LETTER TO HONORABLE JOHN C. STENNIS, CHAIRMAN FROM JAMES R. SCHLESINGER

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CIA-RDP80B01495R000500020018-9
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May 2, 1973
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Approved For Release 2006/11/06: CIA-RDP80B01495R000500020018-9 DRAFT:LLM/2 May 73 Honorable John C. Stennis, Chairman Committee on Armed Services United States Senate Washington, D. C. 20510 Dear Mr. Chairman: This is in response to your request of April 16, 1973, for;-our recommendations'.on S. 1547, a bill "To establish a Joint Committee on National Security. " S. 1547 establishes a Joint Committee on National Security comprised of 25 members to study: (a) whether foreign, domestic and military policies of the United States are being appropriately integrated; (b) the recommen- dations and activities of the National Security Council; and (c) Government classification and declassification practices and to recommend new procedures for the classification and declassification of material. While this Agency is not specifically mentioned in S. 1547, the activities of the National Security Council are within the purview of the bill and include the direction of this Agency. Moreover, in the introductory statement on the bill, it was pointed out that a continuing review of the operations of the Central Intelligence Agency would be one of the functions of the Joint Committee on National Security (119 Cong. Rec. , daily ed. 11 April 1973, 7082). Approved For Release 2006/11/06: CIA-RDP80B01495R000500020018-9 Approved For Release 2006/111,06: CIA-RDP80B01495R000500020018-9 -OW A review of the operations of this Agency by the Joint Committee would appear to overlap the oversight now being performed by several committees in both Houses, including your Committee's Subcommittee on Central Intelligence. We have every reason to believe that the Congress, in effecting any such change in oversight, would be conscious of the need to protect intelligence sources and methods from unauthorized disclosure. Since S. 1547 deals principally with the activities of the National Security Council, which is chaired by the President and whose statutory membership includes the Secretaries of State and Defense, vs?d defer to the views of the National Security Council for any further comments. The Office of Management and Budget advises that there is no 01- objection to the submission of this.rep rt from the standpoint of the Administration's programs. Sincerely, James R. Schlesinger Director Approved For Release 2006/11/06: CIA-RDP80B01495R000500020018-9 S 7082 (Mr. Ciluxcii) prohibiting the reengage- ment of U.S. forces in land, sea or air combat anywhere "in or over or from off the shores" of the entire Indochina area. Mr. President, we no longer can permit the President's warmaking powers to go unchecked and unchallenged. The legal legerdemain that the administration of- fers is an open challenge to the Congress to assert our constitutional responsibility. Accordingly, Mr. President, I send the bill to the desk for appropriate reference, and ask unanimous consent that the text of the bill be printed in the RECORD at this point. There being no objection, the bill was ordered to be printed in the RECORD, as follows: S. 1544 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to avoid further involvement of the United States in armed hostilities in Cambodia, no funds heretofor or hereafter appropriated may be expended to finance the involvement of any member of the armed forces of the United States in armed hostilities in or over Cambodia unless such expenditure has been specifically authorized by legislation enacted after the date of enactment of this Act. By Mr. TOWER: S. 1545. A bill to amend title 37, United States Code, so as to extend From 1 to 3 years the period that a member of the uniformed services has following retire- ment to select his home for purposes of travel and transportation allowances under such title, and for other purposes. Referred to the Committee on Armed Services. Mr. TOWER. Mr. President, in the last Congress, I introduced a measure to cor- rect what I felt to be an unfortunate problem colmected with the armed serv- ices. That bill, S. 1321, very simply would have extended the time a member of the uniformed services has following his re- tirement to select his home for purposes of travel and transportation allowances. As you know, a serviceman is currently allowed 1 year after the date of his re- tirement in which to select his permanent home site for purposes of PCS travel and transportation allowances. But this un- necessarily short time places a burden on those parents with children in high school. Many times the child must forgo graduation from the school in which he has spent his secondary years so that the final move may be made, as is the serv- iceman's right at Government expense. There are, of course, other