CONGRESSIONAL OVERSIGHT A JOINT COMMITTEE ON INTELLIGENCE

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CIA-RDP80B01495R000500070009-4
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December 20, 2016
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October 19, 2006
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Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 CONGRESSIONAL OVERSIGHT A JOINT COMMITTEE ON IN`I`F'L~LIGE\TCE A. Objective 1. Reverse trend of proliferation of sensitive operational information. 2. Assure public of effective oversight. 1. Parallel Executive Branch structure 2. Intelligence community via DCI 3. CIA II. Congressional Oversight - DCI/CIA 1. Statutory Basis a. National Security Act of 1947 b. CIA Act of 1949 c. Security for intelligence activities 2. Oversight Responsibilities a. General legislation b. Appropriations c. Economy and efficiency 3. Committees a. Legislative and General Oversight 1. Armed Services 2. Appropriations 3. Historical Note - Government Operations Approved For Release 2006/10/19: CIA-RDP80B01495R00050007000 - 'I1 " Approved For Release 2006/10/19: CIA-RDP80B019 R000500070009-4 b. Others 1. Government Operations Committees, particularly Legislative and National Security Subcommittees. 2. Senate Foreign Relations a. Oversight of all activities abroad via Ambassador /State. b. Covert actions reporting, 3. International Relations Committee, Subcommittee on Oversight. a. Special oversight of intelligence activities relating to foreign policy. b. Covert action reporting. c. Summary. 1. Access to sensitive intelligence information expanded dramatically, 93rd to 94th Congresses, 2. With Select Committees, 1.0 committees are laying claim to oversight of all or part of CIA activities. 3. Members have access to all committee records under House Rule XI Z(e)(2). B. Chronological Developments 1. Benign Period - Early 1950's. 2. Late 1950's. a. Sen. Mansfield's initiative for Joint Committee b. Sputnik Era - interest - Soviet threat 3. Early 1960's. a. Increased substantive intelligence interest. 1. "Missile Gap" 2. Cuban Missile Crisis b. Continued Pressure to Increase Oversight 1. U-2 flight of Gary Powers 2. Bay of Pigs 3. Sen. Russell consolidates CIA Armed Services and Appropriations hearings. Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 4. Late 1960's. a. Joint Committee bill. defeated. b. Funding of National Student Association exposure. c. ABM debate. cl. Bill to circumscribe executive action through. CIA. 5. 1970's. a. Oversight committees fading in strength. - b. House oversight reinvigorated by appointment of Lucien Nedzi as Chairman of Intelligence Subcommittee. c. Oversight committees keeping more detailed records. d. Increased use of substantive intelligence product within Congress. C. Current Congressional Procedures. 1. Operational/Agency Matters. a. Limit to Armed Services and Appropriations subcommittees. b. Covert action (P. L. 93-559) report to foreign relations committees. 2. Substantive Intelligence. a. Any committee within their jurisdiction. b. Sanitize transcripts. 3. Legislation. a. Armed Services for amendments to 1947 and 1949 Acts. b. General Legislation impinging upon DCI/C1A- authorities/responsibilities requires cooperation of other committees. Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved FoLZelease 2006/10/19: CIA-RDP80B014 R000500070009-4 D. Options for Increased Security. (Sine qua non -- protect supporting sources and methods) Committees not maintain records of sensitive information: a. Criticism of committees. b. Help committees distance selves from responsibilities. 2. Change House Rules to Limit Access to Sensitive Operational Information. 3. Continue present course and assume sensitive material will be handled with wisdom and restraint. 4. Joint Committee on Intelligence. a. Rules to deny access to sensitive information beyond committee membership, b. Incorporate into Joint Committee resolution Intelligence Sources and Methods legislation. III. Pros and Cons of a Joint Committee on Intelligence. 1. Reverse trend towards proliferation. 2. Consolidate :into one committee all oversight except for Appropriations a. Improve the exercise of legislative leadership b. Improve credibility of oversight c. Source of credible spokesmen to defend Agency. d. Opportunity for frequent, in depth briefing. e. Elimination of redundant briefing f. Full-time professional staff to assist both committees and intelligence community. 3. Opportunity to limit access to sensitive intelligence information to membership of committee by rule change. 4. Opportunity to enact as part of the resolution more effective deterrents against the disclosure of sensitive intelligence sources and methods information. Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 5. Provide a strong base within Congress to withstand accommodations on sensitive matters 6. Satisfy a number of present critics who believe oversight is ineffectual and silence their criticism at. least on this issue. 7. Those who have been in the forefront of defending the Agency are nearing the end of their service and replacements in the present structure of oversight are unlikely to wield equivalent power. 1. May not necessarily resolve jurisdictional battles, special overview authority. 2. Present committee leadership could react: negatively to the proposal. 3. Improved chances for encroachment upon executive responsibilities, intrusion into policy areas and doctrine of spearation of powers. 4. Create Board of Directors which may curtail executive initiatives and creativeness. 5. Yull-tune professional staff with possible attendant problems of interference with management. 6. Some sentiment within Congress against joint Committees in principle as violating the bicameral legislature under the Constitution. Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 WORKING PAPER ON A JOINT COMMITTEE ON INTELLIGENCE sjyl".a'` Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 C-ONGRESSIONAL OVERSIGHT A JOINT COMMITTEE ON INTELLIGENCE (Premise. The two-fold objective is to end proliferation of sensitive information and to assure the public that oversight is effective. This may be accomplished by vesting oversight exclusively in one committee. ,However, exclusive oversight of an intelligence community composed disparately of all or parts of eight different departments and agencies is not susceptible to efficient and effective accomplishment without a . corresponding reorganization in the . _-ecutive Branch--an unlikely and undesirable development. Therefore, any exclusive legislative charter should be compatible with the existing structure in the Executive Branch and would involve the intelligence community, through the Director of Central Intelligence, and the Central Intelligence Agency. This paper' is grounded on this premise. ) CONGRESSIONAL OVERSIGHT - DCI - CIA A. GENERAL 1. Statutory Basis The Office of the DCI, the CIA and its functions were established in the National Security Act of 1947. Another important aspect of that legislation is the statutory direction to the DCI to protect intelligence sources and methods from unauthorized disclosure. The Central Intelligence Agency Act of 1949 provided for the general administration. of the Agency. The premise of this Act was to provide enabling authority in a secure framework. It permits CIA appropriations to be handled securely and denies foreign access, through public disclosure, to the organization, its functions, and the names of its personnel. Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80B014 R000500070009-4 4W Oft 2. Oversight Responsibilities. (a) General legislative: review and study on a continuing basis, the application, administration, execution and effectiveness of those laws, or parts of laws, the subject matter of which is within the jurisdiction of that committee, including the desirability of enacting new or additional legislation. (b) Appro riations: study and examine the organization and operation of departments or agencies to assist in deterrninati.o'n of other matters within its jurisdiction. (c) Government Operations: study the operations of Government administration at all levels with a view to determining its economy and efficiency. 3. Committees Involved. The Armed Services Committees (on the basis of jurisdiction over the legislation) and the Appropriations Committees (to approve funds) exercise general oversight. (a) Historical Notes - House. (1) The Committee on Expenditures in the Fa,xecutive Departments (now the Committee on Government Operations) considered and reported Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 the National Security Act of 1947 but the 1-louse Armed Services Committee gained permanent jurisdiction with the implementation of the Legislative Reorganization Act of 1946. (2) Senate. The corresponding Committee on Expenditures challenge to the referral of the National Security Act of 1947 to the Armed Services Committee-was defeated when the Senate upheld. the ruling of the President pro teen. (b) Government bperations Committees, particularly on the House side, have from time to time insisted upon a right of congressional oversight of the economy and efficiency with which the Agency conducts its activities. Up to now the issue has not been joined, essentially as a result of voluntary cooperation with various investigations or understandings reached with the oversight committees. However, the establishment in the 94th Congress of a subcommittee on Legislation and National Security, headed by Chairman. Jack Brooks (D. who also is Chairman of the full. committee is believed. to he a. step towards exertion of partial jurisdiction over intelligence activities. Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80B0l R000500070009-4 (c) Senate Foreign Relations Committee, over recent years has pressed to extend its jurisdiction over intelligence activities, 'including through efforts to establish that those entities within their oversight (i. e. , State and ambassadors) have overall authority abroad and thus over CIA, and to include broad limitations on funding of programs principally administered by CIA. (d) House International Relations Committee, as a result of House Rule changes during the 93rd Congress, has established a Subcommittee on Oversight to exercise special oversight of "intelligence activities relating to foreign policy." The legislative history of this special oversight argues against legislative oversight, but one bill has already been. jointly referred to the committee. (e) Covert Action - New Section 662 of the Foreign Assistance Act of 1961, as amended by P. L. 93-5159, Section 32, specifies that the Committee on Foreign Relations and Committee on Foreign Affairs (now International Relations) in addition to other "appropriate committees of the Congress" receive reports on the description and scope of each covert action as a pre- requisite for the expenditure of funds therefor, and such reports have been and will be made. (The -reporting must be preceded by a Presidential determination that the operations are important to national security. ) 4 Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Summary. The changes already effected for the 94th Congress have expanded the actual and theoretical access to sensitive Agency information dramatically. In addition to the above eight committees which have a basis for exercising some oversight, a number of additional committees can enact general legislation which impinges upon the specific statutory authority and responsibility of the Central Intelligence Agency and the Director of Central Intelligence. As contrasted with the 93rd Congress, the 94th Congress has doubled from 2 to 4 the committees with oversight responsibilities and from 12 to 38 the members having access to sehsitive information, not counting the House Select Committee on Intelligence. Finally, in the House, as a result of House Rule XI 2.(e)(2), every member of the House is entitled to access to all committee records. B. CHRONOLOGICAL DEVELOPMENTS 1. 1947 through early 1950's - Oversight was benign. (a) Controlled by strongly entrenched congressional leadership and senior chairmen, (b) Cold war psychology- -rank and file not predisposed to interference. (c) On the appropriation side, the basic concern was--do you have enough money? Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO1 45R000500070009-4 2. Late 1950's (a) Record of infrequent briefings of oversight committees leads to Senator Mansfield's initiative for Joint Committee (defeated in 1956 by vote of 59 to 27, with 12 original sponsors opposing the resolution). (b) Sputnik era triggered wider congressional interest in Agency information on the Soviet threat. Agency initiated. program of debriefing members of Congress who had travelled abroad, inviting them to visit Agency facilities and on occasion field installations. 3. Early 1960's (a) The Agency furnished intelligence briefings to a number of committees including the Joint Committee on Atomic Energy on the Soviet nuclear energy program, and general intelligent: briefings to House Foreign Affairs and the Senate Foreign Relations Committee, Soviet space program briefings to the House Science and Astronautics Committee and Senate Aeronautical and Space Sciences Committee, and Soviet military posture briefings to the full Armed Services Committees and the Defense Subcommittee of House Appropriations. Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO 1495R000500070009-4. (b) Pressure continued to grow for a Joint Intelligence Committee which spurred the CIA Subcommittee of House Armed Services to examine Agency activities more intensively. (c) Chairman Vinson appointed. Representative Paul J. Kilday as Chairman of the CIA Subcommittee of House .Arined Services with the mandate to give CIA. in-ore attention. (d) The "Soviet Missile Gap" argument in the 1960 Presidential election spurred further interest in the Agency's intelligence product. (e) The U-2 flight of Gary Powers over the Soviet: Union and the Bay of Pigs invasion heightened congressional debate and the Cuban missile crisis of 1962 refocused attention on the Agency's capabilities. (f) Reflecting Senator Russell's growing. responsibilities for appropriations matters, sessions of the CIA Subcommittee of Senate Armed Services and Senate Appropriations were held in joint session. Even so by 1965 Agency briefings of these Subcommittees rose to 34 as contrasted with 9 the previous year. 4. Late 1960's (a) In 1966, the Foreign Relations Committee reported a resolution to establish a Joint Committee on Intelligence which was defeated by 61-29 on jurisdictional grounds, with. Senator Russell leading the opposition. 