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January 31, 1975
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Approved For Release 2000/09/03 : CIA-RDP831300823R000700040044-9 PROPOSED AGENDA FOR AD HOC GROUP OF USI ON CONGRESSIONAL INVESTIGATIONS - 31.January 1975 1. Security . Discussion of DCI Rough Outline of Speech 3. Development of Annexes A. IC Staff is writing an Annex on the anomalies in the Law. B. Would like FBI to take CIA Appendix I - The Counter- intelligence Piece Provided the Commission. Also NSA. C. DIA on Intelligence Process D. CIA on Intelligence and Secrecy e_)tif E. IC to Develop a Rc5e..rrLe Annex ,r/ / -f. F. IC to Pull Together Chronology of Reviews Approved For Release 2000/09/03 : CIA-RDP83600823R000700040044-9 ? Approved For Release 2000/09/03 : CIA-RDP83B00823R0007000400449 January 27, 1975 CONGRESSIONAL RECORD ?SENATE S 969 ltles?the Defense Intelligence Agency. the 'National Security Agency, the Federal Bu- reau of Investigation, and the Secret Service. For that reason, we should certainly make the best use of these persons; we should build upon their knowledge and experience. - At the same time., I believe we could bene- fit from new and fresh perspectives which could bring to such review an inquiring ap- proach which might not only develop 318W ideas but also do much to insure a positive public response to the ultin:iste findings and recommendations. I do, consequently, support establtsh- raent of a special committee to review in- telligence operations in this country. I also think, however, that our intent and deter- nalnation to insure a broadly representative committee must be made clear. To accommodate the representation of the various views. I proposed in the Democratic Conference that we consider an 11-member body, rather than a smaller one. While this is an adraittedly rather large committee, in this particular case, I believe that- it is re- quired_ Many Committees have some juris- dictional claim over intelligence activities. Interest an.d concern over this matter goes Tar beyond the jurisdictional bounds of com- mittees, encompassing, I would imagine, every member of the Senate. Views on the subject vary widely. - Furthermore, / believe that the special committee must have broad authority, as the resolution contains. It must be em- powered not only to investigate possible il- legal activities and abuses in the intellie gence. community, but also to review - the mandates of the agenCies concerned; to study the role a intelligence in today's world and to make recommendations regardbag the type of structure vehleh can best meet the intel- ligence objectives which are deemed neces- sary and proper. ' Some may perceive the proposal before us . BA fraught v;ith impltcations. of sensationel- ism ar.d headline hunting?an approach which we cisarly cannot afford and which we would be irresponsible to permit. Our de- termination on that point, too, should be made clea.r. But in this year?so soon after Watergate?w&. cannot leave in doubt the operations and activities of agencies Involved in such sensitive and significant endeavors. We must instead place our important Intel- ligence-gathering activities on a sound and viable basis. In this case, skeletons in the cioset are likely to haunt Us not only at borne but also abroad, not only on security issues but also in domestic politics. They must be laid to rest. The alternattve is to let matters ride, to permit a serie.s of well-intentioned but over- lapping ineestigations proceed, to divide ef- forts at a time when prompt and comprehen- sive action is needed. Thus, the preferable course, it seems to me Is the creation of a special committee (1) broaelly representative of the various Con- gressional concerns on intelligence (2) dedi- cated to a thorough investigation of ques- tioned activities and current intelligence op- erations and a reexamination of the role of Intellizence operations 1Rotr society, and (3) charged with the resporsibility of making recoramendations to the Senate as expediti- ously as pozsibie regarding both necessary correcti7e. actions and the future structure, authority and relationships within the in- telligen :e C.D rnrinul ity. I here Senate Resolfition 21 wilt P.ccom- plL;h ,:h!s and that adoption of It would be a rigit m-:In the right direction. Mr. PASTORE. I now yield to my dis- tinguj.shed colleagues from California. Mr. CRANSTON. I than: the Senator very much for yielding. I tcan.t first ? thank th_e_Zaza,a,tar Rhode Island prsweetircQft ership in this matter. Without his help we would not have accomplished as much as we have so swiftly in this very impor- tant matter. The efforts of the Senator from Rhode Island have inaniZested a quality of greatness. I tile? want to thank the major leader (Mr. MaNS1717.3.15), Senator MaTEIAS on the minority side, Senator BAILS% Sen- ator WEIMER, and others who did so much of the vitally Important spade work which has brought us to this point. . I have been involved in this matter. since 1971, when I questioned Senator Elleruier, the then chairman of the Committee on Appropriations, on the Senate floor about expenditures for in? telligence operations. I joined in earlier resolutions prior to the time that I helped in the support that has been brought to- gether behind the Pastore resolution. I agree, of course, with the Senator from Rhode Island that we need an ef- fective intelligence operation, we need it operating under clear and wise ground rules and under firmscontrol by the Ex- ecutive and Congress. I have been crit- ical of the CIA and ether intelligence agencies for many of the things they have done that they should not have done. There have been serious abuses.-- But there also have been great accom- plishments. There have been deeds done by courageous and dedicated men and women, many of whom have risked their lives, and some of whom have lost their lives, in service of their country. ? ? I would just make these points for the legislative history and for consideration by the conureittee theit will be carrying on this activity: ? First. If anyone needs reminding, there have been a series of revelations over the past decade and a half that point not only to the internal shortcomings of Intelligence agencies in carrying out their assigned tasks, not only the lack of co- ordination between their operations and national policy as declared by the Pres- ident and Congress, not only to the fail- ure of these agencies to communicate with one another and with the President and the standing committees of Con- gress?but, also, and more alarming?to their power to subvert the Constitution and threaten freedom here at home while darnaging?in the majority leader's words?"the good name of the United States" abroad. Further, it must be admitted, their power was often misused at the direction of higher authority in the executive branch?or with the acquiescence of higher authorities?and with a knowing wink or willful ignorance on the part of many members of Congress.. Second. But the problem goes beyond the CIA, the FBI, and other intelligence agencies. It goes beyond foreign relations. It goes beyond civil liberties at home. ? Here the great issues of national sec- urity and individual liberty are inex- tricably linked. We have to get some perspective on ourselves, on our origins, on our immediate past, and on our fu- ture?as we proceed from the aftermath of the Cold War to what appears to be an era of interdependence in a multipo- lar world. gisTaittY010Tta---AMAIB constitutional government in the 'United States. There has to be accountability and responsibility. The intelligence agen- cies Must be adapted to the needs of a constitutional democracy in our time? or they must be eliminated. . We cannot eliminate them so we have to do what is necessary to keep them under control.. That is a job for Con- grrIt.r cl. Therefore, as the Senate pro- . ceeds to establish the- select _committee, it is important to identify three irapor- taut missions of this comnattteez . First of all, it b charged with finding the facts in cases of alleged wrongdoing. Thus, the Pastore resolution empowers the select committee to "conduct an in-. vestlgation . . . a the extentoif any, to which illegal, improper, or unethical ac- tivities" have been eiagaged ia by the intelligence agencies of the U.S. Govern- ment. This will involve identifying in- dividuals responsible for such activities,: as well as their respective institutions. and I cite paragraphs 1,. 2, 3, 10 of sec- - Second, the - select committee charged with going one step further. It is _. to consider the institutional changes needed in the organizatioxf of the execu- tive branch arid changes needed in con- gressional oversight mechanisms as well?so that these abuses of power can- not occur again I cite section 2, pare- graphs 4, 5,. 6, 7; 8, 9,---and especial/y 11, 12, and 13, of Senate Resolution 21. , Finally, 'thee select committee . is di- . rected to make a complete investigation and study of the extent and necessity of overt and covert intelligence activities in the United States end abroad. I cite- section 2 of paragraph 14. - Fourth. It will be difficult fii-r? the _ select committee to carry out these inis-? sions?no rriatter how sweeping the man- date entrusted to it, no matter how great Its delegated powers, and ito matter how much access to secret documents and processes is guaranteed-in the words of the Pastore resolution. . Just how does it inVestigate matters ? that, in their essence, depend on not being seen? How will the select corr.:nit- : tee know when ibis not getting what It needs to know to get at the full facts?- - These questions are- . without - easy answers. - - . Section 3(a), paragraph /1 of Senate: Resolution 21 is of great importance. It grants the members and.. staff of the select committee "direct access" to any data, evidence, - information, report, analysis or documents or papers" rela- ting to the investia.gtion in the Possession. of the intelligence agencies. ? Despite this clause, it can be predicted? that this information?in some in- stances?will be given ine with great reluctance and, indeed, some of it alree.dy may have been destroyed. Further, there will be a. tendency for personnel of the intelligence agencies to use the classification system as a means of avoiding full testimony before the se- lect committee. That is, they may "tell the truth" or provide the facts at the "top secret" or "secret" level, but not include information available on a given ittarigg ve or- ation. ders and precedents and "executive priv- ? Approved For Release 2000/09/03 : CIA4RDP83B00823R000700040044-9. S 970 . ? CONGRESSIONAL RECORD?SENATE January 27, 1975 safeguards for our legitimate operations abroad. I am hopeful that we can observe the need. to conduct raa.ny of . our delibera- tions in private. .1 think thM although the objective set forth by the distill- Leashed Senator from. California is de- sirable, that as much as possible they be- open to the public, there are going to be times, I think, when we can elicit more - information and more significant and more penetrating and inadeoth infor- mation, it we go. into executive session.- So I- think that what we must do is ? have a balanced approach here,. recoare ive that we have to- correct abuses, recognize- that we must compel our intelligence- ? g-athering operations to conduct them- ilege" as shields a justification for not telling all they know?even though they are under oath. Fifth. This problem could be greatly alleviated if the Senate through its select committee was guaranteed the full and active support of. the Ford administra- tion. in. this inquiry.? As Walter Pincus. pointed out in. Sunday's Washington. Post., such an in.vestigation must inevita- bly end up questioning the past policies and practices of. Presidents and. their stat. Perhaps a confrontation with the White House and the bureaucracy is in- evitable as the investigation proceeds.. From the start, there are. some powerful incentives for et cover up. The Senate should understand this reality now. Already we see a former Director of the CIA, Mr. Helms pointing the finger. of responsibility at- one dead President and at another who is incapacitated? and who. so far, has managed to avoid coming into court or before a congres- sional committee. This same man is known to have destroyed documents bearing Dn. his tenure as Director a the CIA_ Further, the present Director a the CIA in his recent report apparently pointed to his predecessor and previous administ'ations as. being responsible for acts of wrongdoing, The Senate should be reminded that tins same man had contained within the Conarruttee on spent his entire career on the operations Armed Services which does have over- side of CIA before he became executive sight- jurisdiction over the CIA. But in director and later director. Mr. Colby at; the spirit that this resolution has been one time directed- the controversial and offered by the distinguished Senator perhaps dubious Phoenix program in from Rhode Island, I am certainly pre- Vieta 9. am, and at one time he W5 deputy pared to accept itnbecause I think that director for operations. DDO, in the the Senator from Rhode Island has set CIA?with, responsibility for counterin- the right tone for the conduct of this in- telligence and domestic _ operations vestigation and the subsequent conclu- among others. sions to be drawn from This investigation cannot succeed I think that some examination of the without determining the individuals re- domestic activities of our intelligence- aponsible for illegal and improper acts? gathering organizations should be in- be they in the Oval Office, the National vestigated and I think perhaps such an Security Council?and the 40 Committee investigation is overdue. within it--the President's Foreign Intel- I think t is essential that agencies in- ligence Advisory Board, the U.S. Intelli- volved in this kind of work be proscribed gence Board, or in the individual agen- from activities that either violate their cies. A number of the persons involved in charter, their congressional authorize- ? past actions still serve in high positions tions, or militate against the individual in the Government. freedom of the American people. So while the select committees' hives- I think, to that end, this is the most tigation must not degenerate into a. witch important thing that our committee can hunt, it cannot be a picnic, either. For do or that the select committee when it here are bound. to be a lot of skeletons is chosen can do. in a lot of closets. Individuals and agen- It is my view that we can develop con- sitive--that bear upotethe matters and ? questions posed in Senate Resolution 21. In. this regard, any classification?de- claiii m sacation system employed should be. devised by the select commite--in co- operation with the executive branch, if possible. After all, one of the issues at stake is secrecy itself. The emphasis throughout should be on sharing the- maxtrauna amount of information with the public. . Seventh. In conclusion, several ele- ments are required for a successful in- vestigation. and study: A continuation of aggressive investigative reporting on the part a the press, and. I know that will occur; a. select coramittee with raembers and staff interested in getting all t e facts and sharing them with the Amen-,selves within the purview of the law that can people to the extent possible; the authorizes them., and, at the same time full cooperation of the executive agen- recognize the vital interest a the United cies involved; sources and witnesses who States from the geographic, strategic, po- ? are assured of proper protection along lidcal, tactical, econoraic situation that the way. we find ourselves tin and make sure we Again I thank. the Senator from do not hobble ourselves and render our- Rhode Island, the majority leader, and selves at such a disadvantage that we the many others for the magnificent cannot maintain the kind of internation- work that has brought. us to this point al posture we need. on this day. - I might mention. one other' thing. Mr. Mr. TOWER. Mr. President, I yield President, and that is leot only the neves- myself such time as I may require.. sity to protect some of otrr agents or some Mr. President, I will be very candid of our covert operations abroad, but also with the Senate. It was my original feel- the confidence placed in us by foreign ing. that, this matter should have beer, governments. We must, I think, be care- ful not to embarrass- foreigngovern- ments, not. just friendly governments, but perhaps some mutual governments and some that may not appear to be so friendly that may have supplie.d us some cooperation; and I would hope we would take care not to embarrass governments of the countries. With the proper care, I think it is per- fectly correct that. we embark on this course today. I am delighted to yield to the Senator from California. - Mr.. CRANSTON. T there- the Senator for yielding. ? Oa one point he mentioned, I recog- nize that there will have to be closed door sessions, Erst, in order to get- such. information, that would not otherwise be made available, and that the committee . will need. I recognize the reason. for his . amendment- I thiolc it is quite a.ppro- - priate. I would like to a6k one question aod make one point about it. First, I think, as I said in my earlier remarlos just now, that the committee- must control the classification. and. de- cies involved in wrongdoing or ques- structive legislation that a o tionable practices must be identified. Or proscriptions and . such protections. I classification. process, hopefully in coor- else the American people will be ill served ? would express the hope that has already 0 ina.tiot and. cooperation with the ad- by another coverup. . been expressed by the distinguished Sen- ministration, but It cannot get itself into Some have stated that this investiga- ator from Rhode. Island that we can con- , a situation where it is unable to do cer- tion must not be a. "TV spectacular." But duct our work in a responsible way, so tamn. work that it feels it must do. it must not be conducted behind closed - as 0 preserve the confidentiality of mat- In regard to the specific arne.ndment doors, either. 