exceptional instances which prevent full utilization of this privilege, for example a serious illness which precludes movement of the patient. No matter what the reason, however, the 1-year limit is an arbitrarily short one. Extension of the limit to 3-years will solve most problems that could occur and yet will not create additional costs to the Government. I ask my colleagues to join me in effecting rapid consideration and passage of this legislation, which I intro- duce today. By Mr. HUMPHREY: S. 1 A bill to establish a Joint CM ii a on National Security. Re- Approved For Release 2006/11/06: CIA-RDP80B01495R000500020018-9 CONGRESSIONAL RECORD - SENATE April 11, 1973 ferred to the Committee on Armed position of its membership. It would have Services, representation from those individual and JOINT COMMITTEE ON NATIONAL SECURITY committee jurisdictions that have pri- Mr. HUMPHREY. Mr. President, I am introducing a bill today which would es- tablish a permanent Joint Congressional Committee on National Security. I believe this committee will enable Congress to address itself in a more com- prehensive way than ever before to a thorough and ongoing analysis and eval- uation of our national security policies and goals. If the 93d Congress has one important objective, it should be redressing the im- balance between the executive and leg- islative branches relating to both do- mestic and foreign policy. I propose that the committee have these main functions: First, to study and make recommenda- lons-on_ all issues concerning national security. This wor d include review of the ris eslUeeht's report on the state of the world, the defense budget and foreign as- sistance programs as they relate to na- tional security goals, and U.S. disarma- ment policies as a part of our deense considerations. Second, to study and make recom- mendations on Government practices of classification and declassification of documents. Third, to conduct a continuing review of the operations-of the Ce ralIntelli- gence Agency, the Departments of Defense and State,.aril other agencies intimately involved with our foreign policy. For too many years, the Congress has had inadequate information on matters concerning national security. We in the Congress have had to accept partial in- formation, often in limited context, and as a result have been unable to weigh the total picture. The consequence of this situation has been a continuing dimunition in the for- eign policy role of the Congress. It is often difficult for Congress to obtain adequate disclosure of Govern- ment documents. On several important occasions heads of the Defense and State Departments and members of the Na- tional Security Council, have claimed executive privilege and have refused to answer congressional inquiries on mat- ters concerning our national security. While the President and key Govern- ment officials meet occasionally with the leaders of the Senate and the House of Representatives on an informal basis, there is no forum for a regular and frank exchange between the Congress and the executive branches on the vital issues affecting our national security. I am par- ticularly sensitive to this missing link, having had the special experience of serving as a U.S. Senator for 17 years and as Vice President for 4 years. The Joint Committee on National Se- curity would provide that link. It would function in the national se- curity field in a manner comparable to the Joint Economic Committee, which conducts a systematic review and anal- ysis of the President's annual economic report. Its unique feature would be the com- mary responsibility in military, foreign relations, and congressional leadership. It would include the President pro tempore of the Senate; the Speaker of the House; the majority and minority leaders of both Houses, and the chair- men and ranking minority members of the Committees on Appropriations, For- eign Relations, and Armed Services, and the Joint-Committee on Atomic Energy-. --It would not usurp the legislative or investigative functions of any present committees, but supplement and coordi- nate their efforts in a more comprehen- sive framework. - -1 want to emphasize this last point. The proposed Joint Committee on Na- tional Security is not being created as a competing force with the Armed Services Committee or the Foreign Relations Committee of which I am proud to once again be a member. It will be a way to coordinate the information which the Congress so desperately needs to carry out its oversight responsibilities of the executive branch in the field of national security. Nor is it designed to usurp the Presi- dent's historic role as Commander in Chief, or to put the Congress in an ad- versary relationship with the executive branch. It is, rather, a new body, to be com- posed of members of both parties and both Houses of Congress, that will make possible closer consultation and coopera- tion between the President and the