain unconvinced that
tion which is, in itself, a very strong closed without endangering our sources the charges have much real foundation.
far-mostly
s
argument here for the adoption of this of information, the lives of those involved From wbat has been revealed amendment. It puts in some kind of an in this type of intelligence operations, by oy CIA Director William m > . Colby to o a a House
Appropriations subcommittee-it appears
obstacle. A staff member, if he violated and the very effectiveness of an intelli- that the agency was involved in a program of
the rule, would violate a Senate rule. It gence-gathering organization. Russian Internal surveillance of certain domestic dis-
would not have any criminal penalty at- intelligence agents, for example, would sident groups suspected of having connec-
tached to it, but it would be a rule to only have to read our publications to tions with foreign agents. CIA agents were
that extent. obtain information highly valuable to "inserted" in, some of these organizations,
I hope the committee will get a prom- them. some mail between American citizens and
Communist correspondents was read, and
ise in advance that no one is going to About 12 years ago when we had the files-largely furnished by the FBI-were
write a book-that nos spar e le. In addi-
iroing to write a book, or ~a~i dlzrn~al art rllge~n agent;; a P h i a~kr ~m-elm er 7 MRo i y saaiid re pr a~m~ir olved physi-
 Approved For Release 2005/04/27: CIA-RDP77M00144R00120004000.8-0
January 27,, 1975 CONGRESSIONAL RECORD -- SENATE
cal surveillance, wiretaps and break-ins di-
rected at CIA personnel suspected of security
leaks and, in a few cases, those who were
thought to be receiving the Information.
In Colby's opinion and that of his imlmedt-
ate predecessor, Defense Secretary Jarries R.
Schlesinger, the CIA, in this period,. may
have overstepped the strict limits of its
charter. The various acts have been labelled
as "'regrettable" or "Inappropriate" or-in
the case of Colby-the result of "a miscon-
ception of the extent of the CIA's authority."
Richard Helms, who was CIA director during
most of the period of anti-war fervor, stoutly
denies any impropriety on his part. The dif-
ference In judgment reflects more than any-
thing else the change in climate in the last
two years.
But surely a large part of the problem lies
in the ambiguity of the charter of the CIA,
written by Congress in 1947. In setting up
the agency, Congress ruled that it should
have no "police, subpoena, law enforcement
powers or Internal security functions" with-
in the United States-this area being, strictly
reserved to the long-established FBI.
How realistic and workable this prohibi-
tion was is sharply illustrated by the events
under investigation. Despite the prohibition
against domestic spying, the director of the
CIA was also made "responsible for protect-
ing intelligence sources and methods from
unauthorized disclosure." He was also In-
structed by Congress to "perform such other
functions and duties relating to intelligence
affecting the national security as the Na-
tional Security Council may from time to
time direct." Between them, it can be argued
that these directives provide ample justifica-
tion for the activities being denounced as
"illegal." And the evidence is reasonably
clear that a number of former directors be-
lieved this was indeed the case.
Clearly, the first objective of the current
Investigations must be to spell out more
clearly the rules under which the CIA-and
other intelligence agencies as well-are sup-
posed to function.. If all domestic counter-
csplonage is to be more severely restricted-
as seems to be the mood of the liberal major-
ity-Congress will also have to figure out how
the CIA is to protect its "sources and meth-
ods from unauthorized disclosure" One ob-
vious way, of course, would be pass a law
snaking it a crime for former CIA agents to
write books, But this would not solve the
larger problem of trying to separate domestic
and foreign intelligence into neatly separate
operations.
Mr. STENNIS. Mr. President, how
much time do I have remaining out of
my 20 minutes?
The PRESIDING OFFICER (Mr.
Dorrtrnci). The Senator has 2 minutes
remaining,
Mr. TOWER. Mr. President, I yield 10
additional minutes to the Senator from
Mississippi.
Mr. STENNIS. As I understand, that
will leave me 12 minutes.
Mr. President, may we have order?
The PRESIDING O~ffTCER. The Sen-
ate will be In order,
Mr. STENNIS. Mr. President, my main
plea today is for the protection of for-
eign intelligence and intelligence sources.
T Think all other matters (1o not add up,
in the. range of importance with the
CIA's operations, to compare with this
collection- of foreign intelligence.
I appreciate very much the sentiments
expressed on the floor of the Senate as
to the necessity for CIA and other Intel-
ligence agencies, but that view is not
shared by all the people and is not under-
stood, either, by all the people. There is a
great deal of sentiment, even under-
standing sentiment, that would question
the necessity for the CIA, or the pro-
priety of having it.
Another thing, Mr. President, is that
this is not a political issue, and CIA is
not a political agency of any kind. It
serves one President after another, as
they come. It makes no difference which
party that President belongs to and has
nothing to do, with political matters.
Primarily, CIA is a Government agency
collecting foreign intelligence of the most
highly sensitive nature.
To be. effective, it must be secret. If
intelligence facts are disclosed, they often
lose all of their value. If an adversary
merely infers that we have certain in-
telligence, often it is no longer of value.
An illustration would be work on a
code.
The purpose of gathering intelligence
is to learn Intentions and capabilities.
The first extensive foreign Intelligence
act ever passed by the Congress was In
1947. Called the CIA, it has come a long,
long way In the past 26 years. For 11-
lustration, we no longer argue about a
missile gap, or a bomber gap.
In the broad and essential fields, the
CIA has done an extensive and effective
job in dealing, with enemy capabilities
and intentions.
As we go through Investigations, let us
keep In mind the dangers from expo-
sures. Exposures can be a matter of life
and death to Americans abroad as well as
friendly foreigners. This opinion is
strongly shared by many highly respected
persons, including Director. Colby, who
have been a part of the operations and
know the facts first-hand. Friendly gov-
ernments and friendly foreigners will
greatly reduce, if not terminate their co-
operation and assistance. They already
have. The information flow has been
greatly reduced. Our relations with other
nations have'been strained. Exposure of
sensitive facts through hearings, through
pressures, through staff members,: or
through other sources, regardless of the
good Intentions of the actors, comes at a
price we cannot bear..
In a time of nuclear weapons, with the
power to deliver warheads on target from
continent'to continent, we must have re-
sponsible information from many foreign
sources. Further, our ships at sea, our
military manpower scattered throughout
the world in support of many commit-
ments voluntarily made, are all in need
of the fruit of intelligence - gathered
around the world.
The President, all Presidents, have to
have this worldwide intelligence in for-
mulating foreign policies, including trade
and other economic policies formulated
with nations around the world.
Intelligence comes from several
sources, but much of it comes from our
CIA agents abroad. In my travels, I have
found them to be excellent men, capable
and loyal, with a, steady stream of highly
valuable. and responsible information.
They seldom get credit for anything.
They often get blamed-but by and
large, they continue to carry on.
One purpose of my remarks today is to
say a word of encouragement to those
men; to tell them they are appreciated,
and to ask them to carry on under highly
adverse conditions.
From some of this Intelligence, we
make decisions in the Congress as to
military weaponry. We often save great
sums of money, because this Intelligence
lets us know what weapons to avoid
building as well as what weapons are
most probably needed. Without the in-
telligence gained under the CIA direc-
tion, we would not have known of the
missiles in Cuba until they were actually
fully installed and we were directly un-
der the gun.
Indeed, U.S. intelligence, on which the
CIA sits at the top, has come a long way
over the past two decades. We have
reached the point where the SALT agree-
ment is possible, because we can now
verify what they have in being.. A num-
ber of other treaties have also been pos-
sible, because of our vertification process.
Under Director Colby, I feel that the
CIA is now operating in a fine way, en-
tirely within the law. I shall do my part
in keeping it that way.
The organic act creating the CIA needs
some amendments which tighten up the
present law. Our committee has given
some major amendments which I Intro-
duced in late 1973, special attention in'
1974. 1 assisted Senator PsoxMIRE with a
similar major amendment offered by him
to the military authorization bill. It
passed the Senate with my active sup-
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 started.
We shall continue our efforts on that
amendment and others.
'We may have certain intelligence of
great value to us. But if it is known to
our adversaries that we have -it, or If
they suspect that we have it, then it
turns to ashes in our hands and is' of..
no value whatsoever.
Illustration: Hundreds of millions of
dollars invested In electronic devices can
become valueless overnight if it be-
comes known we have such devices.
Our committee shall continue to exer-
cise committee jurisdiction on legisla-
tion regarding the CIA, and also exer-
cise surveillance over its operations, and
such other activities connected therewith
as may he necessary.
We shall continue to have the Senator
from Montana (Mr. MANSI"IELD), and the
Senator from Pennsylvania (Mr. ScorT),
the Democratic and Republican floor
leaders and hence representing all of
the Senators, invited to all of our meet-
ings regarding the surveillance of the
CIA. I have discussed this with the Sena-
tor from Montana on last Thursday and
he expects to attend. The Senator from
Pennsylvania attended our session last
Thursday.
The CIA, of course must operate within
the law, but I want to emphasize to all
of my colleagues and to the American
people that foreign intelligence supplied
by the CIA is absolutely necessary for our
President and his close advisers, includ-
ing the top officials of all of our military
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5974
CONGRESSIONAL. RECORD-SENATE January 27, 1975
services, both those in civilian and mili-
tary positions. In modern times this in-
formation is not merely needed, it is es-
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 I
propose to do just that in the future. I
shall not shirk this duty.
'['his does not at all mean that I pro-
pose to operate a duplicate or rival in-
vestigation with any select committee.
I will make no attempt to do that, but I
will carry out the purpose, as I have
briefly outlined it here.
I thank the Senator from Texas for
yielding this time to me.
The PRESIDING OFFICER. Who
yields time?
Mr. TOWER. Mr. President, I thank
the distinguished Senator from Mis-
sissippi for his cogent remarks.
I think it would be appropriate for
me to thank him at this time for the
splendid leadership he has shown in the
Committee on Armed Services. In fact,
on numerous occasions, we have looked
in depth at some activities of the CIA
and it has not been generally known
that we have. I think the Senator from
Mississippi has always measured up to
his responsibility in the highest tradi
tion of the Senate.
Mr. President, may I inquire how
much time I have left?
'The PRESIDING OFFICER. The
.senator has 15 minutes remaining.
Mr. TOWER. Mr. President, I send to
the desk an amendment and ask that it
be stated.
The PRESIDING 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:
At the end of the resolution add a new
section as follows:
"No employee of the select committee or
uny person engaged by contract or other-
wise to perform services for the select com-
mittee shall be given access to any clas-
sided 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
he 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 lclsislative 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' amendment provided I get a fur-
ther explanation of the last sentence:
't'he type of security clearance to be re-
e
o
f r
f
such employee or person will be given access
by the select committee.
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 deterrniriation 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 shall, with-
in the discretion of the committee itself,
be commensurate with the sensitivity of
the classified. information to which such
employee or person will be given access
to the select committee. .
Mr. TOWER. I will accept that lan-
guage as a modification by the Senator
from Rhode Island.
The PRESIDING OFFICER. The
amendment will be so modified. Will the
Senator send the modification to the
desk?
The amendment, as
follows:
No employee of the select committee or
person engaged by contract or otherwise to
perform services for the select committee
shall be given access to any classified infor-
mation by the select committee unless such
employee or person has received an appro-
priate security clearance as determined by
the Select Committee. The type of security
clearance to be required in the case of any
such employee or person shall within the
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 people. We just
cannot afford to take a chance.
be misunderstood. There have been a lot
of mistakes and they have to be cor-
rected. 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 place is bugged."
"This place is bugged." Now, that-is
what the Russians are doing to us. As a
matter of fact, they did it right down
there at the United Nations. They had is
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 rightsare be-
ing violated unnecessarily. That is all we
are trying to eliminate. That is all we are
trying to do. It is as simple as all that.
I am perfectly willing' to accept this
amendment with that modification.
Mr. TOWER. The modification has
been accepted. The amendment has been
so modified.
I might say one other thing. I think
this is partially for the committee's pro-
tection. If we did not require clearance
of some sort, it is not impossible that an
alien intelligence organization could
penetrate the committee by inserting one
of its people on the committee staff. So 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 kind of "eyes only" classi-
fication, and have someone say to Ho-
ward Baker, that he can read those 8,-
000 pages, but his staff man does not
have that clearance.
Now, can the Senator assure me that
nothing that is contained in this amend-
ment will in any way deprive any Mem-
any sui..i cmp oy
e
g1nrcd u: the ca;.e o
person shalt be commensurate with the sea- Now, I am all for this study and this her of access, and his staff, if otherwise
tiitivity of the cl w>siticct infoggylti > v~ r i9' ` bb tt 4 ~l tkb /Iddf44Ko'di 0]0040008-0
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January 2:7, ' 1975 CONGRESSIONAL RECORD - SENATE S 975
Mr. TOWER. I do not perceive that it or effectively, of any Information that he receives. It would be up to the Senator
would. In other words, for the protection comes before this committee. If there in question to decide whether he was
of the staff- are 10,000 pages of classified material, I violating the rules of the Senate if he
Mr. BAKER. What does the Senator cannot read it, and the Senator cannot was on the committee and at the same
mean, he does not perceive that it would? either, or it Is unlikely that he is going time discussed any matter with somebody
Is it his opinion that it would or would to be able to. who did shot have the proper clearance.
not? I think I have that assurance. If the Am I correct in that?