7 Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 (b) In 1967 the Agency undertook a programmed effort to contact and brief all new members of Congress on the Agency. (c) 1967 was also the year of exposure of Agency funding of the National Student Association. (d) In 1969 the Agency's intelligence product came to the front again on the ABM system leading to a closed session of the Senate to discuss the classified aspects of the subject including data provided by the Agency. (e) Increasing nurnbers of legislative initiatives are being proposed in an effort to circumscribe executive action through CIA principally in Southeast Asia. 5. 1970's (a) The congressional structure which shielded the Agency from intrusion or attack by the rank and file membership for a quarter of a century is in a state of flux. The Russells, Hayden --'and the Vinsons and Rivers -a-re gone: - McClellan` is 79, Mahon is 74, and Stennis is 74. Many down the seniority lists have become suspicious or jealous over the secretive manner in which the oversight responsibilities have been exercised and their ranks have been greatly reinforced as a result of newly elected younger members. Many feel Agency information and Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Agency activities should be more broadly accessible to the Legislative Branch. (b) In 1971, as a result of the limitation by the Democratic Caucus on subcommittee chairmanships Representative Lucien N. Nedzi (D. , Mich. ) was appointed Chairman of a rejuvenated Intelligence Subcommittee of House Armed Services Committee. Nedzi has proved to be an invaluable ally in dealing with problems in the I-louse because of his diligence, thoroughness, objectivity, and skepticism: (c) In an analogous reaction to the changed political atmosphere in the Senate, both Chairmen Stennis and McClellan have changed earlier practices. Thus both now regularly fake transcripts. As necessary, senators are being invited to attend and participate in a Subcommittee session. Senator McClellan has offered any senator the specifics of CIA's budget on a classified basis. (d) Many members while sharply critical of foreign. and defense policy appear to have a high regard for the Agency's intelligence product, fearful only that the Agency's capabilities in the covert action field may be misused by an Administration. They are anxious to. have a closer relationship with the Agency and thus more influence on its activities. Others are highly Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved F, anxious to avoid battle on issues such as the Agency's covert action authorities. C. CURRENT CONGRESSIONAL PROCEDURES 1. Operational/Agency Matters - Under existing guidelines so 'far supported by the chairmen of the oversight committees, Agency operational activities are reported. solely to the four oversight committees, (ongoing covert actions pursuant to P. L. 93-559 must also be reported to the foreign relations committees). No matters are held secret from the oversight committees and there is a responsibility to volunteer to them matters of possible interest. Security precautions in formal sessions with these committees include: (a) Only selected staff members of the subcommittee (no personal staff of members) are permitted to attend. (b) Each hearing is preceded by a technical sweep for audio-surveillance devices and technical monitoring is maintained throughout the briefing. (c) When transcripts are taken, only a reporter with Top Secret clearance is used and the Agency maintains control over the shorthand notes. The transcripts are placed under controls agreed to by the Committees and the Agency. (d) Except for the incident involving Mr. Harrington, under House Rule XI, and the revelation on 17 April by a new member of the expanded oversight committee of Mouse Approl riations the membership of the Agency's four oversight committees ha re had. an outstanding record over the past quarter of a century in prc tecting sensitive Agency information. 1.0 Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 2. Substantive Intelligence. (a.) Where appropriate, although infrequently, CIA. appears in open session or releases testimony given in executive session when it is neither classified nor revealing of intelligence sources and methods. (b) Substantive intelligence data and assessments are provided to a variety of committees. The most sensitive sources may be used as the basis for such testimony but neither they nor Agency operations are revealed or discussed. 3. Le islation. If general proposed legislation impinges upon the Agency or the Director of Central Intelligence, views are transmitted to the committee having jurisdiction and from time to time as necessary, the Director or other Agency witness appear in either executive or open session to testify. D. OPTIONS FOR INCREASED SECURITY Clearly the sine _qua non of clandestine activities is to protect the supporting sources and. methods. The spinoff from revelations creates an atmosphere where liaison services and other sources are wary of Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO14 5R000500070009-4 Aft continued cooperation and feeds the appetite of those such as former disaffected employees Agee, if not worse, and Marchetti to tell their tales. (1) In light of the House rules, the most obvious protective device is that Subcommittees not maintain records on sensitive information. The problem with this solution is that there is then no evidence of information provided by the Agency, which makes it possible for the Committees to distance themselves from responsibility in the event serious issues arise in the future about the extent: to which the Agency has conformed to the law and kept the oversight committees informed. (2) The overall arrangement could be made for the Committees to keep no transcripts or records- but CIA to keep them in a segregated collection. As dir. ected by the four Chairmen, they could be made available under escort for examination but not copying. However practical, this might pose political and constitutional problems', (3) The House rules could be changed to limit access to sensitive operational information to.the members of specified subcommittees and perhaps certain other designated Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 members in leadership positions. This would not likely- be accepted by the full House. (4) Committee access to certain operational information having a substantial impact on the deliberations of the House Foreign Affairs Committee and the Senate Foreign Relations Committee is currently being expanded to those Committees, or selected subcommittees thereof. Such information may be handled with wisdom and restraint but the increase in the chances of exposure is also clear. (5) A Joint Committee on Intelligence might be established with members from Appropriations, Armed Services, Foreign Affairs and Government Operations, with a separate staff. The resolution establishing it could clearly state that the committee will have access to all information and provide it with the authority and responsibility to refuse access to information about intelligence sources and methods. Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80B0149 R000500070009-4 AW, E. PROS AND CONS OF A JOINT COMMITTEE ON INTELLIGENCE 1. Pros. (a) Reverse trend towards proliferation of access to sensitive information.. and consolidate into one committee all oversight except for Appropriations. (b) Mechanism for improving the exercise of legislative leadership on oversight and the credibility of that oversight. (c) Credible spokesmen to defend Agency on the basis of a thorough record made before the committee. (d) Opportunity for frequent and regular across- the-board briefings and elimination- of redundant briefings to other committees. (e) Opportunity to establish as part of the resolution rules strictly limiting access to sensitive intelligence information (including overriding of Rule XI of the House). (f) Opportunity to enact as part of the resolution more effective deterrents against the disclosure of sensitive intelligence sources and methods information. (g) Provide a strong, base within Congress to withstand accommodations on sensitive matters not supported by their merits Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 "Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 yr (h) Full-time professional staff to assist both the committee and the intelligence community. (i) Satisfy a number of present critics who believe oversight is ineffectual and silence their criticism at least on this issue. (j) Those who have been in the forefront of defending the Agency are nearing the end of their service and replacements in the present structure of oversight are unlikely to wield equivalent power. 2. Cons. (a) The establishment of a joint committee may not resolve jurisdictional battles as those now exercising jurisdiction may be unwilling to relinquish their claims especially the Armed Services Committees which can argue their special interest in special ,overview of intelligence as it relates to military or defense measures. (b) Enlarges the opportunity for a committee to encroach on executive responsibilities on the basis of comprehensive access to information while -matters are pending. Intrusion into basic policy areas which could eventually, involve the doctrine of the separation of powers and undermine the President's role in the conduct of foreign affairs. Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO149 8000500070009-4 (c) Create a board of directors which under a requirement for full and current information could curtail executive initiatives. (d) Bring into the picture active full-time professional staff with probable attendant problem:; of interference with Agency management, (c) Sentiment against joint committee in the Congress as a weakening of the bicameral legislature established by the Constitution. Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 94th CONGRESS S. 1st Session IN THE SENATE OF THE UNITED STATES Mr. introduced the following bill; which was read twice and referred to the Committee on Rules To establish a Joint Committee on Central Intelligence, to amend the National Security .Act of 1947, and #or_oEher purposes, 1 Be it enacted by the Senate and the Hokuse of Representatives 2 of the United States of America in Congress assembled, that 3 ESTABLISHMENT OF JOINT COMMITTEE ON CENTRAL 4 INTELLIGENCE 5 SEC. 2. (a) There is hereby established a Joint Committee 6 on Central Intelligence (hereinafter referred to as, the 7 "joint committee") which shall be co:ai.posed of twelve members 8 appointed as follows: Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 (1) two members of the Committee on Armed 2 Services of the Senate; (Z) two members of the Committee on Foreign 4 Relations of the Senate; 5 (3) two members of the Committee on Government 6 Operations of the Senate; 7 (4) two members of the Committee on Armed 8 Services of the House of Representatives; 9 (5) two members of the Committee on Foreign 10 Affairs of the House of Representatives; and 11 (6) two members of the Committee on Government 12 Operations of the House of Representatives, 13 (b) The joint committee shall select a chairman and a vice 14 chairman from among its members at the beginning of each Congress, 15 The vice chairman shall act in the place instead of the chairman in the 16 absence of the chairman. The chairmanship shall alternate with each 17 Congress between the Senate and the House of Representatives, and the 18 chairman shall be selected by the joint conunittee members of the house 19 entitled to the chairmanslhLip. The vice chairman shall be chosen from 20 the house other than that of the chairman by members of the joint 2l committee: from that house. 22 (c) Vacancies in the membership of the jcint committee shall Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 1 not effect the power of the remaining members to execute the 2 functions of the joint committee and shall be filled in the same 3 manner as in the case of an original selection. 4 (d) A majority of the members of the joint committee shall. 5 constitute a quorum for the transaction of business, except that 6 the joint committee may fix a lesser number as a quorum for the 7 purpose of taking testimony. 8 DUTIES OF THE JOINT COMMITTEE 9 SEC. 3. (a) The joint committee shall make continuing studies of the activities and operations of the Director of Central Intelligence and 11 the Central Intelligence Agency. The Director of Central Intelligence sha 12 keep the joint committee fully and currently informed with respect to all 16 his activities and those of the Central Intelligence Agency, (b) All hills, resolutions, and other matters in the Senate or House of Representatives relating to the Director of Central Intelligence and the Central. Intelligence Agency or to the foreign intelligence activities of the United States Government shall be referred to the joint cornrni.ttee, and except for the Appropriations Committees, the joint committee shall have,- exclusive jurisdiction and access to information on the o pera ti_ons of the Central. Intelligence Agency, its p ro g;, "trns and Fi=.nci.IUI s. (c) Information obt~l.inc Cl_ Ui .?rLT isF ,'G r) ir~uafit to this section shall be s ubjcect to specific rules and instructions regarding Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 A411k Aft protection and further dissemination as established by the joint committee. These rules and instructions shall take pr.ececlen -over any other rules or instructions of the Senate or the House of 4 Representatives, '.with which they may conflict. 5 (d) The chairman and vice chairman of the joint committee or 6 -their designees shall from time to time report to their respective 7 houses, by bill or otherwise, their recommendations with respect 8 to matters within the jurisdiction of the joint committee, 9 PO.4VF RS OF THE JOINT COMMITTEE 10 SEC. 4. (a) The joint committee, or any subcommittee 13 thereof, is authorized, in its discretion: to make expenditures; to employ personnel; to hold hearings; to sit and act at any time or place; to subpoena witnesses and documents; to take depositions and other testimony; to use, on a reimbursable basis, the facilities and services of personnel of the Central Intelligence Agency, with the prior consent of said Agency; to procure printing and binding; to procure the temporary or intermittent services of individual or organizational consultants; and to provide for the training of its professional staff. (b) Subpoenas may be issued over the signature of the chairrriart Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 -Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 5 w 1 of the joint committee or by any member designated by him or 2 the joint committee, and may be served by such person as may be 3 designated by such chairman or member. The chairman of the 4 joint committee or any member thereof may administer oaths to .5 witnesses. The provisions of sections 102. to 104 of the Revised 6 Statutes (2 U. S. C. 192--194) shall apply in. the case of any failure 7 of any witness to comply with a subpoena to'testify when summoned 8 under authority of this subsection. 