'Protecting the national ters that impact on the national security that the Senator has offered, under his _ security" arguments must not stand in a the United Statesef America. amendment how do we prevent the-exec- the way of the American people's full We must recognize that our adver- utive from abusing this authority? tmde.rstanding of this problem, and they series and our potential adversaries have For example, suppose they did not, ? must not stand in the way of publicly' had a sophisticated intellige.nce-gather- - cooperate? . assigning responsibility for past actions. ing organization. that they have an ad- . Mr. TOWER. If the Senator frcrn Cali- Again, the fundamental issue is account- vantage over us in that they opF...rate in fornia will withhold on his question, I ability and responsibility under a consti- this country in a free society, and in most was going to engage in colloquy with. the ? tutional system of government. - respects in our operations abroad we op- Senator from Rhode Island on this mat- Therokoiodooilf ason lie&wieiistlons erate .in closed societies,. making the ter. . , ? cannot be discussed in open hearings, and ca e cif , rgtMaiirft 3Rti0d310114?0444.4 will bring all . of p.ol all facts bared?except for the most sen- I thine: we do have to afford adequate this out. set:2?439MP 'Pt' Approved For Release 2000/09/0.3 ik6MPV?T423R000700040044-9 S 967 CONGRESSIONAL _LT 17t,-.7-? 27 1975 w least 5 years within Ile 8-yeer perk) ending I. on the d..ta of the sai Taxpae ..r.s rneet these two requ meats may e:e..:. to exclu the entire Er ? from groes In- me if the adjusted sales price of t1ae?..7 :es Cence is $2 ,OGO or less. ( is elec. tioa ca:., only be in ee once duri a te.x- payer's life-Arne.) If he adjusted s es price exceeds ?:20.000, an election may e made to excluiC part of t e gain based o a ratio of 320.0C, the justed sales pri e of the resn :4. '1,-) rrn 211 (Sale or Exc' age of Persc,red7Resideace) is helpful in d tern:dn.- ing ?,-eleat rain, if y, may be exc (led by an eleeriy taxpayer hen he sells h home. Adciiiienally, a tax ayer may elect ? defer reporeing tele gain o the sale of his ? ersonal resideec4 if within year before- o 1 year after 7h4 eele. he bu s and .occuplee another - residence, the cost o which equals-o exceeds the acljuked sale prICe of the old r sidence. Addleior4.1 time is Uowed if (1) e u con- struct 7.-Z..e new rest ence or (2) u were on acterp duty in 4tie US. Anna FOrCe9. PUb1iC34X,.. 523 (Ta4 Inforrnation o your Horn.e) may a1s be helpful. ? Bettrerievit I acorn . Credit.?To q the re.tizernent income credit, you be a E.S. citizen or reeident, (b) ceived e9.rned. Income in excess of each of any 10 caleedar yeare bet and (c): have certeen types of q '7:eV:ex:lentincomel Floe types of i pensionsi annuities, interest, arid include.di on line 15 rents froln Sch.edule qualify 4or the retir The el:edit is 13%. 1. A taxpayer's q come, or! 2. $1.524 ($2,236 f l_loth ta:e7-es.yers are total of non.taxable Security ih a ne. fits or nuitles) :ire/ earned i the tax.ayer's age earningsthe.i may hay If the taxpayer Is the7.-.,1.514 figure by income 1.. excess of $. 62 years jc1 but less redae.ed by one-hi excese cei 31,200 up amour:71;7er 31.700. not suh4ct to the e. Seheir4le R is nsed the reth-ernent inco. The Internal Rev computthe retlrena taxeJaye._, if he has r pute h_le; tax and h for colunins A and and 5 ?al-Se:he-di:de R of his Sgeial Securit tiremene annuities, : qualif3t43 retiremen realtle.s, interest, die taxe sy a:: 3:^_ould. also Form 12-1.-e. 1 was viol4ed. Had the nocide C tion bee in existence two decad those wh? perpetuated trocities 1933 and 939 could ha been bro justice. ? This si uation displ s the sam of inacti n that was brought 2 those res onsible for t' Armenia sacres ev n though Tu ey and he man alli were defea There is evidence on Hitler d y noted this pared program o Docume 5 introduce berg tri s contain th ment ma e by Hitler iL before t e invasion of What t a weak weste tion thin about me ct I have s t to the Ea head uni with the or rcy all men, h race and we win the talks newaday Armem.lans? Selling Pity or m of the POl life for a way wt Who- still ust (a) tion of th 8.78 re- $600 in It is q e 1974, stateme, aillying world's ? coe? viden.ds ' Form 1040, a4 gross meme c edit. , Part II, colula (by? rit inco f tile lesser of: ntHying retire ent r a joint returi where 3 or older) mi us the nsions (such Social iiroed Retire nt an- come (dependi g upon d the amoun4 of any ). der 62, he mils reduce the amount c., earned 00. For persons at least ban 72, this a ount is Z the earned ir ome in $1,7oo, plus t e total ersons 72 and ver are ned income lit itation. or taxpayers w oclaim credit. nue Service e "1 also at income cre t for 9. uested that I com- answers the q estions and complete 2 relating to the mint benefits, Railr ? Re- earned inco and income (penei as, an- elide, and ren ), The write "RIC" on Me 17, -NURE..t_L;rf..:RG Fc,:,..q:E.; NEED ,. OF ?TE GE:N.50C I :Mr. PROXIVIRE ? the v.-c4t offenders ClcIe1-,-.--2icyri thE. ace the United -.Nation terve' -, of 6 rni Poles. 1:42,ed_recls of Serbs. at.-_ci alISSiafl it i *:."3,S , ecideci lia. 'Wl--_,The Nure be y.:-.-11,::ned for a ir.i.-..eci to:lor to 1 trib i.-.2.7..1 -6- hich tri crimes -, zainst hun sider ?I. -.:es occi on the TyprioVe IALS ONLY R THE ADO E TREATY President of the crime o ion was outla was the Na- lion Jews. 2 V.! thousands of . ? berg trials co vened the Nazis coi ld not ts of genocid corn- 39. The Nur raberg d war cim4Js fOr anity refused IC con- rring before t EIN- TION sacres pleased. when th to show The C that dis concern United a import one of g eno- ed by 's ex- (Union zechs, in World the recor4 that ceeded to call the roll. act when he pre- Mr. TOWER. Mr. President, I ask exterrnin'ations. unanimous consent that the order for the at the Aurem- quorum call be rescinded. following Istate- The PRESIDING OFFICER. Without August 1929 just objection, it is so ordered. _ Poland: Mr. TOWER. Mr. President, I ask European nivilizae unanimous consent that Miss Pam Tur- not matr., of my staff, have the privilege of eath's the floor during the consideration of Sen- ven- Mr. ORLI. IN. Mr. President, will the ago Senator yield? ween Mr. MANSFIELD.' yield.. ht to Mr. GRIFFIN. Mr. President, I ask ? that the time on this side be yielded to kind the control of the Senator from Texa.s ainst (Mr. Towea). mas- The PRESIDENTG OFFICER. The clerk Ger- will call the roll. \Tar I The assistant legislative clerk pro- only my er to kill men, and age. Only tal space of the ext 'te apparent rom the p that Hitle interpre aztion on t ArMerlia tacit cons nt to do y should ? e world s y have alway failed in t concern? nocide Tree lays the wo ver acts of ta.tes has re t doctunent. further ntemational in the hopes of eh crimes ainst humar leagues o join me Genocid Convention The P ESIDING OPFIC1IR. for the onclusion a morning having arrived, morning bu.s closed. CO CLUSION BUSEN is the do id's antra en.ocide.. Tet the ceeded to call the roll. - ? ? used to slim this ? Mr. PASTORE. Mr. President, I ;- the int rest of unanimous consent that the order for eace and safety, the quorum call be rescinded. . ating alli future The PRESIDING -0F.e10ER. Without ty, I urge y col- objection, it is so ordered. support of the Mr. PASTORE. Mr. President, a parli- ? coords. amentary inquiry. . The PRESIDDIG 0.Kee.CER. The Sen- ator will state it. . G Mr. PASTORE. What is the pending business? The. PRESIDING -OFFICER. The : pending business is Senate Resolution No. 21. . Mr. PASTORE. Mr. President and col- - leagues, I am not going to belabor this - measure this morning by an extended SELECT COMM. .. TO STUDY explanation. As a matter of fact, I did GOVERNYMNTAL 1NTET,T ,TGENCE- - explain it last week and I ? think that - GATHERING ACTrvi.e.i.ES - what we are trying to achieve is quite The PRESECING OFFICER. Under the well understood by the Members of the previous order, the hour of 1 p.m. having Senate. . arrived, the Senate will now proceed to . I do not think we are going to have any the consideration of Senate Resolution difficulty with this resolution. As a mat- 21, which will be stated by title. ter of fact, it is generally conceded, to be The assistant legislative clerk read as -necessary, and I point up the fact that, follows: by a vote of 45 to 7, it wa-s approved by - A resolution (S. Res. 21) to establish a the Democratic Conference. Select Committee of the Senate to conduct an As I understand it, the minority investigation and study with respect to in- leader has stated today his selection of telligence activities carried out by or on be- of the select 'committee, so I half of the Federal Ooveriarnent. construe from that that the other side The PRESIDING, OFFICER. The time is more or les.s amenable tot-his resolu- for debate on this resolution is limited to tion. 2 hours, to be equally divided between Mr. TOWER. Mr. President, will the and controlled by the majority and Senator yield? minority leaders or their designees, with Mr. PASTOI1E. Unless it was a gesture the vote to occur. at 3 p.m. of futility. Mr. MANSFIELD. Mr. President, 1 ? Mr. TOWER. It was acceptance of the yield my time to the distinguished senior inevitable, I think. .. _ Senator from Rhode Island (Mr. PAS- Mr. PASTORE. Mr. President, I wish TORE.). to make it abundantly clear at the out- . ?-f' t that tlee .e.bI the CIA, and Militavy .thout ate Resolution 21 and a.l. am "'res.? thereto. n Sue" The PRESIDDIG OFFICER (Mr. GARY - traina- W. HART). Without objection, it is so. need. ordered. . Mr. TOWER. Mr. President, I suggest . evious the absence of a quorum. d the Th > PRESIDLN'G OFFICER. On whose mas- time? as he Mr. TOWER. To be charged equally to P him both sides. ? - Le past The PRESIDING OFFICER. Without objection, it is so ordered. ument The clerk will call the roll.. - - . - e and The assistant legislative clerk pro- MORN SS time usiness ess is I suggest the absence oa quorum, _? e war the tune to be charged against both Intelligence are absolutely necessary to the security nd th survival of this We'v26 ? 6d/09/03 . CIA-RDP83600823R000700040 Ae 044-9 S968 great #ENC,c. 2nyons who questions they are. I am sure they win all render not only the acceptance of any findings and* for a moment, anyone who should try or fine service. recommendations but also the poaelbllity of ov d For ReleascecaMWelitreR3136#6M0007000400444 27, 1975.? anyone who should even begirt to irnagine We do not Ineow yet who the members reecic4143g c'c'tttrat'thag views theorl" . 171tirnately, the report of this select com- mittee- must be widely accepted by many elements of the American people. Otherwise, efforts to correct peat improprieties and re- store confidence in our government's ability to conduct. in an appropriate manna- the -- very sensitive and important intelligence function, will falter. To fail to create a broadly- based committee would in the end be a. disservice to ourselves, the Senate, our country arid the American people-. Testimony already takerr In the Congress strongly indicates that there have been abuses and misuses of. authority within. the Central Intelligence Agency.. Allegations, of other prop etles. remain unanswered. A? . virtual noodgate of quesloaa and charges it says: as been opened, en:rutting our intelligence The type of security clearance to be re- community- in suspicion and uncertainty quired in the case of any such employee or While some- of this may have been more sen- person shall be commensurate with the SOTISt- cation. than substance, tha facts remain that tivity of the classified information to which both. damaging testimony and allegations of such employee or person will be given access serious misconduct are before us and that by the select comnaittee, they have not been. rebutted to the satisfac- tion of most, members of Congress or of the American. people. The floodgate cannot and should not be closed; the questloe.s raised. must be an- swered; the faith of the people in this moat sensitive area of_ their government must be restored. - If an agency- has overstepped its author-, ity, if it has violated the-rights of citizens whom it is. supposed to serve, if it has. been. involved In illegal activities, if it has been utilized In derogation of its public trust, then, these matters must be. fully in.v:e.sti- gated. Corrective steps must beetaken. There was an. earlier time- in. this Nation when the agencies in question?born. in. a turbulent area of violent crime half re cen- tury ago, or in the aftermath of war 25 years later--enjoyed a very different Image, They that the Senator front Rhode Island is which must- be accoranaocisted. trying to do anything to disrupt or to injure in any way these fine agencies, should immediately disabuse his mind of it. I have been connected for a long time with the workings of these agencies. I realize why they were instituted in the first place. We could not survive as a decent society without the Est We could never survive as a great nation in this troubled world, this sensitive world, with- out a CIA or military intelligence. So I wish to make- it abundantly clear, Mr. President:, that what we are trying to do is find out the abuses of the past and also of the present, to find out how it all started, how far it went, to remedy these abuses and make sure that in the future they will not happen: and in the final analysis, ultimately, that the confi- dence of the People wil be reaffirmed , and strengthened in their appreciation and their