Mr. TOWER. It is my opinion that it Senator from Texas will express his un- Mr. BAKER. Absolutely.
would not. derstanding that this will not be used as Mr. PASTORE. That Is* right, No one
Mr. BAKER. Does the Senator wish a device to deprive any of us of informa- disputes that.
that to be included as part of the legis- tion, then I am perfectly pleased with it, Mr. STENNIS. Mr. President, will the
lative history? Mr. TOWER. It was the intention of Senator yield for a question?
Mr. TOWER. As a matter of fact, the the Senator from Texas to establish what Mr. PASTORE. Yes.
committee itself will determine. he thinks is the minimum requirement Mr.' STENNIS. I believe the Senator
Mr. BAKER. Does he wish it to be a that we can establish; that is, some sort from Missouri was talking about some-
part of the legislative history of this of clearance for people. I noted a moment one who was not on the committee staff.
amendment that It is not his under- ago that it is conceivable that if we re- I would not think that anyone who was
standing or Intention as the author of quired nothing, the committee staff not responsible to the committee would
this amendment to create that situation? could be penetrated by an alien intelli- have access to this information.
Mr. TOWER. It is not my intention gence-gathering organization. I think Mr. PASTORE. Oh, no
to create that situation. this would be particularly true of clerical Mr. SYMINGTON. May I say in an-
Mr. BAKER. And it is not his belief help. swer to my able friend, the Senator from
that that will occur? I think that the professional staff that Mississippi, I was discussing this matter
Mr. TOWER. It is not my belief that is likely to be engaged will probably be with the distinguished senior Senator
it will occur.. But it is my intention that people who will have no difficulty getting from Tennessee on the basis of his staff;
we should not have people on the staff any kind of clearance they need. It is not and the Senator is entirely correct, and
who would be security risks. my intention to proscribe or to hobble if he is on the committee-and I read he
Mr., BAKER. We all share that con- the action of any Senator on the com- was on the committee-then it would be
cern. Let us very much hope we succeed mittee. his problem to see that the people on his
in keeping leaks from occurring alto- Mr. BAKER. Whose authority will be staff were cleared to receive the informa-.
gether. I assure the Senator that this required to gain the
l
c
earance, that of Lion on the basis of their clearance, and
will be the case as far as this Senator Is the full committee or the chairman and did not receive it if they did not have
concerned. But as far as I am. concerned, vice chairma
? '
n
adequate clearance.
I cannot in good conscience see the Mr. PASTORE. By vote of the com- Mr. PASTORE. Provided they got the
adoption of an amendment that will mittee
. permission of the committee.
make part of this, committee privy to Mr. TOWER. I should say the commit- Mr. STENNIS. It would be a commit
highly sensitive material while other tee has to meet and make its ground tee responsibility.
parts of the committee, though legally, rules pursuant to th
i
e
delines laid down Mr. PAS TORE. That is why I am writ-
as a practical matter gu
of that information. might be deprived here. Ing there "by the determination of the
Mr. BAKER. Is that the Senator's committee."
Mr. PASTORE. Will the Senator, ex- intention? Mr. BAKER. I entirely agree with that.
plain that again? - . ' Mr. TOWER. That is my intention. Does the Senator from Texas?
Mr. BAKER. Yes. Assume for a mo- Mr. PASTORE. May we have the Mr. TOWER. The determination is to
mment that the committee, in Its dis- amendment read again? be made by the committee, that is the
cretion, according to the amendment Mr. BAKER. Mr. President, one fur-- difference.
that the Senator from Rhode Island pro- ther question if T man- T+,,,.
b
n _____
s
ee
-..~,M,V. ussisTanz, or as stall.
a Q clearance. We all know there are anyone else, to help in4 a compilation or sMr11TOWER. Not for personal staff. I
some classifications beyond a Q clear- ordering of the information at hand. i think for any Information that the Sen
ante.. Suppose, the Senator's personal fully agree that then they should be re- ator gives to his personal staff, he has `
staff or select committee staff comes to quired to have whatever clearance Is the personal responsibility to determine
him and says, "I cannot gain access to required, and be fully investigated. But whether that staff member has an ade-
that last communication Director Colby I hope there Is nothing In this amend- quate clearance. My own personal policy
sent to us because the committee says ment that would prevent an
- is th
li
t
app
a
cation
nobody handles classified docu
we have to have an XQI clearance as for clearance of personal staff, and that ments an my staff unless they. have
well as a: Q clearance." I want to be sure on obtainin
th
t
g
a
clearance, they would, clearance.
that I, as a member of the committee, or in fact, be subject to the same rules as Mr. BAKER. That is the essence of my
anyone else as .a member of the com, committee staff. question. The answer to the question to
mittee, will not be thus deprived of ac- Mr
PASTORE
Th
t i
.
.
a
s correct. We do the Senator from Texas Is-
cess to any Information that comes be- that on the joint committee now. The Mr. PASTORE. We are confusing a
fore that committee. Senator from Missouri has had members very simple thing. Let us get it plain. No
Mr. PASTORE. His amendment only of his staff who have Q clearance look one can look at classified information
has to do with staff members. The Sena- at some of our classified information. unless they have clearance.
tor is saying he does not want to be They are entitled to do it, with the per- Mr. TOWER. Right,
deprived. If a. member of his staff or mission of the committee itself. Mr. PASTORE. If a personal staff
anyone on that staff that he maybe re- Every person who looks at classified member of any member of the commit-
sponsible for the committee engaging information has to be cleared. We should tee has that clearance, he or she can be
does not get the clearance from the com- be clear about that. entitled to that classified information
mittee that he must have, he cannot get Mr. SYMINGTON. Mr. President, will only if the committee gives permission.
the information. the Senator yield? Mr. BAKER. Mr. President, that is my
There is nothing wrong with that, be- Mr. TOWER. I yield to the Senator understanding.
cause he is the one who determined that from Missouri. Mr. PASTORE. That is the rule of the
he could not get it. Mr. SYMINGTON. I thank my able Joint Committee on Atomic Energy
Mr. BAKER. Mr. President, as long friend from Texas. I cannot say itmore clearly than that n.ow.
as I am assured, which is the only thing As I understand it, whoever is cleared, Mr. BAKER. Is that correct?
I sought, that the concern that I ex- whether lie he on the staff or off the Mr. TOWER. That is correct, and the
pressed was not the intention of the staff, is cleared for the information. He
Policy of the amendment, I will be sat- is cleared for the information on the oreon wbe set the . I se
hy abmajority oflthe om-
isfied I do not want to be deprived, legally basis of the nature of the clearance that mittee cannot work it out satisfactorily.
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S 976
CONGRESSIONAL 'RECORD - SENATE January 2-7, 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 OFFICER. The clerk
will read the amendment.
The legislative clerk read as follows:
At the end of the resolution add a new sec-
tion as follows.,
"No employee of the select committee or
any person engaged by contract or otherwise
to perform services for the select committee
shall he given access to any classified in-
formation by the select committee unless
such employee or person has received an
appropriate security clearance as determined
by the select committee. The type of secu-
rity clearance to be required in the case of
any such employee or person shall within the
de termination of the select committee be
commensurate with the sensitivity of the
classified information to which such em-
ployee or person Will be given access by the
select committee."
The PRESIDING OFFICER. The Sen-
ator from Rhode island has 30 minutes
remaining.
Mr. CRANSTON. Mr. President, will
the Senator yield?
Mn PASTORE. I yield.
Mr. CRANSTON. The Senator from
Rhode Island, I think, has performed a
very useful service in making plain that
the second part of this amendment is
finally in hand for decisionmaking pur-
poses of the committee.
Mr. PASTORE. That is correct.
Mr. CRANSTON. But the first part
creates a similar problem.
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 respect 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 assume, try to hold down the staff
to zero, but they might improperly with-
hold or delay security clearances.
Mr. PASTORE. The Senator from
Montana just asked the question and I
answered it. It is not up to any agency
executive; it is up to the committee.
Mr. CRANSTON. Who is going to give
clearances, the committee or the execu-
tive?
Mr. PASTORE. The committee is going
to determine whether the clearance is
adequate and sufficient.
Mr. CRANSTON. If a staff person that
the committee: wishes to use is denied
clearance by the executive branch can
the committee override and decide they
are going to hire that person?
Mr. PASTORE. Well, in an extreme
case, I would have to answer the Senator
in the affirmative, but I mean, after all,
I do not anticipate that. I do not antici-
pate that trouble.
Mr. CRANSTON. I did not anticipate
it generally. I think we might anticipate
it in regard to certain individuals who
might render invaluable service to the
committee but who might be preferred
not, to be on that committee Staff by one
or another of the agencies we are talking
about.
Mr. PASTORE. Is the Senator saying
to me if for some capricious motive some
executive department refused to grant
a clearance, the- question would arise,
would that put that individual out of
commission?
Mr. CRANSTON. Yes.
Mr. 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 MANSFIELD and
MATHIAS, and as a strong supporter of
this legislation offered by Senator PAS-
TORE, I believe this resolution to set in
motion a responsible study of the intelli-
gence activities carried out by or for the
United States is of tremendous impor-
tance.
In supporting the creation of a select
committee, as in sponsoring legislation
to establish a permanent Joint Commit-
tee on Intelligence Oversight, let me em-
phasize that it is not my intention to
criticize the distinguished chairmen of
the Armed Services Committee or the-Ap-
propriations Committee, or the ranking
minority members of those committees.
They have done an admirable job in
carrying out the'diverse duties and re-
sponsibilities of leadership on those com-
mittees. In my view, however, the far-
reaching operations of the some 60 Gov-
ernme.ht agencies which conduct an in-
telligence or law enforcement function
demand the careful scrutiny of a select
committee created for that Purpose and
charged with that responsibility.
Some have argued that Congress can-
not be trusted to participate in the crit-
ical and terribly secret operations of the
intelligence community. They cite the
fact that Washington has become known
as a city of leaks. I suggest, though, that
critics are losing sight of the explicit con-
fidence in which Congress has dealt with
national security agencies of the highest
order in the-past.
In our past national conflicts, during
World War I, World War II, the Korean
war, and the war in Vietnam, the rule
has been confidentiality where required.
I ahn proud to serve on the Joint Com-
mittee on Atomic Energy, a committee
which is so ably chaired by the sponsor
of Senate Resolution 21, Senator PAS-
TORE. I believe I. am correct in saying
that, in more than a quarter century,
there has never been a security leak from
the joint Committee, which daily deals
with what are perhaps the most sensi-
tive materials in the entire- annals of
the defense establishment. It is evident,
then, that ample precedent exists for
congressional participation in. such a
sensitive area. I am not impressed by
those who contend that Congress is not
to be trusted with the truth.
A balance must always be made be-
tween the requirements of. a democracy
for public knowledge, and the require-
ments of its security and defense. When
a doubt arises, the people's branch of
Government must be privy to those re-
quirements and. the pertinent informa-
tion required to make. a balancing judg-
ment. -
The outcome of the select committee
inquiry, obviously, cannot be foreseen.
I pledge my personal efforts, just as I
know the other members of -the select
committee will dedicate their efforts, to
seeing that our job is done thoroughly
and that we follow the facts wherever
they lead without fear or favor. This res-
olutipn charters neither a. whitewash nor
a witch hunt; it does establish a select
committee to carry out a sensitive mis-
sion. as fairly and as even handedly as
possible.
It is not my intention to carry out a
vendetta against. the Central Intelligence
agency, or against any established intel-
ligence agency of our Government. I be-
lieve that the CIA, the FBI, and other
agencies are necessary to the security of
our national institutions whenthey per-
form their proper functions.
Serious allegations have been made,
however, and it is the responsibility of the
Congress to weigh the charges, find the
facts, and determine what remedial ac-
tion, if any, is necessary to make sure
that an effective intelligence program is
maintained without endangering the
rights of our citizens.
Mr. President, I shall not detain the
Senate long. Everything has been said
which should he said, I believe. I am
pleased and I am gratified and enthusi-
astic about the action that I believe the
Senate is about to take. I think that it
signifies diligence and sensitivity and the
recognition of a necessary national pur-
pose. It speaks well of the viability of
this group as a great deliberative body
in support of the executive branch of
Government.
