RIGHT TO PRIVACY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800110064-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 9, 2016
• Document Release Date: August 27, 2001
• Sequence Number: 64
• Publication Date: September 17, 1975
• Content Type: OPEN

S 16056 Approver For Releagg)N W~
We, therefore, recommend that; the Na-
tional Medical Association:
1. Support legislation designed to increase
research and development of alternate energy
sources.
2. Support national agencies such as the
Environmental Protective Agency in promot-
ing `comprehensive environmental monitor-
ing programs.
3. Encourage Constituent State organiza-
tions to pursue similar programs at the State
level.
4. Establish a permanent Committee on
Environmental Health and Safety.
"NUCLEONICS WEEK" REPORT
Some 250 Los Alamos scientists, among
others, constructively question nuclear power
in a manifesto ... If answers to their ques-
tions are not forthcoming within 2 years,
however, they call for a moratorium on new
nuclear plants. The group, New Mexico Citi-
zens For Clean Air- and Water, has about
2,000 members, of which some 400 work at
(nearby) Los Alamos Scientific Labs [one of
America's 3 main atomic labs-the other 2
being Oak Ridge and Hanford] ... The
group was formed some time ago to tackle
the 4 Corners fossil power plant at the junc-
tion of New Mexico and 3 other states, but
has now turned to question nuclear power.
The manifesto advocates abandoning Price-
Anderson liability indemnification protec-
tion, since, if nuclear plants are as safe as
proponents claim, utilities and others should
not need the coverage; Price-Anderson elim-
ination will stimulate utilities and others
to be less lax in their standards, the paper
says.
A full-scale test of an emergency core cool-
ing system is advocated, using a reasonable
mock-up of a several-hundred Mw reactor,
said Bartlit (chairman of the group). Nuclear
power plants should also be sited in or close
to the urban electrical load centers rather
than in rural areas-if they are as safe as
their proponents say, the manifesto says.
The group is concerned with long term
storage of high level nuclear wastes and its
manifesto proposes ... federal funding of
solar and geothermal research at a level equal
to that of nuclear energy. Bartlit acknowl-
edged that ERDA is examining salt beds in
New Mexico for permanent disposal of high
level wastes. The group does not think this
is any worse or better than putting the
wastes elsewhere.
If these problems are not solved or being
solved within 2 years, we. would oppose fur-
ther construction of nuclear plants, said
Bartlit (and) added, "Lack of public pressure
virtually ensures that the situation is ig-
nored."
"The manifesto has taken about 18 months
to prepare, and began with a much more
extreme antinuclear flavor. The heavy con-
tribution made by LASL people modified its
tone considerably," said Bartiit.
(Free copies of the full position paper-
which also contains a full-scale discussion
of the case with which illicit atomic bombs
can be privately manufactured, as well as a
detailed account of the actual routing of a
trans-national shipment of plutonium from
Japan to Cheswick, Penna., are available
from: New Mexico Citizens for Clean Air and
Water, 100 Circle Drive, Santa Fe, New Mexico
87501.)
NATIONAL ADA POLICY ON NUCLEAR ENERGY
The further construction of nuclear power
plants should be stopped immediately for a
moratorium period of ten years. Because of
the serious dangers to public health and
safety and because of the jeopardy imposed
upon future generations who must guard in-
definitely the nuclear wastes we are now pro-
ducing, ADA urges the. phasing out of the
entire nuclear fission power program. The
$?Nm-RDe0R11DA4- g=01IOO6t tmber 17, 1975
development of alternative sources of energy
must actively be encouraged and funded as a
top national priority.
There are several factors which make fur-
ther construction of nuclear fission plants
unconscionable:
1. Serious safety defects found in present
nuclear plants indicate that the possibility
of catastrophic disaster by accident or sabo-
tage is not negligible, despite assurances to
the contrary by the Atomic Energy Commis-
sion (Rasmussen Report, 1974). The credi-
bility of the AEC's safety. claims is seriously
questioned by both the strict limitation of
liability for a nuclear accident imposed by
the Price-Anderson Act (1974) and the total
unavailability of insurance coverage to in-
dividuals for nuclear accidents.
2. The storage of dangerous radioactive
wastes requires us to impose upon all fu-
ture generations the moral obligation to safe-
guard these lethal nuclear by-products. We,
therefore, have to guarantee or assume a
stable social and political system without
human error or acts of God for at least 10,-
000 years-an obvious impossibility.
3. Theft of bomb-quality, fissionable mate-
rial for use by terrorists or criminals is a
real possibility with present-day safeguards.
