JOURNAL OFFICE OF LEGISLATIVE COUNSEL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000300020011-8
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 30
• Document Creation Date: December 15, 2016
• Document Release Date: December 5, 2003
• Sequence Number: 11
• Publication Date: June 28, 1975
• Content Type: NOTES

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OFFICE OF LEGISLATIVE COUNSEL
Saturday - 28 June 1975
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AF Division, called me at
1
.
home to coordinate a cable tol concerning a visit by a congressional.
delegation including Representative Charles C. Diggs, Jr. (D., Mich.).
He was instructing the field to follow the basic guidelines in
and advisin that Diggs was not on any oversight committee. I requested
that add that Diggs was not a standing member of the newly
established Subcommittee on Investigations of the House Committee on
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cc:
O/DDCI
Ex. Sec.
DDI DDA DDS&T
Mr. Warner
Mr. Parmenter
EA/DDO
Compt
Mr. Thuermer
Acting Legislative Counsel
CONFIDENTIAL'
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CRC, 11/17/2003
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JOURNAL
OFFICE OF LEGISLATIVE COUNSEL
Tuesday - 24 June 1975
in the district office of Representative George Miller (D., Calif. ), who
wished to have the address and telephone number of Air America for a
constituent whose husband was killed while serving with A. I gave her
the information she requested and told her that the Air America people
would be happy to help her.
Smeeton, who was in a briefing, two charts showing the intelligence communit
and the Agency structure.
(R. , Ill.) ee es=, a copy of the Agency publication entitled.
"The Soviet Economy: 1974 Results and 1975 Prospects" (A (ER 75.-62)).
Met with Tim Ingram
. Subcomrnitf:ee.
,
on Government Information and Individual Rights, House Government Operations
Committee,staff, and provided him with a copy of the Director's prepared state.
ment before the House Select Committee on Intelligence of 15 June 1975, per
arrangements made b
STATSPEC STATSPEC
John C. Cu ver (D., Iowa), called to ask fo reports from Somalia and
the Soviet Union relating to the establishment of a Soviet naval facility in
Somalia for the period 10-25 June. After checking with I called
him back saying that the reports would be mailed to him directly.
6. Jay Sourwine, Counsel, Senate Judiciary
Subcommittee on Internal Securitylcalled on behalf of James Lr George, a mnemhei
of Senator Bill Brock's (A., Tenn.) staff. . Senator Brock is extremely con-
cerned about the attacks upon CIA and he wants to give a speech on the Senate floor
on the nature and extent of KGB operations in the United States. George is
compiling material for Brock's speech and contacted Sourwine. Sourwine felt that
his material is insufficient and he asked if arrangements could be made for an
Agency officer familiar with KGB operations to talk to George and provide him
information and possibly material that Brock can use in his speech? I told Sourwin
that I would check into this for him. Sourwine asked that we call George directly
(224-1481) as to what can be arranged. STAT
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Pa
ge 2
in-c
~CONFlDENTIAC
7? I ISpoke with Kent Hughes, Congressional
Research service, Library of Congress, and told him in response to his
earlier request, that I would be sending him a paper on statistics relating
to the volume of trade between North Korea and Japan.
8. I I Mike Cavanagh, Staff Assistant,
HQuse Post; i ice an ivi ervice Subcommittee on Postal Facilities,
Mail, and Labor Management, called on behalf of Chairman Charles H.
Wilson (D. , Calif. ), expressing concern that the Director was appearing
on Wednesday, 25 June 1975, before the House Government Operations
Subcommittee on Government Information and Individual Rights, since
his Subcommittee had been negotiating for several weeks for the Director
to testify on the mail survey program and would have wanted that time
for themselves. After explaining the circumstances of Chairwoman
Bella S. Abzug's (D. , N. Y.) request, Cavanagh felt sure that Chairman
Wilson would understand. He asked if either 9 or 10 July would be
acceptable. I said I would check it out and call him back.
