SENATE GOVERNMENT OPERATIONS COMMITTEE PROPOSAL FOR A NEW STANDING SENATE COMMITTEE, THE 'COMMITTEE ON INTELLIGENCE ACTIVITIES'

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78M02660R000300020045-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 16, 2016
• Document Release Date: January 25, 2005
• Sequence Number: 45
• Publication Date: February 24, 1976
• Content Type: MF

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24 February 1976
FROM: Legislative Counsel
SUBJECT: Senate Government Operations Committee Proposal
for a New Standing Senate Committee, the "Committee
on Intelligence Activities"
The Senate Government Operations Committee on 24 February reported,
subject to technical and clarifying amendments by the staff, a resolution establish-
ing a new "Committee on Intelligence Activities. " The resolution will now be
considered by the Rules Committee which is under Senate instruction to report
the resolution by 20 March. Senators at the final mark-up session today
indicated they felt the issue would be considered on the floor shortly after
20 March. The following is a summary of the key provisions of the Committee's
resolution:
(1) Membership - The Committee on Intelligence Activities will
have 11 members with a majority-minority ratio permanently set at
6 members of the majority party and 5 members of the minority party.
Members will be appointed by the caucuses of each party. Members
cannot serve more than six consecutive years on the Committee,
although after a period off the Committee a Senator will not be pre-
cluded from serving on it again. Members of the staff are also subject
to a six-year limitation on service.
(2) Jurisdiction - The Committee's jurisdiction extends to CIA
and the Director of Central Intelligence, DIA, NSA, other intelligence
activities of DOD, plus intelligence activities of the Departments of
State, Justice, and Treasury. In addition, the Committee has jurisdic-
tion of the organization or reorganization of any intelligence function of
the Government.
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(3) Agency reporting to the Committee - The resolution provides
that "it is the sense of the Senate" that all intelligence agencies keep the
Committee fully and currently informed regarding their activities
"including any significant anticipated activities. " This latter phrase
was adopted pursuant to an amendment by Senator Percy which also
dropped the prior reporting requirement on covert action which had
been urged by the Church Committee. The resolution also provides that
it is the sense of the Senate that agencies should furnish to the Committee
any information or document in their possession, custody, or control
or witness in their employ, upon request. The Committee accepted an
amendment by Senator Weicker requiring agencies to report immediately
to the Committee any abuses or violations of an agency's charter which
come to the attention of the agency.
(4) The Committee's authority to disclose - The Committee
rejected the Executive branch position that the President should
make the final determination whether information should be disclosed,
and instead adopted the following procedure for disclosures by the
Committee. If the Committee votes to publicly disclose any information
provided by the Executive branch, they must so notify the President
and cannot release the material for five days. If during the five-day
period the President notifies the Committee that he objects to the dis-
closure, the Committee must again vote on the issue within three days
after receiving the President's message. If the Committee is not per-
suaded by the President and again votes to disclose, such disclosure
can be accomplished immediately unless three or more members of the
Committee request that the issue be referred to the full Senate for
decision. If the Committee votes against disclosure, three members
of the Committee can also bring this decision before the full Senate
for review. Upon such a request, the Senate shall consider the matter
in secret session. The Senate has three options--approve the disclosure,
disapprove the disclosure, or refer the matter back to the Committee
for final determination. An amendment offered by Senator Nunn and
accepted would ensure that the Senate reached a positive determination
on one of these courses of action rather than avoid the issue as was
done with the Senate Select Committee's "assassination report."
(5) Security procedures for staff employees - Each employee
of the Committee must sign a secrecy agreement and receive an appropriate
security clearance as determined by the Committee in consultation with
the DCI.
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(6) Sanctions for unauthorized disclosure - The resolution
bans disclosure of information in the possession of the Committee
relating to the lawful intelligence activities of the Government which
the Committee has determined should not be disclosed. The Select
Committee on Standards and Conduct (Ethics Committee) is instructed
to conduct an investigation of any alleged unauthorized disclosure when
requested to do so by five members of the Committee on Intelligence
Activities or 16 other members of the Senate. The Ethics Committee
shall report its findings to the Senate and where appropriate shall
recommend action such as censure, removal from Committee member-
ship or removal from office or employment. The Committee struggled
with the fact that it was setting a different standard for handling intel-
ligence information acquired by members of the Committee on Intelligence
Activities than intelligence information acquired by other committees.