I have no quarrel with the CIA. I cer-
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January 7, 1975 CONGRESSIONAL' RECORD - SENATE
tainly have no quarrel with the Senate I pledge, as well, that the public's right Mr. HATFIELD. Mr. President, will the
Armed Services Committee or Its distin- to know is second only to national sur- Senator yield? .
guished chairman. This resolution, how- ' vival, and that when we are finished with Mr. PASTORE. I yield to the Senator.
ever, is drafted so that it extends far be- the private portion of . these hearings Mr. HATFIELD. Mr. President, I send
yond the CIA, to the entire Intelligence there will be a public disclosure, a public an amendment to the desk and ask for its
apparatus of this country. Some of my declaration including the good and bad,. immediate consideration.
colleagues may be interested to know recent and in the past.
there are 60 agencies of the U.S. Gov- It is a terrible time we are in. We have The PRESIDING OFFICER. The
amendment be ,
ernment.that conduct some sort of intel- not had a President who has completed The legislative will clerk stated. ligence or law enforcement responsibility. his term, in a sense, since President Ei- At the end of he clerk read
resolution add There are 16 agencies of the Government senhower. These are turbulent times tin as followsP the a new sec
conducting intelligence operations other when we have set about the business of SEC. 7. As a condition for employment as
than the CIA and the DIA, Defense In- investigating ourselves to the point where described in Section 3 of this Resolution,
telligence Agency, and the FBI, which sometimes I think we are devouring our each person shall agree not to accept any
have a combined budget of over a billion public officials, our leaders. honorarium, royalty or other payment for a
dollars a year. The intelligence of the When 'I permit myself the luxury of speaking engagement, magarwine exticl, book,
Federal Government is an enormous thinking that, sometimes it also dawns or other endeavor connected with the Investi-gation business. on me that the investigation has been mhte and study undertaken by this com-
I became concerned about this. matter pretty productive, and we have got to do ittee.
in the course of Watergate. The stories this one, too, not because we are bent on Mr. PASTORE. I will accept this
which have appeared in the press and political cannibalism, but because it has amendment, Mr. President.
been related by others to me since that to be done. The PRESIDING OFFICER. The ques-
time have done nothing" to allay that I believe, Mr. President, that It will be tion is on agreeing to the amendment of
concern. It is important, I believe, that done, and done effectively. the Senator from Oregon.
we have a thoroughgoing investigation to I pledge my efforts in that respect The amendment was agreed to.
determine whether or not the agencies and I serve notice, as well, that I will de- Mr. HATFIELD. Mr. President, I send
involved in the intelligence activities of vote every ounce of my energy to seeing up another amendment for the purpose
the Government are complying with the that. we find all the facts and pursue of colloquy.
requirements of the law. them, wherever they lead us. The - PRESIDING OFFICER. The
But maybe-just maybe, Mr. Press- It is far too late in my political career amendment will be stated.
cleat-there is one other thing that we to worry about whom I might hurt or The assistant legislative clerk read as
need to do to reassure not only Congress who might be injured. follows:
but the people of this country, and that Mr. HATFIELD. Mr. President, will the On page 4, lino 4, insert after the word
is to make sure that the intelligence com- Senator yield? "agency" the following: "or any Committee
munity and, of course, to some extent Mr. PASTORS. Have we voted on the or Subcommittee of the Congress."
. On the law enforcement community, is un- amendment? age ipage 5the line 1w ig: "t after the word
der somebody's control. They are not au- The PRESIDING OFFICER, The ques- tees or Subcommittes of the Congress"
mit-
tonomous entities within a representa- tion is on agreeing to the amendment of
tive democracy, as I am sometimes the Senator from Texas, as modified by Mr. HATFIELD. Mr. President, I
tempted to suspect, the Senator from Rhode Island. would like to ask the Senator from Rhode
We are not talking about a Republican The amendment was agreed to. Island a question because I may with-
national administration or a Democratic. Mr. TOWER. Mr. President, will the draw the amendment after I have the
I rather suspect that some of the prat- Senator from Rhode Island yield to me? record made on the problem that con-
tices that we. see discussed in the public Mr. PASTORE. How much time will cerns me so greatly.
forum began a long time ago, and maybe the Senator require? As a member of the Rules Commit
included ac tivities. going all the way back, Mr. TOWER. A couple of minutes, tee, I am aware that we have brought
possibly, to the Eisenhower administra- Mr. PASTORE. All right, before us the requests from various com-
tion, the Kennedy administration, and Mr. TOWER. Since I have run out of mittees and subcommittees in the Senate
the Johnson administration. i think, Mr. time. for the budget to operate that committee.,
President, one of the major undertakings Mr. PASTORE. OK: Internal of this committee ought to be to talk to
NYr - - n The Committee the udbco ry, dur-
the last surviving ex-President we have . TOWER. I have an amendment of the Committee on the Judiciary, dur-
and is examine the records that are here which I will either offer or not offer. ing the presentation of their budget re--
available to its to determine whether or It is copied directly out of the resolution quest on February 27, 1974, indicated
a that authorize
n
d the select committ
ot the Preside
t
th
f
fo
S
n
o
ee
nited
t
the utes
r
at they kept records on various people
the investigation. - in thiq non-+r..
knows What is aoinv on in flin OTA +I,-
DIA, and the FBI. It simply says: through intelligence activity. They had
The minority members of the select com- files, names of people that could be con-I want
reassured
that
respect
ave
one and I confess I e am not now, I suppose we sionaestaffiofxthe se ectcomm committee the proles- sidered rs suspicious, and other such
would 'run into the questions of our ing a Minority counsel (includ- characteristics as they indicated to our
friendly adversaries on executive privi- clerical staff as may be ) and such equa epart of the c My n y
lege and executive powers with respect not matter point is that I realize mthat m this
to those Presidential powers. I know for- Mr. PASTORS Why not leave that to is not a matter of one Senate committee
the committee? investigatin
finer President Harry Truman declined to I think- g other subcommittees or
grant certain information after he left "n estigat where we have the word
-
olflce, but I think we ought to try. We Mr. TOWER. The Senate resolution re- investigation" on page 2 of our resolu
ought to find out not whether the CIA, quires 30 percent, i believe. tion today, however, we have some vari-
for instancewas of whether PASTORE. Yes. ors generalities as to what this commit-
, in domestic Mr. TOWER. If the Senator from tee's authority may include.
surveillance, but whether somebody was Rhode Island will simply assure me the A ime running the show. I know Congress was minority will get adequate staffing--- look into, of c urse any agency which is
not running the show; and I want to be IVIz?. PASTORE. It will he up to the carrying out intelligence or surveillance
relieved of that shuddering fear I have
tha the f the house was doe, either. ha committee itself. I will not have any au- activities on behalf of any agency of
St I pledge, if I House
a member of thorn over the committee. 'the Federal Government.
committee, that I will conduct it as this Mr. TOWER. I think an undertaking i would like to ask the Senator from
erectly and privately as I can coinmen- by the majority on the committee. laliga,ge is
sura.te with my responsibility. Mr. PASTORE. All right, so I under- I nesli8 and 9,broa
enough, on pae 2,
to include t he re iewing of
I pledge that we will be careful to tame it. the activities of the Inrnal
preserve our legitimate intelligence in- Mr. TOWER. I thank my friend from Subcommittee of the Committee ontthe
terests. Rhode Island.
Judiciary of the U.S. Senate, as it might
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S 978 CONGRESSIONAL RECORD-SENATE January 27, 1975
relate to surveillance activities or gather- "(16) Whether new legislation or an The PRESIDING OFFICER. The
ing of intelligence. amendment taany existing legislation should amendment is withdrawn.
Mr. PASTORE. Well, I mean, if they be enacted to strengthen the national secu- Mr. CRANSTON. Mr. President, will
so determine. I do not see how that is rlty, intelligence or surveillance activities of
the United states." 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 Mr. BARTLETT. Mr. President, the regarding his amendment.
here in the Senate, as well. But this is amendment adds to section 2? beginning I 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 auth- deny a member of the select committee
that they could, but I would not want to orizes and directs the select committee to staff of the knowledge of the existence
amend the present resolution as it now make a complete investigation with re- of a classification designation or a existence
stands. spect to the following matters, or ques- fled program. I ask that in light of the.
Mr. HATFIELD. Would the Senator tions. It adds the question of whether fact that many documents and pro-
have any objections to the latitude and there needs to be any bill introduced or grams 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 tional security, intelligence or surveil- is classified.
of activities of the Internal Security Sub- lance activities of the United. States. to the Senator
committee, to see how it is collecting I am aware, as the Senator from Rhode Mr. I May I believe say to already
California r up
data? Island knows, that section 4 on page 10 from . TOWER.
e
committtee to ddetquestion. It would
Mr. PASTORE, Well, if they have done of the bill authorizes the select commit- answered We that
what kiup
things as had as the CIA or FBI, if it is tee to recommend the enactment of any to nso the
is reto e ermine will k an
so determined, I do not see why any new legislation or the amendment of any of clearance
se matTha for the
Senate- committee should be immune. existing statute which it considers-neces- committee. internal ce l housekeeping
But the n equi
- uidelinte should the
T mean, we have got to treat ourselves nary for these purposes. laid down. I believe the committee would
as we expect to treat everybody else. But I want to be assured that the ques- want to be protected. I mentioned as a
Mr. HATFIELD. Mr. President, I am tion will be answered by the committee, worst case theory awhile ago that per-
awhi hat per-
very happy to hear the Senator say this, and to know that in case there was no r a eot intelligence-gathering
because it would seem to me- if we are forthcoming legislation that there would h in the absence any in-
basically concerned about the abridge- be a definite and definitive answer as to organization, lean as our part, could
one clearing
of its ngingop on into our part, could
ment of civil rights of our citizens whether this question had. been reviewed telligence
through the action of gathering intel- and answered. by the committee in its insert and its people
actually penetrate the commit-
ligence, and so forth, of executive agen- recommendation. tee sert rt oe e staff would be of ate the cable
cies, we should be doubly concerned Mr. PASTC)RE. I would luppose so, roar. . That That
about the procedures used by one of our otherwise this whole investigation would eembarrassment s t u sponsorship the the commimittee em-
own subcommittees- of the U.S. Senate. be a nullity. was. I think we soihave that per-
I, for one, am not satisfied with the In other words, if nothing was found son protection.
answers I received from the chief clerk' and nothing was wrong, and naturally, fact, the country
y
of that subcommittee as he- appeared of course, they had given a bill of en- In should have addition to that that
protection. fact, I believe country
before our Rules Committee. dorsement, we would have to change
I would like to think it is- understood nothing by legislation. have a public responsibility to make sure
that the resolution certainly carries with On the other hand, if certain authority that the people that we put in these staff,
it enough authority for that committee was exceeded or the agencies went be- positions are going to be people whose
under this resolution to look into these yond the parameters of the present char- sense of discretion- and loyalty are be-
activities of the Internal Security Sub- ter and got us mixed up in Laos, gat us yond question.
committee, if someone brings. that issue mixed up in Chile? got us mixed up in Mr. CRANSTON. I admire the Sen-
up before the committee. Cambodia and other parts of the world, uator's efforts to cut off such dangers.
Mr. PASTORE. Or any other com-- where they had no authority without Since there is no law that gives the Exec-
mittee. - the consent of Congress, in that particu- utive the power of clearance or denial of.
Mr. HATFIELD. Or any other com lar case, the committee would come back clearance,. since that is done by Execu-
mittee, but this one committee is already and make a recommendation, if they tive-order, whatever rules the committee
involved. would find it necessary to do so. writes will govern what happens in this- -
Mr. PASTORE. But that is not the I would hope, without encumbering area,
thrust, I want to make it clear, not the this with duplicate language, that we Mr. TOWER.. This is correct. It is the.
thrust of this resolution, but it would be would understand that these are legisla- committee's baby..
encompassed in it because it is broad in, tive words of art when it says the select Mr. CRANSTON.. I thank the- Senator.
scope. committee shall have authority to recom- Mr. PASTORE. Well, let us see if we
Mr. HATFIELD. I understand, but I mend the enactment of any new legis- cannot put the baby to Well, sleep. I see if we suggest
would not want to exclude one of our lation. They have the authority. I would can absence of a quorum.
own subcommittees, if we are so anxious hope that they would exercise it. the absence
Will the Senator with-
is investigate the executive agency. That Mr. BAR'ILETT. Will the Senator Mr.
is why I am raising the question. Con- yield? - hold that for a minute and yield. to me?,
gress should look at its own intelligence Mr. PASTORE. What the Senator Mr. PASTORE. I yield.
gathering and file keeping also. wants to do is to say that they have to Mr. TOWER. Mr. President, in the Fri-
Mr. PASTORE. That is right.' make a recommendation one way or the day, January 24, issue of the Arizona Re-
Mr. HATFIELD. Mr. President, I with- other. public, William P. Maloney, Jr., a former
draw my amendment. Mr. BARTLETT. I am sayiLng, if I may ambassador to Ghana and a good Dem-
The PRESIDING OFFICER. The say to the Senator from Rhode Island, ocrat who insists that CIA regulation is
amendment is withdrawn. that they shall make a determination of long overdue, he states that:
Mr. BARTLETT. Mr. President, will whether or not there is legislation needed In the approaching investigations, it is im-
the Senator from Rhode- Island yield to to strengthen the national security, in- portant to keep two things in mind: That a
telligence or surveillance activities, that competent intelligence branch is essential
1ne `l minutes? to our survival and that the CIA, with all its
Mr. PASTORE. I yield 2 minutes to they shall make that determination. Is faults, is one or the best, if not the very best,
the Senator. . the Senator assuring me that they will organizations of its kind around. So let us
Mr. BARTI,ETT. Mr. President, I call make that determination in deciding not throw the baby out with the bath.
whether or not they will avail themselves
up my amendment. of the authority of section 4? I ask unanimous consent that his letter
The PRESIDING OFFICER. The Mr. PASTORE. I would hope so. i in the Arizona Republic be printed at this
amendment will be stated. would hope so. point in the RECORD.