consideration, as to the essen- r think we ought to nail that down to tiality of these great arms of Govern- be within the determination of the com- ment. mittee Mr. President, having said that, I must should like to add some language in in all fairness say that there have been there, in the last sentence: "within the some very serious abuses. I am not going determination Made by the committee to debate them this morning. As a matter itself." . of fact, our newspaper headlines ha;se Mr. TOWER. Mr. President, I wonder been replete with a dissertation of what if I might visit with the distinguished they are. There have been charges and Senator from. Rhode-Island. countercharges, There have been those Mr. PASTORE. When the proper time who have exaggerated some of the comes. I do not think we are too much wrongs; there are those who have mini- in disagreement. I repeat what I said mized some the wrongs. Because the su- last week when I was questioned by the pervision on the part of Congress is distinguished Senator from Mississipei, spread throughout several committees, the chairman of the Committee on each of which has jurisdiction" are on the majority side. X know X am riot one of them: I do not want to be one of them. I made that pledge at the time that r introduced this resolution, that I was not doing it for any selfish reason: I was doing it because I thought it needed to be done. Mr. President, having said that, I have nothing further. I am perfectly willing to answer any questions. It is a very sim- ple resolution. It is all spelled out. / understand there are going to be two amendments. I am amenable to both amendments, with the exception that on the Tower amendment, I hope we can clarify one statement at. the end,where i me Services: The jurisdiction of each were looked .upon .as guardians of the Nation.' way?the Committee on Foreign Rela- committee as it now stands will continue, and protectors of law-abiding citizens. But. tions is absolutely interested in inteli- There is nothing in this resolution that like so many of this country's institutions in genee abroad; the Committee on the changes that one iota. I suppose that the recent yeare, they have fallen in esteem. The Armed Services is absolutely interested - authorization bills, when they come up, ain,.atellie lg3eInhc,,er n coonsf tmhieiniityai.isa:s has lobet 1M- gliitter, in military intelligence; the Joint Corn-will be referred to the Committee on in the public eye by a much more dubious . J3 een rep aced mittee on Atomic Energy is absolutely Armed Services, there is no queetion at all character. interested in where our nuclear weapons about that. I suppose before deciding the Thus, the need for a feu investigation . are and how well they are being pro- authorization the chairman will conduct- of the tide of current charges goes beyond tected and, vis-a-vis with our adver- some kind of hearings, not competitive the obviouexequirements of discipline V7i thin series, what they have and what we must to the select comraittee; it could be-con- the government; it goes to a restoration of have?there is no question at -all about somine with it. I am not opposed to- that. . ? ? confidence iri a segment. of government that. ? more than any otlaer, must hold the- pub- the essentiality. - As a matter of fact, let us face it: We lice con.fide.nce. The important thing here is to restore are all here trying to do the right thing. No nation can gamble with its- security, public confidence so that these agencies, Let us do it. That is about the size of it. Indeed, the guarantee of that security is in the final analysis, will be respOrleiVe. That is what this is all about. This is Now, Mn, President, I have here a perhaps the most fundamental of ALL -overa- statement by Senator HIMDLESTON who mental resportscollities. Witheut It, all else not to challenge the chairman of one can quietly fade. - . asked me to have it inserted in the committee or to challenge the chairman National security arrnngements, defens.e RECORD, and I ask unanimous consent of another committee. We are not here that that be done. and foreign policy strategies, and. decisions to rebuke any Member of Congress for regarding a host of other issues rely upon what supervision he gave or did not give. The PleESrDING OFFICER_ Without intelligence. In fact, there are few who would e objection, it is so ordered. ? argue that we could do without in That is not the question this rnornin - STATBD472,77 B7 SATOR H to b UD an increasingly complex and pears DLESTON gathering activities?especially in what ap- a select committee consisting of 11 mem- I am pleased to support Senate- Resolution uncertale world. - e ' -What we are trying to?do here is create . . bers-6 from the majority, 5 from the Furthermore, the very nature of such ac- 21, which would establish a select committee minority. I know it is not going to be on x inbetrilelivgeen cee activities,ereatla a Partisan. There is not a Member of the of such a correnittee tivitlet requires that they rtbita.c1?ely held and carried out. wi.h a ce. degree o Senate who does not put his country is essential at this time. .secretiveness and: confidentiality'. . . before his party, or even, indeed, his own I believe the committee as proposed in the But, the agencies involved in such activ- resolution before us will meet the needs of itis, like Caesar's wife, must be .above re- interest. If it were otherwise, that woidd be a blot on this great establishrnent. the Senate and our Nation in terms of struc- proach?not Just because of their .special . tore, representation and mandate, status and charge but also because actions What do we do by this. resolution? We ate must touch upon the various ages, views, ti which ateinartolvie them in s,uspicion and goes-' committee such as we are about to cre- whf- crate a committee of 11 members. The -troy their abil? geographical areas and philosophies which it?yPtso f,n..inctoion7P i not d2s names have already been suggasted by e are a part of the Senate and our nation-at- ThCre are those in this body who have fol- the minority leader of those on th part large. . ? Of the minority party. We know who To structure it otherwise would. diminish other agencies with intelligence responslbil- ? lowed closely the activities of the. CIA and .. Approved For Release 2000/09/03 : CIA-RDP83600823R000700040044-9 ? Approved For Release 2000/09/03 : CIA-RDP83600823R000700040044-9 RECORD?SENATE. S 971 January 27, 1975 * CONGRESSIONAL Mr. CRANSTON, Fine. Mr. TOee rein So that we will make It clear a-hat everyone means and intends but I think the distinguished Senator from Mississippi has been seeleine: the floor and has been very patient, so I would Like to yield to him, and then we to..e this matter up subsequently. Mr. CRANSTON. Certainly. I thank the Senator. ? Mr. TOWER. r yield to the Senator from Mississippi such time az the Sena- tor re.quires. Mr. STENNIS. arr. President, I thank the Senator from Texas. At this point, at least, I certainly will not reoeire over 20 minutes, so we can just it to that. Mr. President, after a conference with the Senator from Rhode Island and. the Senator from. Texas, I send to the desk an amendment to the proposed resolu- tion and ask that it be considered. now. The PRESIDDIG OeiteICER. .The amendment will be stated. The aezistant legislative clerk read as follows: The Ser.-oats:1r from. Mississippi proposes an amendment, at the end of the resolution, to add a new section as follows? ? ? Mr. STENNIS. Mr. President, I ask unanimeue consent that further reading of: the [amendment be dispensed with. Mr.ate...NSF/MM. Why not let him read it? ? Mr. STEDTNIS. All right:, .I withdraw that. The PRESMLNG OtTuteete. The clerk will read it in full. The, aseistant legielative clerk. read a5 follewS: At. the end of the 'resolution add a. new section :"."-"i follows:. 7. The select committee shall insti- tute and carry out such rules and procedures as it may :learn necessary to prevent (1) the clisclowure, outside the select committee, of- arty inforir-ation relating to the activities of the Central intelligence Agency or any other depart:Tient or agency of the Federal Cover:it-nen,: en ed in intelligence activi- ties, o'otainecl by he select committee dur- ing the course of its study and investiga- tion, not specifically authorized by the se- lect coe to be disclosed, and (2) the disclosure. outside the select committee, of any in.formation. which would adversely af- fect the intelligen.ce activities of the Central Ite1igecA;tc7 in foreign countries or T.112 i117..9.111:-.-12c.a activities in foreign countries of any orlier department or agency of the Federal C-o7err_rnen.t. Mr. PASTORE. Mr. President, will the S:er.aaor teeld? Mr. STE.NNIS. Yes, I am glad to yield to the. Senaeor from Rhode Island./ want to state very briefly what the purpose is, but I y :low. ale PASTORE. For the purposes of the RECORD. weeli the'Senator in explain- ing his aireenciraent? which I am going to accept-. enpieln what he means by "not e.uthorized"? Mr. ST-Fine:IS. Yes. That is 7r. the second port, is it not? Mr. PASTORE. Yes. Me. SOTnerNIS. Mr. President, this P.rhencirriefi: rt .s to svhat we ordinarily call "hcoes." It does not put any limita.- tien aee committee a e- niatseeee. The /3ppro,vrectcermetaas Et are not eXpi-e..5.31y authorized or given out by the.conereattee itself or its mem-- covered. in any way very plainly, that bers. It just requires that such reason- there was no prohibition on. it. I do not able rules, and regulations as the cone- think this puts too much of a burden. mittee may see Et be established by the The Senator le opening up all of these committee regarding disclosures a in- files. formation that might, in the second part, affect intelligence abroad. But going back to the first one for just a moment, thi& relates to disclosures by those mother than the committee, ? staff members or anyone else that might come in contact with thie inforinatior_ In other words, the committee itself is called on by the Senate to eneee these rules and. regulations. Now, with reference to foreign intel- ligence or batelligence activities abroad? and that is what my plea is for here to- day, the protection of this foreign in- telligence?there we are trusting the committee to write rules. and procedures to setout for themselves and staff mem- bers regarding. this foreign intelligence. Mr.. BAKER, Mr. President, will the Senator yield beefy for a question? _ STE'NNIS. I am responding to- a question of the Senator from Rhode Is- land. Will the Senator restate his question with respect. to paragraph 2? - Mr. PASTOttri. r was wondering it the word "specifically- was not rather redun- dant. If it just said. "not authorized by select committee," that would not lead to any controversial confusion. '- Naturally, the authorization ewcind have to beexplicit. The word "specifical- ly" for the time being, without knowing within what context it was inserted in the amendment, disturbs me for the mo- ment, unless- -it is more explicitly ex- plained. I thought if we just said "not authorized by the Sele.ct Corernittee"_ it would be enough. In other words, I do .not want the com- mittee to sit down and begin to write a bill of particulars every time they are going to authorize some disclosure. Mr. STENNIS. What line is the Senator 'referring to? I see it. That is be.fore the second paragraph. That relates to staff members. Mr. PASTORE. I knowthat. This whole amendment relates to staff members. I quite agree with the Senator from Mis- sissippi. I hope that the staff does not begin to hold news conferer_ces. That al- ways haPperis. They just take this whole thing over. I think if there are going to be any news conferences, they should be by the chairman or the members of the committee themselves. But in the past we have had the sorrowful situation that staff members fall over one another to see who can tell it to the press first. I think everything should be told to the press that needs to be told to the public. I think the public tuiderstands that. Mr. STENNIS. aneis is not to prohibit that kind of infonhatiore Mr. PASTORE. I know that. But I was wondering if the word "seeacifically" is not a little too tight for the committee. If we said "not autherized by the. com- mittee," I think . we accomplaah the objective. way we could. It did not work. Mr. Si-aNNIS. What we were trying There are some matters of ser,sitivity ? n- tiegio c -ear thgttoi-i et hay not been leak.ed, but. are still Mr. PASTORE. No. - Mr. STENNIS. The resolutlon. does. I do not mean. the ateendeaerfc does but the resolution opens up the files. We just have to have a safeguard. Mr. PASTORE. I do not think'think'we are ? meeting on our intent here. I am. not Op- posed to the Senator n 's suggestio that the matter of leaks should be prevented, and that the staff should, not disclose anything - without a.uthorization by the committee. The only thing. that bothers " me ia that he. is tightening. up the obli- gation and responsibility of the commit- tee a little bit too much by using the word "specifically." If he left the word. - "specifically"' out, I think he would . complish his purpose and not- open it up to debate every time there is the e question of dieclosure. ? Mr. STEW N. IS. The in -point here is to have something explicit in writing by - the committee as to rules and proce- dures. When we nap, that. down, explic- : itly, how it should be done?..then we :- cover the waterfront.. . . ? We can strike out the Word. "speCif: ically." Mr. PASTORE: Will the Senator strike it out? Mr. s=4.-rs. Yes. .. Mr. PASTORE.. If he strikes it out, I . would. accept the araendeaento r. STENNIS.. With the understand.- ? ing that this still carries With it-- Mr. PASTORE. With the understand- ing that the committee and. only the - committee-has the authority to disclose. I will admit that. ? Mr. STENNIS. It is better to be care- ful here than to be sorry later.. This is- not directed at the committee. Mr. PASTORE. I know that--? ? Mr. Siaele-N. IS. This is putting th n._ e Senate in a proper positio I. think it will help the committee to have the Sen- ? ate go on record here in making this one of the groun.d rules, so to speak. Mr. PASTORE. Is the Senator willing to delete the word "specifically." Mr. STENNIS. Yes.. Mr. PASTORE. With the modification. I will accept the ae-nendrrient. m Mr. YOUNG. Will the Senator yield. for 3 minutes? I support the amendment.. Mr. STENNIS. I do not have control of the time. The Senator from Texas has control of the time. Mr. BAX-F.R. Mr. President, I ask the ? m Senator from .Mississippi if he will yield for a question. on his amendment. - Mr. STENNIS. All right, and then I will yield 3 minutes to the Senator from North Dakota out of my time. I yield for a question. Mr. BA=R. This Is a question of clarification. This amendment, of course, Is an antileak amendmentaI think that Is fine. I hope we succeed. We failed miserably in the Watergate Committee. Our former colleague and I tried in every 2kiridib r t ra 28:1100600040044290aittee, many this information and, since it was not a them, in safe. storage.. ? Approved For Release 2000/09/03 : CIA-RDP83B00823R900700040044-9 ? S 972 CONGRESSIONAL RECORD?SENATE January 27, 1975 . Paragraph 2 concerns me. It says: And. number 2, disclosure outside the corrunittee of any information which ad- versely affects the intelligence activities of the United States. It would appear on its surface to say that if we shambled into a matter such' as the Chilean situation, the Bay of Pigs, or the Lebanon incursion, notwithstand- ing that it xr.Ight appear to the Commit- tee to be something that ought to be dealt with in' the Congress, we should not disclose it. Will the Senator from Mississippi re- assure me that that is not the purpose of paragraph 2? Mr. STENNIS. No. that is not the pur- pose of paragraph No. 2. We tried to wrap it up in such a way as require rules of procedure in the committee which I understand to be the feeling of the Senator from Tennessee. Mr. BAKER. If there appears to be conduct by any agency of the U.S. Gov- ernment thst appears to be improper or exceeds its jurisdiction, that would not be limited by paragraph 2 of this amendment? Mr. STENNIS. This does not put a limitation on the committee. It requires ? the committee to proceed under rules, regulations, and procedures. But these - things are still left in the hands of the conunittee. Mr. BAT-CrR. I thank the Senator. Mr. STENNIS. It is a rule of the Seri- ate by a guideline. Mr. PASTORE. With the modieea. tion, I am willing to accept the -amend- ment. Mr. STERN'S. If no one else Wants the :noon can we have a vote on the amend- ment? Will the Chair put the question? The PRESIDING OFFICER. Does the Senator from Mississippi modify his amendment? Mr. STENNIS. Yes: by striking out the word "specifically" in the sixth line from the bottom. The PRESIDING OteriCER. The ques- tion is on agreeing to the amendment as modified. Mr. CURTIS. Reserving the right to object and I, of course, will not object. X would like to ask a question. Is there any P-ena.ity or enforcement means to cempel staff members of this -committee to not disclose information that their committee directs should not be disclosed? Mr. STI2INIS. It is a sad state of the law, Mr. President, but I am quite doubt- ful that we have a law that really ? is drawn to cover situations of this kind. We have the old Espionage Act of 1918, which specifically requires there must be an intent to do harm to the United States. It is a kind of wide-open proposi- tion which is, in itself, e very strong argument here for the adoption of this amendment. It puts in some kind of an obstaele. A staff member, if he violated the rule, would violate a Senate rule. It would not have any criminal penalty at- tached to it, but it would be a rule to that extent. I hope the committee will get a prom- write a. bi-1,!ralt.