Con- gress. In recent years, we have seen a gradual isolation and insulation of power within the executive branch. The Constitution, I suggest, intended something quite dif- ferent when it called for a separation of powers. We have not had the mechanism in our national security apparatus for ade- quate consultation between the two branches in the formulation of national security policy. As one observer of the foreign policy process observed: National security Is too important to be left to the national security apparatus. I concur with this view. The President and his national security advisers have a duty and constitutional obligation to re- linquish some part of the initiative which they now command in the conduct of American foreign policy. There are reasons for the concentra- tion of power which has developed with- in the executive branch which are quite understandable considering our experi- ence in World War II and afterward. But, times change, and so must our institu- tions and responses. In an article in Foreign Affairs, July 1959, I expressed my concern over this development. I noted that the Congress "with its power of the purse, and through the right to investigate, to criticize, and to advocate-does exert a significant in- fluence on the quality and direction of U.S. foreign policy." I found that the Congress must have its own vehicle for educating itself and Approved For Release 2006/11/06: CIA-RDP80B01495R000500020018-9 Approved For Release 2006/11/06: CIA-RDP80B01495R000500020018-9 April 11, 1973 CONGRESSIONAL RECORD - SENATE S 7083 expressing ideas on this question and the more general issue of national secu- rity. I wrote: Such independent expertise is absolutely necessary if the house and Senate are to fulfill their Constitutional responsibility of. surveillance and initiative. Without com- petent independent sources of fact and wis- dom they cannot make discriminating judg- ments between alternative programs and proposals. I, therefore, suggested: The Congress prompt the executive to put its house in order by itself creating a Joint Committee on National Strategy, to include the chairmen and ranking minority mem- bers of the major committees of the House and the Senate. Such a coinitteem's purpose would be to look at our total national strategy- military, political, economic and ideo- logical. This committee would not usurp the functions of any of the present com- mittees, but supplement them by en- dowing their work with a ' larger frame of reference. As I said in 1959: The Chairmen of the Committees rep-. resented would come away from the meeting of the new Joint Committee with a greater appreciation, for instance, of the relation- ship between fiscal policy and national pro- ductivity and how both factors relate to our defense posture and our negotiating position. Responsible statesmanship consists precisely In the capacity to see complex relationships in a perspective as broad as the national purpose itself. Mr. President, I made that proposal in 1959. Had it been adopted, perhaps the history of the past 12 years might have been different. I cannot help but believe that if we had shared more fully in mo- mentous decisions, like those in Viet- nam, we would be less divided as a nation by the bitterness and hatreds that con- front us today. But I submit, Mr. President, that now is not the time for regrets. It is a time for careful and responsible decision; it is a time to adapt our institutions to change; above all, it is a time to act. It is not enough for the Congress to insist upon its prerogatives if it is not prepared to cope with its responsibilities, The executive branch, recognizing the deep interrelationships between issues of foreign affairs, military policy, and some crucial domestic issues prepared itself to fulfill its responsibilities to the Con- stitution by forming a National Security Council. It is fitting, therefore, that the Con- gress adopt a similar, parallel and coun- terpart mechanism: a Joint Congres- sional Committee on National Security, which could draw on the experience and expertise of legislative leaders in vari- ous national security areas. Our existing congressional committees lack coordination. The joint committee would not, under my proposal, usurp any of the functions of these committees of the two Houses, but would address itself to the broad-gaged issues that overlap their jurisdictions and thereby assist the congressional and executive decision- making process. Issues of defense, arms control, foreign development and security assistance, na- tional priorities, foreign policies, the de- velopment of a global concept for our national interests, and a simultaneous evaluation of our security interests, clas- sification and declassification proce- dures-all these and many more issues require coordination and a broad focus. The joint committee I am proposing would concentrate on these and other topics. Let me summarize why I believe such