V. Tom Smeeton, on. the staff of the
nation , called and asked if our comments
on epresen a ive William. S. roomfield's (R.', Mich.) draft bill to
establish a select committee on intelligence was ready. I later called
him back and said the material had been sent via courier earlier this
morning.
the staff of the--''c. Tn$??.?.={: Yal RPl~tions Committ , made arrangements
for the OCt courier to deliver to Marian Czarnecki, C ief. of Staff on the
Committee, the 11 June 1975 transcript of the Director's testimony before
the Oversight Subcommittee of the House International. Relations Committee.
The courier returned the transcript on this date as well. (Before the
transcript was delivered, Mr. Cary was advised of the request. )
Committee staff, called on the status of the appropriations language that
we had promised him. I told him it was being prepared and he would have
it shortly.
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JouA&y]oveg)fgicRe da 2004ta- d,&r fQR77M00144R000300020011-8
Monday - ?.3 .Tina lQ7c
r-j W. II;"~ -
CO -
%- IL..C.l, L Ounse.t.,
House Arme Services Committee, to tell him that we were in the process
of preparing a paper on the disposition of SAT and asked if he needed
anything further in view of the extensive background previously developed
for them. Slatinshek said it might be helpful but wanted us to check
with Bill Hogan, of the Committee staff.
f, called and said the material
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rt
with a provision e e uher help
pertaining to reports to committees on covert actions
which I provided him.
we sent hire. on
the Joint Committee proposal was excellent but he ne d d f
Everett Bierman, Tntarnai-; n-,1
Sam St n Vdll U.L J. -presentative
ei
g ? , e and said Mr. Steiger wanted to know the
number of times Mr. Colby had appeared on the Hill. He said Mr. Steiger
was going to go to Chairman Jack Brooks, I-louse Government Operations
Committee to try to cancel the hearing before the Subcommittee on Government
Information and Individual Rights, that if Mr. Colby had not agreed to the
hearings, the Chairman was prepared to serve him a subpoena, and that
a Republican Conference was scheduled for Wednesday at 0930.
I later called Sullivan back and told him the Director had appeared
before different committees 37 times this year which represents 411/0 of
the time Congress has been in session.
15. I I Marshall Goldberg, Counsel, Subcommittee
on Constitu zona Rig ts, Senate Judiciary Committee, called to determine
if the information we had sent to Justice and U. S. Attorney Silbert contained
interior shots of Dr. Fielding' s office taken by Howard Hunt. He said
Silbert denies ever seeing interior shots. I told Goldberg I would check
and be back in touch.
M. Called Cliff Hackett, ?, Gp International
and arranged for the Direrta- 4- 1, ief an
informal group of members on the
said he had secured room H 128 in the Capitol from 3:45 p. m. to 5:00 p. m.
on Wednesday, 25 June. I told Hackett that staff members should not be
present under existing ground rules and he reluctantly agreed to back
off -- +T-, ; o - ..,
14.
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JOURNAL
OFFICE OF LEGISLATIVE COUNSEL
Sunday - 22 June 1975
25X1 25X1 alled Bud McFarlane, NSC staff,
and told him we had been requested by the l ernatio
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Committee to brief a group of Congressmen on the
McFarlane said he would check with Genera cowcroft
and later called back and said Scowcroft thought this would be a good
idea.
2. I Called Tim Ingram and James
Kronfeld, Src ee on overnment Information and Individual
Rights, House Government Operations Committee staff, to go over
some of the material they had requested in connection with the
Director's appearance before that Subcommittee on Wednesday.
cc:
O/DDCI
Ex. Sec.
DDI DDA DDS&T
Mr. Warner
Mr. Parmenter
EA/DDO
Comptroller
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Acting' i Legislative Counsel
i~Vt I L)E TI .w
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FIDEtI t t I1 L
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ADDENDUM TO JOURNAL
OFFICE OF LEGISLATIVE COUNSEL
riday - 20 June 1975
1. I I Called John Hotis, Legislative
Liaison, 1131, on their position on providing members of the Senate
Select Committee with FBI files or information on the members. The
Attorney General wants to make materials available to the fullest
extent possible and the Bureau is segregating the material under
FOIA standards. They hope to have the material segregated and reach
a general decision the middle of next week..
