CIA VIEWS OF S. RES. 400

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91M00696R000100090002-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 27
• Document Creation Date: December 16, 2016
• Document Release Date: January 7, 2005
• Sequence Number: 2
• Publication Date: May 28, 1976
• Content Type: MF

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94TH CONGRESS
2D SEss LON
S. RES. 4
[Report No. 94-575x]
[Report No. 94-770]
IN THE SENATE OF TIIE TTNITED STATES
MARCH 1,1976
Mr. MANSFIELD (for Mr. RIr3ICOPI?') (for himself, Mr. Cllurlcrr, Mr. PERCY, Mr.
BALER, Mr. BROCN, Mr. CHILES, Mr. GLEN .r, 1111'. IIUDDLESTON, Mr. JACK
SON, Mr. JAVITS, All'. MATITIAS, Ml'. METCALF, Mr. MONDALE, Mr. MORCAN,
Mr. Musxir., Mr. NuNN, Mr. RoTir, Mr. Scllvj?rn En,) and Mr. WEICI[ER)
submitted the following resolution; which was referred to the Committee.
on Government Operations
MArchI 1, 1976
Reported by Mr. MANSFIELD (for Mr. Rrnicorr), without arnendmeut
MARCH 1,1976
Referred to the Committee on Rules and Administration fora period extending
no later than March 20, 1976
MARCH 18, 1976
Reported by Mr. MANSFIELD (for Mr. CANNON), without ainendrnent
MARCH 18;1976
Referred simultaneously to the Committee on the Judiciary and the Committee
on Rules and Administration with instilrctions that the Committee on the
Judiciary make its recommendations to the Committee on Rules and
Administration no later than March 29, 1976, and that the Committee on
Rules and Administration files the report no later than April 5, 1976
APRTL 1,1976
Committee on Rules and Administration authorized to report no later than
April 30, 1976, by unanimous consent
AI'r.TL 29, 197 6
Reported by Mr. CANNoN, with an amendment, and an amendment to the title
11MIAr 19,1976
Considered, amended, and agreed to
[Strike out all after "Itesolr'cd," and insert the part printed in italic]
To establish a Slayiding Comm [tee of the Senate on Intelligeluee,
and for other htir poses.
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1 Resolved, That it is the purpose of this resolution to
2 establish a new select committee of the Senate, to lie known
.3 as the Select Committee on Intelligence, to oversee and make
4 continuing studies of the intelligence activities and programs
5 of the United States Government, and to submit to the Sen-
6 ate appropriate proposals for legislation and report to the
7 Senate concerning such intelligence activities and programs.
8 In carrying out this purpose, the Select Committee on Intel-
9 ligence shall make every effort to assure that the appropriate
10 departments and agencies of the United States provide in-
1.1. formed and timely intelligence necessary for the executive
7.2 and legislative branches to make sound decisions affecting the
13 security and vital interests of the Nation. It is further the
14 purpose of this resolution to provide vigilant legislative over
:1.5 sight over the intelligence activities of the United States to
1C assure that such activities are in conformity with the Con-
17 stitution and Laws of the United States.
18 SEC. 2. (a) (1) There is hereby established a select
19 committee to be known as the Select Committee on Intelli-
20 Bence (hereinafter in this resolution referred to as the "select
21 committee") . The select committee shall be composed of
22 fifteen members appointed as follows :
23 (A) two members from the Committee on
24 A pproprlations
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(B) two members from the Committee oii Armed
2 Services;
(C) two members from the Committee on Foreign
4 Relations;
5 (D) two members from the Committee on the
6 Judiciary; and
.7 (E) seven members to be appointed from the Senate
8 at large.
9 (2) Members appointed from each committee named in
10 clauses (A.) through (I)) of paragraph (1) shall be evei.ily
11 divided between the two major political parties and shall be
12 appointed by the President pro tempore of the Senate upon
13 the recommendations of the majority and minority leaders
14 of the Senate. Four of the members appointed under clause
15 (E) of paragraph (1) shall be appointed by the President
16 pro tempore of the Senate upon the recommendation of the
17 majority leader of the Senate and three shall be appointed
18 by the President pro tempore of the Senate upon the reeom-
19 mendation of the minority leader of the Senate.
20 (3) The majority leader of the Senate and t ie minority
21 leader of the Senate shall be ex officio members of the select
22 committee but shall have no vote in the committee and shall
23 not be counted for purposes of determining a quonun.