# rtrif ise in adi?etiie going to write a book, or a journal arti- cle, or anything else?about things that were disclosed to them in these proceed- ings. X think that is a matter we have to trust to the discretion. of the commit- tee. Under present law we have to. I be- lieve the Senator raised a good, point. Mr. CURTIS. I certainly am for the amendment of the distinguished Senator, but I believe we have to rethink our Posi- tion on some of these things. Here in-this country if someone discloses a. tax return, he has violated' a criminal law and can he punished. If. he discloses secrets vital to the security of the United States, he is apt to defend it as the right of the people to know. We have, certainly, a right to not only make it a law violation to dis- close, but there ought to be a penalty to it. . . .I thank the Senator. Mr. STENNIS. I thank the Senator. If there is no further discussion, could we have a vote on the amendment? The PRESIDING OletaCER. The ques- tion is on agreeing to the amendment, as modified, of the Senator from Mississippi The amendment, as modi -ted, was agreed to. Mr. STENNIS. Mr. President, I ask unanimous consent to yield 3 minutes to the Senator from North Dakota without losing my right to the floor. The PRESEDZIG OFFICER. Without objection, it is so ordered. Mr. YOUNG. Mr. President, I zee no objection to a thorough examination of the operations-ol the CIA, the FBI, or any other intelligence-gathering agency, but I believe it can only be done effectively, and without great injury to the agencies, by a relatively small committee and a Breen staff. A big investigating committee with a sizable staff?no matter how well intentioned?cannot avoid much of the information that develops at the hearings being leaked to the public, thereby be- coming easily available to the intelligence agencies of Russia and every country in the world. If the pending resolution involved a -much smaller committee with only a very minimal staff, X believe the security of this Nation could be safeguarded and the investigation could be very helpful. I would hope that the meetings of the com- mittee would be open to the public. If this were the procedure, then the public would get firsthand information rather than from leaks highly distorting the facts dis- closed in the hearings. Mr. President, I cannot help but be deeply concerned about the future effec- tiveness of the Central Intelligence Agen.- cy. No intelligence opereeion?particu- larly involving clandestine operations in foreign countries or involving some of our most advanced technolcgy, espe.cially in defense areas?can be publicly dis- closed without endangering our sources of information, the lives of those involved Lu this type of intelligence operations, tend the very effectiveness of an intelli- gence-gathering organization. Russian intelligence agents, for example, would only have to read our publications ta obtain information highly valuable to them. ? igaglingfg..3?Cr0.111, AMP ligence agent, a high-rankiag member of the GU, dieclosed to Great. Britain and the United States a great deal of inside informa.tion regarding how far lei ssia would go in this missile crisis. He also provided us with much other information regarding the entire operations of the GRU and KGB--their two major intel- ligence-gathering agencies. A book was published regarding the Penkovsky pa- . pers and information which has been in circulation for several years. The. point I am trying to make, Mr. President, is that Penkoe-sky expected to be caught and waScaught. There was a 2- day trial and he was killed. Here in the United States there is not much of a pen- alty for even the highest re:tieing intel- ligence ocer; a Member of Congress, or anyone else for disclosing our most highly- classified intelligence. Mr. President, the Washington Stare News of Sunday, January 26, 1975, pub- lished a very good editorial On the sub- ject of intelligence a.nd the forthcoming investigations entitled "The Great Intel- ligence Exam." I ask unanimoue consent that it be printed in the Recoee. There being no objection, the editorial ? was ordered to .be printed in the RECORD, as follows: , THE GREAT 11.4TELIAGENCE EXAM This is the era ot bosom-bartng and the country's numerous intelligence-gathering organizationa are not immune. As things stand now, varioue committees of the Haase. and Senate are g-seering up for traveettgatlons of the Central Intelligence Agence. the. Fed- eral Bureau of Investigation, the Defense In- telligence Agency and the National Security Agency. We hope that these investigations will be boiled dowfl to, at moat, one select committee in the House and Senate.. We also hope that the inveetigations will be skepti- cal, thorough and reeponsible. A witch-hunt ? born of the peculiar sensiterities left oVer from Waterga.te would not be helpful. A cerefril ar.alysis of this country's intelligence problems and legLsistioa to remedy the rale- tekes and deficiencies of the past are very surely in order. A bipartisan congresalonal inveetigation is especially desirable in- view of the .conaervativa complexion of the blue- ribbon executive panel headed by Vice Presie dent Rockefeller which is also leoking into CIA activities. The difficulty, of course, is that, whe.r it comes to intelligence-gathe.rirtg epeeations, b03oharing, 13 a tricky procedure. The risk I& that too much public exposure of a highly sen.sitive? area ?of government will put the whole operation out. of le.usle.ese, and imperil the reputations?and even tiee lives?of peo- ple involved, to say nothlag of the nation's security. In the past, the congreezional com- mittees with Intelligence oversight responsi- bilities have been squeamish about inquiring too deeply into these cla.ndestine affairs. The pre.sent danger is that poet-Watergate zeal- otry, inspired by news stories of a "massive. illegal domestic intelligence open.. tioa" mounted by the CIA a few years back, will leed to excesses of revelatien. For our part. we remain unconvinced that the charges have rauch fouridation.. Slerom what hes been revealed so far?err...astir by CrIA Director William E. Colby tea House, Appropriations. subcommittee?it appears that the agency was involved in a prograrn of internal surveillance of certeda domestic dis- sident groups suspecte.d of having connec- tions with foreign agents. CIA ageats were "leserte.d" in some of theae, organiratlons, SOME:. 'mail between. American citizens and Communist oorrespondeuts was read, and 82ARVOMMIA044,41:tii?a`-lect7 tion, Colby said, the program involved peysi-. 'Approved For Release 2000/09/03.: CIA-RI5P83B00823R000700040044-9 January 27, 1975 CONGRESSIONAL RECORD?SENATE cal surveillance, wiretaps and break-lus di- rected at CIA personnel suspected of security .leees and, in a few cases. those who were thought to be receiving the informmtion. In Colby's opinion. and that a his irnmedi, ate. predeceeaor, Defense Secretary James R. Schlesinger, the CIA, in thie period, may have overstepped the strict limits of Its charter. The various seta have been labelled as "'regrettable" or "Inappropriate" or?in the case of Colby?the result a "a minces. ception oZ the extent of tha CIA's authority." Plchard Helms, who V739 CIA director during 17103t Of the period of anti-war fervor, stoutly denies any impropriety on his part. The dif- ference in judg-meat redacts more than any- thLeg else the change- in climate irt the last two years. But surely a large-part of the problem lies In the ambiguity of the charter of the CIA, written by Congress in. 1947. In. setting up the agency, Congress ruled that it should have- no "police, subpoena, law enforcement powers or internal security functions" with- in the United States--thle area being strictly reserved to the long-established PBX How realistic and workable this- prohltd- tion 17/N3 is sharply illustrated by the events under investigation. Despit& the prohibition against domestic spying, the director of the CIA was also made "responsible for protect- ing Intelligence. sources and methods from unarrthorized disclosure:" He was also in- structed by Congreee to "perform such other functions and duties relating to intelligence affecting the national security asethe Na- tional Security Council may from tirne? to time direct." Between: them, it ca-bet argued that the ae dfrectives provide ample justifies- _tion for the actleities being denounced as "illegal." And the evidence la. reaeo? "%ably clear that a nuriber of former lieve.d this was indeed the case. Clearly, the ell-et objective. of the current Investigations must be to spell out more clearly the rules -ander which the. CIA--and other intelligence agenclea as well?are sup- posed to function_ If all domestic counter- os-ptonage is to be more severely restricted? as seems to be the mood of the liberal major- ity--Congrese will also have to figure out b.ow the CIA la to protect its "sources and meth- ods from unauthorized disclosure." One ob- vious way, of course, would be pass a law malting it a crime for former CIA agente to write books. But this would- not solve the large, r problet of trying to separate doMestin eaad foreign intelligence into neatly sepata operations. ? Mr. STENNIS. Mr. President, how much time do I have remaining out of .ms 20 minutes? The PRESIDING OFF/CER (Mr. Doisi=c1). The Senator has 2 minutes remaining. Mr. TOWER. Mr. President, I yield I() additional minutes to the Senator frora Mississippi. - Mr. STENNIS. As I understand, that will Ieeve me 12 minutes. Mr. President, may we have order? The PRESIDING OFFICER. The Sen- ate, will be in order. Mr. STENNIS. Mr. President, my main plea today is for the protection of for- eign intelligence and intelligence sources. I think all other matters do not add up, in the range of importance with the CIA's operations, to compare with this collection of foreign intelligence. I appreciate very much the sentiments expressed on the iloor of the Senate as to the necessity for CIA and other intel- ligence agginelegn lonteihAa t shared b".V.AbWW?MaE.Mk. stood, either, by all the people. There is a great deal of asentim.e.nt, even under- standing sentiment, that would question the necessity for the CIA, or tlae pro- priety of having it. Another thing, Mr. Pre.sident, is that this is not a political issue, and CIA is not a political agency of any kind. It serves one President after another, as they come. It makes no difference which party that President belongs to a_nd has nothing to do, with political matters. Primarily, CIA is a Government agency collecting foreign Intelligence of the most highly sensitive nature. To be effective, it must be secret. If intelligence facts are disclosed, they of ten lose all of their value. If an adversary merely infers that we have certain in- telligence, of ten it. is no longer of value. An illustratioxi would be wort on. a . code. The purpose of gathering inte_lligence Is to learn intentions and capabilities. The first extensive foreign. intelligence act ever passed by the Congress Was in 1947. Ca:led the CIA, it has come a long, long way in the past 26 Years. For il- lustration, we no longer argue about a missile gap, or a "bomber gap- .. Iii the broad and essential fields, the CIA has done an extensive and effective job in dealing,. with enemy capabilities and intentions. ? Y, As we go through investigations, let us keep in mind the dangers from. expo- sexes. Exposures can be 3. matter of life and death to Americans abroad 3s well as friendly fereigners. This opinion_ is strongly shared by many highly respected persons, Including Director Colby, who have been a part. of the operations and know the facts first-hand. Friendly gov- ernments and friendly foreigners will greatly reduce, if not terminate their co- operation arid assistance. They already have. The information flow has been greatly reduced. Our relations with other nations have been strained. Exposure of sensitive facts through hearings, through pressures, through staff members, or through other sources, regardless of the good intentions of the actors, conies at a. price we cannot bear. . In a. time of nuclear weapons, with the power to deliver warheads on target from continent to continent, we must have re- sponsible information from many foreign sources. Further, our shipe Ett sea, our military manpower scattered throughout the world in support- of many conarnit- ments voluntarily made, are all in need of the fruit of intelligenee gathered around the world. The President, all Presidents, have to have this worldwide intelligence in for- mulating foreign policies, including trade :Ind other economic policies formulated with natiOns around the world. Intelligence comes from several sources, but much of it comes from our CIA agents abroad. In my travels, I have found them to be excellent men, capable and loyal, with a steady stream of highly valuable and responsible information. They seldom get credit for anything. They often get blamed?but by and S 973 men; to tell theut they are appreciated. . and to ask them to carry on under highly adverse conditions. . From some of this intelligence, we make decisions in the Congress as to military weaponry. We often save great .sums of money, because this intelligence lets us know what. weapons to avoid .building as well as what weapons are most probably needed:. Without. the in.- telligence gained under the CIA direc- tion, we would not have known of- the missiles in Cuba until they were actually fully installed and we were directly un- der the gun. Indeed, U.S. intelligence, on which the - CIA sits at the top, has come a long way over the past ? two decades. We have reached.the point where the SALT agree- ment is possible, becatse we can. now verify what they have in. being. A num- ber of other treaties have also been pos- sible, because of ourvertification process. 