2.1 I Cliff Hackett, House Intexnational
Relations , called on behalf of Representative Lee
Hamilton (D., In to request a briefing of a group of Congressmen
on the Hackett said Representatives Hamilton,
John Brademas (D. , Ind.), Dante Fasdell (D., Fla.), Benjamin Rosenthal.
(D., N.Y.), Paul SaIbanes,(D. , Md.) and Charles lVhalei (R., Ohio) had been
briefed at the White House yesterday. I told Hackett I would check and be
back in touch.
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for our people to check on the applicability of certain criminal statutes
to the unauthorized' disclosure of Agency information and I told him to
check with the Internal Security Division of Justice.
I mentioned to Slatinshek the call from Cliff Hackett, House
nternational Relatians Committee staff, for a briefing on th
and Slatinshek saw no problems, as an exce
congressional guidelines.
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4. I I In the absence of Tim Ingram,
Subcommittee on overnment Information and Individual Rights, House
Government Operations Committee staff, spoke to Jim Kronfeld and
told him the Defense Appropriations Subcommittee briefing had been
cancelled and that we could appear before their Subcommittee on
Wednesday. I told Kronfeld that I thought we had better come to some
terms before Wednesday on an agreed position on the Privacy Act
CO 5 L NTIAL
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Journal - Office of Legislative Counsel
Friday 20 June 1975
Page 2
6.1 Representatives Leo Ryan (D., Calif.)
and Helen Meyner (D., N. J.) visited the Agency for a breakfast meeting
with the Director. Messrs. Duckett, DDS&T, Proctor, DDI, Blee,
ADDO, 0, OCI, and Cary were also present. The conversation
covered a variety of topics with most of the questions being asked by
Mr. Ryan who is most concerned with the conduct of covert activities
as reported under his amendment of 1974 to the Foreign Assistance Act
and Agency involvement in domestic activities. Both Representatives
expressed a desire to have frequent contact with the Agency (not
necessarily requiring the Director's presence) in the future. We agreed
to such sessions and contacts will be made with them through OLC.
7.I (Delivered for Ed Braswell and Clark
McFadden, ena a rme ervices Committee; Guy McConnell, Senate
Committee on Appropriations; and Frank Slatinshek, House Armed Services
Committee, copies of a letter from the Director to the Comptroller. General
regarding the history of GAO audits of CIA, and two memoranda on the
charges by Sam Adams in the May 1975 issue of Harper's magazine. Also
delivered the letter to the Comptroller General to Ralph Preston, House
Committee on Appropriations.
8. Delivered to the office of Senator Jacob
K. Javits ~1~rv . 1 rvz YY L w Wheeler biographic information on four
Soviet personalities whom the Senator expects to meet.
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9?I I Together with discussed with.
Ev Bierman, Minority Consultant,
the proposed bill by Representative William S. Broomfield (R. Mich.. )
to establish a joint committee on intelligence. He asked that the suggestions
made be submitted in a short paper and sent to him Monday.
10. Jim Kronfeld, ' Staff Counsel, House
Government Operations Subcommittee on Government Information and
Individual Rights, called asking if the Director's letter to Chairwoman
Bella S. Abzug (D. , N.Y. ) concerning the Subcommittee's request for his
appearance had been sent, I told him it would be delivered this afternoon.
11.1 IDick Leonard, Administrative Assistant
to Representative Ken Hechler (D. , W. Va. ), called and asked certain
questions concerning the Agency's handling of requests under the Freedom
of Information Act. I explained our procedures and gave him the address
of the Agency's Freedom of Information Coordinator,
CONHHDENS T li'`.!.