24 (b) No Senator may serve on the select committee for
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1 more than eight years of continuous service, exclusive of
2 service by any Senator on such committee during the Ninety-
3 fourth Congress. To the greatest. extent practicable, one-third
4 of the Members of the Senate appointed to the., select com-
5 mittee at the beginning of the Ninety-seventh Congress and
6 each Congress thereafter shall be Members of the Senate
7 who did not serve on such committee Euring the preceding
8 Congress.
9 (c) At the beginning of each Congress, the Members
1.0 of the Senate who are members of the majority party of
11 the Senate shall elect a chairman for the select committee,
1.2 and the Meml_hers of the Senate who are from the minority.
13 party of the Senate shall elect a vice chairman ,for suchi.
14 committee. The vice chairman shall.-act, in the place and
15 stead of the chairman in the absence of the chairman. Neither:
16 the chairman nor the vice chairman of the select commit--
17 tee shall at the same time serve as chairman or ranking 11117
1.8 nority member of any other committee referred to in para :
19 graph 6 (f) of rule XXV of the Standing Rules of the
20 Senate.
21 (d) For the purposes of paragraph 13(a) of rule XXV
22 of the Standing Rules of the Senate, service of a Senator as
23 a member of the select committee shall not be taken into
24 account.
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mittee all proposed legislation, messages, petitions, nieuiorials,
and other' platters relating to the following ::
(1) The Central Intelligence Agency and the
Director of Central Intelligence.
(2) Intelligence activities of all other departments
6 and agencies of the Government, including, but not
7 limited to, the intelligence activities of the Defense In-
8 telligence. Agency, the National Security Agency, and
9 other agencies of the Department of Defense; the De-
10 partment of State; the Department of Justice; and the
11 Department of the Treasury.
12 (3) The organization or reorganization of any de=
13 partnient or agency of the Government to the extent
11 that the organization or reorganization relates to a func-
15 tion or activity involving intelligence activities.
16 (4) Authorizations for appropriations, both direct
17 and indirect, for the following:
18 (A) The Central Intelligence Agency and Di-
19 rector of Central Intelligence.
20 (B) The Defense Intelligence Agency.
21 (C) The National Security Agency.
22 (D) The intelligence activities of other agen-
23 dies and subdivisions of the Department of Defense.
24 (T) The intelligence activities of the Defpa-?t-
GJ
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1 (F) The intelligence activities of the Federal
2 Bureau of Investigation; including all activities of
3 the IiiLoll igeiico Division.
(A) , (B) , or (C) ; and the activities of. any de-
(0) Any department; agency, or subdivision
which is the successor to any agency named in clause
7 partmcnt, agency, or subdivision which is the suc-
cessor to any department, agency, bureau, or sub-
9 division named in clause (D), (E), or (F) to the
10 extent that the activities of such successor depart=
11 ment, agency, or subdivision are activities described
12 in clause (D) , (F) or (F) .
13 (b) Any proposed legislation reported by the select coin-
14 mittee, except. any legislation involving matters specified in
15 clause (1) or (4). (A) of subsection - (a) , containing any
16 matter otherwise within the jurisdiction of any standing
17. committee shall, at the request of the chairman of such stand-
18 ing committee, be referred to such standing; committee for
19 its consideration of such matter and be reported to the Son-
20 ate by such standing committee within thirty days after the
21 day on which such proposed legislation is referred to such,
22 landing cornnlittee; and any proposed legislation reported,
23 L y any committee, other than the select committee, which.
24 contains any matter within the jurisdiction of the select
25 comrni ttee shall, at the request of [lie chairman of the select
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1 committee, be referred to the select committee for its coil-
2 of such matter and be reported to the Senate by
3 the select committee within thirty days after the day on
4 which such proposed legislation is referred to such committee.
5 In any case in which a committee fails to report any" pro-
6 posed legislation referred to it within the time limit prescribed
7 herein, such committee shall be automatically discharged
.8 from further consideration of such proposed legislation on
9 the thirtieth day following the day on which such proposed
10 legislation is referred to such committee unless the Senate
1_t provides otherwise. In computing any thirty-day period
12 under this paragraph there shall be excluded from such corn-
13 pu tati.on any days on which the Senate. is not in session.
14 (c) Nothing in this resolution shall be construed as pro-
15 h.ibiting or otherwise restricting the authority of any other
10' committee to study and review any intelligence activity to
17 the extent that such activity directly affects a matter other-
18 wise within the jurisdiction of such committee.
19 (d) Nothing in this resolution shall be construed 'as
20 amending, limiting, or otherwise changing the authority of
21 any standing committee of the Senate to obtain full and
22 prompt access to the product of the, intelligence activities
23 of 'arty department or agency of the Government rele-
24 vast to a matter otherwise within the ji1,risdictiori of such
25 committee.
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1.