1 Under Director Colby, I feel that the CIA is now operating in. a fine way, en- ? tirely within the law. I shall do-nay? part in keeping it that way. ? The organic act creating the CIA needs some amendments which tighten up- the present law. Our committee has given some major amendments which I intro- - &iced in late 1973, special attention in. 1974. I. a.ssisted Senator Prioicinax with a similar major amendment offered. by him to the military authorization _bill._ I? t ? passed the Senate with my active sup- port and we made a strong effort. at. the conference in behalf a the amend- ment. It finally lost et conference be- cause- it was not gerinane, but the con- . ferees for the House supported the idea of bearings which the House has started... We shall continue our efforts on that amendment and others.. ? We may have certain. intelligence of great velue to us. But.if It is known to our adversaries that we- have it, or if they suspect thats we- it, then it. turns to ashes in our handa and is of UG value- whatsoever. ? ._ - ? _ Illustration: Hundreds of millions. of . dollarsinvested in electronic devices can become- valueless overnight if it be- comes known we have such deviceS._ Our committee shall continue to exer- cise conunittee jurisdiction on legisla- tion regarding the CIA, and also exer- cise smweillance over its operations, and such other activities connected therewith as may he-necessary. We shall continue to have the Senator from Montana (Mr. MANSFIZLD) ? and the Senator from Pennsylvania (Mr. Scorrge the Democratic and Republican floor leaders and hence representing all of the Senators, invited to all of our meet- ings regarding the surveillance of the CIA. I have discussed this with the,Sena- tor from Montana on last Thursday and he expects to attend. The Senator from Pennsylvania attended our session Thursday. . The CIA, of course must operate within the law, but I want to emphasize to all of my colleagues and to the American people that foreign intelligence supplied large, they continue to carry on. by the CIA is absolutely necessary for out latitbagaef42.114fArlytNA1307 8biko-cixtt tgterereftelfsr, niciltuad- S 974 ? coNGffamm. RECORD-SENATE Januar, 27, 1975 ? Approvd e For Release 03 ? CIA- 00400 4-9 services, both those in civilian and mili- such ernployeet o r r po:son will be even accDP83B00823R000 ess be misun.ders . There have been a lot ? tary positions. In modem times this in- by the select conunittee. of mistakes and they have to be cot- formation is not merely needed, it is es- As determined by the committee. -reeted. But we are not out to destroy sential. After all who Is going to make this intelligence-gathering. Therefore, someone has to stand up for the CIA through foul as well as fair weather, and make hard decisions and take firm stands, whether popular at the time or not. I have done that and Propose to do just that in the future. I shall not shirk this duty. This does not at all mean that I pro- pose to operate a duplicate or rival in- vestigation with any select committee. I will make no attempt to do that, but I will carry out the purpose, as I have briefly outlined it here. I thank the Senator from Texas for yielding this time to me. The PRESIDING OFFICER. Who yields time? Mr. TOWER. Mr. President, I thank the distinguished Senator from Mis- sissippi for his cogent remarks. I think it would be appropriate for me to thank him at this time for the splendid leadership he has shown in the Committee on Armed Services. In fact, on numerous occasions, we have looked in depth at some activities of the CIA ? and it has not been generally known that we have. I think the Senator from Mississippi has always measured up te his responsibility in the highest tradi- tion of the Senate. Mr. President, may I inquire how much time I have left? The PRESIDING OrteuCER. The Senator has 15 minutes remaining. Mr. TOWER. Mr. President, I send to the desk an amendment and ask that it be stated. The PRESIDING OreiCER. The clerk will state the amendment. Mr. TOWER. May I call to the at- tention of my friend from Rhode Island that I have now offered the amendment. The legislative clerk read as follows: At the end o1 the resolution add a new section as follows: "No employee of the select committee or any person engaged by contract or other- wise to perform services for the select com- mittee shall be given access to any clas- sified information by the select committee unless such employee or person has received an appropriate security clearance. The type of security clearance to be required in the case of any such employee or person shall be commensurate With the sensitivity of the classified information to which such em- ployee or person will be given access by the select committee." Mr. TOWER. Mr. President, the amendment is somewhat self-explana- tory. However, I think we should make some legislative history on it. What is contemplated here is the type of Q clear- ance which is administered by the -Atomic Energy Commission and which the Senator from Rhode Island is so well familiar with. I should like the Senator from Rhode Island to comment on it at this time if he would. ? ? . Mr. PASTORE. I have no objection to the amenchnent provided I get a fur- ther explanation of the last sentence: - The type of sechrity clearance to be re- quired in the case of any such employee or .person shall be commensurate with the sen- sitivity of the classified information to which determination? We are not going to have a debate by the members of the commit- tee every time we get to a point where this would apply. I am all for preserving the classification; the Senator from Texas knows that I am all for his amend- ment, the spirit of it, the intention, the objective of it. But I think we should make clear that the determination ought to be on the part of the committee. When it says "sensitivity of the classi- fied information," who is going to deter- mine whether it is sensitive or not? Vcre have to say here "the type of security clearance to be required in the case of any such employee or person shall, with- in the determination of the committee, be commensurate with the sensitivity," and so on. ? Mr. TOWER.. I should be glad to ac- cept that as a modification by the Sena- tor from Rhode Island. ? Mr. PASTORE. That is what I want. / want the determination to be made by the committee, if we can work out that language. Mr. TOWER. That suits me splendidly. As a matter of fact, if the Senator will read that language again, I think that would be a suitable modification. Mr. PASTORE. The type of security clearance to be required in the case of any such employee or person shall, with- in the discretion of the committee itself, be commensurate with the sensitivity of the classified information to which such employee or person will be given access to the select- committee. ? Mr. TOWER. I will accept that lan- guage as a modification by the Senator ..from Rhode Island. The PRESIDING satoriCEIt. The amendment will be so modified. Will the Senator send the modification to the desk? ? The amendment, as modified, is as follows: ? No employee of the select committee or person engaged by contract or otherwise to perform services for the select committee shall be given access to any classified infor- mation by the select committee unless such employee or person has received an appro- priate security clearance as determined by the Select Committee. The type of security clearance to be required in. the case of any such employee or person shall within the from Tennessee. determination of the Select Committee be Mr. BAKER. Will the Senator from commensurate with the sensitivity of the Texas reassure me that by setting up classified information to which such. era, those requirements for classification, we ployee or person will be given access by the -- select committee. are not setting up within the committee ? layers of access and levels of access to in- formation that will be available to the ? committee? What I have in mind is the possibility that the committee may de- cide that there is a requirement for secu- rity beyond even the requirements ter Q clearance, a kind of "eyes only" classi- fication, and have someone say to Ho- ward Baker, that he can read those 8.- 000 pages, but his staff man does not have that clearance. Now, can the Senator assure me that nothing that is contained in this amend-- rn. ent will in any way deprive any Mem- ber of access, and his staff, if otherwise properly cleared? - I remember one time when / was sent by President Kennedy to Moscow to wit- ness the signing of the Nuclear Test Ban Treaty. I was sitting on the porch of the Embassy, together with Dean Rusk. at the time, and we were talking about a lot of measures. Finally, the Ambassador came out and said, "I suggest you two genElemen take a walk and do your talk- ing because this place is bugged." "This -place is bugged." Now, that is what the Russians are doing to us. As 'a matter of fact, they did it right down there at the United Nations. They had a bug, I think, under the American seal. We all remember that. Let us face it: We are in a critical world where we are being spied upon and, in order to know what they are doing, we have to spy on them. There is no question about that. But that has nothing to do with many of these charges that have been made. Nobody is out to destroy the CIA. Let us get an understanding on this. No one is out to destroy military intelligence. No one is out to destroy the F131. Let us make it all clear. On the other hand, this is an open society. All we are saying is that there are some things that have been wrong, and under the pretext of either national security or secrecy, private rights are be- ing violated unnecessarily. That is all we are trying to eliminate. That is all we are trying to do. It is as simple as all that. I am perfectly willing to ? accept this amendment with that modification. Mr. TOWER. The modification has been accepted. The amendment has been so modified. I might say one other thing. I think this is partially for the committee's pro- tection. If we did not require clearance of some sort. it is not impossible that an alien intelligence organization could -penetrate the committee by inserting one of its people on the committee staff. Sc I think we would want that kind of protec- tion, because I do not think the commit- tee would ever want to be embarrassed by finding, having failed to require any kind of clearance, that their staff had been penetrated. Mr. BAKER. Will the Senator yield? Mr. TOWER. I yield to the Senator Mr. TOWER. What is contemplated here is a simple type of Q clearance which is ordinarily required of Senate employees. ? Mr. PASTORE. I realize that. Every member of the staff of the Joint Com- mittee on Atomic Energy has Q clear- ance and has to have it. I think in this particular case, where vie are dealing with classified information, covert ac-. tivities abroad and domestically, I think we have to have reliable people. We just cannot afford to take a chance. Now, I am all for this study and this investigation. I repeat, I do not want to Approved For Release 2000/09/03 : CIA-RDP83600823R00070004.0044-9 ? Approved For Release 2000/09/03 : CIA-RDP83600823R000700040044-9 January 27, 1975 CONGRESSIONAL RECORD-SENATE S 975 - . Mr. TOWER. I do not perceive that it ? or effectively, of any information that would. In other words, for the protection comes before this committee. If there of the staff? - are 10,009 pages of classified material, I - Mr. BAKER. What does the Senator cannot read it, and the Senator cannot mean, he does not perceive that it would? either, or it is In:likely that he is going Is it his opinion that it would or would to be able to. not? I think I have that assurance. If the Mr. TOWER. It is my opinion that it . Senator from Texas will express his un- - would not. derstanding that this will not be used as Mr. BAKER. Does the Senator wish a device to deprive any of us of informa- that to be included as part of the legis- tion, then I am perfectly pleased with it lative history? Mr. TOWER. It was the intention of Mr. TOWER. As a matter of fact, the the Senator from Texas to establish what committee itself will determine. he thinks is the minimum requirement - Mr. BAKER. Dees he wish it to be a that we can establish; that is, some sort part of the legislative history of this of clearance for people. I noted a moment amendment that it is not his under- ago that it is conceivable that if we re- standing or intention as the author of quired nothing, the committee staff- this amendment to create that situation? could be penetrated by an alien Mr. TOW tat. It is not my intention gence-gathering organization. I think to create that situation. this would be particularly true of clerical Mr. BAKER.. And it is not his belief help. that that will occur? I think that the professional staff that Mr. TOWER. It is not my belief that is likely to be engaged will probably be it will. occur. But it is my intention that people who will have no difficulty getting we should not have people on the staff any kind of clearance they need. It is not who would be security risks. ? my intention to proscribe or tn hobble Mr. BAKER. We all share that con- the action of any Senator on the corn- cern. Let us very much hope we succeed mittee. - in keeping leaks from occurring alto.. Mr. BAKER. Whose authority will be gether. I assure the Senator that this required to gain the clearance, that of will be the case as far as this Senator is the full committee or the chairman and concerned. But as far as I am concerned, vice chairman? I cannot in good conscience see the Mr. PASTORE. By vote of the corn- adoption of an amendment that ? will mittee. make part of this committee privy to Mr. TOWER. I should say the commit.: highly sensitive ma.terial while other tee has to meet and make its ground parts of the committee, though legally, rules-pursuant to the guidelines laid down as a practical matter might be deprived here. of that information. Mr. BAKER. Is that the Senator's Mr. PASTORE. Will the Senator ex- intention? he receives. It would be up to the Senator - in question to decide whether he was violating the =lei of the Senate if he was on the committee and at the same time discussed any matter with somebody who did not have the proper clearance. - Am I correct in that? Mr. BAKER. Absolutely. Mr. PASTORE. That is right. No one disputes that. Mr. STENNIS. Mr. President, will the. Senator yield for: a question? Mr. PASTORE. Yes. ? ? Mr. STENNIS. I believe the Senator from Missouri was talking about some- one? who was not on the committee staff. . would not think that anyone who was not responsible to the committee would have access to this information. Mr, PASTORE. Oh, no? Mr.? e Mr. SYMINGTON. May r/ say in an- - swer to my able friend, the Senator from -Mississippi, I was discussing this matter with the distinguished senior Senator from Tennessee on the basis of his staff; - and the Senator is entirely correct, and - if he is on the committee?and I read he ? was on the conunittee?then it would be - his problem to see that the people on his . staff were cleared to receive the informa,- - - tion on the basis of their clearance, and ? did not receive it ii. they did not have _ adequate clearance. : " . te? ? Mr. PASTORE. Provided they got the ? permission of the committee. ? ? Mr. STENNIS. It would be a commit- tee responsibility. ? ' " Mr. PASTORE. That is why I am writ- ing there "by the determination of the committee." Mr. BAKER. I entirely agree with that. plain that again? . Mr. TOWER. That is my intention. Does the Senator from Texas? - ? . Mr. BT PR. Yes. Assume for a mo- Mr. PASTORE. May we have the Mr. TOevaIt. The determination is to ment that - the committee, in its dis- amendment read again? be made by the committee, that is the . ? cretion, according to the amendm difference. ?ent Mr. BAKER. And it, can be made for that the Senator from Rhode Island pro- security classification