Production and shipment of huge quanti-
ties of plutonium for future nuclear breeder
plants is an invitation to theft and nuclear
l^lackmail.
4. A security system which could prevent
any theft or sabotage of nuclear material
would have as a necessary consequence the
serious infringement on the civil liberties
and privacy of millions of Americans.
5. Plutonium is perhaps the most deadly
substance i nown to man. The possibilities of
sabotage or an. accident due to human error
are demonstrated by the nuclear industries'
poor safety record. The benefits of nuclear
power from breeder reactors cannot compen-
sate for the jeopardy to human health.
6. The threat to health from the low-level
radiation given off by present nuclear plants
is unknown. Recent studies have shown that
long-range exposure to very low levels of
radiation may cause serious damage. Thus,
even in normal, "safe" operation, present day
nuclear plants pose an indeterminate and
potentially serious threat. to health.
7. Alternative energy sources, such as solar
or geothermal energy, should be economically
feasible and can be exploited by full-scale re-
search and development programs.
8. A long-term program of energy conserva-
tion, coupled with more complete exploita-
tion of available fossil fuels, should avoid the
need for nuclear reactors and provide the
needed time for development of alternative
energy sources.
9. There is serious question to the economic
advantage of nuclear reactors over alterna-
tive energy sources.
ADA, therefore, -advocates the following
measures:
1. The breeder reactor energy program, in
view of its known and potential risks and
its huge costs should be abandoned immedi-
ately.
2. A ten-year moratorium on construction
of any nuclear power plants should be im-
plemented immediately.
3. Present nuclear power plants should be
[Editorial From the Detroit Free Press,
Aug. 8, 19751
NUCLEAR PowEa DANGERS MUST NOT GO
IGNORED
The Nation cannot afford to ignore the
warnings about the dangers of nuclear
power that were issued this week by some
2,300 American scientists. President Ford
should follow the recommendations made by
the scientists, lest a major nuclear tragedy
occur as a result of our failure to take heed.
The country's nuclear power program has
been under attack for many months by a
wide variety of consumer and environmental
groups. Part of the nuclear power industry's
response to this attack was that no repu-
table scientists doubted the safety of nuclear
reactors.
This argument has now been laid to rest.
The petition presented to Mr. Ford this week
was prepared by five of the most eminent
scientists in the nation, and was signed by
more than 2,300 biologists, chemists, physi-
cists, engineers and other scientists. Nine
Nobel Prize winners were among the dis-
tinguished group that ' endorsed the state-
ment.
In defining the dangers inherent in the
nuclear power program, the scientists' pe-
tition cited three main areas of concern:
The basic safety of nuclear reactors. The
petition asserts that while no major accident
has ocurred to date, the record shows "many
malfunctions of major equipment, operator
errors and design defects, as well as a con-
tinuing weakness in the quality control prac-
tices" of plant construction.
The problem of disposal of nuclear waste.
This waste is highly radioactive and danger-
ous, and no feasible method has yet been
devised for its disposal, according to the
scientists. This radioactive waste, the peti-
tion concludes, is "a grim legacy from the
nuclear program to future generations."
The danger that plutonium produced in
nuclear reactors could be stolen or diverted
to construct "illicit nuclear explosives or
radiological terror weapons." Safeguards in
this area, the scientists found, are wholly
inadequate.
The study concluded that nuclear power
plant construction should be "drastically re-
duced" until research can be done to start
solving the dangers cited. It also called for
an end to American exports of nuclear
plants, and urged a long-term program of
energy conservation and exploration of
alternative energy sources such as environ-
mentally controlled coal power, solar energy
and fusion.
These recommendations are cogent and re-
sponsible, and must be adopted promptly by
the government. The nation's long-range en-
ergy problems are very real, and nuclear
power may yet hold part of the answer. But
it seems clear that the country has seriously
underestimated the dangers of nuclear
power, and has overemphasized its potential
for solving the energy crunch. It is time to
readjust our energy priorities, in accordance
with new information, and to demand a
higher standard of proof from those who ad-
vocate increased reliance on nuclear energy.
phased out gradually, on a case-by-case basis,
as alternative power sources are developed, Mr.
or as operating dangers prohibit their safe
4. Funding of research and development of
alternative energy technologies such as solar,
geothermal, or fusion energy should be a top
national priority.
5. We are opposed to the exportation of any
nuclear reactors, because no safeguards can
be devised which are adequate in view of the
enormous risks involved.