9 CLASSIFICATION OF INFORMATION 10 SEC. 5. The joint committee may classify information. 1.1 originating within the committee in accordance with st:andarcls 12 used generally by the executive branch of the Federal Government 13 for classifying defense info rm:nati.on dr other information relating to 14 the-national security of the-United States, including information 15 relating to intelligence sources and methods. 16 RECORDS O=E' THE JOINT COMMITTEE 17 SEC. 6. The joint committee shall keep a complete record 18 of all information it receives pursuant to section 3,. All committee 19 records, data, charts and files shall be the property of the joint 20 committee and shall be kept in the office of the joint: comrnittec, 21 or such other places as the joint committee may direct, Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIAARDP80BO1495R000500070009-4. 1 under such security safeguards as the joint cornrnittee shall 2 determine to he in the interest of national security' but not less than 3 the standards prescribed forthe Executive branch. 4 EXPENSES OF JOINT COMMITTEE 5 SEC. 7. The expenses of the joint committee shall- be paid from the contingent fund, of the Senate from funds appropriated for 7 the joint committee, upon vouchers signed by the chairman of the 8 joint committee or by any member of the joint, committee 9 authorized by the chairman, 10 PROTECTION OF INTELLIGENCE SOURCES AND METHODS 1.1 SEC. 8. Section 102 of the National Security Act of 1947, as amended, (50 U. S. C. A. 403) is further amended by adding the, 13 following new subsection (g): (g) In order further to implement the proviso of section 102(d)(3) of this Act that the Director of Central Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure-- (1) Whoever, being or having been in duly authorized possession or control of information relating to intelligence sources and methods, or whoever, being .or having been an officer or employee of-the United States, or member of the Armed Services Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 of the United States, or a. contractor of the Uni.ted States Government, or an employee of a contractor of the United States Government, and in the course of such relationship becomes possessed of information relating to intelligence sources and methods, knowingly communicates such inzo:tmation to a person not authorized to receive it shall be fined not more than $5, 000 or imprisoned not more than five year,:;, or both; (2) For the purposes of this subsection, the term "information relating to intelligence sources and methods" means information concerning (a) methods of collecting- foreign intelligence; (h) all sources of foreign intelligence, whether human, technical, or other; and. (c) methods and techniques of analysis and evaluation of foreign intelligence and which for reasons of national security, or in the interest of the foreign, relations of the United States, has been specifically designated for limited or restricted dissemination or distribution, pursuant to authority granted by law, Executive order, or Directive of the Nation?zl Security Council, by a department or agency of the United St?i.t:es Government which is expressly authorized by law or by the President co engage in a.ntclli~;enc+. activities for the United States; Approved For Release 2006/10/19: CIA-RDP80BO 1495R000500070009-4- Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 8 (3) A person not authorized to receive information relating to intelligence sources and methods is not subject to prosecution as an 3 accomplice within the meaning of section 2 and 3 of Title 18, United 4 States Code, or to prosecution for conspiracy to commit an offense . 5 under this subsection, unless he became possessed of the information 6 relating to intelligence sources and methods in the course of his relation- 7 ship with the United States Government; 8 (4) No prosecution shall be instituted under this subsection 9 unless, prior to the return. of the indictment or the filing of the 10 information, the Attorney General and the Director of Central Intelligenc? 11 jointly certify to the court that the information was lawfully designated 12 for limited or restricted dissemination or distribution within the meaning 13 or paragraph (2) of this subsection at the time of the offense; 14 (5) It is an. affirmative defense t6 a prosecution under this 15 subsection that the information was communicated only to a regularly 16 constituted subcommittee, comrriittee, or joint committee o if Congress, 17 pursuant to lawful demands; 18 (6) Whenever in the judgment of the Director of Central Intelligence 19 any person has engaged, or is about to engage, in any acts or practices 20 which constitute, or will constitute, a violation of this subsection, or 2l. any rule or reg ulatio;i issued thereunder, the MAtorney- General., on 22 behalf of the United Siates, may make application to the appropriate court 23 for an order enjoining such acts or practices, or for an order enforcing Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 - Approved For Release 2006/1'0/19: CIA-RDP80BOl495R000500070009-4 connplial-ice with the provisions of th:i.s su.bscc(io.n, and upon a showing that such person has engaged, or is about to engage, in any sucli acts 3 or practices, a permanent or temporary :i.r~}liract:i.on, resi:r ~inirrr orde . , 4 or other order :Ln.ay be granted. 5 (7) In any judicial proceeding under this subsect::i.on, the 6 court may review, in camera., information relating to intelligence 7 sources and. methods designated for limited or restricted clisseinir~ai:icizx 8 or distribution for the purpose of determining if such designation was 9 lawful and the court shall not invalidate the designation unless it determines that the designation was arbitrary and capricious. Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 CIA SUBCOMMITTEES SENATE APPROPRIAT TONS INTELLIGENCE OPERATIONS John I_.. McClellan (D., Ark.), Chairman John C. Stennis (D., Miss.) Milton R. Young (R., N. Dak. ) John O. Pastore (D., R. I.) T.oz-nari L. Hrtislca. (R,, Neb, ) SENATE ARMED SERVICES CIA SUBCOMMITTEE Joluz C. Stennis (D., Miss.), Chairman Stuart Symington (D., Mo.) Barry Goldwater. (R., Ariz.) Howard W. Cannon (D., Nev.) Strom Thurmond C.) Thomas McIntyre (D., N. 11.) MOUSE ARMED SERVICES SPECIAL SUBCOMMITTEE ON INTELLIGENCE Lucieri N. Nedzi (D., Mich.), Chairxnarj- Melvin Price (D., Ill.) Bob Wilson (R., Calif.) F. Edward Hebert (D., La.) William L. Dickinson (R. , Alt..) Charles E. Bennett (D., Fla.) Samuel S. Stratton (D., N. Y.) HOUSE APPROPRIATIONS DEFENSE SITECOMMIT'T'i=; I George II. Mahon Robert L. F. Sikes (D9 , Fla.) Daniel J. Flood (D., Pa.) Joseph P. Addabbo (D., N. Y.) John J. McFall (D., Calif.) John J. Flynt (D., Ga. ) Robert N. Giairrzo (D., Conn.) Bill Chappell (D., Fla.) Bill D. Burlison (D., Mo. ) (D., Tex.), Chai.rrmin. Jack Edwards (R., ALL.) J. Kenneth Robinson (U. , Va.. ) Jack F. Kernp (R., N. Y.) Elford Cederberg (R., Mich.) (ex-officio ro.crnber) Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For R&ase 2006/10/19: CIA-R DP80B01495R('00500070009-4 House Porei Affairs Com.mi.ttee Subcommitte>c On Oversi"ht (Covert Action Only) Thomas E. Morgan (D. , Pa. ), Chairman Clement J. Zablocki (D. , Wis.) William S. Broomfield (R. , Mich. ) Wayne L. Hays (D. , Ohio) Edward J. Derwinski. (R., Ill. ) Leo J. Ryan (D. , Calif. ) Helen S. Meyner (D. N.J.) Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 . Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Suhcomrnittee on Le?,i.sLii:ion and Nzttional Security Jack Brooks (D. , Tex. ), Chairman Benjamin S. Rosenthal (D. , N. Y. } Jim Wright (D. , Tex.) Don Fuqua (D. , Fla. ) William S. Moorhead (D. Pa. ) ? John E. Moss (D. , Calif.) James V. Stanton (D., Ohio) Michael. l-IarringLon (D., Mass. ) Frank Morton (R. , N. Y. ) John N. Erlenhorn (R., Joe Wash. ) Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80B01495R00050OQ79 -4n,-z;-I,.. 91 ,1,11 CON (;r1I'k E'SS 1s'r S1?)ssIoN TN '_I'U17 HOUSE OF JU_N] 25,15)75 A]. r. BJ:ooan us,u (for 1litnseif a.ud AIr. llora.~ introduced the :following hill which was referred to th(1 . C~ouuu.ittee on I..ules ;t. To estal)1ish a Joint Committee on Iuut:elligenee Oversi h ~. - e it enacted by the Senate anti IloUse of ReTiresento- 2 lives of the United States of America in Congress assembled, I.ST AUT) IS] I AFI?iA T 4 SECTION 1.. (a) There is estfhlislied a Joint. Ooirniiitfce In telligence o vex si h t to he composed of fourteen ii 6 hers Its follows : c (1) se cil. Mm erg; of the Ilouse of )l.eprer~cttlirector of III(! Defera,e 15 Iniellio'ence Agency, and the Director of the National Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Lion and improvement of agencies and departmen is of the United States wvithin the jurisdiction of t'he joint conrniittee as described in. supsection (a,) . Approved For Release 2006/10/19: CIA-RDP80BO149955R000500070009-4 4w , 4 1 Seelcrityr Agency shall peep the joint coimniftee fully and 2 currently informed wwitli respect to all of the activities of 3 their respective organ nations, and the heads of all other g departments and age>.>_civs of the Federal Government con- 5 ducting intelligence activities or operatiol.s or the surveil- 6 lance of persons shall keep the joint committee fully and 7 currently informed of all intelligence and surveillance activi- 8 ties and operations carried out by thew respective depart- 9 mellts and agencies. The joint commnnittee shall have authority .0 to require from any depa.rtrnent or agencyi of the Federal .1.1. Government periodic; written reports regarding activities and 12 operations within the jurisdicf:ion of the joint comn-littee. 13 POWERS 14 Sno. ~~. (a) The joint committee, or any subcommittee :1.5 thereof, is authorized, ill its discretion (1) to make expendi- 16 tures, (2) to employ personnel, (3) to adopt rules respect- 17 iug its organization and procedures, (4) to 1.lold hearings, 18 (5) to sit: and pact at any time or place, (El) to subpena 19 Witnesses and documents, (7) with file or consent of the agetley (:011ceriied, to use Oil rehnbursal.?Ie basis file Serl'- 21 ices of per, onnel, inforlnafion, and facilities of a1_ly such 23 a(Yencv, ( ) to procure prillliu'). find binding, (~)) to pro- cure the telul>o"aryr services (riot in excess of ogle ye(lr) or 24 i-IfcrMittclll sere ices of inrliVidilal CM lsllItants, or or trliza- 25 lions 1:Ilcrcof and to provide assisfa.nee for the lrairlinir of Approved For Release 200e/16/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 1 ins professional staff, in f.lwc; s'1100 IMluner and nndor the .1111e 2 Conditions as a standing eoi11in1itfee of the Iollse mays pio .~ cure such- services land provide suCll ~lssisiance llil(ler Sllbs('.G 4: lions 0) aid. (j), resI)ectively, of section ` 02 of the Le is- 5 native iteorr;allization A_et of 19-1-6, ztn11 (10) to t,h ico deposi- lions and other testimony, No r111e shall be adopted by the 7 joint coirmiitfee under clause (') f,rovidillo that: a. lindillo-, staleineilt, recoininendilion, or report may be made by other q t.harl a, majority of the members of the j()int Colilrlutlee until 10 holdilif; office. (b) Sub,.lrena.s may be is.,ue{l over the sir nature of the 12 ohil'11.'t7]~iIll Of the Point coniiintl cce or by any 7ne111ber desi -- 13) natod by lnim or the joilif:. cumini?ttee, '-11.1d rnayr he served b.y~. 14 such ;person as may be designated by such chaiirnaii or 15 i"Llembe.r. The ehairritan of the joint commi11ce or any lnem-- 16 her thereof may adnunisfer oaths to witnesses. The provision'; 17 of secf.ioils 102 throug11 104 of the I evised '~`if~atllfes (9 :18 U.S.C. 192-194) shall apply ill 1:he cage of any 1aiflire of 19 any witne ss to Co;irlllly with r1 s1tlI~ena or fto t(~.>tify Nvhci) 20 suillinoned under authority of ;hi; se tion_. 21 (c) 'With the consent of any standing, select, or speeial 22 commillee of the Senate, or House. or ally subeolllmlffee, tbn 2;; joint cornllnittee may Utilize he sertivices of ans staff mem- ber of s1101 dolls(' or Semfle ('u111111iftee Ul' L;llllconnlillteo 16.i . X31(9 2 Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 6 Aft whenever the C11811-111,111 of the joint committee determines that su(hl Services are lle('Cz~Sitl'y aiid aj prt?p{'late. CL.d.SS[P11'ATION OF JNFl)I~Ij.ArI,IO`J 4 Sic. 4. _ u e joint coinnuttee iiniy chiss(y information 5 originating v~itilitt t11e coruui ttee in accord,.tiu?e v~Vith stiiu-l- 6 aids used geuerallyr I)y 111e executive branch of the T'ederat 7 Gover-mcl-t for elitssi;yinn d~efensc infortntttioil or of tes S im-fortnati'on relating; to the national security of the United 9 States, including; information relating to intelligence sources 10 and methods. 7.1 T'ROTEi :I'ION OF INFORMATION 12 SEE. 5. (a) The joint committee shall in.shtute and 13 carry out such rules and procedures as it may deem neces- sary to prevent (1) tle .disclosure, outside the joint commit- V5 tee, of any i-.tfurrm.tiort relating; to the activities, operations, 16 and budgets of the agencies and departmei -s described in -1-7 section 2 (tt) , ol-tained by the joint con-rnittee during the 18 course of its study and investigation, and not otllerwzrise an- 19 thorizeil by the joint comniitt:ee to he disclosed; and (2) 20 idle disclosure, outside the joint committee, of party information 21 protected from. nnanthoil ed disclosure by statute, including 22 but not, limited[ to I:cstricted Data (42 U.S.C. 2162), corn- 23 n.tmlicatloll irtforlnatitfn (18 TT.S.C. 798), and intelligeece 24 Sources and inctl-odti (50 tI.S.C. 40 ) (d) (:;) ~intl ( )) , Or of any iliforlrl;itioll wlliell would othcr~si;;e adversely aflcct Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 I the intelligence ictivitics of the Central Intelligence .Agency 2 in foreign countries or the intelligence activities in foreign 3 countries of ar>_.y other depart-rnent or agency of the United 4 Shales. 5 (b) No employee of the joint 'committee or any person 6 engaged IIry conta'act or? Otherwise to perform services for 7 the .joint committee shall he g-ivon_n access to any elassified. 