The legislative clerk read as follows: Mr. BART'LEi'T. With that assurance There being no objection, the letter
To Section 2 add a new subsection as fol- from the Senator from Rhode Island, I was ordered to be printed in the RtcoRo,
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January 27, 1975 CONGRESSIONAL RECORD - SENATE S 979
CIA REGULATION LONG. OVERDUE vening years, the statutory authority of Today, with the leadership of the dis-
As a former diplomat, I have -followed re- the CIA has apparently been modified tinguished senior Senator from Rhode
cent news on alleged involvement of the CIA and expanded by a .series of secret ad- Island and the esteemed majority leader,
in domestic affairs with special concern. ministrative actions, Executive orders,. and the many other Members of this
Clearly, congressional oversight and appro-
priate regulation of the agency are long over- and National Security council actions. .body who have labored for this change,
due A recent best seller on the subject "The As a result, the CIA now has a "secret we can take a vitally significant step by
CIA and the Cult of Intelligence" by Mar- charter" which may be vastly different the creation of.a Senate Select Commit-
chetti & Marks, the accuracy of which is from the original statute passed by Con- tee to Study. Government Operations
generally recognized, makes a compelling gress-and even those Members of Con- with Respect to Intelligence Activities.
case in this regard. gress with oversight responsibilities for This select committee is similar in re Is
eno voThel not only lthe blame ios taint all In- CIA cannot say with confidence what many respects to a proposal offered by
administrations and especially a pliant and is in the secret charter. I hope the select Senators MANSFIELD and MATHIAS which
gullible Congress. Additionally, the agency committee will focus a major inquiry in was referred to the Committee on Gov-
operates under a vague grant of powers this area, and will untangle the various ernment Operations. The Subcommittee
which fails to define what is "domestic" and provisions of the secret charter and In- on Intergovernmental Relations, which I
what is "foreign," lot alone providing guid- sure that our basic intelligence author- chair, held hearings on December 9 and
ante for what falls in either category when ity is embodied in a new statute, passed 10 on that and other proposals to
it involves legitimate intelligence operations. by Congress, rather than in a series of strengthen congressional oversight of in-
But in the approaching investigations, it secret documents. In a free society, the telligence activities.
is important to keep two things in mind: entire concept of a "secret charter" is an While we will continue to explore the
that a competent intelligence branch is es-
sential to our survival, and that the CIA, intolerable contradiction in terms and long-range congressional needs for a
with all of its faults, is one of the best, if must not be permitted. more permanent oversight mechanism, it
not the very best, organizations of its kind Third, there are numerous indications is essential that we have a select com-
around, that the intelligence community-and rnittee study what has gone before us and
So, let's not throw the baby out with the particularly the CIA-has expanded its to measure past activities ofour intelli-
bat .Hopefully, lin the Corning as the months both functions into rlonintelIigence areas, gence agencies against the laws which dom
estic ture and role freedom
this excellent as well l organization- str c- creating a shadow government, dupli- authorized them.
will .be strengthened. eating and even superseding the activi- For many years now we have been
Mr. SCHWEICKI R. Mr. President, I ties of other Government agencies. I re- given constant assurances by the Central
would like to commend the distinguished trcently disclosed an act proposal, asking unclassified, firms to genceigagee Agency and other a be n
majority and minority leaders for their conduct industrial espionage forthcoming agencies
that Congress have the
decisive action in moving against our fothming to the Congress through the
to establish a NATO allies and others, to determine appropriate channels such as the present
select Senate committee to investigate their future plans in the area of ground oversight committees. Unfortunately,
the recent charges involving various Dr- transportation. Certainly we have a legi- events of the past few years, and more
ganizations within the U.S. intelligence timate Government interest in this area, particularly of the past few weeks, ap-
community. I had introduced my own but it should be pursued openly, by the pear to suggest that there is an instinct
legislation in this area, Senate Resold- Department of Transportation or Com- on the part of these agencies to withhold
tion 6, cosponsored by my colleague from merce, rather than covertly by the CIA. information from the Congress to protect
Wisconsin (Mr. PzoxaiiRE), and I am And in response to my disclosure, our themselves.
pleased that the Senate has decided to NATO allies said they would be happy In the past, proposals from the Con-
move forward with a similar proposal. to share information of this nature with gress, from scholars and from Presiden-
I think it is appropriate to empha- our Government and in fact, are now tial task forces have been met with little
size four points in connection with this. doing so, thus eliminationg any need for more than indifference. Certainly public
First, this Nation vitally needs an effec- CIA. activity. I hope the select commit- opinion and opinion in the Congress have
tive intelligence service. No one disputes tee will explore intelligence community changed.
that, and I am confident no one in this activities in- this area, to determine to In recent years we have seen alarming
body would support any action which what extent a shadow government evidence that the FBI has spied on Con-
would undermine the effectiveness of has in fact been created, pursuing nor- gressmen and on domestic political
Government organizations performing mal Government functions in secret, groups. The President has acknowledged
legitimate, necessary, intelligence func- simply to avoid congressional oversight that the CIA mistakenly became involved
tions. In the 14 years I have served in and accountability.
the House and Senate, I spent 10 years I Finally, I think it should be enrpha- evidence of military nagentse spy nghon
as a member of the Armed Services Com- sized that the CIA represents only about civilians on behalf of an agency created
mittee, both in the House and here in the 15 percent of the entire U.S. intelligence by Department of Defense directive. The
Senate, and that experience convinced effort. Recently, this has been the most list goes on.
me of the necessity for an effective in- visible 15 percent, in view of press dis- The creation of a select committee to
telligence organization. closures, but certainly no responsible explore these allegations. and activities
But second, and equally important, it congressional evaluation in this area can as well as the overall activities and re-
fs the responsibility of the Congress to take place without inquiry into all facets sponsibilities of the entire intelligence
define legitimate intelligence activities, of the U.S. intelligence community. My community represents an objective re-
and to establish guidelines which the ex- bill specifically authorized inquiry into sponse by the Senate to difficult and
ecutive branch must follow in conduct- all U.S. intelligence agencies, and I would complex circumstances. It is not a call
ing intelligence activities-and then to hope the select committee bill adopted for a witch hunt, It is an assumption of
see that these guidelines are enforced. today will have similar broad authority. responsibility.
The intelligence community, like every Mr. MUSKIE. Mr. President, the reso- This is an undertaking of the greatest
other sector of our free society, must lution before the Senate is the product Importance. It is one which has the
be subject to the rule of law-and in of long and thoughtful concern over the strong support of most of the Members
fact, because of the unique nature of role of intelligence agencies in a demo- of this body.
intelligence activities, it is fundamental cratic society. Nearly 20 years ago, the It is essential that this select commit-
to the integrity of our free institutions distinguished majority leader urged the tee begin now to obtain answers to the
that the intelligence community respect Senate to adopt a related measure to many questions which have been raised
the rule of law, exercise its responsibility for the activi- in the short run about the recent dis-
Unfortunately, the Congress has not ties of our Nation's intelligence coin- closures and allegations and in the long
been as vigilant in this area as it should triunity.
have been. Despite nearly 200 legisla- Since the adoption of the National Sc- of xl all of tour intelligen ed fathering
tive proposals, no major legislation re- curity Act, there have been more than agencies.
garcling our intelligence community has 200 attempts to establish separate and The committee should address the
been passed since 1949, when the original broadly based intelligence oversight question of how we can balance vital
CIA charter was amended. In the inter- committees for the Congress.
national security needs with the public's
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CONGRESSIONAL RECORD - SENATE January 27, 1975
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 way 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.
'.t'he committee should explore still un-
answered questions about the use of in-
telligence agencies in the Watergate
incident and any other instances where
agencies exceeded their authority.
The committee should examine the
existing laws and procedures for review
of their implementation and recommend
nacessaly changes.
Finally, the work of the committee
should serve as a basis for restoring pub-
lic confidence in the integrity and quality
of our intelligence agencies.-
In the December hearings before the
Intergovernmental Relations Subcom-
mittee, Senator BAKER testified that as a
member of the Senate Select Committee
on Presidential Campaign Activities he
was told at one point in his investigation
that the CIA would supply no further in-
formation to the Watergate committee
but instead would supply all of the in-
formation to their regular oversight
committees. Senator BAKER went on to
ay:
That effectively ended the Watergate Com-
mittee's inquiry into CIA involvement.
rased on the explanation by Senator
T-IANSFIELD and Senator PASTORS on the
day Senate Resolution 21 was introduced,
there should be no question about the
right and the authority of this commit-
tee and its staff to obtain any informa-
tion which in any way affects or relates
to the intelligence activities of the Gov-
ernment.
As the able majority leader stated so
well:
. . . it should be made clear that this
committee will only he able to perform its
function effectively if the provisions of this
resolution are liberally construed by com-
mittees and by the agencies which are the
n bjects of its investigation.
Nothing should be able to be used as
bar to a thorough investigation-
neither the system for classifying na-
tional secrets nor the provisions of the
National Security Act itself.
S am confident that the members of
this committee will use this authority
judiciously with the utmost concern for
preserving and improving the institutions
they are charged to examine.
It has taken us a long time to reach
this important point but the effort prom-
to bring forth fruitful and construc-
tive change.
?1r. PACKWOOD. Mr. President, early
last week the Senate determined to take
an active role in the investigation of al-
leged misconduct by the CIA and the
FBI. Legislation was offered to establish
a Watergate-like select committee to
thoroughly examine these allegations
and determine their validity. We are go-
ing to vote on that legislation this of ter-
noon and I intend to support it.
In addition to the CIA and the PBI,
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 poll-
ticians at the 1964 Democratic Conven-
tion. Who, Mr. President, sanctioned
these wiretaps? Who suggested to the
CIA that they assist E. Howard Hunt
with his masquerade for the purpose of
clandestinely breaking into the office of
Daniel Ellsberg's psychiatrist-a pat-
ently illegal act? Who put together the
Huston plan to infiltrate dissident
groups for the purpose of gathering in-
formation on them.? These are questions
that need to be answered and I trust that
in the course of the select committee's
investigation they will be.
Mr. President, the collection and cata-
loging of information on individuals--
without their knowledge or consent-has
always been abhorrent to the American
people. It is, at a minimum, a violation of
the constitutional right to privacy as
guaranteed by the fourth .-amendment
and, at maximum, a threat to one's lib-
erty and freedom of expression. in the
context of these recent revelations, we
hear the phrase "'police state" bandied
about and I am disturbed by it. A de-
mocracy is founded on the principle that
the Government is for the people, not
against them. Consequently, as the
elected Representatives of the American
people and their interests, it is incum-
bent upon the Congress to act quickly
to insure that this unwarranted intru-
sion into the private lives of U.S. citizens
has stopped and will not recur. The re-
sponsibility is ours and the response
must be ours as well.
Mr. President, included within the pur-
view of the select committee's inquiry is
"The extent and necessity of overt and
covert intelligence activities in the
United States and abroad." I have al-
ready expressed my deep concern for
unmonitored intelligence gathering op-
erations within the United States, par-
ticularly those conducted by the CIA, but
I would also like to remark briefly on the
need for some congressional knowledge of
and input into the foreign intelligence
activities.
Up to this time, the Congress has gen-
erally had very little knowledge of CIA
operations in a foreign country unless
something goes wrong and a great deal
of adverse publicity results. Witness the
Bay of Pigs fiasco and the toppling of
the_ Allende government in Chile. While
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 capability include? And,
more importantly, given the congres-,
sional track record on sensitive informa-
tion leaks, can the security of intelligence
information imparted to the oversight
committee be guaranteed? These are very
serious questions in my mind and I hope
that the select committee will include
them in its inquiry.
Mr. President, I believe that the need
for the creation of a select committee to
investigate the Federal intelligence com-
munity has been.amply documented. I
strongly endorse its enactment.
Mr. GOLDWATER, Mr. President, I
rise in support of Senate Resolution 21
creating a Select Committee to Investi-
gate Intelligence Activities.
At the outset, I want to state that the
intelligence community has served the
Nation loyally and ably. Moreover, I
want to take this opportunity to salute
the dedicated, hard working men and
women of the intelligence community
whose work goes largely unheralded be-
cause of the climate in which they must
work.
Production of useful intelligence to
guide the Nation's policy makers in mak-
ing decisions relies upon the efforts of
thousands of persons who do their work
in a painstaking and careful way.
While agent operations are important
to the Nation, they constitute a very
small proportion of the total intelligence
effort. Agent operations have been
glamorized in novels and movies. Most
of us enjoy this kind of entertainment,
but the image that emerges is very far
from-reality.
The truth of the matter is that the
production of intelligence requires the
painstaking work of many specialists
who carefully analyze information from
many sources. Most of the work is far
from glamorous and very far from James
Bond.
Under the political climate now pre-
vailing, I suppose a select committee was
inevitable. I would have preferred that
the Senate inquire into intelligence ac-
tivities through the existing committees
and subcommittees that have responsi-
bitities for intelligence.