a committee is desirable: First, it would provide for a total anal- ysis and evaluation of national security jointly by both Houses of Congress. Second, it would permit closer consul- tation and cooperation in national secu- rity planning with the executive branch than is now possible. This, I believe, would help restore the intended balance of power between the two branches and strengthen the decisionmaking process. Third, the committee will have the power to review and simplify classifica- tion procedures and to declassify docu- ments whose contents should not be with- held from the public. Thus, we can achieve greater understanding, support, and public participation in the establish- ment of our objectives and policies. The composition of the joint committee can be summarized as the following: The Joint Committee- First. There will be 25 members with fully bipartisan representation. The ma- jority party will have three members more than the minority party. Second. The experienced authority of the Congress would be fully represented on the joint committee. Third. Each House also would have the opportunity to be represented by out- standing members who are not chairmen or elected leaders through the provision for membership of two majority and one minority member from each House. For a more complete description of the functions and composition of this com- mittee, I ask, Mr. President, unanimous consent that the bill to establish a Joint' Committee on National Security be printed at this point in the RECORD. There being no objection, the bill was ordered to be printed in the RECORD, as follows : S. 154 Be it. enacted y e Senate and IIo,4se of Representatives of the United States of America in Congress assembled, That the Congress declares that- . (1) it has been vested with responsibility under the Constitution to assist In the for- mulation of the foreign, domestic, and mili- tary policies of the United States; (2) such policies are directly related to the security of the United States; (3) the integration of such policies pro- motes our national security; and (4) the National Security Council was es- tablished by the National Security Act of 1947 as a means of integrating such policies and furthering the national security. SEC. 2. (a) In order to enable the Congress to more effectively carry out its constitu- tional responsibility in the formulation of foreign, domestic, and military policies of the United States and In order to provide the Congress with an improved means for formu- lating legislation and providing for the inte- gration of such policies which will further promote the security of the United States, , there is established a joint committee of the Congress which shall be known as the joint Committee on National Security, hereafter referred to as the "Joint committee". The joint committee shall be composed of twenty-five Members of Congress as follows: (1) the Speaker of the House of Repre- sentatives; (2) the majority and minority leaders of the Senate and the House of Representa- tives; (3) the chairmen and ranking minority members of the Senate Committee on Appro- priations, the Senate Committee on Armed Services, the Senate Committee on Foreign Relations, and the Joint Committee on Atomic Energy. (4) the chairman and ranking minority members of the House Appropriations Com- mittee, the House Armed Services Commit- tee, and the House Foreign Affairs Com- mittee; (5) three Members of the Senate appointed by the President of the Senate, two of whom shall be members of the majority party and one of whom shall be a member of the- minority party; (6) three Members of the House of Rep- resentatives appointed by the Speaker, two of whom shall be members of the majority party and one of whom shall be a member of the minority party. (b) The joint conunittee shall select a chairman and a vice chairman from among Its members. (c) 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. SEC. 3. (a) The joint committee shall have the following functions: (1) to make a continuing study of the foreign, domestic, and military policies of the United States with a view to determin- ing whether and the extent to which such policies are being appropriately integrated in furtherance of the national security; (2) to make a continuing study of the recommendations and activities of the Na- tional Security Council relating to such policies, with particular emphasis upon re- viewing the goals, strategies, and alternatives of such foreign policy. considered by the Council; and (3) to make a continuing study of Gov- ernment practices and recommendations with respect to the classification and de- classification of documents, and to recom- mend certain procedures to be implemented for the classification and declassification of such material. (b) The joint committee shall make re- ports from time to time (but not less than once each year) to the Senate and House of Representatives with respect to