8 information by the jo.inrl; committee unles:s ssucIr employee or 9 person laas received alt appropriate Secttrity clearar~ce These rule; and instructinns shall take precedence over ;in 1; 1 Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Am *k S ot'lier Pules or an~~tiiiclions of III(,, ate or t1u Rothe of 2 Rcfarc efltati~-es With wlricll tllc"y may (1oilflict. 3 1'-DE )RUS OF JOINT CONI1-11TTEI 4 '. he joint committee shall keep a c1omplete record 5 of all information it receives pursuant to section 2. All joint 6 coil, mittee records, data, charts, and Ides shall be the prop- ? erty of the joint conm-littee sand sh_;Ilt be kept; in the office S of the joint coirrrnif;tee, or such other place or places as the 9 joint committee may direct, under such security safeguards 1p as the joint committee shall deterwine, to be in the interest 7.1 of national security but not less than the standards pre ]2 scribed within the executive branch. 13 EXPENSES OF JOINT COMMITTEE, 111: Sic. 7. The, expenses of .the joint committee shall be 15 it one-half from the contingent fund of the Senate and 1G one-half from the contingent fund of the louse of Repre- 17 senta.tives, upon vouchers signed by the chairma.ai or the vice 18 oha-irnian of the joint committee. 19 AMENDMENT TO If. R ES. 1.38; T1;Ati SFEIt OF DA`_PA 20 Stec. 8. (a) Section 9 of II. 1%es. 138 of the Ninety- 21 fourth Congress is amended to read as follows: 22 9. The -authority granted herein shall expire on 23 Jauluai.y 4, 1976 . . tln hm iied 24 (b) '1.'lre :1ect (oanirai[fee on Intelligence 1.1; cla.ta, 25 arid. (Iircc;terl fo trans1,or to the joint conuniffee all Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 9 inlo~~ nation, tra~iscri~~t5, and other documents in its lrvsses- sioli or un i drn? its control. ]Il FEC:{`IVE DATE 9. This Act and Ow, am endm en trade by it shall take effect on Jaaiuary 3, :1976. Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 i ti a 0 Or Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 94th Congress 1st 5erfjved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 A B 1 L L To establish a Joint Committee on Intelligence Oversight. Be it enacted by the Senate and House of Rep seentati.v-es of the United Sates of America in Congress Assembled, Establishment Section 1. (a) There is established a Joint Committee on Intelligence Oversight to be composed of fourteen members as follows:- (1) seven Members of the House of Representatives appointed by the Speaker of the House of Representatives of which four shall be of the majority party and three shall be of the minority party; and (2) seven Members of the Senate appointed by the President pro tempore of the Senate of which four shall be Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA2RDP80BO1495R000500070009-4 of the majority party and three shall be of the maai.nority party. (b) The joint committee shall select a chairman and a vice chairman from among its member. s at the beginning of each. Congr. ess. The vice chairman shall act in the place and stead of the chairman in the absence of the chairman. The chairmanship and the vice chairmanship shall alternate between the Senate and the House of Representatives with each Congress. The chairman during each even-numbered Congress shall be selected by the Members of the house of Representatives on the joint committee from among their number and the chairman during each odd-- numbered Congress shall be selected by the Members of the Senate on the joint committee from their nummrzber. The vice chairman during each Congress shall be chosen in the same manner from that I-louse of Congress other than the House of Congress of which the chairro-an is a Member. (c) A majority of the member. s of the joint committee shall con- stitute a quorum for the transaction of business, except that the joint committee may fix a lesser number as a quorum for the purpose of taking testimony. Vacancies in the membership of the joint committee shall not affect the power of the remaining members to execute the functions of the joint committee and shall be filled in the same manner as. in the case of the original appointment. Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 .or 3 1?W (d) Service of a Senator as a member or as Chair)-nan of the joint committee shall not be taken into account for the purposes of paragraph 6 of rule XXV of the Standing Rules of the Senate,. Duties of the Joint Committee Sec. Z. (a) It shall be the duty of the joint committee to conduct a continuing study and investigation of the activities and operations, and budgets of (1) the Central Intelligence Agency, (Z) the Federal Bureaul of Investigation, Department of Justice, (3) the United. States Secret Service, (4) the Defense Intelligence Agency, the National Security Agency, and other intelligence components of the Department of Defense, and, (5) the. related intelligence functions of all other departments and agencies of the Federal Government. Except for the Appropriations Committees and the existing legislative oversight committees, the joint corn.m.ii:tee shall have exclusive jurisdiction and access to information on the activities, operations;, and budgets of the aforementioned departments and agencies, (b) The joint committee is authorized to report to the douse of_ Representatives and the Senate by bill or otherwise no later than. June 30, 1977, with respect to the reorganization and improvement of agencies and departments of the United States within the jurisdiction of the joint cornnxxittee as described in subsection (a). (c) The Director of the Central Intelligence Agency, the Director Aroved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CI4-RDP80BO1495R000500070009-4 AM AK of the Federal Bureau of Investigation, the Director of the Secret: Service, the Director of the Defense Intelligence Agency, and the Director of. i:he National Security Agency shall keep the joint committee fully and Currently informed with respect to all of the activities of their respective organiza- tions, and the heads of all other departments and agencies of the Federal. Government conducting intelligence activities or operations or the surveil.-- lance of persons shall keep the joint committee fully and currently inforn?_ed of all intelligence and surveillance activities and operations carried out by their respective departments and agencies. The joint committee shall. have authority to require from any department or agency of the Federal Govern- ment periodic written reports regarding activities and operations within the jurisdiction of the joint committee. Powers Sec. 3. (a) The joint committee, or any subcomr.rAttee thereof, is authorized, in its discretion (1) to make expenditures, (2) to employ personnel, (3) to adopt rules respecting its organization and procedures, (4) to hold hearings, (5) to sit and act at any time or place, (6) to subpena witnesses and documents, (7) with the prior consent of the agency concerned, to use on a reimbursable basis the services of personnel, information, and facilities of any such agency, (8) to procure printing and binding, (9) to procure the temporary services (not in excess of one year) or intermittent services of individual consultants, or organizations thereof, and to Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 provide assistance for the training of its professional staff, in the same manner and under the same conditions as a standing comrniftee of the Senate may procure such services and provide such assistance under subsections (i) and (j), respectively, of section 202. of the Legislative Reorganization Act of 1946, and (10) to take depositions and other test.