Six. 4. (a) The select conunittee, for the purposes of
2 accountability to. the Senate, shall slake regular and periodic
3 reports to the Senate on the nature and extent of the intel-
4 ligence activities of the various departments. and agencies of
5. the United States. Such coil inrittee -shall promptly call to the
6 attention of the Senate or to any other appropriate eom-
7 inittee or committees of the Senate any matters requiring the
8 attention of the Senate or such other committee or comnniit-
9 tees. In making such reports, the select committee, shall
10 proceed in a manner consistent with section 8 (c) (2) ,to
11 protect national security.
12. (b) The select committee shall obtain an annual report
13 from the Director of the Central Intelligence Agency, the
1-1.. Secretary of Defense, the Secretary of State, and the Director
15 of the Federal Bureau of Investigation. Such reports 'shall
16- -review the intelligence activities of the agency- or depart-
17 inent concerned and the intelligence activities of foreign
18 countries directed at the United States or its . interest. An
19 unclassified version of each report inay' be made available
20 to the public at the discretion of the select committee. Notli-
21 ing herein shall be construed as requiring the public disclos-
22 t, re in such reports of the names of individuals engaged in
23- is telligerice activities for the United States or the divulging
24. of intelligence methods employed of the sources of informa-
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1 tion on which such reports are based or the amount of funds
2 authorized to be appropriated for intelligence activities.
3 (c) On or before March 15 of each year, the select
4 committee shall submit to the Committee on the Budget of
5 the Senate the' views and estimates described in section 301
6 (c) of the Congressional Budget Act of 1974 regarding
7 matters within the jurisdiction of the select committee.
8 Src. 5. (a) For the purposes of this resolution, the select
9 committee is authorized in its discretion (1) to make investi-
10 gations into any matter within its jurisdiction, (2) to make
11 expenditures from the contingent fund of the Senate, (3) to
12 employ personnel, (4) to hold hearings, (5) to sit and act
13 at any time or place during the sessions, recesses, and ad-
14 journed periods of the Senate, (6) to require, by subj end
15 or otherwise, the attendance of witnesses and the production
16 of correspondence, books, papers, and documents, (7) to
17 take depositions and other testimony, (8) to procure the
18 service of individual consultants or organizations thereof, in
19 accordance with the provisions of section 202 (i) of the Leg-
20 islative Reorganization Act of 1946, and (9) with the prior
21 consent of the Government department or agency concerned
22 and the Committee on Mules and Adininistratilon,'to, Ilse on "t
23 reimbursable basis the services of personnel of any such
24 department or agency.
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I '(b) The chairman of the select committee or any inem-
2 her thereof may administer oaths to witnesses.
_3 (c) Subpenas authorized by the select committee may
'_4 be issued over the signature of the chairman, the vice chair-
5 man, or any member of the select committee designated by
6 the chairman, and may be served by any person designated
7, by' the chairman or any member signing the sizbpena.
8 Sac. 6. No employee of the select committee or any
9 person engaged by contract or otherwise to perform services
1.0 for or at the request of such committee shall be given access
U. to any classified information by such committee unless such
12 employee or person has (1) agreed in writing and under
13 oath to be bound by the rules of the Senate (including the
14 jurisdiction of the Select Committee on Standards and Coil-
15 duct and'of such committee as to the security'of such infor
16 mation during - and after the period of his employment or
1T contractual agreement with such committee; and (2) re--
IS .'ceived an appropriate security clearance as determined by
19 "such committee in-consultation with the Director of Central.
20- Intelligence. The type of security clearance to be required in
21 the case of any such employee or person shall, within the
22 determination of such committee in consultation with the
23 Director of Central Intelligence, b,1 coinnrensurate with the
24 sensitivity of the classified inforim tion to which such em--
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1 SEC. 7. The select committee shall formulate and carry
2 out such rules and procedures as it deemns. necessaT'y to pr.e-
3 vent the disclosure, without the consent of the person _gr
4 persons concerned, of information in the possession of such
5 committee which unduly infringes upon the privacy or which
6 violates the constitutional rights of such person o:r persons.
7 Nothing herein shall be construed to prevent such committee
8 from publicly disclosing any such information in any case
9 in which such committee determines the national interest in
10 the disclosure of such information clearly outweighs' any in-
11 fr:ingement on the privacy of any person or persons.
12 SEC. 8. (a) The select committee may, subject to the
13 provisions of this section, disclose publicly: any information in
14 the possession of such committee after -a determination by
15 such committee that the public interest would be served by
16 such disclosure. Whenever committee action is required to
17. disclose any information under this section, the committee
18 shall meet to vote on the matter within five days after any
19 member of the committee requests such a vote. No member
20 of the select committee shall disclose any information, the
21 disclosure of which requires a coummniltee vote, Prior to 2m vote
22 by the conmmittee on the question. of time disclosuure.of such
23 information or after such vote except in accordance with this
24 section.