8. A long-term program of energy conser-
vation should be developed and enforced.
sore tl Cnliiln extent or -Pmment'g s capacity-an some Ines. n-
innova-
I am pleased to note that legislation to
curb such excesses and to provide clear
Approved For Release 2001/08/30 : CIA-RDP77M00144R000800110064-5
 September 17, 19 75?ipprove#6p4- ft-16 1/
M
&&W
NMA also endorses the Nuclear Energy program and thus ehance the risks of serious
Reappraisal Act introduced in the House accidents.
of Representatives with 24 cosponsors The nuclear power program in this coun-
by Representatives HAMILTON FISH and try is now the focus of a burgeoning con-
troversy. Many thoughtful members of the
NED PATTISON. technical community, and some of the Gov-
It is reassuring to see physicians par- ernment agencies With responsibilities relat-
ticipating in the nuclear power debate, ing to the nuclear power program, hold a
because nuclear power is at bottom an variety of. reservations about the assurance
issue of public health.
I would also like to enter here a report
from Nucleonics Week about a manifesto
issued earlier this year by the New Mex-
ico Citizens for Clean Air and Water. The
group constructively questions nuclear
power. The manifesto states that if
safety, waste disposal and liability in-
surance difficulties are not ameliorated
within 2 years, a moratorium on new nu-
clear plants will be justified. Some 250
scientists from Los Alamos, a nuclear
research center, signed the manifesto.
The final resolution I wish to mention
here is a national policy paper of the
Americans for Democratic Action. The
ADA calls for a 10-year moratorium on
nuclear construction coupled with ag-
gressive development of alternative en-
ergy sources.
In addition, I would like to enter into
the RECORD an editorial published last
month by the Detroit Free Press. The
paper endorses the statement of the 2,300
scientists and calls for the drastic re-
duction urged in their statement. The
newspaper concludes:
It seems clear that the country has
seriously underestimated the dangers of nu-
clear power, and has overemphasized its po-
tential for solving the energy crunch. It is
time to readjust our energy priorities, in ac-
cordance with new informati3n, and to de-
mand a higher standard of proof from those
who advocate increased reliance on nuclear
energy.
Mr. President, I ask unanimous con-
sent that the statement by 2,300. sci-
entists, the NMA resolution, the Nucle-
onics Week item, the ADA policy paper,
and the Free Press editorial be printed
it the RECORD.
There being no objection, the material
was ordered to be printed in the RECORD,
as follows:
DECLARATION ON NUCLEAR POWER BY MEMBERS
OF THE AMERICAN TECHNICAL COMMUNITY
Nuclear fission releases enormous energy
locked inside the atomic nucleus. Used in
anger, nuclear fission can create world-wide
devastation. Applied for peace-time electric
power generation, nuclear fission creates
massive amounts of radioactive by-products
posing grave potential hazards which can only
be controlled by an exceedingly high level of
care, perception, and diligence.
There was once widely shared enthusiasm
among scientists that nuclear fission would
represent an inexhaustible new energy
source for mankind. valuable because it
would be safe, inexpensive, and non-pollut-
ing. This early optimism has been steadily
eroded as the problems of major accidents,
long-term radioactive waste disposal, and the
of plutonium became more fully recognized, disposal, and plutonium safeguards. For
It also became clear that the nuclear power similar reasons, we urge the nation to sus.
proponents failed to appreciate in due course pend its program of exporting nuclear plants
the practical problems that could interfere to other countries pending resolution of the
with the implementation of this new tech- national security questions associated with
nology, of how companies and individuals the use by these countries of the by-product
might fail to achieve the high level of per- plutonium from United States nuclear re.
formance required to safeguard the prodi- actors.
gious quantities of radioactive materials ac- In order to reduce reliance on nuclear
cumulating in a country-wide nuclear power energy prior to resolution of the problems
of nuclear safety. The effectiveness, for ex-
ample, of basic reactor safety systems is ques-
tioned because of the lack of relevant experi-
mental evidence. The operating record of the
country's nuclear plants includes no major
nuclear accident to date, a very gratifying
fact, but the total operating record is small
and the absence of casualties is no guaran-
tee for the future. In fact, the record to date
evidences many malfunctions of major equip-
ment, operator-errors, and design defects as
well as continuing weaknesses in the quality
control practices with which nuclear plants
are constructed. Granted the present state
of reactor safety, it is difficult to see how the
occurranee of a major misshap can be pre-
cluded in decades to come in a full-scale nu-
clear power program.
No technically or economically feasible
methods have yet been proven for the ulti-
mate disposal of radioactive waste: a grim
legacy from the nuclear program to future
generations. Several proposals for dealing
with the wastes exist, and one or more of
these approaches may eventually be shown
to be satisfactory, but important questions
remain unanswered today about all of them.