-- mony. No rule shall be adopted by the joint committee under clause (3) providing that a finding, statement, recommendation, or report may be made by other than a majority of the members of the joint: committee than holding office. (b) Subpenas may be issued over the signature of the chairman of the joint committee or by any member designated by him or the joint: committee, and may be served by such person as may be designated by such chairman or member. The chairman of the joint committee or any member thereof may administer oaths to witnesses. The provisions of sections 102-104 of the Revised Statutes (2 U, S, G. 192-196) shall apply in the case of any failure of any witness to comply with a subpena or 'to testify when summoned under authority of this section. (c) With the consent of any standing, select, .or special committee of the Senate or I-louse., or any subcommittee, the joint committee may utilize the services of any staff member of such House or Senate commit- tee or subcommittee whenever the chairman of the joint comrittee dieter-- mines that such services are necessary and appropriate. Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA6RDP80BO1495R00050007.0009-4 Aft Classification of Information Sec. 4. The joint committee may classify information originating within the committee in accordance with standards used generally by the executive branch of the Federal Government for classifying defense i.nforzna.-- tion or other information relating to the national security of the United. States, including information relating to intelligence sour. ce:s and method s.. Protection of Information Sec. 5. (a) The joint committee shall institute and carry out such rules and procedures as it may deem necessary to prevent (1) the disclosure, outside the joint committee, of any information relating to the activities and operations, and budgets of the agen6ies and departments described in section 2, obtained by the joint committee during the course of its study and investigation, not authorized by the joint committee to be disclosed; and (Z) the disclosure, outside the joint committee, of any information protected from unauthorized disclosure by statute, including but not: limited o Restricted Data (42 U. S. C. 2162), communication information (18 U.S.C. 798), and intelligence sources and methods (50 U.S.C. 4.03(d)(3) and (g)), or of any information which would otherwise adversely affect the intelligence activities of the Central Intelligence Agency in foreign countries or the ntelligence activities in foreign countries of any other department or agency (b) No employee of the joint committee or any person engaged by Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIA7RDP80B01495R000500070009-4 contract or Otherwise to perform services for the joint c:ornmit:tee shall be given access to any classified information by the joint corn.rrn.ittee unless such employ=ye or person has received an appropriate security clearance as determined by the joint committee. The type of security clearance to be required in the case of any such employee or person shall, within the determination of the joint committee, be commensurate with. the sensitivity of the classified information to which such em.playee or person. will be given access by the joint comximittee. (c) As a condition for enzployxnent as described in section 3, each person shall agree not to accept any honorarium, royalty, or other payment for a speaking engagement, magazine article, book, or other endeavor connected With the investigation and study undertaken by this comrrm.ittee. (d) Information obtained or furnished pursuant to section 2 (c) shaI.I_ be subject to specific rules and instructions regarding protection and further dissemination as established by the joint committee in conformance with this section. These rules and instructions shall take precedent over any other rules or instructions of the Senate or the House of Representatives,, with which they may conflict. Records of Joint Committee Sec. 6. The joint committee shall keep a complete record of all information it receives pursuant to section 2. All commnittec. r. ec.ords, Approved For Release 2006/10/19: CIA-RDP80B01495R000500070009-4 Approved For Release 2006/10/19: CIt-RDP80BO1 5R000500070009-4 data, charts and files shall be the property of the joint committee and shall be kept in the office of the joint comrittee, or such other places as the joint committee may direct, under such security safeguards as the joint committee shall determine to be in the interest of national security but not less than the standards prescribed within. the Executive branch. Expenses of Joint Committee Sec. 7. The expenses of the joint committee shall be paid one- half from the contingent fund of the Senate and one-half from the contingent: fund of the House of Representatives, upon vouchers signed by the chair-- man or the vice chairman of the joint committee. Amendment to H. Res. 138; Transfer of Data Sec. 8. (a) Section 9 of 11. Res. 138 of the Ninety-.fourth Congress is amended to read as follows: "Sec. 9. The authority granted herein shall expire on January 4, 1976." (b) The Select Committee on Intelligence is authorized and directed. to transfer to the joint committee all data, information, trans- cripts, and other documents in its possession or under its control. Effective Date Sec. 9. This Act and the amendment made by it shall Lake effect. on January 3, 1976. Approved For Release 2006/10/19: CIA-RDP80BO1495R000500070009-4 UNCLASS'aved Fo eIj06/10/19 "' CIA-RDP8 1 F ~Q t 7L0o ROUTING AND RECORD SHEET SUBJECT: (Optional) FROM: NO. Legislative Counsel ST = DATE 16 October 1975 TO: (Officer designation, room number, and D ATE building) OFFICER'S COMMENTS (Number each comment to show from whom RECEIVED FORWARDED INITIALS to whom. Draw a line across column after each comment.) 1 Mr. Proctor 7E44 It appears the time may have once again. caught up to a paper 2. which was prepared by this office sometime ago on the 3 question of congressional oversight, the need to stop the proliferation of sensitive 4? material within the Congress, ~ - and the possibility that a joint ..? itt ld th comm ee cou serve ese ends. 6. Also attached is a proposed joint committee bill which this office drafted as a service to 7' Ranking Minority member Broomfield of the International. 8. Relations Committee following the submission of the Murphy Commission Report, of which 9. he was a member. Mr. Broomfield introduced a bill 10. embodying the major part of our recommendation but not that part which would have 11. repealed the Foreign Assistance Act requirement of a Presiden- ti l Fi di d i n a ng ,an report ng on 12. co im-i'n'n- S14, 13. G 14 eorge L. Cary Legislative Counsel 15. cc: Members of the DCI ,_ 0900 meeting FORM USE PREVIOUS INTERNAL 3-62 610 EDITIONS U SECRET [:1 CONFIDENTIAL ^ SSSEE opy ^ UNCLASSIFIED Approved For Release 2006/10/191 CIA-RDP80B01495R8) 00070009-4 ^ SECRET