for personal staff posed and Senator TONVER accepted, as well as staff? adopts some classification beyond, say, Mr. TOWEkt,. Not for personal staff. I - a Q clearance. We all know there are think for any information that the Sen- some classifications beyond a Q clear- ator gives to his personal staff, he has ence. Suppose the Senator's personal the personal responsibility to determine staff or select committee staff comes to whether that staff member has an ade- him and says, "I cannot gain access to quate clearance. My own personal policy Mr. BAKER. Mr. President, one fur- ther question, if I may: It has been neces- sary, in my experience, to enlist one's personal staff, legislative assistant, or anyone else, to help in a compilation or ordering of the information at hand. I fully agree that then they should be re- quired to have whatever clearance is required and be fully investigated. But I hope there is nothing in this amend- ment that would prevent an application is that nobody handles claasided docu- f or clearance of personal staff, and that ments on my staff unless they? have on obtaining ,that clearance, they would, clearance. . in fact, be subject to the same rules as Mr. BAKER. That is the essence of my - committee staff. question. The answer to the Question to Mr. PASTORE. That is correct. We do the Senator from Texas is? . that on the joint committee now. The Mr. PASTORE. We are confusing a ' e? t - t it plain. No that last communication Director Colby sent to us because the committee says we have to have an XQI clearance as well as a Q clearance." I want to be sure that I, as a member of the committee, or anyone else as a member of the corn- mite, will not be thus deprived of ac- cess to any information. that comes be- u. fore that committee. Senator from Missotui has had members 7 P Mr. PASTORE. His amendment only of his staff who have Q clearance look one can .look at classified information has to do with staff members. The Sena- at some of our classified information, unless they have clearance:. - tor is saying he does not want to be They are entitled to do it, with the per- Mr. TOWER Right. deprived. If a member of his staff or mission of the committee itself. Mr. PASTORE. If a personal staff - o anyone on that staff that he may be re- Every 'person who looks at classified f any member of the commit- member e sponstble for the .committee engaging information has to be cleared. We should te has that clearance, he or she can be ? does not get the clearance from the corn- be clear about that. entitled to that classified information. mittee that he must have; he cannotonly if the committee gives permission. get Mr. SYMINGTON. Mr. President, will Mr. BAR. Mr. President,. that is my the, information. . the Senator yield? , There is nothing wrong with that, be- Mr. TOWER. I yield to the Senator understanding. . Mr. PASTORE. That is the rule of thP cause he is the one who determined that from Missouri. not get it. Mr. SY Joint Committee on Atomic Energy now. he ;...eold NLINGTON. I thank my able Mr. BAKER. Mr. President, as long friend from Texas. I cannot say it more clearly than that. as I am assured, which is the only thing As I understand it, whoever is cleared, Mr. BAKER. Is that correct? - I sought, that the concern that I ex- whether he be on the staff or off the Mr. TOWER. That is correct, and the pre5se1 was not the. intention of the staff, is cleared for the information. He policy will. be set by the committee, I see author of t isned. I do AlfrOgettriVVItOstliVekifia :cZtatiltialgbaliati400 0 WhirobiTiM of the com-- 1149factorily. gRID8INPA812RCM?7?Ta4n9Pat117,1/975, ? S 9.76 Approved For RelemaKRER: The PRF.ZIOING OFFICER. The time of the Senator from Texas has exPired. The Senator from Rhode Island has 32 minutes. Mr. PASTORE. I think we ought to get this amendment clarified further. Mr. MANSFIELD. Mr. President, will the Senator yield? Mr. PASTORE. I yield. Mr. raLaNSFIFT,11. I understand,- Mr. President, after listening to this debate, that it is the Senate select committee, if there is one approved by the Senate, Which has the final determination as to who shall have access to What informa- tion; is that correct? Mr. PASTORE. That is correct. Mr. MANSFIELD. No executive agency shall determine directly or indirectly who shall have access to information. Mn PASTORE. That is correct. And I cannot be more explicit than that. I would like to have the amendment read. The PRESIDING OteetiCER. The clerk will read the amendment ? . The legislative clerk read as follows: At the end a the resolution add a new sec- tion so olio w s : "No employee of the select committee or any person engaged by contract or otherwise to perform services for the select committee shall be given access to any classified in-' formation by the select committee unless such employee or person has received an appropriate security clearance as determined by the select committee. The type of secu- rity clearz.nce to be required in the case of any such employee or person shall within the da termination. of the select committee be commensurate with the sensitivity of the classified information to which such em- ployee or person will be given access by the select committee," The PRESIDL.NG 'ICER. The Sen- ator from Rhode Island has .30 minutes remaining. Mr. CRANSTON. Mr. President, will the Senator yield? Mr. PASTORE. I yield. Mr. CRANSTON. The Senator from Rhode Island, I think, has performed a very useful service in making plain-that the second part of this ainend.ment is finally in hand for decisionmaking pur- poses of the committee. Mr. PASTORE. That is correct. Mr. CRANSTON. ? But the first part creates a similar problem. Mr. PASTORE. No, he added the words for the first part, too; right at the end of the first sentence he added the words "within the determination of the select committee." CRANSTON. I have a somewhat similar question to ask; it is similar in its implication, and I perhaps .need the help of the Senator in figuring out what to do about it.. 1,Vitii respect to the words "unless such e7nployee or person has received an ap- propnatte. security clearance," who gives securitY clearance? Mr. PASTORE. Usually by the FBI end. all .)i.lner sensitive agencies of Gov- erarneut. That is the way they do it now. Mr. CRANSTON. The question I ask is, how do you prevent. and just make certain, that there is no abuse of this to zero, but they might improperly with- hold or delay security clearances. Mn PASTORE. The Senator from Montana just, asked the question and I answered it. It is not up to any agency executive; it is up to the committee. Mr. CRANSTON. Who is going to give clearances, the committee or the execu- tive? Mr. PASTORE. The committee is going to determine whether the clearance is adequate and suMcient. Mn CRANSTON. If a staff person that the committee wishes to use is denied clearance by the executive branch can the committee override and decide they are going to hire that. person? Mr. PASTORE. Well, in an extreme case, I would have to answer the Senator in the affirmative, but I mean, after all, I do not anticipate that. I do not antici- pate that trouble. - Mr. CRANSTON. I did not anticipate it generally. I think we might anticipate it in regard to certain individesee who might render invaluable service to the committee but who might be preferred not to be on that committee staff by one or another of the agencies we are talking about. Mr. PASTORE. Is the Senator saying to me if for some caa)ricious motive some executive department refused to grant a clearance, the question would arise. would that put that individual out of - commission? Mr. CRANSTON:? Yes. Mr. PASTORE. The saewer is no. The answer is it is up to the committee to make the determination. ? Mr. CRANSTON. That. is fine. I thank the Senator. . . ? Mr. PASTORE. OK. Does P.ny other Senator wish to speak before we vote? Mr. BAKER. Mr. President, I .ant happy to have this opportunity to express my support for Senate Resolution 21, legislation establishing a Senate Select Committee on Intelligence Oversight. As an original cosponsor of the resolu- tion offered by Senators Meeesamee and MATHIAS, and as a strong supporter of this legislation offered by Senator PAS- TORE, I believe this resolution to set in motion a responsible study of the intelli- gence activities carried out by or for the United States is of tremendous impor- tance. Le supporting the creation of a select committee, as in sponsoring legislation to establish a permanent Joint Commit- tee on Intelligence Oversight, let me em- phasize that it is not my intention to criticize the distinguished chairmen of the Armed Services Committee or the Ap- propriations Committee, or the ranking minority members of those committees. They have done an admirable job in carrying out the diverse duties and re- sponsibilities of leadership on those com- mittees. In my view, however, the far- reaching operations of the some 60 Gov- ernment agencies which conduct an in- telligence or law enforcement function demand the careful scrutiny of a select committee created for that purpose and charged with that responsibility. by the executive branch? They would Some have argued that Congress can- Government. not, I assume, try to hold down the stair not be trusted to participate in the crit- I have no quarrel with the CLI. I cer- Approved For Release 2000/09/03 : CIA-RDp83B00823R090700040044-9. ical and terribly secret operations of the. Intelligence community. They cite the fact that Washington has become known as a city of leeee I suggest, though, that critics are losing sight of the explicit con- fidence in which Congress has dealt with national security agencies of the highest order in the Past. In our past national conflicts, during - World War I, World War II, the Korean war, and the war in Vietnam, the rule has been eonfidentiality\ where required. I am proud to serve on the Joint Com- mittee on Atomic Energy, a committee which is so alaly chaired by the sponsor of Senate Resolution 21,, Senator Res- Toes. I believe I am correct. ia saying that, in more than a quarter century, there has never been a security leak from the Joint Coiranittee, which daily deals with what are perhaps the most sensi- tive materials in the entire annals of the defense establishment. It is evident, then, that ample precedent exists for congressional participation. in such, a sensitive area. I am not impressed by those who contend that Congress is not. to be trusted with the truth. A balance must always be made be- tween the requirements of a. democracy' for public knowledge, and the require- ments of its security and defense. When a doubt arises, the people's branch of Government must be privy to those re- quirements and the pertinent informa- tion required to make a balancing judg- ment. ? They outcome of the select committee inquiry, obviously, cennot be foreseen. I pledge my personal efforts, just as I - know the other members of the select committee will dedicate their efforts, to seeing that our job is done thoroughly and that we follow the facts wherever they lead without fear or favor. This res- olution charters neither a. whitewash nor a witch hunt; it does establish a select committee to carry out a sensitive mis- sion as fairly and as even haatiedly as. possible. It is not my intention to carry out a vendetta agninst the Central Intelligence. agency, or against any established intel- ligence agency of our Government. I be- lieve that the CIA? the FBI, and other agencies are necessary to the security- of our national institutions when they per- form their proper functions. Serious allegations have been made, ' however, and it. is the responsibility of the Congress to weigh the charges, find the facts, and determine what rereedial ac- tion, if any, is necessary to make sure that an effective intelligence program is maintained without endangering the rights of our citizens. Tar. President, I shall not detain the Senate long. Everything has been said which should be said, I believe. I am pleased and I am gratified and eQ.thusi- astic about the action that I believe the Senate is about to take. I think that it si,?-niifles diligence and sensitivity and the recognition of a necessary national pur- pose. It spei,k well of the viability of this group as a great deliberative body in support of the executive branch of ga.nttani Appmed For RedeauR1006:11M103RICURIRDMIBOCE823R000700040044-9S 977 tainly have no quarrel with the Senate Armed Services Committee or its distin- guished chairman. This resolution, how- ever, is drafted so that it extends far be- yond the CIA, to the entire intelligence apparatus of this country. Some of my colleagues may be interested to know there are 60 agencies of the U.S. Gov- ernment that conduct some sort of intele ligence or law enforcement responsibility. There are 16 agencies of the Government conducting intelligence operations other than the CIA and the DIA, Defense In. telligence Agency, arid the FBI, which have a combined budget. of over a billion dollars a year. The intelligence of the Federal Government. is an. enormous business. I became concerned about this matter in the course of . Watergate. The stories which have appeared in the press and been related by others to me since that time have done nothing to .allaye that concern. It is important, I believe; that we haee a thoroughgoing investigation to determine whether or not the agencies Involved in the intelligence activities of the Government are complying with the requirements of the law. . ? . n But maybe?Just maybe; Mr. Presi- dent?there is one other thing that we need to do to reassure not only Congress` but the people of this country, and that is to make sure that the intelligencecom- murine and, of -course, to some extent the laW enforcement community, is. un- der somebody's control. They are not au- tonomous entities within a representa- tive democracy; as I am sometimes tempted to suspect... ? We are not talking about a. Republican national administration or a Democratic. I rather suspect that Some of the prac- tices that we see discussed in the public forum began a long time ago, and maybe included activities going all the way back, possibly, to the Eisenhower administra- tion, the Kennedy administration, and the Johnson administration. I think; Mr. President, one of the major undertakings of this committee ought to be to talk to the last surviving ex-President we have ? and to examine the records that are available to us to determine whether or not the President of the United States knows what Is going on in the CIA, the DIA, and the FBI. I want to be reassured in that respect, and I confess I am. not now. I suppose we would run into the. ,questions of. our friendly adversaries on executive privi- lege and executive powers with respect to those Presidential powers. I know for- mer President Harry Truman declined to grant certain information after he left office, but I think we ought to try. We ought to find out not whether the CIA, for Instance, was engaged in domestic surveillance, but whether somebody was running the show. I know Congress was not running the show; and I want to be relieved of that shuddering fear I have that the White House was not, either. So I pledge, if I am a member of this committee, that I will conduct it as dis- creetly and privately as I can commen- surate with my responsibility. ? I pledge, as well, that the public's right to know is second only to national sur- vival, and that when we are finished with the private portion of these hearings there will be a public disclosure-, a public declaration including the good and bad, recent and in the past. It is a terrible time we are in. We have not hid a President who has completed his term, in a sense, since President Ei- senhower. These are turbulent times when we have set about the business of investigating ourselves to the point where sometimes I think we are devouring our public officials, mu: leaders. When I permit myself the luxury of thinking that, sometimes it also dawns on me that the investigation has been pretty productive, and we have got to do this one, too, not because we are bent on politica canrdbalism, but because it has to be done, I believe, Mr. President, that it will be done, and done effectively. . ? I pledge my efforts in that respect and I serve notice, as well, that I will de- vote every ounce of my energy- to seeing that we find all the facts and pursue them, wherever they lead us. . - It is far too late in my political career to worry about whom I might hurt or who might be injured. Mr. HATFIELD Mr President, will the - Senator, yield? Mn PASTORE. Have we voted on the amendment? The PRESIDING OFFICER. The ques- tion is on -agreeing to the amendment of the Senator from Texas, as modified by the Senator from Rhode Island.. 