The connection between commercial nu-
clear power plants and nuclear explosives
is another legitimate source of concern. Vari-
ous studies carried out by the Government,
as well as by outside reviewers, point up
multiple weaknesses In safeguards pro-
cedures intended to prevent the theft or
diversion of commercial reactor-produced
plutonium for use in illicit nuclear explo-
sives or radiological terror weapons. Pro-
posals for satisfactory plutonium safeguards
procedures appear to require special perva-
sive security apparatus, incompatible with
American traditions of freedom, an appara-
tus which could take the United States a
long way down the road to a police state.
The plutonium safeguards problem has an
international dimension because the United
States, and to a lesser extent Canada, West
Germany, and France, have begun world-
wide commercial nuclear power plant sales
programs that, If continued in their present
way, may give dozens of countries the where-
withal for nuclear weapons: the necessary
supply of plutonium.
The problems now besetting nuclear power
are grave, but not necessarily irremediable.
A major program of reactor safety, plu-
tonium safeguards, and waste disposal re-
search conducted with much enhanced pri-
ority and level of competence, might be able
to provide the answers to the technical con-
cerns that have accumulated. We urge na-
tional consideration and adoption of such a
program. In the meantime, however, the
country must recognize that it now appears
imprudent to move forward with a rapidly
expanding nuclear power plant construction
program. The risks of doing so are altogether
too great. We, therefore, urge a drastic reduc-
tion in new nuclear power plant construc-
tion starts before major progress is achieved
in the required research and in resolving
discussed above, the United States must
ado,)t realistic policies governing energy ac-
qui ition and use, the extraction, conversion,
and combustion of coal, and the develop-
me}.t of alternative sources of energy. These
poll. ;ies present grave challenges and will
call for decisions that have been largely
are Jed to date in the national debate over
energy policy.
V. e must, in the first place, commit this
cou try to a comprehensive energy conserva-
tion program. This program must increase
the sfliclency of energy use in all sectors and
elan irate the present waste in transporta-
tior space heating, and industrial uses of
ene gy.
S.-condly, we must commit this country
to +ae prompt application of air pollution
con' rol equipment at coal-burning power
plat is, to vigorous efforts to improve the
safe y of coal miners, and to a conscientious
prof ram to mitigate the damage from strip
min'ng. These procedures are essential if the
nati in is to make use of our vast coal re-
sou) ses during the period of transition from
our present mix of energy sources to the one
we levelop through research efforts in the
upc -ming decades.
FI.ially, we must commit the required
teci: iical resources to a full-scale research
and ievelopment effort to create more benign
enei ;,y producing technologies that can make
use ?f the energy of the sun, the winds, the
tide? and the heat in the earth's crust.
Fus >n energy research should also be given
an a chanced priority.
It was no mistake, following Hiroshima.
to t-y to make use of nuclear energy for
pear ful purposes. But it was a serious error
in ji dgment in the following decades to de-
vote resources to nuclear development to the
virti al exclusion of other alternatives. It has
also been unfortunate that the efforts to
com=lerciallze nuclear energy allowed safety
and national security problems to receive
less than the required consideration. The
nati+,n, on the thirtieth anniversary of Hiro-
shin:a, must take note of these facts, dimin-
ish -he large growth rate of the nuclear
prog ?am, and take other appropriate steps
to e, Sure adequate energy for the nation.
Nuci EAR POWERPLANTS---A RESOLUTION OF THE
NATIONAL MEDICAL AssOCIATION
W ereas, Nuclear powerplants in normal
operation have low-level emissions of radia-
tion; when there are mechanical failures,
thee, emissions may increase; in 1973-74 the
AEC Investigated 1148 safety violations in-
volvi ig reactors.
WT.ereas, Radionuclides contained in the
emis -tons enter the soil, air and water. They
are I-.haled or ingested by the general popu-
latio at random, localizing in various tissues
in tb body and irradiating these tissues until
their radioactivity is spent.
WI r yeas, The biological effects of low-
level :radiation are not known. Significant re-
searc i on this subject is now in progress;
,ever al investigators have suggested cor-
relat ms between the increase in nuclear re-
actor and the increase in cancer, infant
mort city and congenital abnormalities.
Wl ereas, There are serious technologycal
probi -ms in the transportation and di#osal
of radioactive wastes and in the back-ufcool-
ing : ystems in nuclear plants- Nuriierous
mino - accidents have occurred, seventh major
acrid nts have occurred and a cat4strophic
acrid nt is possible.
Wh- reas, The environmental monitoring
safeg, cards In many areas are inadequate. The
local , aopulations in the vicinitf of many nu-
clear reactors, often the ruralY poor, are ill-
infori>led as to the potential hazards.