CONFt DENTI L
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Section 1 (Membership)
Members should be drawn from the committees of the House
and Senate which now have oversight responsibilities in matters of
intelligence rather than appointed from the general membership by
the Speaker and the President of the Senate.
Members should be drawn from Armed Services, Judiciary
and Government Operations Committees of both houses and Senate
Foreign Relations and House International Affairs Committees. The
ranking majority and minority members of each Committee would be
designated by each committee to serve on the Joint Committee.
Section 2 (Duties)
A Joint Committee should have all oversight responsibilities
except for appropriations. Anything less does not remove the burden
of having to respond to other committees. In effect, it worsens the
situation since it creates yet another oversight committee to deal with.
Duty (6) is not clear. What does "surveillance of persons" mean?
Many agencies have their own security investigation capability. The
Joint Committee should only concern itself with the intelligence
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community agencies. Duty (6) should read: "(6) all other departments
and agencies, or components thereof, of the intelligence community
as designated by the Director of Central Intelligence.
Section 2(c) should be revised to conform to the changes
suggested above.
Section 4 should add clear requirements within the executive for the
storage and control of classified information. Add the following to
this section:
The Joint Committee shall store, protect and disseminate
classified information in accordance with procedures established in
consultation with the Director of Central Intelligence.
Section 7 is now totally unclear by the current situation in the House.
Section 8 is a lift from the Atomic Energy Act and is based on the
espionage statutes. It does not meet the requirements for the protection
of intelligence sources and methods since these elements seldom exist.
The proposal for protecting intelligence sources and methods should be
substituted.
2
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 `~.94th Congress
1st Session
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Mr. Broomfield
A B I L L
To establish a Joint Committee on Intelligence Oversight.
Be it enacted by the Senate and House of Representatives
of the United States 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 Hasse of Representatives
appointed by the Speaker of the House. of Representa
tives 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 of the majority party and three shall
be of the minority party.
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(b) The joint committee shall select a chairman and a
number and the chairman 'during-each odd-numbered Congress
Representatives on the joint committee from among their
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
vice chairman from among its members at the beginning of
each Congress. 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
shall be selected by the Members of the Senate on the Joint
committee from their number. The vice chairman during each
Congress shall be chosen in the same manner from that House
of Congress other than the House of Congress of which the
chairman is a Member.
(c) A majority of the members of the joint committee
shall constitute 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
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.
the membership- of-thejointcommittee shall not affect the
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(d) Service of a Senator as a member or as chairman
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. 2. (a) It shall be the duty of the joint committee
to conduct a continuing stu9y,,,~aV investigation of the
activities and operations/of (1) the Central Intelligence
Agency, (2) the Federal Bureau of Investigation, Department
of Justice, (3) the United States Secret Service, (4) the
Defense Intelligence Agency, Department of Defense, (5)
the National Security Agency, and, (6) all other depart-
ments and agencies of the Federal Government insofar as
the activities and operations of such other departments and
agencies pertain to intelligence gathering or surveillance
of persons.
(b) The joint committee is authorized to report to the
House of Representatives and the Senate by bill or otherwise
no later than June 30, 1977, with respect to the reorganiza-
tion and improvement of agencies and departments of the
United States within the jurisdiction of the Joint committee
. as described in subsection (a).
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(c) The Director of the Central Intelligence Agency,
the Director of the Federal Bureau of Investigation, the
Director of the Secret Service, the Director of the Defense
Intelligence Agency, and the Director of the National
Security Agency shall keep the joint committee fully and
currently informed with respect to all of the activities
of their respective organizations, and the heads of all
other departments and agencies of the Federal Government
conducting intelligence activities or operations or
surveillance of persons shall keep the joint committee,
fully and currently informed 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 Government periodic written reports regarding
activities and operations within the jurisdiction of the
joint committee.