In supporting Senate Resolution 21,
I want to make it clear that In no way
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January 27, 1975 CONGRESSIONAL RECORD-SENATE S 981
do I agree to the criticism that has been reflect anything but the best of the Sen- colleagues. Mr. President, I ask lmani-
made concerning our existing commit- ate. mous consent that the text of Mr. Pin-
tees. I know that our colleagues on these If surgery is required, let it be per- cus' editorial be printed at this point in
committees have done their utmost to. formed only after the most careful diag- the REcoxn.
carry out the trust of the Senate. nosis. And, if there is surgery, let us use There being no objection, the editorial
Because the. attacks on the intelligence a very sharp scalpel-not a meat ax. was ordered to be printed in the RECORD,
community persist, and because part of Mr. DOMENICI. Mr. President, the as follows:
that attack is, directed to the existing Central Intelligence Agency is charged
committees, I am supporting Senate Res- with conducting the kinds of intelligence "sans" nine P Pincus)
elation 21 as a way to clear the air and activities that are absolutely essential to (BY waiter ncils)
set the record. preserve our free and open democratic No select Senate committee-not even a
When the distinguished senior Sena- society in the real world in which we live, joint congressional committee-win get to
of U.S. m
for from Arkansas was. chairman of the I say this because example after exam- the bottom l e the witho the intelligfull ence and co ac-
Permanent Investigations Subcommittee, pie has shown that our Nation must re- tive support sup ont -
-
porrt t of President Ford and d his staff.
I believe he established the procedure of main ever-vigilant against the publicly The reason is simple: such an inquiry must
having closed hearings before open hear- stated desires of other governments to inevitably end up trying to find out what past
ings were held. If I remember correctly, destroy our free existence. Presidents and their staffs authorized these
the distinguished Senator from Arkansas The charter establishing the CIA lim- agencies to do; what formal groups, such as
established this procedure to protect both ited it to foreign intelligence gathering, the 40 Committee, approved; and what steps,
his subcommittee and witnesses from Allegations have been made that the u any,
of the White House
pr ever took to were embarrassment. charter has been exceeded on occasion. abuses of authority or projects that were il-
It is my hope that the Senate select If correct, then much of the blame for legal on their face.
committee will proceed in a careful and these excesses lies with the Congress for central current gnewspaper gene times about the
deliberate manner. I believe the com- failure to discharge its duty of congres- tiviti sandttheCIA Intelligence
confirmation plus
mittee's work, at least initially, should be sional oversight. Recognizing that our admission that the Federal Bureau of Inves-
in camera. Nation must have an intelligence gath- tigation has collected files on members of
Most of. the Senators and staff, who ering capacity that Congress has failed Congress illustrate the point.
are going to serve on the committee, are, in its oversight responsibility, the ques- Former CIA Director Richard Helms tied
not thoroughly familiar with the orga- tion becomes: Is the creation of a select the start of that agency's domestic activities
nization and functions of the intelli- committee to investigate our intelligence in the late 1960s to "the express concern of
gence community. Before any decision operations, with all its extensive press h
the Johnson), e did not"
detail how this (Lyndon t"concern" ern" was
on open hearings is made, I would hope coverage and certain leaks, the wisest transmitted to him. The present "concern" con CIA e-
the members and staff would have ample method to explore and correct past to, William Colby, told a Senate bcom-
opportunity to do some homework. wrongs and prevent future abuses? I mittee that, under Helms, the agency on Aug.
The Senators and staff who serve on have grave doubts. 15, 1967 established a unit within its coon-
the select committee are going to have There are many possible alternatives terintelligence department. "to look into the
knowledge of a lot of matters which, if to such a suggested select committee, possibility of foreign links to American dis-
improperly handled, can cause our Na- One alternative that comes immediately sident elements." Two weeks later, Colby
Lion harm, to mind is the creation of a permanent dent's on, the executive director of the Presi-Adv It is important that the select com- joint committee to oversee intelligence s National d how ty Commission mighon on
mittee establish sensible rules in dealing gathering by our Nation's agencies. Such hatlinquiry r asked how the CIA might asses6
with the intelligence community. In an alternative has been offered in the In setting up the commission, president
other wards, let us get the information form of S. 327, which I have cosponsored Johnson's executive order had called upon all
we need to do the job but no more. and intend to support.
There is a reason over and above se- However, the realities of our current government agencies to cooperate: Colby
never st lted, in his prepared text, why or
curity considerations for the select com- situation dictate my reluctant support under what authority Helms had established
mittee to hold its meetings in camera: of Senate Resoultion 21, with the strong the unit prior to receipt of the commission's
The basic American idea of protecting reservations mentioned previously andtrequest for assistance. Colby did add, how-the professional and. personal reputations an admonition to my colleagues that we ivit that later pasame year g "the CIA ac-
unless unlawful or unethical acts are in- must not breach our national security by in isu pbecame ort of pthe national in commission o on
volved. revealing matters of truly critical impor- disorder), among atY ers(an
Although Senate Resolution 21 does tance. These hearings must not be char- What that program was and who the "oth-
not specifically make this point, I believe acterized by a veritable flood of leaks ers" were who received its output were not
the work of the select committee should and publicity stunts that will perma- spelled out. The only known group estab-
have as its focus the National Security nently jeopardize the effectiveness of lisped at that time was one intended to work
Act of 1947. It is that act and the direc- our intelligence operations which serve a out a plan for handling disorders in Wash-
tives issued under its provisions which very legitimate purpose. We must be on ington. Former participants on that inter-
have created the intelligence community our guard that such legislation with a agency panel from the Pentagon and Justice
as we know it today, commendable purpose is not allowed, a party. Colby's later disclosuree-tht natbth s
Using the act of 1947 as a frame of through error or excess, to undermine time the agency's office of Security "inserted
reference, L-believe the select committee our country's security. 10 agents into dissident organizations operat-
should have two prime objectives: Mr. PACKWOOD. Mr. President, yes- Ing in the Washington, D.C; area ... to
First, to determine whether or not the terday's Washington Post included an gather information relating to plans for
act of 1947 needs revision, editorial by Walter Pincus entitled demonstrations . . . that might endanger
Second, to determine whether or not "'Spies' and Presidents." In speaking of CI allels o` hat thisli ties and nc formatton"-.
there have been illegal activities within the investigation before a select commit- bo the Y group did. ere, onl information
the intelligence community. tee to study the Federal intelligence fro_nttherWh to House tracing establishment
If there have been illegal activities, community, Mr. Pincus declares that: of such a group could shed light on how the
then I believe the committee must cle No select Senate committee-not even a CIA became a participant.
termine whether these illegal activities joint congressional committee-will get to In 1969, the CIA was asked by the White
Constitute a pattern or are merely abet- the bottom of the U.S. intelligence commu- House to undertake surveillance of the Presi-
rat.ioils. nlty's problems without the full and active dent's brother, Donald Nixon, who, accord-
support of President I-'ord and his staff'." This lug to documents from the House Impeach-
Sometimes what may appear to be all is because, lie goes on to say, "The inquiry ment inquiry, was moving to Las Vegas where
illegal activity may turn out to be some- Into Intelligence activities must Inevitably it was feared he "would come into contact
thing quite different. had out what past Presidents authorized the with criminal elements." The agency refused,
Ultimately, the select committee Cvill agencies to do. but the Secret Service Act, which requires
make its findings and recommendations Because of its partlCUlaT relevance to government agencies to cooperate In the pro-
known to the Senate. It would be a trag- the bill we will vote on today, I am bring- have eio nn the Pre off oand ther his such req ch rcq may
edy for the Nation should this document ing this article to the attention of 1n Only Approved For. Release 2005/04/27: CIA-RDP77M00144F ~~I1~w i~`bf~'O-V what role
 Approved For Release 2005/04/27 : CIA-RDP77M00144R001200040008-0
,'982
CONGRESSIONAL RECORD - SENATE January 27, 1975
the CIA has been asked to play under that
I'll.
In 1970 and 1971, White House aides asked
CIA to participate in what was known as the
Ruston domestic intelligence plan and to
provide assistance to a former agency official,
E. Howard Hunt, who at the time worked for
the President. Again, the question must be
raised as to what White house authorization
the agency was given to undertake the re-
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 1971 and 1972, according to Colby, the
C; A undertook physical surveillances of five
Americans Including, apparently, newsman
Jack Anderson, "to Identify the sources of
(news) leaks." This appears to complement
i.t:o 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.
to March 1974, Colby "terminated the do-
i,?.estic intelligence collection program (be-
l;un 7 years earlier) and issued specific guide-
lines that any collection of counterintelli-
gence information on Americans would only
take place abroad and would be initiated only
in response to requests from the FBI. . , ..
Was this at White House direction.? And if
rot, could a future President reverse such a
policy?
The FBI situation Is slightly different.
't'here is no information as to how or why
former FBI Director J. Edgar Hoover began
collecting politically-tantalizing material
about congressmen and other public figures.
One point is clear, however-he frequently
need 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-
l:eard conversations to Nixon chief of staff,
I1. R. Haldeman. No objection or order to
top ever came back from the Oval Office.
Otte other presidential role in these areas
i,eeds exploration. Were agency directors
ordered by the White House to cover up
Mr. PASTORE. Mr. President, I sug-
gest the absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll. _
The second assistant legislative clerk
proceeded to call the roll.
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered,
Mr. MANSFIELD, Mr. President, will
the Senator yield for 2 minutes?
Mr. PASTORE. I yield.
unanimous consent t
Energy Adminis-
study under Pub-
vred jointly to the
fairs, Public Works,
nance, and that a sec
vironmental Quality
pared as a part of it
Works, Commerce, A
estry.
The PRESIDING
r and Insular Af-
ommerce and Fi-
nd communication
the Council on En-
n Land Use, pre-
annual report, be
e Committees on
AUTHORIZATION F PR COMMITTEE
ON COMMERCE T4) FILE REPORTS
UNTIL MIDNIGHII TONIGHT
unanimous consent t
on Commerce be aul
ports until midnight
The PRESIDING
orized to file re-
certain activities when called before con- QUOR
ittees? Former CIA Director
o
mm
i*ressional c
Iiclms, for example, when questioned by the Mr. MANSFIELD.
Fonate Foreign Relations Committee in suggest the absence
February 1973, was asked directly about CIA The PRESIDING 0
participation In a White House plan in 1969 will call the roll.
vctivities. Helms said he could not recall- seeded to call the roll.
though he knew full well of his activities in M PASTORS M
CALL
Mr. President, I
f a quorum.
1F170 Huston plan discussions. Last week he . r.
I.nld senators lie misunderstood the question, unanimous consent hti mat the -order for
At a May 1973 hearing, Helms told senators the quorum call be rescinded.
1,e had no idea that Hunt, prior to public The PRESIDING OFFICER. Without
F the Ellsber" break in, "was going objection it is so ordei5ed.
o
t
unanimous consent that the order for the
quorum be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Pursuant to the previous order, the
Senate will now proceed to vote on the
resolution, as amended. On this question
the yeas and nays have been ordered, and
clerk will call the roll.
The assistant legislative clerk- called
the roll.
Mr. YOUNG (after having voted in the
negative). On this vote I have a pair with
the junior Senator from Washington
(Mr. JACKSON). If he were present, he
would vote "Yea." If I were permitted to
vote, I would vote "Nay," I therefore
withdraw my vote.
Mr. GRIFFIN- (after having voted In
the affirmative). On this vote I have a
pair with the Senator from Ohio (Mr.
TAFT). If he were present, he would vote
''nay." If I were permitted to vote, I
would vote "yea." I therefore withdraw
my vote. -
Mr. ROBERT C. BYRD. I announce
that the Senator from Washington (Mr.
JACKSON) , the Senator from Rhode Island
(Mr. PELL), the Senator from California
(Mr. TuNNEY), and the Senator from
Indiana (Mr. HARTKE) are necessarily
absent.
I further announce that the Senator
from Kentucky (Mr. HUDDLESTON), and
the Senator from Hawaii (Mr. INouvE)
are absent on official business.
I further announce that, if present and
voting, the Senator from Rhode Island
(Mr. PFLL), and the Senator from Cali-
fornia (Mr. TUNNEY) would each vote
Mr. GRIFFIN. I announce that the
Senator from New York (Mr. JAVITS) is
necessarily absent.
I also announce that the Senator from
Maryland (Mr. MATHIAS), the Senator
from Idaho (Mr. MCCLURE), and the Sen-
ator from Vermont (Mr. STAFFORD) are
absent on official business.
I further announce that the Senator
from Ohio (Mr. TAFT) is absent to attend
a funeral.
I further announce that, if present and
voting, the Senator from New York (Mr.
JAVrTS), and the Senator from Maryland
(Mr. MATHIAS) would each vote "yea."