Whereas, Several nuclear powerplants have
been constructed or are being planned in
areas where instability An the underlying
geolof ical strata are known to exist.
Approved For Release 2001/08/30 : CIA-RDP77M00144R000800110064-5
 -Seritember 17. liepf,oved Ford WgMtQWOR P7-BM&1 8000800110064-5 S 16057
procedures to protect U.S. citizens from
unwarranted surveillance, H.R.214, has
been under active consideration by a
House Judiciary Subcommittee and may
well be acted upon by the full committee
and House this session. As the principal
sponsor of the Senate version of this bill,
S. 1888, which I initially introduced in
the spring of 1974, I would like to take
this opportunity to thank my friend and
colleague in the House, Mr. MOSHER, for
his vigorous and a arts in that
body on behalf pH R. 214, f which he
I would like to C-a ffthe attention of
my colleagues a recent article which ex-
plores the need for and progress being
made by H.R. 214. Entitled,, "Privacy
Rights Pushed," this article appeared in
the September 8 issue of the Capitol Hill
Forum, a promising new periodical which
has now joined the 25-year-old Roll Call
in providing useful and informative cov-
erage of events and developments on and
around Capitol Hill. I ask unanimous
consent that this article be printed in
full in the conclusion of my remarks.
The PRESIDING OFFICER. Without
objection, it is so ordered.
(See exhibit 1.)
Mr. MATHIAS. In addition, Mr. Pres-
ident, I am pleased to note another re-
cent development related to the privacy
and the public do not become so spellbound
by the wrangling over past activities of the
intelligence agencies that they lose sight of
the broader issues that underlie the whole
debate.
The news media are titillated by stories
about how we attempted to slip Fidel Castro
a poisoned cigar, and some continue to wax
indignant over CIA involvements in coups
in Iran and Chile and who knows where else.
These are legitimate subjects of investiga-
tion and do raise serious questions about
the nature and conduct of our foreign policy.
- But the gut issue is the domestic activities
of the CIA, the Federal Bureau of Investiga-
tion, the military intelligence services, and
th f dera1 ncies Starting with the
other a age
subcommittee, Mathias and Mosher said, "It
is our firm belief that discretionary authority
in the area of government surveillance should
be removed entirely from the executive
branch. It should not be the prerogative of
the executive to determine whose rights
should be infringed upon and whose should
not. We feel the Constitution correctly indi-
cates that the courts are the only proper
place for decisions of this sort to be made."
The practical effect of passage of H.R. 214
would be to compel federal agents to go into
court and to explain to a judge, before the
fact, why a particular surveillance act is
necessary. There would be no exceptions to
this requirement, although Congressman
Mosher concedes that standards of proof may
var in some cases, such as in matters relat-
Ervin Committee's mind-boggling disclosure ingy to espionage or international intelli-
of the Huston plan, and continuing to the Bence gathering.
present time, we have seen myriad revela-
tions of cases in which the U.S. government The main point that Mosher and others
violated the rights to privacy of American make is that Americans need to be assured
citizens. that their rights will not be tampered with
To cite a few of the more blatant examples, unless a court has given its prior approval.
we have learned in recent years of Army Privacy advocates cite the problem of the so-
spies at the 1968 Democratic convention; CIA called "chilling effect" as evidence of the
openings of thousands of pieces of mail; need for this assurance.
Mosher notes that he has received letters
National Security Agency interceptions of from several constituents who feared they
thousands of telephone calls; FBI break-ins might be subject to government surveillance.
and burglaries at hundreds of locations; mail More importantly, he believes that citizens
covers placed on hundreds of citizens by the are refraining from participating in legiti-
Post Office, acting on behalf of dozens of mate political exercises-such as writing to
agencies; and Internal Revenue Service per- congressmen or newspaper editors, joining
sonnet spying on the private activities of in peaceful demonstrations, contributing to
dozens of individuals. Every one of these controversial political parties, etc.-out of
activities involved the federal government fear of becoming targets of government
spying on private citizens; in none of these surveillance.
cases was a warrant or other prior court The Ohio Republican is still in the process
approval sought or granted. of polling a sampling of his colleagues on
Are these isolated cases? I don't think so. this subject
but preliminary results already
,
lative agenda, including the following Neither are they necessarily related, how- show substantial agreement that the chilling
statement: ever. What all of these examples point out effect is a valid theory and that a high per-
We must consider legislation to assure is that federal statutes are sufficiently vague, centage of congressmen say they have re-
American citizens that they will not be sub- and executive agencies' self-restraints and ceived letters or calls from constituents who
ject to arbitrary or unjustified surveillance internal controls are so weak, that time after feel they are being monitored by the
by government agents and to protect citi- time, in wholly unrelated cases, we see evi- government.