its studies. The reports shall contain such findings, statements, and recommendations as the joint committee considers appropriate. SEC. 4. (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 respect- ing its organization and procedures, (4) to hold hearings, (5) to sit and act at any time or place, (6) to subpena witnesses and docu- ments, (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 pro- cure 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 sec- tion 202 of the Legislative Reorganization Act of 1948, and (10) to take depositions and Approved For Release 2006/11/06: CIA-R?P80B01495R000500020018-9 Approved For Release 2006/11/06: CIA-RDP80B01495R000500020018-9 S 7084 CONGRESSIONAL RECORD - SENATE other testimony. No rule shall be adopted by the joint committee under clause (3) pro- viding that a finding, statement, recom- mendation, or report may be made by other than a majority of the members of the joint committee then holding office. (b) Subpenas may be issued over the sig- nature of the chairman of the joint commit- tee 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 provi- sions of sections 102-104 of the Revised Statutes (2 U.S.C. 192-194) shall apply in the case of any failure of any witness to com- ply with a subpena or to testify when sum- moned 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 com- mittee 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 services are necessary and appropriate. (d) The expenses of the joint committee, shall be paid from the contingent fund of the Senate from funds appropriated for the joint committee, upon vouchers signed by the chairman of the joint committee or by any member of the joint committee au- thorized by the chairman. (e) Members of the joint committee, and its personnel, experts, and consultants, while traveling on official business for the joint committee within or outside the United States, may receive either the per diem al- lowance authorized to be paid to Members of the Congress or its employees, or their actual and necessary expenses if an itemized statement of such expenses is attached to the voucher. By Mr. PELL (for himself, Mr. PASTORE, Mr. KENNEDY, and Mr. BROOKE): S. 1548, A bill to establish a Commis- sion to review the proposed closing of any military installation. Referred to the Committee on Armed Services. Mr. PELL. Mr. President, I am intro- ducing today legislation to establish a Commission to review and evaluate pro- posals by the Department of Defense for closing of military installations within the United States. Joining me in presenting this legisla- tion are my distinguished senior col- league from Rhode Island (Mr. PASTORE), and my distinguished colleagues from Massachusetts (Mr. KENNEDY and Mr. BROOKE). I am presenting this legislation be- cause of my deep concern over reports of impending announcements of the closing of military installations in Rhode Island, the procedures that are followed in making decisions on base closings, and the immense impact that closing of military installations can have on the economic life of a region. The legislation I have proposed would establish a 17-member Commission, in- cluding executive branch officials, Mem- bers of Congress, and public representa- tives, to review and evaluate proposals by the Defense Department for the clos- ing of military installations. The legis- lation would require 180 days advance notice of any proposed base closings to the Commission. The Commission would, within 90 days of receiving notice of a proposed base closing, submit to the De- fense Department and the Congress a report including its findings and recom- mendations. The Commission's recommendations would be based on a determination of whether the base closings would be in the best interest of national defense, the Nation's economy, and military effi- ciency. Mr. President, this legislation is timely and badly needed. The Defense Department has con- firmed that a major package of military base closings will be announced before the end of this month. Because of reports that these impend- ing base closings would affect installa- tions in the State of Rhode Island, the Rhode Island congressional delegation has met twice with Secretary of Defense Elliot Richardson. The second of these meetings was held just yesterday in con- junction with the congressional delega- tion from Massachusetts in the office of the majority leader of the House of Re- presentatives THOMAS P. O'NEILL. At that meeting, it was made clear that the New England area would be hard hit by the forthcoming base clos- ings. April 11, 1973 retary Richardson, the Members of the Senate and the House presented cogent and, I believe, persuasive arguments for the continued operation of the military installations in our States. At the meeting yesterday, I presented factual information, based on strategic and cost-saving considerations, that I believe argue very strongly for the con- tinued operation