The result was announced-yeas 82,
nays 4, as follows:
[Rollcall Vote No. 1 Leg.l -
YEAS-82
ton
t uc?n
i.o he Involved in any domestic activity." Abourezk
cif course, he did-that was why aid to Hunt - Allen
s.',opped. Fortner President Nixon and his SELECT COMMITTEE `,CO STUD -1 Baker
Bartlett
aides kept a close watch over any congres- GOVERNMENTAL INTELLIGENCE Bayh
.iona.l testimony that could implicate them ACTIVITIES Beall
or their assistants in Watergate. Was Helms Bellmon
acid to mislead? Th' Senate continued with the con- Bentsen
If current congressional efforts to harness sideration of the resolution (S. Res. 21) Biden
Brock
the intelligence community break Lip as a to establish a Select Committee of the Brooke
t f stick of White house cooperation, Senate' to conduct an investigation and Buckley
l
Eastland Metcalf
Fannin . Mondale
Pbng Montoya
Ford Morgan
Garn Moss
G'_enn Muskie
Coldwater Nelson
Gravel Nunn
Ilanreti Packwood
Hart, Gary W. Pastore
Hart, Philip A. Pearson
Haskell Percy
o
ze.,tt
.,ii itionai allegations of past wrongdoings study of governmental operations with Bumpers Hatfield Proxmire
,,re botuul to be made because the climate Burdick Hathaway Randolph
1, ,th itisidc and outside the socret security respect to intelligence activities, Byrd, Hollings Ribicoff
o-;-rvir!cs has changed. Strong internal agency Mr. PASTORE.:Mr. President, I ask for Harry F., Jr. Heuska Roth
tt'aclershit> has gone. And on Capitol Hill, the the yeas and. nays on passage. Byrd, Robert C. Humphrey Schwelker
Cannon Johnston Scott, Hugh
c>:d :..taunch defenders of intelligence Sc- The yeas and nays were ordered. Case Kennedy Sparkman
tics are either gone or powerless. Mr. PASTORE. Ml'. President, I sug- Chiles Laxalt Stennis
For these interested in protecting the leg>it- lest the absence of a quorum. Church T.eahy Stevens
S:n:tte The PRESIDING OFFICER, The clerk Clark Long Stevenson
; fuuuctio:ns of the intelliCance comma- Cranston Mar su,!son Stone
i,ity, the future looks grim-indeed black if Will call the roll. Culver Mansfield Symington
Ulu ,j1'ord White lfou2c falls to see that fan The assistant legislative- clerk pro- Curtis McClellan Tower
iri
n~re is needed than a mar ow blue-ribbon p]ZMDoATteNi?:Gee VJeicker
~ ~ ,C;~ty~-,~EL CY P1 aS`S r1 .9,4 7e~tlli tm5
,?omntlssion studying a vcr ppraved% For'1z0bb ACN~L'ml~ /37 pC~l R 001 y 08
allegations. LU
 ' - Approved For Release 2005/04/27 : CIA-RDP77M00144R001200040008-0
January 27, 1975 CONGRESSIONAL, RECORD - SENATE,
NAYS--4
Bennis Talmadge
Scott, Thurmond
William L.
PRESENT ' AND GIVING LIVE PAIRS, AS
PREVIOUSLY RECORDED-2
Young, against
Griffin, for
NOT VOTING-11
llartke Javits Stafford
Huddleston Mathias Taft
Inouye McClure Tunney
Jackson Pell
So the resolution (S. Res. 21) was
agreed to, as follows:
S. Reg. 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 Operations 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 in 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 majority leader of the Senate, and five
minority members of-the - Senate to be ap-
p anted by the President of the Senate upon
the recommendation of the minority leader
of the Senate. For the purposes of para-
graph 6 of rule XXV of the Standing Rules of
the Senate, service of a Senator as a mem-
ber, chairman, or vice chairman of the select
committee shall not be taken into account.
(c) The majority members of the com-
mittee shall 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 investl ations and
study specified in subsection (a) of the first
section. Without abridging in any way the
authority conferred upon the select com-
mittee by the preceding sentence, the Sen-
ate further expressly authorizes and directs
the select committee to make a complete
investigation and study of the activities of
any agency or of any and all persons or
groups of persons or organizations of any
S983
kind which have anf 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
(1) 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 tee to make the investigation and study au-
or counterintelligence operations against thorized and directed by this resolution, the
United States citizens by the Federal Bureau Senate hereby empowers the select corn-
of Investigation or any other Federal agency. mittee 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 indi- 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 Intelll- ceases, and adjournment periods of the Sen-
gence Agency, and other Federal law enforce- ate; (3) to hold hearings for taking
ment 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
uteri 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. Neves have knowledge or Information con-
(5) The extent to which the operation of corning 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- ment, agency, officer, or employee of the
tral Intelligency Agency conforms to the leg- executive branch of the United.States Gov-
islatlve charter of that Agency and the intent ernment, or any private person, firm, or cor-
of the Congress. poration, to produce for its consideration or
by the Director of Central intelligence of the
responsibility to protect intelligence sources
and methods as it relates to the provision in
section 102(d) (3) of the National Security
Act of 1947 (50 U.S.C. 403(d) (3)) that ".. .
that the agency shall have no police, subpena,
law enforcement powers, or internal security
functions. .. .
(7) Nature and extent of executive branch
oversight of all United States intelligence
activities.
(8) The need for specific legislative au-
thority to govern the operations of any intel-
ligence agencies -of the Federal Govern-
ment now existing without that explicit stat-
utory authority, including but not limited to
agencies such as the Defense Intelligence
Agency and the National Security Agency.
The nature and extent to which Federal
agencies cooperate and exchange intelligence
information and the adequacy of any regula-
tions or statutes which govern such coopera-
tion and exchange of intelligence informa-
tion.
(9) The extent to which United States in-
telligence agencies are governed by Executive
orders, rules, or regulations either published
or secret and the extent to which those Exec-
utive orders, rules, or regulations interpret,
expand, or are in conflict with specific legis-
lative authority,
(10) The violation or suspected violation
of any State or Federal statute by any in- on a reimbursable basis, with the prior con-
telligence agency or by any person by or on sent of the Committee on Rules and Ad-
behalf of any intelligence agency of the Fed- ministration, the services of personnel of
eral Government including but not limited any such department or agency; (10) to use
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
United States mail, or the monitoring of the subcommittee of any committee of the Sen-
United States mail. ate the facilities or services of any members
(11) The need for improved, strengthened, of the staffs of such other Senate commit-
or consolidated oversight of United States in tees or any subcommittees of such other
telligence activities by the Congress. Senate committees whenever the select
(12) Whether any of the existing laws of committee or Its chairman deems that such
the United States are inadequate, either in action is necessary or appropriate to enable
eted
their provisions or manner of enforcement, to gat ion the select and co udy authorized h make the itected
safeguard the rights of American citizens, resolution; study auth to h orized and access
by this to improve executive and legislative control through of me direct of the
of Intelligence and related activities, and to select committee let theagency of any members g or
resolve uncertainties as to the authority of le-al assistants or any of its investigators
United States intelligence and related agen- chairman rthe e dkt by it or Its
ties. or ranking m in nority member
(13) Whether there is unnecessary dupli-
cation of expenditure and effort in the coI-
lection and processing of intelligence infor-
tnation by United States agencies.
(14) The extent and necessity of overt and
stuay any books, checks, canceled checks,
correspondence, communications, document,
papers, physical evidence, records, record-
ings, tapes, or materials relating to any of
the matters or questions it is authorized to
investigate and study which they or any of
them may have in their custody or under
their control; (6) to make to the Senate -
any recommendations it deems appropriate
in respect to the willful failure or refusal
of any person to answer questions or give
testimony in his character as a witness dur-
ing his appearance before it or in respect to
the willful failure or refusal of any officer or
employee of the executive branch of the
United States Government or any person,
firm, or corporation to produce before the
committee any books, checks, canceled
checks, correspondence, communications,
document, financial records, papers, physical
evidence, records, , recordings, tapes, or
materials in obedience to any subpena or
order; (7) to take depositions and other
testimony on oath anywhere within the
United States or in any other country: (Si
to procure the temporary or intermittent
services of individual consultants, or orga-
nizations thereof, in the same manner and
tinder the same conditions as a standing
committee of the Senate may procure such
services under section 202(i) of the Legis-
lative Reorganization Act of 1946; (9) to use
to any data, evidence, information, report, .
analysis, or document or papers, relating to
any of the matters or questions which it is
authorized and directed to investigate and
study in the custody or tinder the control
of any department, agency, officer, or ern-
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S 984
CONGRESSIONAL RECORD-SENATE January 27, 1975
ployee of the executive branch of the United
States Government, including any depart-
ment, agency, officer, or employee of the
United States Government having the power
under the laws of the United States to inves-
igate any alleged criminal activities or to
prosecute persons charged with crimes
egainst the United States and any depart-
ment, agency, officer, or employee of the
United States Government having the au-
thority to conduct intelligence or surveil-
lance within or outside the United. States,
without regard to the jurisdiction or au-
thority of any other Senate committee,
which will aid the select committee to pre-
pire for or conduct the Investigation and
:;Ludy authorized and directed by this reso-
lution; and (12) to expend to the extent it
determines 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
chairman of the select committee, or any
other member thereof, is hereby authorized
to administer oaths to any witnesses appear-
ing before the committee.
(c) In preparing for or conducting the
investigation and study authorized and di-
rected by this resolution, the select com--
mlttee 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-
thority to recommend the enactment of any
new legislation or the amendment of any
existing statute which it considers neces-
sary or desirable to strengthen or clarify the
national security, intelligence,' or surveil-
lance activities of the United States and to
protect the rights of United States citizens
with regard to those activities.
Svc. 5. The select committee shall make a
final report of the results of the investiga-
tion and study conducted by it pursuant to
this resolution. together with Its findings,
ties of the Central Intelligence Agency in
foreign countries or the intelligence, activi-
ties in foreign countries of any other de-
partment or agency of the Federal Govern-
ment. - - -
Src. 8. As a condition for employment as
described in section 3 of this resolution, each
person shall agree not to accept any honor-
arium, royalty or other payment for a speak-
ing engagement, magazine article, book; or-
other endeavor connected with the investiga-
tion and study undertaken by this commit-
tee. -
Svc.!). 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 oi.' the select committee, be
commensurate with the sensitivity of the
classified information to- which such em-
ployee or person will be given access by the
select committee. -
Mr. PASTORE. Mr. President, I move
to reconsider the vote by which the reso-
lution was agreed to.
Mr. MANSFIELD. I move to lay that
motion on the table.
The motion to lay on - the table was
previous order, t e Senate will now pro-
ceed to the consi eration of the motion
by the Senator from Montana (Mr.
MANSFIELD) to refer all credentials and
papers dealing w h-the New Hampshire
election dispute to the Committee on
Rules and Ad nistration, which the
clerk will state.. The time on this debate
is limited to 1 our to be .equally di-
vided and contro led by the Senator from
Montana (Mr. ANSFIELD) and the Sen-
-ator from Michi an (Mr. GRIFFIN).
be in order. -
sirable, to the Senate at the earliest practica- ' The legislati v
elders appropriate.- After submission of its now on file with
final report, the- select. committee shall have same be referred
on the expiration of such three calendar thereon.
months shall cease to exist.
individual consultants or organizations
thereof. Such expenses shall be paid from the
contingent fund of the Senate upon-vouchers
:approved by the chairman of the select com-
suittee.
7. The select committee shall institute
and carry out such rules and procedures as
it may deem necessary to prevent (1) the dis-
closure, outside the select committee, or any
information relation to the activities of the
Central Intelligence Agency or any other
department or agency of the Federal Govern-
ment engaged in intelligence activities, ob-
tained by the select committee during the
course of its study and investigation, not
:authorized by the select committee to be
disclosed; and (2) the disclosure, outside the
select committee, of any information which
clerk read as follows:.
in Montana (Mr. MANs-
Mr. MANSFI
we have order?
The PRESID
G OFFICER. Without
G OFFICER. The Sen-
a has the floor. May we
have order in thg Serrate?
SELECT COI' IMITTEE TO STUDY
GOVERNMENT INTELLIGENCE AC-
TIVITIES
to establish a select committee of the
Senate to conduct an investigation and
study of governmental operations with
respect to intelligence activities.
Mr, MANSFIELD. Mr. President, I wish
to state, before proceeding with the dis-
cussions and consideration of this resolu-
tion, that insofar as the majority leader
is concerned, the chairman of the Com-
mittee on Armed Services, our colleague
from Mississippi (Mr. STENNIS) is owed'a
vote of thanks because throughout the
years he has scrupulously endeavored, to
the best of his ability and in line. with
his other responsibilities, to scrutinize all
activities of intelligence agencies related
to the defense community. He need not
yield to any Member of this body his
stance as the preeminent "watchdog" of
the Congress in performing this critical
oversight function. I commend JOHN
STENNIS. The Senate. commends JoHN
STENNIS for his assiduous and conscien-
tious work in this endeavor.
Mr. President, now that the select
committee has been approved by the Sen-
ate, the minority leader and'I have di-
rected a letter to the heads of agencies
and departments of Government most
preeminently concerned with intelli
gence endeavors. The letter reads as
follows:
As. you may be aware, the Senate is to con-
duct an investigation and study of govern-
ment. operations with respect to intelligence
activities. The scope of the investigation is
set out in S. Res. 21, a copy of which has been
enclosed for your information. - _.
We are writing. to request that you not
destroy, remove from your possession or con-
trol, or otherwise dispose or permit the dis-
posal of any records or documents which
might have a bearing on the subjects. under
investigation, including but not limited to all
records or documents pertaining in any way
to the matters setout in section 2 of S. Res.
21.
. ` Sincerely yours,
This letter is being directed to heads of
19 separate governmental units as listed.
'here:
JANUARY 21, 1975.
Honorable William E. Colby; Director, Cen-
tral Intelligence Agency, and as- Coordinator
of Intelligence Activities, Washington, D.C.
20605_ -
Lt. Gen.. Daniel G. Graham, Director, De-
fense Intelligence - Agency. The Pentagon;_.