zens' right-to-privacy. dente of a gross lack of awareness or concern The Judiciary Committee and, later, the
for citizens' rights to privacy. Admittedly, -whole House will soon have the opportunity
Coupled with the excellent report is- those rights are not very precisely defined, to correct this imbalance, to tug our national
sued last year by the House Republican but it does not take much imagination to policy away from permitting arbitrary execu-
Task Force on Privacy, this statement figure out what is an invasion of some- tive decisions in the privacy area and in-
helps to underscore the commitment of one's privacy and what is not. stead move toward a strict statutory defini-
the Republican side of what I hope will There is presently an effort underway in tion of limitations on surveillance, with the
be a major bi-partisan effort on this cru- Congress to help provide better protection courts-not the snoopers-interpreting the'
for US citizens against undue surveillance by laws.
cial issue.
The exhibit follows:
EXHIBTT 1
PRIVACY RIGHTS PUSHED
their government. New legislation is quietly
working its way to the floor.
The Bill of Rights Procedures Act (H.R.
214) appears to be the main bill under eon-
sideretion at this time.
Marc H. Rosenberg) ducedlast spring by Senator Charles MCC.
Political Washington is a city that is con- Mathias (R-Md.) and Rep. Charles A.
stantly caught up in a tug-of-war between Mosher (R-Ohio), this bill is now co-spon-
the executive and legislative branches of sored by a strong bipartisan group of 73
government. Occasionally, the courts pitch congressmen; it has been endorsed by the
in to add their weight on one side or the House Republican Task Force on Privacy.
other or to pull in a new direction. The New York Times, and many groups in
Lately, the Central Intelligence Agency between. The proposed legislation would
(CIA) and other intelligence-related agencies make it a criminal offense for any agent of
have been a primary focus of executive- the federal government to conduct any form
legislative contention. From the preliminary of surveillance of a private American citi-
reports, it is increasingly clear that the agen- zen unless a Court order is first obtained.
ties have. been guilty of various transgres- The House Judiciary Subcommittee on
sions in'the not-so-distant past and that Courts, Civil Liberties and the Administra-
some new legislation may result from the on- tion of Justice, chaired by Rep. Robert Kas-
going inquiries. tenmeier (D-Wis.), has been holding hear-
As the- Congress moves closer to creating ings on H.R. 214 sporadically during the past
new statutory restrictions on the intelligence six months; the last day of hearings is now
agencies, the tug-of-war will intensify. The scheduled for September 8. By early Octo-
executive branch will swear that the "horror ber, the bill should be in subcommittee
stories" that have-come to the public's at- mark-up, with favorable action expected.
tention were unique and will never happen The Bill of Rights Procedures Act embodies
again. New administrative .guidelines will be two very fundamental concepts. They are:
announced, and thear;ument will be made (1) No individual citizen's rights to pri-
that any legislation IIl_ this area would im- vacy should be abridged by the government
pede the President in the exercise of his con- without the prior knowledge and written ap-
stitutional authorities as Commander-in- proval of the courts;
Chief. (2) Any federal agent conducting warrant-
Let us hope that Congress and the Ameri- less surveillance should be held personally
can public are not- diverted by these argu- liable for criminal law penalties.
ments. We must take care that Congress In joint testimony before the Kastenmeier
UNITED STATES-CUBA RELATIONS
Mr. STONE. Mr. President, on July
2, 1975, three Cuban trained agents, na-
tives of the Dominican Republic, in-
filtrated this country through Palenque
Beach, situated west of the capital city
of Santo Domingo, in San Cristobal
Province.
The three agents had lived in Cuba,
and infiltrated the Dominican Republic
via Puerto Rico, where they were assisted
in their operation by members of the
Puerto Rican Socialist Party-PSP.
Three members of this party, John
Thomas Sampson Fernandez, trained in
Cuba himself; Angel Gandia, a mem-
ber of its central committee; and Rafael
Garcia Zapata, transported guerrilla
members Claudio Caamano Grullon,
who headed the group, Manfredo Casa-
do Villars, and Toribio Pena Jaquez from
Puerto Rico to the Dominican Republic
on a motorboat outfitted with two 115-
horsepower outboard motors capable of
a speed of 30 knots. The Puerto Ricans,
headed by Gandia, departed with the
Cuban trained agents from a beach in
northeastern Puerto Rico.