of the Newport Naval Base. I ask unanimous consent that there be printed' at this point in the RECORD two charts, prepared at my request by the General Accounting Office, which demon- state very clearly the economic and strategic advantage of maintaining New- port as the home port of the Atlantic Cruiser-Destroyer Force. I think these are factors that should be considered when vitally important decisions are made about deployment of forces and the closing of military in- stallations. Mr. President, these decisions are much too important to be left entirely to middle Ievel, faceless bureaucrats, op- erating in the executive branch without any opportunity for objective public review. The decisions are much too important to economic operation of the Defense Department, too important to the maxi- mum strategic use of our military forces, and much too important to thousands of workers who have devoted years of their lives to loyal and efficient service at these installations, to permit arbitrary decisions without review. For example, the civilian workers at the Naval Air Rework Facility at Quon- set Point in Rhode Island have through the years proven their efficiency by meet- ing production quotas and consistently achieved their work objectives with fewer work hours than the targets estab- lished by the Defense Department. I ask unanimous consent that there be printed at this point in the RECORD a table com- paring the productivity of these workers with other similar Government facilities, prepared by my staff with the assistance of the GAO. There being no objection, the table was ordered to be printed in the RECORD, as follows: ATTACHMENT 1 SUMMARY OF EXCESS COST PER ROUND TRIP OF STEAMING FROM SELECTED HOME PORTS TO SECLETED MISSION AREAS OVER NEWPORT (AT 16 KNOTS) 6th Fleet (Gibraltar) mission area - Norwegian Sea (Bergen, Norway) mission area Type of ship Per hour Norfolk (+26 hours) Charleston (+50 hours) Mayport (+76 hours) Norfolk (+32 hours) Charleston (+58 hours) Mayport (-1-82 hours) CVS--1i(aircraftcafrier,ASW)....................... _______J $2,070 $53,820 $120,060 $157,?320 $66, 240 $120, 060 $169, 740 CVA 42 (attack aircraft carrier)___________________________________ 3,026 78,676 175,508 , 229,976 96,832 175,508 248,132 CV- 60 (attack aircraft carrier) r--------- __________________ 3,243 84,318 188 094 246,468 103,776 188,094 265,926 CA (heavy cruisers) --------------------------------------- 159 4,134 9,222 12, 084 5, 088 9,222 13, 038 CG (guided missile cruiser)___________________________153 3,978 8,874 11,628 4:896 8, 874 12, 546 DLG (guided missile frigate) ------ _------------ __________------ 113 2,938 . 6,554 8,588 - 3,616 6,554 9,266 DDG (guided missile destroyer) ---------------------------- .::_._. 85 2,210 4,930 6,460 2 720 4,930 6,970 DD (FRAM I) destroyer___________________________________ _____ 61 1,586 3,538 4,636 1, 952 3, 538 5,002 DE (1052 class) escort ship .............................::j ::.a 53 1,378 ' - 3,074 4,028 1,696 3,074 4,346 Approved For Release 2006/11/06: CIA-RDP80B01495R0005000200.18-9 .,~ r fir. i a f 4-wJ'={~ Approved For Release 2006/11/06 CIA-RDP80BO1495R000500020018-9 ^ UNCLASSIFIED u E` aF ^ CONFIDENTIAL El SECRET ROUTING ND RECORD SHEET SUBJECT; (Optional) PROM: John M. Maury NO. STAT ~ Legislative Counsel GLC ~~ 9 6 ---___-- 7D43 DATE 3 May 1973 TO: (Officer designation, room number, and building) DATE OFFICER'S COMMENTS (Number each comment to show from whom RECEIVED FORWARDED INITIALS to whom. Draw a line across column after each comment.) ~' ' ' DDI Attached is a proposed recom- mendation to the Director on a bill 2. by Senator Humphrey for a joint congressional committee on. national security. Also attached 3? is an explanation of the bill. You may be interested that H h 4. ump reys 1959 article in Foreign Affairs, cited in support of the bill, contains statements which some- 5. a what undermine his proposition: "... we in the U. S. might well give more attention to the central virtue 6. of the old diplomacy--the ability to conduct confidential negotiations 7 confidentially. "; and "The role of the Senate in dealing directly with international problems is severely B? and properly limited by the Consti- tution, which vests in the Execu- ti B h l ve ranc exc usive power to 9. conduct foreign relations." In effect, we are deferring to 10. the policymakers on the two more obvious defects of the bill: (1) it would make Congress riv to the p y most sensitive activities of the NSC and the President's chief policy 12 advisers in direct conflict with the prerogatives of the President; and (2) it defeats the original purpose 13. of the NSC if it forces the Presi- dent to avoid use of the mechanism i d ~l'? T t i n or er o ma ntain the confid 14, tiality of his initiatives and options 15. C,V" i t n Liskgge or .e -. Approved For Release 2006/11/06: CIA-RDP80B01495R000500020018-9 Approved For Release 2006/11/06: CIA-RDP80BO1495R000500020018-9