Powers
Sec. 3. (a)"The joint committee, or any subcommittee
thereof, is authorized, in its discretion (1) to make
expenditures, (2) to employ personnel, (3) to adopt rules
respecting its organization and procedures,. (r+) to hold
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hearings, (5) to sit and act at any time or place, (6) t
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 provide assistance for the
training of its professional staff, in the same manner and
under the same conditions as a standing committee 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 1916, and (10) to
take depositions and other testimony. No rule shall be
adopted by the joint committee under clause (3) providing
that a finding, statement, recommendation, or report may
be made byother than a majority of the members of the joint
committee then holding office.
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(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.C. 192-194) shall ap-
ply 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 House, or any subcommittee, the
joint committee may utilize the services of any staff member
of such House or Senate committee or subcommittee whenever
the chairman of the joint committee determines that such ser-
vices are necessary and appropriate.
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 for classifying restricted
data or defense information.
Records of Joint Committee
Sec. 5. The joint committee shall keep a complete record
of all joint committee actions, including a record of the votes
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on-any question on which a record vote is demanded. All
records, data, charts, and files of the joint committee
shall be the property of the joint committee and shall be
kept in the office of the joint committee or such other
places as the joint committee may direct.
Expenses of Joint Committee
Sec. 6. 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 Representat.ivesf
upon vouchers signed by the chairman or the vicechairman of
the joint committee.
Amendment to H. Res. 138; Transfer of Data
Sec. 7. (a) Section 9 of H. 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, in--
formation, transcripts, and other documents in its possession
or under its control.
Communication of Classified Information
Sec. 8. Whoever, lawfully or unlawfully, having possession
of, or control over, any classified information--
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(1) communicates, transmits, or discloses the same
to any individual or person, or attempts or conspires
to do any of the foregoing, with intent to injure the
United States or with intent to secure an advantage to
any foreign nation, upon conviction thereof, shall be
punished by imprisonment for life, or by imprisonment
for any term of years or a fine of not more than $20,000
or both; or
(2) communicates, transmits, or discloses the same
to any individual or person, or attempts or conspires
to do any of the foregoing, with reason to believe such
data will be utilized to injure the United States or to
secure an advantage to any foreign nation, shall, upon
conviction, be punished.by a fine of not more than $10,000
or imprisonment for not more than ten years, or both.
Effective-Date
Sec. 9. This Act and the amendment made by it shall take
effect on January 3, 1976.
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CONGRESSIONAL OVERSIGHT
A JOINT COMMITTEE ON INTELLIGENCE
A. Objective
1. Reverse trend of proliferation of sensitive
operational information.
2. Assure public of effective oversight.
B. Jurisdictional Form
1. Parallel Executive Branch structure
2. Intelligence community via DCI
3. CIA
II.
Congressional Oversight - DCI/CIA.
A. General
1.
Statutory Basis
a.
b.
c.
National Security Act of 1947
CIA Act of 1949
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
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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, 10 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 2((-,,)(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.
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4.
Late 1960's.
5.
a.
b,
c.
d.
1970's.
Joint Committee bill defeated.
Funding of National Student Association
exposure.
ABM debate.
Bill to circumscribe executive action through
CIA.
a.
Oversight committees fading in strength.
b.
House oversight reinvigorated by appointment
c.
of Lucien Nedzi as Chairman of Intelligence
Subcommittee.
Oversight committees keeping more detailed
d.
records.
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/CIA
authorities /responsibilities requires
cooperation of other committees.
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D. Options for Increased Security.
(Sine qua non - protect supporting sources and methods)
Committees not maintain records of sensitive
information:
a. Criticism, of comm.ittee.s.
b. Help committees distance selves
from responsibilities.
2. Change I-louse 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.
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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. Full-time 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.
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 91Ith Congress
lst Session
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Mr. Broomfield
A B I L L
To establish a Joint Committee on Intelligence Oversight.
Be it enacted by the Senate and House of Representatives
of the United States 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 Hcse of Representatives
appointed by the Speaker of the House of Representa-
tives 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 of the majority party and three shall
be of the minority party.