While it concluded that it did not have jurisdiction to set rules for other
committees, it would urge, through a letter from Chairman Ribicoff to
Senator Cannon, Chairman of the Rules Committee, that the Rules
Committee consider whether the provision adopted in this resolution
might not be expanded to cover the full Senate.
(7) Annual authorization - The Committee, over the protest of
the Agency, provided that no funds could be appropriated for intelligence
activities until they had been authorized by the Committee on Intelligence
Activities. Section 8 of the Central Intelligence Agency Act of 1949
contains continuing authorization authority and as a result Agency funds
have never been the subject of an annual authorization bill.
(8) Liaison - The Committee on Intelligence Activities might
permit a representative of the President to attend a closed meeting
of the Committee.
(9) Committee study - The Committee is instructed to file a
report with the Senate by July 1, 1977, concerning the following matters:
(a) effectiveness and appropriate organization of
the foreign intelligence agencies;
(b) desirability of developing statutory charters for
all intelligence agencies;
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(c) the conduct of covert activities and the
procedures by which Congress is informed on them;
(d) the adequacy of present secrecy laws;
(e) desirability of establishing a joint committee
on intelligence or consolidating in other ways the efforts
of Senate and House oversight committees; and
(f) whether intelligence budgets should be publicly
disclosed.
(10) Transfer of Senate Select Committee materials - The
Committee agreed on language which would give effect to agreements
between the agencies and the Senate Select Committee on the disposition
of materials provided the Select Committee. The resolution further
provides that materials remaining in the possession of the Select
Committee after disposition of those covered by agreements will
become the property of the Committee on Intelligence Activities.
(11) Amendment to Hughes-Ryan Foreign Assistance Act
Reporting Requirement - The Agency sought to have the Committee
report a bill amending Section 662 (the Hughes-Ryan amendment) of
the Foreign Assistance Act of 1961, in addition to reporting its resolution
establishing a new committee. However, the Chairman ruled that such a
proposal was not in order. Senator Percy then announced his intention
to introduce a bill to restrict the reporting requirements of the Foreign
Assistance Act on the Senate side to the Committee on Intelligence
Activities and Committee on Appropriations. Senator Ribicoff said he
would co-sponsor this legislation.
ar
egislative Counsel
ST
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Summary of Key Provisions of Senate Resolution
Establishing the Committee on Intelligence Activities
1. Membership - total 11.
6 of majority party, 5 of minority party
6-year limit on consecutive membership
2. Jurisdiction - CIA, DIA, NSA, other intelligence activities of
DOD, intelligence activities of State, Justice, and Treasury
3. Agency reporting to committee
Agencies should keep committee "fully and currently informed"
of all activities. including "significant anticipated activities. "
Agencies should report abuses to committee immediately upon
discovery and to provide documents, information, or witnesses,
upon request.
4. Committee's authority to disclose
Committee can disclose any information, over objections
of President. Procedures require notification of President
of intent to disclose and waiting period. Three members of
Committee can force referral of the question to the full Senate.
5. Security procedures for staff employees
Secrecy agreements and security clearances
6. Sanctions for unauthorized disclosure
Ban on unauthorized disclosure. Ethics Committee will
investigate unauthorized disclosures if requested by 5
members of Committee or 16 other Senators. Ethics
Committee can recommend censure, loss of committee
membership, or expulsion.
7. Annual authorization
Senate cannot consider appropriation of funds to agencies
unless funds previously authorized by Committee on
Intelligence Activities.
8. Liaison
Committee can permit a representative of the President
to attend closed committee meetings
9. Committee study
Committee directed to report to Senate by July, 1977, on
several key intelligence issues.
10. Transfer of Senate Select Committee documents
Those not covered by agreements with agencies will be
turned over to Committee.
11. Hughes-Ryan
Senator Percy to introduce a bill restricting covert action
reports in the Senate to the new committee plus Appropriations
Committee.
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