'The amendment was agreed to. Mr. TOWER. Mr. President, will the Senator from Rhode Island yield to me? Mr. PASTORE. How much time will the Senator require? Mr. TOWER. A couple of minutes. Mr. PASTORE. AU right. Mr. TOWER. Since I have run out of time. Mr. PASTORE. OK. Mr. TOWER. I have an amendment here which I will either offer or not offer. It is copied directly out of the resolution that authorized the select committee for the Watergate investigation. It simply says: The minority members of the select com- mittee shall have one-third of the profes- sional staff of the select co-qmittee (includ- ing a Minority counsel) and such part of the clerical staff as may be adequate. Mr. PASTORE. Why not leave that to the committee? think? Mr. TOWER. The Senate resolution re- quires 30 percent, I believe. Mr. PASTORE. Yes. Mr. TOWER. If the Senator from Rhode Island will simply assure ma the minority will get adequate staffing? Mr. PASTORE. It will be up to the committee itself. I will not have any au- thority over the committee. Mr. TOWER. I think an undertaking by this side of the aisle would be honored by the majority on the committee. Mr. PASTORE. All right, so I under- Mr. HATFIELD. Mr. President, will the Senator yield? Mr. PASTORE. I yield to the Senator. Mr. HA eriaLD. Mr. President, I send an amendment to the desk and ask for its immediate consideration. The PRESIDING OFFICER. The amendment will be stated. The legislative clerk read as follows: At the end of the resolution add a new sec- tion as follows: SEC. 7. As a condition for employment as described in Section 3 of this Resolution, each person shall agree not ta accept any honorarium, royalty or other payment for a speaking engagement, magazine article, book, or other endeavor connected with the investi- gation and study undertaken by this Com- mittee. - _ Mr. PASTORE. I will accept- this amendment, Mr. President. - The PRESIDING OrneiCER. The ques- tion is on agreeing to the amendment of the Senator from Oregon. e _ The amendment was agreed to. HATFIELD Mr. President, I send. up another amendment for the purpose . of colloquy. - The PRESIDING OPieiCER. The amendment will be stated. - The assistant legislative clerk read as _ follows: On Page 4, line 4, insert after the word "agency" the following: "or any Committee or Subcom-rtittee of the Congress." On Page 5, line 13, insert after the word "agencies" the following: "or any Commit- tees or Subcommittees of the Congress" Mr. ITAlt,L,_,LD. Mr. President, I would like to ask the Senator from Rhode Island a question because I may with- draw the amendment after I have the record Made on the problem that ,con-' corns me so greatly. - _ As a member of the Rules Commit- tee, I am aware that we have brought before in the requests f roan various Com- mittees and subcommittees in. tire Senate for the budget to operate that committee. The Internal ,Security Subcommittee of the Committee on the Judiciary, dur- ing the presentation of their budget re- quest on February 27, 1974, indicated that they kept records on various people in this country which they gathered through intelligence activity. They had flies, names of people that could be con- sidered as suspicious, and other such characteristics as they indicated to our committee. . _ My only point Is that I realize that this Is not a matter, of one Senate committee investigating other subcommittees or committees where we have the word "investigation" on page 2 of our resolu- tion today, however, we have some vari- ous generalities as to what this commit- tee's authority may include. A prime responsibility is that It can look into, of course, any agency which is carrying out intelligence or surveillance activities on behalf of any agency of the Federal Government, I would like to ask the Senator from Rhode Island if he considers that the language is broad enough, on page 2, lines 8 and 9, to include the reviewing of I pledge that we will be careful to - take it. the activities of the Internal Security preserve our legitimate intelligence in- Mr. TOWER. I thank my friend from Subcommittee of the Committee on the terests. Rhode_ leleeed. Jiedeciik _of_ the U.S. Senate as it might Approved For Release 2000/09/03 : CIA-RDP8360082 000700040044-9 . Approved For Release 2000/09/03 ..CIMBRg3B9RWR0007000400444 4 CONORESSIONAL S 978 relate to sueveW.ance activities or gather- "(18) new legtslatlon or an ing of intelligence. be enacted to strengthen the nattonal seen- amendment to any existing legislate= should so determine. I do not see how that is rity, intelligence or surveillance activities of the Matted States." Mr. PASTORE. Well, I mean, if they apt to happen. The House already dis- banded that committee. I hope we do it Mn BARTLETT. Mr. President, the here in the Senate, as well. But this is amendment adds to section 2, beginning a far-reaching authority, on page 3, one more paragraph, to insure If they so choose to do it, I would say that the Senate further expressly auth- that they could, but I would not want to orizes and directs the select committee to amend the present resolution as it now make a complete investigation with re- stands.spect to the following matters, or ques- Mr HATFIELD. Would the Senator tons. It adds the question of whether there needs to be any bill introduced or ? have any objections to the latitude aria scope of this committee being interpreted any amendment to strengthen the na to include some review or investigation tonal security', intelligence or surveil- is classified. of activities of the Internal Security Sub- lance activities of the United States. . Mr. TOWER. May I say to the Senator committee, to see how it is collecting - I am aware, as the Senator from Rhode e from California I believe we have alreaat: data? Island knows, that section 4 on page 10 Mr. PASTORE. Well. if they have don of the bill authorizes the select commit- answered that question. It would be u things as bad as the CIA or PBL if it is tee to recommend the enac to the committee to determine what kit'tment of any of clearance is required. That will be : so determined, I do not see why any new legislation or the amendment of any internal housekeeping -matter for : Senate committee should be immune. existing statute which it considers n.eces- 1 mean, we have got to treat ourselves sary for these pu committee. But the guidelines. shouldrposes. laid down. I believe the?comnaittee wo as we expect to treat everybody else. . But I want to be assured that the ques- Mr. 13AT7a.LD. Mr. President, I am tion will be answered by the committee, want to be protected. I mentioned. worst case theory awhile ago that . very happy to hear the Senator say this, and to know that in case there was no ps a foreign. intelligence-gathe because it would seem to me U we are forthcoming legislation that there would ha organization, in the absence of any basically concerned about the abridge- be a definite and definitive answer as to telLig,ence clearing on our part, c merit of civil rights of our citizens whether this question had been reviewed' insert one of its people- into our corn,. through the action of gathering 4ntel- and answered by the committee in its " tee staff and actually penetrate the , ligence,. and so forth, of executive eget).- recommendation. rnittee. That would be of conside- cies, we should be doubly concerned Mr. PASTORE. I would suppose so; embarrassment to the committee.. about the procedures used by one of our otherwise this whole investigation would ben under whose sponsorship that. own subcommittees of the 'U.S. Senate. be a nullity. son was. I think we should have * 1, for one, am not satisfied with the In other wo d rds, U nothing was found answers I received from the chief clerk and nothing was wrong, and naturally, protection_ of that subcommittee as he appeared of course, they had given a bill of en- In addition to that fact, the Count - before our Rules Committee. . dorsement, we would have to change should have that protection. I believe o have a public resia ortsibili ty to make sur. I would like to think it is understood nothing by legislation. that the people that we put in these stat ? that the resolution certainly carries with On the other hand, if certain authority it enough authority for that committee was exceeded or the agencies went be- positions are going to be people whoa-. under this resolution to look into these Yond the parametere of the present char- sense of discretion and loyalty are be- - activities of the Internal Security Sub- ter a;nd got us mixed up in Laos, got us Yond question. committee, if someone brings that issue mixed up in Chile, got us mixed up in Mr. CRANSTON. I admire the Sen up before the committee. Cambodia and other parts of the world, ator's efforts to cut oft such dangers Mr. PASTORE. Or any other Com- where they had no authority without Since there is no law that gives the Exec , mittee. . the consent of Congress, in that particu- utive the power of clearance or denial o Mr. HATFIELD. Or any other coin- lar case, the committee would come back clearance, since that is done by Exec: mittee, but this one committee is already and make a recommendation, if they tive order, whatever rules the cornmitto involved.would find it necessary to do so. ? writes will govern. what happens in tr Mr. PASTORE. But that is not the I would hope, without encumbering area. thrust, I want to make it clear, not the this with duplicate language, that we Mr. TOWER. This. is correct_ It is V, . - . . * thrust of this resolution, but it would be would understand that these are legisla- committee's baby. encompassed in it because it is broad in tive words of art when it says the select Mr. CRANSTON. I thank the Senato scope. committee shall have authority to reconi- t Mr. HATFIELD. I unde Mr. PASTORE. Well, let us see Urstand, but I mend the enactment of any new legis- would not want to exclude one of our lation. Th cannot put the baby to sleep.. L sugge.. They have the authority. I would the absence of a quorum. own subcommittees, if we are so anxious hope that they would exercise it. to investigate the executive agency. That Mr. BARMr. TOWER. Will the Senator with TLETT.' Will the Senator yield? hold that for a minute and yield to me Is why I am raising the question. Con- Mr. PASTORE. I yield. gress should look at its own intelligence Bor. PASTORE. What the Senator gathering and file keeping also. wants to do is to say that they have to Mr. TOWER. Mr. President, in the Fri Mr. PASTORE. That is right, make a recommendation one way or the day, January 24, issue of the Arizona Re Mr. HATFIELD. Mr. President, I with- other. public, William P. Maloney, Jr., a forme. draw my amendment. Mr. BARTLETT. I a,m saying, if I may ambassador to Ghana and a good Dem ' ? The PRESMING OFFICER. The say to the Senator from Rhode Island, ocrat who insists that CIA regulation i amendment is withdrawn. ? that they shall make a determination of long overdue, he states that: Mr. BARTLETT. Mr. President, will whether or not there is legislation needed In the approachlng investigations, it is im the Senator from Rhode Island yield to to strengthen the national security, in- portant to keep two things in mind: Thfit telligence or surveillance activities. that competent intelligenee. branch. me 2 minutes? ? Mr. PASTURE. "I yield 2 minutes to they shall make that determination_ Is to our survival and that the CIA, with all I the Senator assuring me that they will org.aniza.tions of its kind around. So let I faults: is one of the best, if not the very lies the Senator. make that determination in deciding no-t throw the baby out with the bath. Mr. BARTLETT. Mr. President, I call whether or not they will avail themselves ? up my amendment, of the authority of section 4? I ask unanimous consent that his lett Th.! PRESIDING OFFICER, The Mr. PASTORE. I would hope so. I in the Arizona Republic be printed at t amendment will be stateth would hope so. point in the RECORD. AppromeddFo reRelease 2000/0,794)t rysiAnkigg8 Mr. BARTLETT. With that assurance There being no objection, the lett? to Pdgc1.60IgliniWo was mott-de/4:edotoo4b4e printed in the REcoR -T11,.-:.? legislative clerk read as follows: lows: The PRESIDLNG. OFF/CER. The . ainen.dment Is withdrawn. Mr. CtRANSTON. Mr. President, will the Senator yield? I would like to ask one question of the Senator from Texas regarding his amendment. I assume that it was not his intention that the amendment would be used to deny a member of the select committee staff of the knowledge of the existence of a classification designatlon, or a classi- fied program. I ask that in light of the fact that many documents and pro- grams bear a classification that is actu- ally higher than the secret Which, itself, : "AppriNg For Release 2000/09/03 January AGass34aE?MM - S 97g CIA Esau:rt./mos Lowa Weaves As a former diplomat. I have followed re- cent news on alleged involvement of the CIA In domestic affairs with special concern. Clearly, congressional oversight and appro- priate regulation of the agency are long over- due. A recent best seller on the subject, "The CIA and the Cult, of Intelligence" by Mar- chettl. & Marks, the accuracy of which Is generally recognized, makes a compelling case in this regard. ? There is enough blame to taint all in- volved, not only the agency itself but recent - adzalnistratione and especially a pliant and gullible Congrese. Additionally, the agency operates under a vague grant of powers which falls to define what is "domestic" and what is "foreign." let alone providing guid- ance for what falls in either category when it involves legitimate intelligence operations. . But in the approaching investigations, it Is important to keep two things in mind: that a competent intelligence branch is es- sential to our survival, and that the CIA. with all of its faults, is one of the best, U not the very best, organizations of its kind around. Bo, let's not throw the baby out with the bath. Hopefully, in the coming months both our domestic freedom as well as the struc- ture. and role of- this excellent organization will be strengthened. Mr. SCFIWEICKER. Mr. President, I would like to commend the disting-uished majority and minority leaders for their ? decisive action in moving to establish a select Senate committee to investigate the recent charges involving various organizations within the U.S. intelligence community. I had introduced my own legislation in this area, Senate Resolu- tion 6, cosponsored by my colleague from Wisconsin (Mr. ?Peoxenez), and I am pleased that the Senate has decided to . move forward with a similar proposal. I think it is appropriate to empha- size four points in connection with this. First, this Nation vitally needs an effec- tive intelligence service. No one disputes that, and I am confident no one in this body would support any action which would undermine the effectiveness of Government organizations performing legitimate, necessary, intelligence func- tions. In the 14 years I have served in the House and Senate, I spent 