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(b) The joint committee shall select a chairman and a
vice chairman from among its members at the beginning of
each Congress. 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 number. The vice chairman during each
Congress shall be chosen in the same manner from that House
of Congress other than the House of Congress of which the
chairman is a Member.
(c) A majority of the members of the joint committee
shall constitute 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.
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(d) Service of a Senator as a member or as chairman
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. 2. (a) It shall be the duty of the joint committee
to conduct a continuing u a investigation of the
activities and operations, of 1) the Central Intelligence
Agency, (2) the Federal Bureau of Investigation, Department
of Justices_ (3) the United States Secret Service, (4) the
Defense Intelligence Agency, Department of Defense, (5)
the National Security Agency, and, (6) all other depart-
ments and agencies of the Federal Government insofar as
the activities and operations of such other departments and
agencies pertain to intelligence gathering or surveillance
of persons.
(b) The joint committee is authorized to report to the
House of Representatives and the Senate by bill or otherwise
no- later than June 30, 1977, with respect to the reorganiza-
tion and improvement of-agencies and departments of the
United States within the jurisdiction of the joint committee
as described in subsection (a).
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(c) The Director of the Central Intelligence Agency,
the Director of the Federal Bureau of Investigation, the
Director of the Secret Service, the Director of the Defense
Intelligence Agency, and the Director of the National
Security Agency shall keep the Joint committee fully and
currently informed with respect to all of the activities
of their respective organizations, and the heads of all
other departments and agencies of the Federal Government
conducting intelligence activities or operations or the
surveillance of persons shall keep the joint committee
fully and currently informed 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 Government periodic written reports regarding
activities and operations within the jurisdiction of the
joint. committee.
Powers
Sec. 3. (a)'The Joint committee, or any subcommittee
thereof, is authorized, in its discretion (1) to make
expenditures, (2) to employ personnel, (3) to adopt rules
respecting its organization and procedures, (? }) to hold.
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-5-
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 provide assistance for the
training of its professional staff, in the same manner and
under the same conditions as a standing committee of the
Senate may procure such servicep 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 testimonya 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 then holding, office.
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(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.C. 192-194) shall ap-
ply in the case of any failure of any witness to comply with
a subpena or to testify when summoned .order authority of this
section.
(c) With the consent of any standing, select, or special
committee of the Senate or House, or any subcommittee, the
joint committee may utilize the services of any staff member
of such House or Senate committee or subcommittee whenever
the chairman of the joint committee determines that such ser-
vices are necessary and appropriate.
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 for.classifying restricted
data or defense information.
Records of Joint Committee
Sec. 5. The joint committee shall keep a complete record
of all joint committee actions, inc"Luding a record of the votes
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on any question on which a record vote is demanded. All
records, data, charts, and files of the joint committee
shall be the property of the joint committee and shall be
kept in the office of the joint committee or such other
places as the joint committee may direct.
Expenses of Joint Committee
Sec. 6. 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 chairman or. the vice chairman of
the joint committee.
Amendment to H. Res. 138; Transfer of Data
Sec. 7. (a) Section 9 of H. 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, in-
formation, transcripts, and other documents in its possession
or under its control.
Communication of Classified Information
Sec. 8. Whoever, lawfully or unlawfully, having possession
of, or control over, any classified information
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(1) communicates, transmits, or discloses the same
to any individual or person, or attempts or conspires
to do any of the foregoing, with intent to injure the
United States or with intent to secure an advantage to
any foreign nation, upon conviction thereof, shall be
punished by imprisonment for life, or by imprisonment
for any term of years or a fine of not more than $20,000
or both; or
(2) communicates, transmits, or discloses the same
to any individual or person, or attempts or conspires
to do any of the foregoing, with reason to believe such
data will be utilized to injure the United States or to
secure an advantage to any foreign nation, shall, upon
conviction, be punished by a fine of not more than $10,000
or imprisonment for not more-than, ten years, or both.
Effective Date
Sec. 9. This Act and the amendment made by it. shall take
effect on January 3, 1976.
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