The three Puerto Ricans were arrested
by Dominican authorities after docking
Approved For Release 2001/08/30 : CIA-RDP77M00144R000800110064-5
 S16058
Approved For ~~ ~~ 1 ~ : 77N~l C 1 W00800'f~0e~ ~5abea^ a; ~ F.,yr
in La Romana sugar mill to refuel the
motorboat after landing the three agents.
They admitted at a June 24 press con-
ference in Santo Domingo to having
transported the agents under orders from
the PSP. Sampson said that he met
Caamano, the guerrillas' leader, in a San
Juan, Puerto Rico, house about 1 month
before, and that Caamano told him the
part of the Dominican coast where he
wanted to land. Sampson also said that
he and the other two Puerto Ricans re-
ceived direct instructions from Nestor
Nazario, a member of the political com-
mittee of the PSP.
In a June 6 joint communique, the
Dominican Armed Forces and National
Police stated that the Cuban trained
agents clandestinely entered the country
in order to carry out acts of sabotage,
kidnappings, assassination attempts and
destruction of public and private prop-
erty. The guerrillas wanted to establish
a focal point in the Dominican mountains
from which to carry out these activities.
This guerrilla warfare tactic is typical
of those exported by the present Cuban
regime, which has so far failed in Latin
American countries including Uruguay,
Bolivia, Venezuela, and the Dominican
Republic. The Cuban-trained guerrilla
group headed by Colonel Francisco
Caamano Deno, which left Cuba and in-
vaded the Dominican Republic in Febru-
ary of 1973 attempted to carry out this
same tactic. The three Cuban trained
agents who infiltrated the Dominican
Republic in June of this year also par-
ticipated in the 1973 invasion and their
leader, Claudio Caamano Grullon, is the
nephew of Colonel Francisco Caamano
Defi6. After the aborted invasion In 1973,
the three eluded capture by Dominican
authorities and returned to Cuba where
they received training to renew guerrilla
warfare activities in the Dominican Re-
public. This time, however, our common-
wealth island of Puerto Rico was used
as the base of operations against that
country.
A. report attributed to the Dominican
Foreign Ministry and dated June 6, 1975,
describes the involvement of the three
Puerto Rican PSP members. According to
news stories, the report was handed to
the U.S. Ambassador in Santo Domingo,
Robert A. Hurwitch: by Dominican For-
eign Relations Minister Ramon Emilio
Jimenez. The report refers to the June
11 statement of Assistant Secretary of
State William Rogers that the United
States "is concerned with Cuba's attitude It Is our understanding that the three Dc
about Puerto Rico." The report states minicans said to have entered the Domin;
that this remark refers to the belief that can Republic from Puerto Rico have nc-
Cuba is using Puerto Rico as a "bridge- been located. The three Puerto Rican.
head" for the exportation of revolution charged d with in transporting brig anthem y such iperson
to the surrounding countries, and that Into the Dominican Republic.
the case of the three Puerto Ricans de- The three Puerto Ricans were tried an,
tained in the Dominican Republic may found guilty on July 31 of three violation:
be the first instance of this belief. of Dominican law: introduction of subver
In this regard it is interesting to re- saves, attempts against the legally consti
ex
call that in 1967, the present leader of date ted appeal al troc,reddud cohaveracy. not been en of thl:
the PSP, Juan Mari Bras, declared: rous da,ted and there are e Indications that at s
h th~
Just as imperialism uses Puerto Rico as sentence will be appealed by defense law
a bridgehead for Its penetration of Latin yers. The Department is not in a position a.
America, so will the Movimiento Pro In- this time, to evaluate fully or reconcile the
dependentista offer itself as a bridge over various statements which have been mad,
which world revolution can penetrate into concerning the alleged invasion. Recently
the United States. the Dominican Chief of Police expressed the
possibility that the three Dominicans had
again left the country.
As you know, Cuba's policies in the Hemi-
sphere are closely watched by the U;:ited
States Government. We are following devel-
opments concerning the alleged guerrilla
landing in the Dominican Republic closely
in the context of Cuba policy.
Sincerely,
ROBERT J. MCCLOSIIEY,
Assistant Secretary for Congressional
Relations.
DOMINICAN REPUBLIC JOINT MILITARY -PC.? WE
COMMUNIQUE
(Informal English text)
JUNE 6. 1975.
The armed forces and the national police
inform the public that the security measures
that were adopted throughout the country
on 4 June are due to reports received by the
official intelligence services to the effect that
Claudio Caamano Grullon, Toriblo Pena
Jaquez and Manfredo Casado Mejia, as well
as others so far not identified, have secretly
entered the country from Cuba and plan to
stage terrorist acts (kidnappings, sabotage,
attempts against public and private property
and against certain persons, and so forth 1 in
order to create the necessary conditions for
the eventual disruption of public order.