Washington, D.C. 20301.
Honorable William B. Saxbe, -Attorney- -
General, Dept.. of Justice, 9th and Constitu-
tion N.W., Washington,. D.C. 20530.
Mr. John C. Keeney, Acting Asst. Attorney
General, Criminal Div., 9th and Constitution
N.W., Washington, D.C. 20530.
Mr. John R. Bartels Jr., Administrator,
Drug Enforcement Administration, 1405-Eye
St. N.W.; Washington, D.C. 20537. - -
Honorable James R. Schlesinger, Secretary
of Defense, Room 3E 880, The Pentagon,
Washington, D.C. 20301.
Honorable Howard H. Callaway, Secretary
of the Army, Room 3E 718, The Pentagon,
Washington, D.C. 20310.
Hon. J. W. Middendorf, Secretary of the
Navy, Room"4E 710, The Pentagon, Washing-
ton, D.C. 20350.
Hon. John L. McLucas, Secretary of the
Air Force, Room 4E 871, The Pentagon, Wash-
ington, D.C. 20330.
Lt. Can. Lew Allen Jr., Director, National
Security Agency, Fort George G. Meade,
Maryland 20755.
would adversely affect the intelligence activi- sideration of the resolution (S. Res. 21) the -preservation of records d, cements,
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January 27, 1975. CONGRESSIONAL RECORD-SENATE
et cetera, applies as well to all agencies
and subagencies concerned but not spe-
cifically singled out.
The task faced by the select commit-
tee which the Senate has just established
is to examine into the intelligence ac-
tivities of the U.S. Government. No more
important responsibility to the people of
the Nation can be assumed by Senators
than membership on this committee.
What is asked of them, in the name of
the Senate, is to probe fully and to as-
sess completely, to understand thorough-
ly and to evaluate judiciously. To the ex-
tent that the intelligence agencies have
acted correctly and within the law, that
must be made known. If there have been
abuses, they, too, must be set forth. There
can be no whitewash in this inquiry; nor
is there room for a vendetta. In the end,
the Senate must know what has tran-
spired so that it may seek to close legal
loopholes if there are any. In the end, we
must know so that together with the
House and the President, we may move
to foreclose any demeaning of the basic
premises of a free society.
'What is at stake in the work of this
committee is a resolution of doubts. What
is at stake is a restoration of confidence
in a large and costly and little known
segment of the Federal Government. The
Senate must be satisfied that the intelli-
gence community is doing the people's
business, to the end that the Nation may
be with assurance so advised. The Sen-
ate must be persuaded that what is be-
ing done in the name of security under
a cloak of obscurity is the people's busi-
ness, as defined, not by employees of a
Government agency, but the people's
business as defined by the Constitution
and the laws duly enacted thereunder.
The committee is called on, further-
more, to elucidate for the Senate the
relevance of the intelligence commu-
nity as it now operates to the Nation's
contemporary needs. We need to know
what may be required, today, not what
might have seemed necessary yesterday.
The fact that a commission is looking
Into the CIA Is all to the good; the re-
sponsibility of that group is to the Presi-
dent who created it. Its existence in no
way relieves us of our responsibilities. It
is appropriate and proper at any time
that the Senate so determines, to inquire
into any agency and, as necessary, to
seek to clarify and redefine its functions
and the scope of its activities.
One aspect of the impending inquiry
activities and how much overlap and
duplication?
It used to be fashionable, Mr. Presi-
dent, for members of Congress to say
that insofar as the intelligence agencies
were concerned, the less they knew about
such questions, the better. Well, in my
judgment, it Is about time that that at-
titude went out of fashion. it is time for
the Senate to take the trouble and, yes,
the risks of knowing more rather than
less. We have a duty, individually, and
collectively, to know what legislation en-
acted by Congress and paid for by ap-
propriations of the people's money has
spawned in practice in the name of the
United States. The Congress needs to
recognize, to accept and to discharge with
care its coequal responsibility with the
Presidency in these matters.
The Senate has begun to address itself
to these questions by approving the cre-
ation of this select committee. There is
a need to understand not only the pres-
ent intelligence requirements of the
United States but also what systems or
procedures for oversight and account-
ability may be required to keep them
within bounds set by the Constitution,
the President and the elected Repre-
sentatives of the people in Congress.
Wisely, I believe, a special committee
for handling the investigation has been
established by this action today: The
scope of Inquiry is far larger than can
come within the purview of any single
committee. Hopefully, within the select
committee, the pieces-all of the pieces-
can be fitted together. May I say that in-
sofar as the Senate is concerned, i think
this action. expresses the expectation
that the matter will be concentrated in
this one committee. In my judgment, it
would be most Inappropriate for a bevy
of studies of intelligence to proceed
simultaneously in several others.
May I say, Mr. President, that this in
no-way conflicts with the legislative
jurisdiction of the legislative committees
so charged.
The select committee is equipped with
a bipartisan membership. The Senators
who will be selected for service on this
committee are no different than the rest
of us. They are not tied with a blue rib-
bon or a white or pink ribbon. There is no
higher or lower order of patriotism in
the Senate. There are no first- and sec-
ond-class Senators. Those who will serve
are men of competence, understanding,
and decency. They will do the job which
S Jo.)
rules and to define their procedures, and
that would include the question of when
to close or open the door to the use of
television. As I have indicated, I would
not anticipate any great requirements
for the latter at this time. Most emphat-
ically, I would express the hope, too, that
committee staff would be selected with
as much concern for discretion as for
other qualifications. What comes to the
public from this committee and when,
ought to be solely-I stress the word
"solely"--determined by the members of
the committee.
The Senate is entrusting this commit-
tee with its deepest confidence. I know
that that trust is secure and that the re-
sults of the inquiry will reflect the high-
est credit on this institution. I submit to
the Chair the names of those assigned to
the Senate Select Committee To Study
Governmental Operations With Respect
to Intelligence Activities and ask that
they be read and I do so on behalf of the
distinguished Republican leader and
myself.
The PRESIDING OFFICER. The clerk
will read the nominations:
The assistant legislative clerk read as
follows :
Senators Church, Hart of Michigan, Mon-
dale, Huddleston, Morgan, and Hart of
Colorado.
Mr. MANSFIELD. The Republicans
also.
The assistant legislative clerk read as
follows:
Senators Tower, Baker, Goldwater,
Mathias, and Schweiker.
SENATOR FROM NEW HAMPSHIRZ, -
CIEDENTIAL,S
The Senate continued with the con-
sideration of th credentials of the claim-
ants to he U.S. Senator from the State
of New Hampshire.
Mr. MANSFID. Mr. President, are
we back on the regular order of business?
The PRE, SIDI G OFFICER. We are
back on the Mansfield motion.
The Senator frgm Illinois is recognized.
RESOLUTION RELATIVE TO THE
DEATH OF REPRESENTATIVE
JOHN C. KLT'CZYNSKI, OF ILLI-
""" "~~? craa~n rC- Mr. PERCY M. President, I ask the
ities have been acquiesced in, to say the quire of them. Chair to lay beford the Senate a message
least, by the Congress for a long time. No The committee has been equipped from the House oil H.R. 97.
one should be surprised or appalled, with full authority to study, to hold The PRESIDING OFFICER. The clerk
therefore, to discover their existence a hearings and to investigate all activi- will read the message from the House.
quarter of a century later. In recent ties-foreign and domestic-of the intel- The assistant legislative clerk read as
years, however, the extent and necessity ligence agencies of the Federal Govern- follows:
for them have come under question. Who anent. In the pursuit of that mandate, I Resolved, That the fouse has heard with
sets the policy and why? What obtuse have every confidence that the commit- profound sorrow of the death of the Honor-
intrusions may there have been by these tee will act with discretion, with re- able John C. Kluczyoski, a Representative
activities into the President's conduct of straint and with a high sense of na- from the State of Il4ots.
foreign affairs? What indifference, if tional responsibility. There is no cause Resolved, That a corqunittee of 65 Members
any, to the laws passed by the Congress? and Inclination to pursue this matter as of the House, with sucti Members of the Sen-
What damage, if any, to the demeanor of a Roman circus or a TV spectacular, ato as may be Joined, be appointed to attend
the Nation? What interference in the There is only the need to see to the sober the funeral.
personal lives of Americans and by whose discharge of very sober resnonsihiiit.ice __ Resolved, That the S'grt;eant at Arms of the
, i11L y u,liu uiiuer wna4 guidelines?
What public funds have been committed
and to what end? What proliferation of
anon saps as may be
up to the members of the committee. out the provislons of
They have the authority to make their that tile necessary expen esrinlconu ction
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Journal -- Office of Legislative Counsel Page 2
Tuesday - 28 January 1975
5. Called John Swearingen, Senate
Rules and Administration Committee, and provided him the background
relating to the acquisition and maintenance of CIA material in the Joint
Committee on Atomic Energy's vaults. In connection with the inquiry
of Senator Howard Baker (R., Tenn.) as part of the investigation by the
Senate Select Committee on Presidential Campaign Activities. Swearinge,l
seems leaning toward the agreement with us that the material temporarily
be retained in the Joint Committee on Atomic Energy vaults and, not be
sent to the Library of Congress as provided in the Senate resolution being
implemented by the Senate Rules and Administration Committee. He
agrees with us that the Library of Congress facilities may not be a
proper and secure depository and I provided him the outcome of our own
survey as well as that of Mr. George Murphy, Deputy Director, Joint
Committee on Atomic Energy, and repeated our offer previously to store
these materials in our own storage facilities or as the next best step in
the National Archives. I pointed out the consideration of the House
Judiciary Committee in withdrawing from the National Archives similar
CIA material and reviewed with him some of the reasons for treating
the CIA material differently from other material of the Select Committee,
including the agreement between the Agency and Senator Baker and the
possibility that this material is still of interest to the office of the Special
Prosecutor and may be of interest to the newly established Select Committee.
In the interest of facilitating his discussions with Chairman Howard W.
Cannon (D. , Nev.) on this matter, I agreed to provide Swearingen with
an inventory of the materiall
6. Senator Roman Hruska (R., Neb.) called
and asked that we assemble some material for him on the legislative
history of CIA. He is interested in the original bill, the reports of the House
and Senate and any references in the Congressional Record or copies of the
debates and the discussions. He said he feels the need to review all this
material because "if we go along in these things some of the fundamental
reasons for forming this organization may be imperiled or unjustly attacked. "
I told the Senator we were pulling together material like this in connection
with the Select Committee and I would be glad to provide him with the items
he requested. He said he would like something by Friday, noon. We chatted
briefly about the Committee and he said he voted for it mainly because he didn't
want people to point to his vote and say "aha, he knows there is something
wrong and that is why he opposed it. 11 I said the thing we are concerned
about is the handling of sensitive information. I also mentioned the matter
of personal staff members having access to this information. He agreed
that would be a disaster.
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CONFIDENTIAL
JOURNAL
OFFICE OF LEGISLATIVE COUNSEL
Tuesday - 28 January 1975
1. I 1 Received a call from Mrs. Hoffman
in the office of Representative Hamilton Fish, Jr. (R., N. Y.) regarding
the October 1974 employment application of a nstituent.
Upon checking with the Office of Personnel, I learned that had
answered an advertisement for a specific OSI position and had been rejected.
He was sent a letter to this effect in November 1974. I relayed this information
to Mrs. Hoffman.
Floyd K. Haskell (D. , Colo.) in response to her call to n
Mr. Thuermer's office. I had previously supplied portions of t e National
Security Act of 1947 and the Central Intelligence Agency Act of 1949 to
Colleen for a constituent. The constituent had written back and asked for
the entire Act, including the DOD and NSC portions. When I told her that
there was quite a bit more to the Act, she lost interest in sending the
remainder to the constituent and cancelled her request.
3. Received a call from Marsha Matts,
Secretary to Ralph Preston, House Appropriations Committee staff, who
said Preston had asked her to call and leave a message for Mr. Cary
that the 20th of next month (February) will be the date for the briefing of
the Defense Subcommittee. 1 7 OCI, has been advised.
4. I I Mr. Thuermer, Assistant to the
Director, advised he had been called by Les Whitten of Jack Anderson's
staff, who wanted to know if we had provided Ford with material in 1970
to be used in a speech by Ford on the William O. Douglas impeachment
Pi
Z. I Called Colleen in the office of Senator
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25
25 X1
25X1
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M. M, 75=V/qQ
2 January 1975
SUBJECT Retention of Materials that May Be Related
to the S. Res. 21 Investigation
Pursuant to the attached request, it is directed that you take
the necessary steps to ensure compliance. You will convey instruc-
tions to all. subordinate components or offices within your jurisdiction
to ensure that any records or documents that may have a bearing on
Senate Resolution 21 not be destroyed or removed from our possession
or control.
r
W. E. Colby
Director
Letter dated 27 January 1975 from Senators Scott
and Mansfield with enclosure (S. Res. 21)
Distribution:
DDCI
DDI
DDO
DDA
DDS &T
D/DCI/NIO
D/DCI/IC
Comptroller
GC
LC
IG
Asst/DCI
ES
AO/DC.I
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 MIKE: MAN-5FI,'`.LD
MONTANA
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Office .af #11e C a~ ri?ij e firer
~ azhirt twit, AT.