25 (lm) (1) In any case in which the select counnwittee.votes
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1 to disclose publicly any information which has been classi-
2 fled under established security procedures, --such has been
3 submitted to it by the executive branch, and which the ex-
.4 ecutive branch requests be kept secret, such committee shall
5 notify the President of such vote.
6 (2) The select committee may disclose publicly such
7 information after the expiration of a five-day period follow-
8 ing the day on which notice of such vote is transmitted to the
9 President, unless, prior to the expiration of such five-day
10 period, the President, personally in writing, notifies the com-
11 mittee that he objects to the disclosure of such information,
12 provides his reasons therefor, and certifies that the threat to
13 the national interest of the United States posed by such
14 disclosure is of such gravity that it outweighs any public
15 interest in the disclosure.
16 (3) If the President, personally in writing, notifies the
17 select committee of his objections to the disclosure of such
18
information as provided in paragraph (2), such committee
may, by majority vote, refer the question of the disclosure of
such information to the Senate for consideration. The coin-
mnittee shall not publicly disclose such information without
leave of the Senate.
(4) Whenever the select coi.lmittee votes to refer the
question of disclosure of any information to the Senate under
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1 day on which the Senate is in session following the day on
2 which the vote occurs, report the matter to the Senate for
3 its consideration.
4 (5) One hour after the Senate convenes on the fourth
5 day on which the Senate is in session following the day on
6 which any such matter is reported to the Senate, or at such
7 earlier time as the majority leader and the minority leader
S of the Senate jointly agree upon in accordance with section
0 133 (f) of the Legislative Reorganization Act of 1946, the
10 Senate shall go into closed session and the matter shall be
11 the pending business. In considering the matter in closed
1.2 session the Senate may-
13 (A) approve the public disclosure of all or any
14 portion of the information in question, in which case the
15 committee shall publicly disclose the information ordered
1G to be disclosed,
17 (B) disapprove the public disclosure of all or any
18 portion of the information in question, in which case the
10 committee shall not publicly disclose the information
20 ordered not to be disclosed, or
21 (C) refer all or any portion of the matter back to
22 the committee, in which case the committee shall make
23 the final determination with respect to the public dis-
24 closure of the information in question.
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1 Upon conclusion of the consideration of such matter in closed
2 session, which may not extend beyond the close of the ninth
3 day on which the Senate is in session following the day on
4 which such matter was reported to the Senate, or the close
5 of the fifth day following the day agreed upon jointly_ by the
6 majority and minority leaders in accordance with section
7 133, (f) of the Legislative, Reorganization Act of, 1946
8 (whichever the case may be), the Senate shall immediately
9 vote on the disposition of such matter in open session, with-
10 out debate, and without divulging the information with re-
11 spcct to which the vote is being taken. The. Senate- shall
12 vote to dispose of such matter by one or more of the means
13 specified in clauses (A), (B) , and (C) of the second
14 sentence of this paragraph. Any vote of the Senate to
15 disclose any information pursuant to this paragraph shall be
16 subject to the right of a Member of the Senate to ,move for
17 reconsideration of the vote within the time.. and pursuant
18 to the ' procedures specified in rule XIII of the Standing
1g Rules of the Senate, and the disclosure of such information
20 shall be made consistent with that right.
21 (c) (I) No information in the possession of the select
22 committee relating to the lawful intelligence activities of
23 any department or agency of the United States which has
24 been classified under 'established ,ecurity procedures and
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1 (b) of this section, has determined should not be disclosed
2 shall be made available to any person by a Member, officer,
3 or employee of the Senate except in a closed session of the
4 Senate or as provided in paragraph (2).
5 (2) The select committee may, under such regulations as
6 the committee shall prescribe to protect the confidentiality of
7 such information, make any information described in para-
8 graph (1) available to any other committee or any other
9 Member of the Senate. Whenever the select 'Committee makes
10 such information available, the committee shall keep a writ-
11 ten record showing, in the case of any particular information,
12 which committee or which Members of the Senate received
13 such information. No Member of the Senate who, and no
14 committee which, receives any information under this sub-
15 section, shall disclose such information except in a -closed
16 session of the Senate.
17 (d) It shall be the duty of the Select Committee on
18 Standards and Conduct to investigate any unauthorized dis-
19 closure of intelligence information by a. Member, officer or
20 employee of the Senate in violation of subsection (c) amid to
21 report to the Senate concerning any allegation which it finds
22 to be substantiated.
23 (e) Upon the request of any person who is subject to.
24 any such investigation, the Select Committee on Standards
25 aY tpproncl t