Both the armed forces and the national
police will endeavor to the extent of their
ability to avoid unnecessary inconvenience to
the public with these measures. However,
they cannot under any circumstances per-
mit these evil plans by bad Dominicans
who--in connivance with international
groups---are trying to create uneasiness and
unrest among Dominicans.
The cooperation of all persons who ap-
preciate the peace the country is enjoying at
the present time will be of great help to the
armed forces and the national police in
locating and capturing this group of del;-n-
quents.
TRANSLATION OF REPORT ATTRIBUTED TO DO-
MINICANFOREIGN MINISTRY AND REPORTEDLY
HANDED TO AMBASSADOR ROBERT HURWrrCH
BY DOMINICAN FOREIGN RELATIONS MINISTER
JIMINEZ, MINISTRY OF FOREIGN RELATIONS
YEAR OF THE WOMAN, QUALITY, DEVELOPMENT
AND PEACE
a -The Dominican Government is exercis-
ing its sovereignty in the case of the three
Puerto Rican citizens who were apprehended
on our shores without (being able to show
any) real apparent reason (for being there).
The respect for sovereignty Is one of the
most elemental principles of international
law.
b-In the specific case of these three
Puerto Rican citizens, apprehended on the
east coast of the Dominican Republic, there
exists another aggravating circumstance
which Is that all of them are members of the
Puerto Rican Socialist Party. One of them is,
according to the assertions of his oWh com-
rades, a member of the central committee of
said organization.
It is universally known that the PSP is
part of the International Com zlnist move-
ment and that it has close anstrong rela-
tions with Cuba.
c.-In a recent appearance of the Secretary
for Latin American Affairs )*fore a congres-
sional committee of the U jilted States, Wil-
liam Rogers stated that one of the major
concerns of his country f'egarding Cuba was
the attitude of the Cubans towards Puerto
Rico. The interpretation of this concern is
translated in the fact'that there exist cer-
tain suspicions that Cuba may use its Puerto
Rican contacts as a bridgehead between the
other countries In the area.
The possibility exists that this may be the
first instance of this suspicion, in the case of
Approved For Release 2001/08/30 : CIA-RDP77M00144R000800110064-5
The MPI, of which Mari Bras a-as
chairman at that time, subsequently ',)e-
came the Puerto Rican Socialist Pal ty,
which according to the above mentiol ed
Dominican Foreign Ministry rep ~rt
maintains "close and strong relatie. ns
with Cuba." Puerto Rican Gov. Raf ael
Hernandez Colon recently declared ti_at
many members of the PSP frequer. ly
travel to Cuba, where it maintain. a
delegation which is recognized by 1;he
Cuban regime as the legitimate rep.-e-
sentative of Puerto Rico.
At this time I ask unanimous cons( nt
that a letter I sent to State Departmc nt
Assistant Secretary for Congressional
Relations Robert McCloskey concerning
this matter be printed in the RECORD f: c-
companied by its reply as well as trai s-
lations of the report in question and of
the joint communique of the Dominic in
armed forces and national police.
There being no objection, the mater al
was ordered to be printed in the RECO D,
as follows:
Assistant Secretary for Inter-American I-
! airs, Department of State, Washingt, ea,
I) .C.
DEAR MR. ROGERS: I have in my possessl n
a copy of the attached report of the Min
try of Foreign Relations of the Dominic n
Republic. The report was handed in Sai:.".o
Domf:lgo by Minister of Foreign Relatic is
Ramon Emilio Jimenez to United States A: i-
bassador Robert A. Hur`witch.
I would like to know to what extent tj ;s
report may be taken as an indication of t.,e
position of the Dominican Republic regardi g
the militant activities of last mouth In ti-, t
country, and whatsignificance it contains n
our Cuba policy.
I will appreciate your answering this le -
ter at your earliest convenience.
Warm personal regards.
Most cordially,
RICHARD (DICK) STONE.
DEPARTMENT OF STATE,
Washington, D.C., August 29, 1975.
Hon. RICHARD STONE,
U.S. Senate,
Washington, D.C.
DEAR SENATOR STONE: Thank you for yol.r
letter of July 30 enclosing various documen s
concerning three Puerto Rican-American;
implicated In a guerrilla landing in the Dc -
minican Republic. These documents are nc t
signed nor is it clear to us to whom they we*
directed.
The position of the Dominican Armed
Forces and National Police was express( 'l
publicly in the joint communique of June