2II51II
January 27, 1975
Honorable William E. Colby
Director, Central Intelligence Agency
Washington, D. C. 20505
Dear Mr. Director:
As you may be aware, the Senate is to conduct
an investigation and study of government operations with
respect to intelligence activities. The scope of the
investigation is set out in S. Res. 21, a copy of which
has been enclosed for your information.
We are writing to request that you not destroy,
remove from your possession or control, or otherwise
dispose or permit the disposal of any records or documents
which might have a bearing on the subjects under investiga-
tion, including but not limited to all records or documents
pertaining in any way to the matters set out in section 2
of S. Res. 21.
Sincerely yours,
HUGH SCOTT, REPUBLICAN LEADER
MIKE MANSFIELD, ORITY LEADER
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Calendar No. 2
94,rii CONGRESS
IST SESSION
IN TITE SENATE OF TI...E UNITED STATES
JANUARY 21, 1975
Mr. PASTORE submitted the following resolution; which was ordered to be placed
on the calendar (under general orders)
r-4 U Lo
To establish a select committee of the Senate to conduct an in-
vestigation and study with respect to intelligence activities
carried out by or on behalf of the Federal Government.
X Resolved, To establish a select committee of the Senate
2 to conduct an investigation and study of governmental oper-
3 ations with respect to intelligence activities and of the
4 extent, if any, to which illegal, improper, or unethical ac-
5 tivities were engaged in by any agency= of the federal.
6 Government or by any persons, acting individually or in
7 combination with otlhers, with respect to any intelligence
8 activity carried out by or on behalf of the Federal Gover1-
9 ]Went; he it further
l0 _ficsolrecl, That (,1) there is hereby' e t,lbli L(d a select
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1 committee of the Senate which may be called, for eon-
2 venience of expression, the Select Committee To Study
3 Governmental Operations With Respect to Intelligence Ac-
4 tivities to conduct an investigation and study of the extent, if
5 any, to which illegal, improper, or unethical activities were
6 engaged in by any agency or by any persons, acting either
7 individually or in combination with others, in carrying out
8 any intelligence or surveillance activities by or on behalf
9 of any agency of the Federal Government.
10 (b) The select committee created by this resolution
11 shall consist of eleven members of the Senate, six to be
12 appointed by the President of the Senate from the majority
13 members of the Senate upon the recommendation of the
14 majority leader of the Senate, and five minority members of
15 the Senate to be appointed by the President of the Senate
16 upon the recommendation of the minority leader of the
17 Senate. For the purposes of paragraph 6 of rule XXV of the
18 Standing Rules of the Senate, service of a Senator as a
1.9 member, chairman, or vice chairman of the select committee
20 shall not be taken into account.
21 (c) The majoriity members of the committee shall select
22 a chairman and the minority members shall select a, vice
23 ehairn !ln ;---d the committee shall adopt rules and procedures
4)1 to overn its proceedings. The vice chairman shall preside
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3
1 of the chairman, and discharge such other responsibilities
2 as may be assigned to him by the select committee or the
3 chairman. Vacancies in the membership of the select com-
4 rnittee shall not affect the authority of the remaining mern-
5 hers to execute the functions of the select committee and
6 shall be filled in the same manner as original appointments
7 to it are made.
8 (d) A majority of the members of the select committee
9 shall constitute a quorum for the transaction of business, but
10 the select committee may affix a lesser number as,a quorum
11 for the purpose of taking testimony or depositions.
12 SEo. 2. The select committee is authorized and directed
13 to do everything necessary or appropriate to make the in-
14 vestigations and study specified in subsection (a) of the
15 first section. Without abridging in any way the authority
16 conferred upon the select committee by the preceding
17 sentence, the Senate further expressly authorizes and directs
18 the select committee to make a complete investigation and
19 study of the activities of any agency or of any and all. persons
20 or groups of persons or organizations of any kind ;which
21 have any tendency to reveal the, fell facts with respect to
22 the following matters or questions:
23 (1) W Whether the Central Intelligence Agency has
24 conducted an illegal domestic intelligence operation in
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1 (2) Tb.e conduit of domestic intelligence or cotnl-
2 terintelligeuce operations against United States citizens
3 by the Federal I'nreau of Investigation or any other
4 Federal agency.
5 (3) The origin and disposition of the so-called Ilus-
6 ton Plan to apply United States intelligence agency
7 capabilities against individuals or organizations within
8 the United States.
9 (4) The extent to which the Federal Bureau of In-
10 vestigationn, the Central Intelligence Agency, and other
11 Federal law enforcement or intelligence agencies coordi-
12 nate their respective activities, any agreements which
13 govern that coordination, and the extent to which a lack
14 of coordination has contributed to activities or actions
1.5 which are illegal, improper, inefficient, unethical, or con-
16 Crary to the intent of Congress.
17 (5) The extent to which the operation of domestic
1.8 intelligence or coiniterintelligence activities and the
19 operation of any other activities within the United States
20 by the Central Intelligence Agency conforms to the leg-
21 illative charter of that Agency and the intent of the
22 Conrgres .
((3) The past and present interpretation by the
JG)
24 Director of Central intelligence of the responnsihility to
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cs it re a es o
protect intelligenre sources an met ro as
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r
1 the provision in section 102 (cl) (3) of the National
2 .Security Act of 1947 (50 U.S.C. 403 (d) (3) ) that
9 "... that the agency shall have no police, subpena, law
4 enforcement powers, or internal security functions...."
5 (7) Nature and extent of executive branch over-
6 sight of all United States intelligence activities.
7 (8) The need for specific legislative authority to
8 govern the operations of any intelligence agencies of
9 the Federal Government now existing without that
10 explicit statutory authority, including but not limited to
11 agencies such as the Defense Intelligence Agency and
12 the National Security Agency.
13 The nature and extent to which Federal agencies
14 cooperate and exchange intelligence information and
15 the adequacy of any regulations or statutes which
16 govern such cooperation and exchange of intelligence
17 information.
1.8 (9) The extent to which United States intelligence
19 agencies are governed by Executive orders, rules, or
20 regulations either published or secret and the extent
21 to which those Executive orders, rules, or regulations
22 interpret, expand, or are in conflict with specific legis-
23 lative authority.
24 (10) The violation or suspected violation of any
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S. h cs. 2 1. 2
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State or Federal statute by any intelligence agency or
by any person by or on behalf of any intelligence agency
of the III ederal Government including but not limited
to surreptitious entries, surveillance, wiretaps, or eaves-
dropping, illegal. opening of the United States mail, or
the monitoring of the United States mail.
(11) The need for improved, strengthened, or con-
solidated oversight of United States intelligence ac-
tivities by the Congress.
(12) Whether any of the existing laws of the
United States are inadequate, either in their provisions
or manner of enforcement, to safeguard the rights of
American citizens, to improve executive and legislative
control of intelligence and related activities, and to re-
solve uncertainties as to the authority of United States
intelligence and related agencies.
(13) Whether there is unnecessary duplication of
expenditure and effort in the collection and processing
United States a
ence infolmation b
encies
of intelli
y
g
g
.
19
20 (14) The extent and necessity of overt and covert
intelligence activities in the United States and abroad.
22 (15) Such other related matters as the committee
deems necessary in order to carry out its responsibilities
a snider section (,I).
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25 Six. 3. (a) To enable the select committee to make
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the investigation and study authorized and directed by this
2 resolution, the Senate hereby empowers the select commnittee
3 ~ as an agency of the Senate (1) to employ and fix the com-
4 pensation of such clerical, investigatory, legal, technical,
5 and other assistants as it deems necessary or appropriate,
6 but it may not exceed the normal Senate salary schedules;
7 (2) to sit and act at any time or place during sessions,
8 recesses, and adjournment periods of the Senate; (3) to hold
9 hearings for taking testimony on oath or to receive docu-
10 mentary or physical evidence relating to the matters and
11 questions it is authorized to investigate or study; (4) to
1.2 require by subpena or otherwise the attendance as witnesses
13 of any persons who the select committee believes have
14 knowledge or information concerning any of the matters
15 or questions it is authorized to investigate and study; (5)
16 to require by subpena or order any department, agency,
1.7 officer, or employee of the executive branch of the United
18 States Government, or any private person, firm, or corpora-
19 Lion, to produce for its consideration or for use as evidence
20 in its investigation and study any books, checks, canceled
21. checks, correspondence, communications, document, papers,
22 physical evidence, records, recordings, tapes, or materials re-
23 hating to any of the matters or questions it is authorized to
24 investigate arid study which they or any of thew may have
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25 in their custody or Linder their control; (6) to make to the
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S
Senate any recornniencl.ations it deems appropriate in respect
to the willful failure or refusal of any person to answer ques-
tions or give testimony in his character as a witness during
4 his appearance before it or in respect to the willful failure
5 or refusal of any officer or employee of the executive branch
17
of the united States (: overnmen.t or any person, firm, or
corporation to produce before the committee any books,
checks, canceled checks, correspondence, communications,
document, financial records, papers, physical evidence,
records, recordings, tapes, or materials in obedience to any
subpena or order; (7) to take depositions and other testi-
mony on oath anywhere within the United States or in any
other country; (8) to procure the temporary or intermit-
tent services of individual consultants, or organizations there-
of, in the same manner and under the same conditions as
a standing committee of the Senate may procure such serv-
ices under section 202 (i) of the Legislative Reorganiza-
tion Act of 1946; (9) to use on a reimbursable basis, with
the prior consent of the Committee on Rules and Adminis-
20 tration, the services of personnel. of any such department
or agencyr; (10) to use on a reimbursable basis or other-
wise with the prior consent of flue chairman of any sub-
committee of any coinniittee of the Senate the facilities or
services of any members of the staffs of such other Sena (c
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conaiii(tees or any subcommittees of such other Senate coin-
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ill Itet whenever` the select con.unittce or its cha.iriuatt deans
.h ..t such ,,(C(it i5 necessary or appropriate to enable the
slcct coitttuit'tce to make the investigation and study author-
zed ;-lid directed by this resolution; (11) to have direct
access through the agency of auy members of the select
eotittllittee or any of its investigatory or legal assistants
designated by it or its chairman or the ranking minority
member to any data, evidence, information, report, analysis,
9 or document or papers, relating to any of the natters or
questions which it is authorized and directed to investigate
and study in the custody or under the control of any depart-
mzlent, agency, officer, or employee of the e-ecutive branch
of the United States Government, including any department,
agency, officer, or employee of the United States Govern-
ment having the power under the laws of the United States
to investigate any alleged criminal activities or to prosecute
persons charged with crimes against the United States and
any department, agency, officer, or employee of the United
States Government having the authority to conduct intelli-
Bence or surveillance within or outside the United States,
without regard to the jurisdiction or authority of any other
Senate committee, which will aid the select committee to
prepare for or conduct the investigation and study authorized
2.1 and directed by this resolution; and (l2) to expend to the
040008.0s
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Mly 11,10110
 Approved For Release 2005/04/27 : CIA-RDP77M00144R001200040008-0
10
1 made available to it by the Senate to perform the duties
2 and exercise the powers conferred upon it by this resolution
3 and to make the investigation and study it is authorized by
4 this resolution to make.
5 (b) Subpeuas may be issued by the select committee
E; acting through the chairman or any other member designated
7 by him, and may be served by any person designated by
8. such chairman or other member anywhere within the herders
9 of the United States. The chairman of the select committee,
10 or any other member thereof, is hereby authorised to admin-
11 inter oaths to any witnesses appearing before the committee.
12 (c) In preparing for or conducting the investigation
13 and study authorized and directed by this resolution, the
14 select committee shall be empowered to exercise the powers
15 conferred upon committees of the Senate by section 6002 of
1G title 18, United States Code, or any other Act of Congress
17 regulating the granting of immunity to witiiesses.
18 Si,T. 4. The select committee shall have authority to
19 recommend the enactment of any new legislation or the
20 amendment of any existing statute which it considers neces-
21 sary or desirable to strengthen or clarify the national secu-
22 rite, intelligence, or surveillance activities of the United
23 States and to protect the rights of United States citizens
24 with regard to those activities.
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25 5. ~1lie ;elect committee slmat make a anal report
 Approved For Release 2005/04/27 CIA-RDP77M00144R001200040008-0
11
1 of the results of the investigation and study conducted by
2 it pursuant to this resolution, together with its findings and
3 its recommendations as to new congressional legislation it
4 deems necessary or desirable, to the Senate at the earliest
5 practicable date, but no later than September 1, 1975. The
6 select committee may also submit to the Senate such interim
7 reports as it considers appropriate. After submission of its
8 final report, the select committee shall have three calendar
9 months to close its affairs, and on the expiration of such
10 three calendar months shall cease to exist.
11 Sic. 6. The expenses of the select committee through
12 September 1, 1.975, under this resolution shall not exceed
13 $750,000 of which amount not to exceed $100,000 shall. be
14 available for the procurement of the services of individual
15 consultants or organizations thereof. Such expenses shall be
16 paid from the contingent fund of the Senate upon vouchers
1.7 approved by the chairman of the select committee.
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 Approved For Release 2005/04/27 : CIA-RDP77M00144R001200040008=0
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 25X1 Approved For Release 2005/04/27 : CIA-RDP77M00144R001200040008-0
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