10 years as a member of the Armed Services Corn- znittee, both in the House and here in the Senate, and that experience convinced me of the necessity for an effective in- telligence oreanization. But second, and equally important, it Is the responsibility of the Congress to define legitimate intelligence activities, and to establish guidelines which the ex- ecutive branch must follow in conduct- ing intelligence activities?and then to see that these guidelines are enforced. The intelligence community, like every other sector of our free society, must be subject to the rule a law?and in fact, because of the unique nature of intelligence activities, it is fundamental to the integrity of our free ir_stitutions that the intelligence community respect the rule of law. Unfortunately, the Congress has not been as vigilant in thi.s area as it should have been. Despite nearly 200 legisla- tive, .no major legislation re- garding our intelligence community has been passed since 1949, when the original CIA charter was amended. In the inter- Approved For Release 2000/09/03 : CIA-IkDP83B0 verth28 years, the statutory authority of the CIA hstappy a seri of area notllfied tiges a arid ad b secret ati- reirdetrative actions, Exe.cutive orders, and National Secudty Council actio. As a result. the CIA noel has a "secret charter" which may be vastly different from the original statute passed by Con- gress?and even those IvIerabers a Con- gress with oversight respon.sibilities for C".J.A. cannot say with confidence what is in the secret charter. I hope the select committee will focus a raajor inquiry in this area, and will untangle the various provisions of the secret charter and in- sure that our basic intelligence author- ity b embodied in a new, statute, passed by Congress, rather than in a series of secret documents. In a free society, the entire concept a a "secret charter" is an intolerable contrediction in terms. and must not be permitted. Third, there are numerous indications that the intelligence conamunity--and particularly the CIA?has expanded its functions into nonintelligence areas, creating a. shadow government, dupli- cating and even superseding the activi- ties of other Govenament agencies. I re- cently disclosed an unclassified, CIA con- tract proposal, asking American firms to conduct industrial espionage againet our NATO allies and others, to determine their future plans in the area of ground trensportatiom Certainly we have a legi- timate Goverrtment interest. in this area, but it should be pursued openly, by the Depa.rtment of Transpertatian or Com- merce, rather than covertly by the CIA. And in response to my disclosure, our Nam allies said thee- would be happy to enere infotiaaton of this nature with our Government and in fact, are now doing so, thus eliminationg any need for CIA activity. I hope the select commit- tee will explore intelligence community activities in this area, to determine to what extent a shadow government has in fact been created, pursuing nor- mal Government functions in secret, simply to avoid congressioxral oversight and accountability. Finally, I think it should be empha- sized that the CIA represents only about 15 percent of the entire U.S. intelligence effort. Recently, this has been the most visible 15 percent, in view of press dis- closures, but certainly no responsible congressional evaluation in this area can take place without inquiry into all facets of the U.S. intelligence community. My bill specific-ally authorized inquiry into all U.S. intelligence agencies, and I would hope the select committee bill adopted today will have similar broad authority. Mr. MUSKIE. Mr. President, the- reso- lution before the Senate is the product of long and thoughtl'ul concern over the role of intelligence agencies in a demo- cratic society. Nearly 2O years ago, the distinguished majority leader urged the Senate to adopt a related measure to exercise its responsibility for the activi- ties of our Nation's intelligence com- munity. Since the adoption of the National Se- curity Act, there have been more than 200 attempts to establish separate and broadly based intelligence oversight committees for the Congress Today, with the leadership of the db- ? tinguished senior Senator from lehrode Island ae.d the esteemed majority leader, and the many other le:embers of this body who have labored for thia change. we can take a vitally significant step by ? the creation. of a Senate Select Commit- tee to Study Government Operations with Respect to Intelligence Activities. . This select .coranittee is similar in many respects to a proposal offered by - Senators MANWIELD and MATHIAS which was referred to the Committee on Gov- .. ernment Operations. The Subcommittee ? on Intergnaverrunental Relations, which I chair, held hearings on December 9 and 10 on that and other proposals to strengthen congressional oversight of in- telligence activities. _ - While we will continue to explore the ? long-range. congressional needs. for a . more permanent oversight mechanism, it . is essential that. we have a select, cora- znittee study what ha e gone before us and to measure past activities a our intelli- gence agencies ageinet. the laws- which - authorized them. ? For many years -now we. have been given constant assurances by the Central intelligence Agency iahrl other intelll- gence agencies that they have been. forthcoraing to the Congress throegn the ? appropriate channels such as the present e oversight- committees. Unfortunately events of the past few years, and more e_ part1al:Lea-1y of the tat few weeks, ap-- - peae- to suggest that there is an instinct on the part a these agencies to withhold information from the Congress to protect themsel ves. In the ? ? past , proposals from the Con- . erress, from scholars and frora Priden- tie' task forces have been met with. little - more than indifference. Certainly public - opinion and opinion in the Congress have changed. In recent years we- have seen alarming evidence that. the FBI has spied on Con- gresernen ? and on domestic political gioups. The President has acknowledged that the CIA mistakenly became involved _ in domestic surveillance. We have hail - evidence of military agents spying . on on behalf of an agency created by Department of Defense directive. The list goes on. . The creation of a select committee to explore these allegations and activities as well as the overall activities and re- - sponsibilities of the entire intelligence conenunity represents an objective re- sponse by the Senate to difficult and complex. circumstances. It is not a call for a witch hunt. It is an a.ssumption of responsibility. This is an undertaking of the greatest itnportance. It is one which has the. strong support of most of the Members of this body. It is essential that this select commit- tee begin now to obtain answers. to the many questions which have been raised in the short run about the recent dis- closures and allegations and in the long run about the authority and functions of all of our intelligence gathering agencies. The committee should address the question of how we can balance vital Oitiiii6e60-6 6'616'6414'4 pub"" ? " ' Approved For Release 20 S 980 CONti ERR itRoWfcEe4FRoier23 R0007QQA441G4499, 1975, right to know what its Government is leged misconduct by the CIA and the of adverse publicity results. Witness the doing and why. . FBI. Legislation vele offered to establish Bay of Pigs fiasco and the toppling of If the events of the past 2 years are to a Watergate-like select committee to the Allende government in Chile. While provide the momentum to help fashion thorotighly examine these allegations I do not dispute the need for secrecy in any changes in the tray we conduct our and determine their validity. We are go- their overseas intelligence operations, I Government, they should at the very ing to vote on that legislation this after- would be interested to know if the CIA least underscore the necessity for public noon and I intend to support it.. operates solely under the direction of the accountability?in this case, account- In addition to the CIA and the FBI, National Security- Council and/or the ability to the Congress for the proper the select committee will also review the President. Correspondingly, have the e.nd judicious administration of -intelli- activities of the other Federal intern-' members of the current congressional - ? ' i I dine the subcommittees on intelligence oversight gence gathering agencies and the assur- ance that those activities are subject to the restraint of law as they impinge upon the free exercise of our constitutional rights. If the select committee is to carry out this mandate, it must not be impeded in any way in its investigations. The committee should explore still un- answered questions about the use of in- telligence agencies in the .Watergate incident and any other instances where agencies exceeded their authority. . - The committee should examine the existing,' laws and procedures for review of their implementation and recommend necessary changes. . Finally, .the work of the committee should serve as a basis for restoring pub- CIA that they assist E. Howard Hunt committee be guaranteed? These are verY lic confidence in the integrity and quality _ with his masquerade for the purpose of serious questions in my eaind and I hope . In the December hearings before tlie clandestinely bree.king into the office of that, the select committee will include ? . ef our intelligence agencies. Daniel Ellsberg's psychiatrist?a Pate them in its inquiry. Intergoverremental Relations Subcom- - . ently illegal act? Who put together the - ? Mr. President, I believe that the need. member of the Senate Select Committee Huston . plan to infiltrate dissident for the creation of a select committee to mittee, Senator BXE,MR testified.that as a. on Presidential Campaign Activities he groups for the purpose of gathering in- investigate the Federal intelligence corn- formation on them? These are questions munity has been amply documented. I was told at one point in his investigation that the CIA would supply no further in- that need to be answered and I trust that strongly endorse- its enactment. formation to the Watergate committee in the coarse of the select committee's Mr. GOIDWATER. Mr. President, I investigation they will be. rise in ,support of Senate Resolution 21 - but instead would 'supply all of the in- Mr. President, the collection and Cata- creating a Select Committee to Investi- f formation to their regular oversight loging of information on - individuals? gate Intelligence Activities. ? committees_ Senator BAKER went on to without their knowledge or consent?has At the outset, I want to state that the say: always been abhorrent to the American intelligence community has served the ? That effectively ended the Watergate Coin- people It is, at a minimum, a violation of Nation loyally and ably. Moreover, I rnittee's inquiry into CIA involvement. ? the constitutional right to privacy as 'want to take this opportunity to salute Based on the explanation by Senator, guaranteed by the fourth amendment the dedicated, hard working men and MAIISFIELD and Senator PASTORS an the . and, at maximum, a threat to one's lib- women of the intelligence community day Senate Resolution 21 was introduced, erty and freedom 'of expression. In the whose work goes largely unheralded be- there should be no question about the context of these recent revelations, we cause of the climate in which they must right and the authority of this commit- hear the phrase- "police state" bandied - 'tee and its staff to obtain any informs- about and I am disturbed' by it. A de- "PrkrOduction of useful intelligence to tion which in any way affects or relates mcrcracy is founded on the principle that guide the Nation's policy makers in mak- to the intelligence activities of the Gov- . the Government is for the people, not ing decisions relies upon the efforts of ernment, against them. Consequently, as the thousands of persons who do their work As the able majority leader stated so elected Representatives of the American in a painstaking and careful way. well: people and their interests, it is Mount- While agent operations are important It should ,. to the Nation, they constitute a very e d clear that this bent upon the Congress to act quickly - committee will only be able to perform its ? to insure that this unwarranted intru- small proportion of the total intelligence function effectively if the provisions of this sion into- the private lives of U.S. citizens effort. Agent operations have been resolution are liberally construed by corn- has stopped and will riot recur. The re- glamorized in novels and movies. Most TtlitteeS and by the agencies which are the sponsibility is ours and the response of us enjoy this kind of entertainment, subjects of its investigation, must be ours as well. - but the image that emerges is very far Nothing should be able to be used as Mr. President, included within the nur- from reality. - a bar to a thorough investigation? view of the select; committee's inquiry is The truth of the matter is that the neither the system for classifying nit- "The extent and necessity of overt and production of intelligence requires the tional secrets nor the provisions of the covert intelligence activities in the painstaking work of many- specialists National Security Act itself. . United States and abroad." I have al- who carefully analyze information from I am confident that the members of ready expressed my deep concern for many sources. Most of the work is far this committee will use this authority unmonitored intelligence gathering - op- from glamorous and very far from James judiciously with the utmost concern for orations within the United States, par- Bend. . ' preserving and improving-the institutions tic.ularly those conducted by the CIA, but 'Under the political climate now pre- they are charged to examine. I would also like to remark briefly on the railing, I suppose a select committee was It has taken us a long time to reach need for some congressional knowledge of inevitable. .1 would have preferred that this important point but the effort prom- and input into the foreign intelligence the Senate inquire into intelligence no- ises to bring forth fruitful and construe- activities. tivities through the existing committees tire change. Up to this time, the Congress has gen- and subcommittees that. have response. 1Vre. PA.c'r.KWOOD. Mr. President, early orally had very little knowledge of CIA bilitieS for intelligence. week the Senate determined to take operations in a foreign country unless In supporting Senate Resolution 21, an actiAptserOVediraikteigsael-26olb =sag _goe.s wrong and a great deal I want to make it clear that in no way . /03. : CIA-RDP83B00823R000700040044-9 - gence gathering agencies, National Security Council and the De- more often than not simply been pre- ? fense Intelligence Agency. However, the'seated with o, fait accompli rather than main focus will be on the heretofore consulted during the initial decision- largely unknown activities of the Ceti- making prccess? I do not think this is at tral Intelligence Agency and the Federal- all clear and it should be. Bureau of Investigation.- I have indicated my support for a For the last 2 months, the newspapers permanent Joint Congressional Commit- have been replete with stories of CIA tee on Intelligence Oversight which involvement in Watergate-related in- should, in theory, enjoy a more compre- trigue in violation of the CIA's legis]-a- hensive oversight capability' than has tive mandate to restrict all intelligence been the case with the current subcom- gathering activities to foreign countries. mittees in the House and Senate. Given Further, we have been informed that the that reality, however, exactly what will FBI was actively and illegally wiretap- that oversight capability include? And, ping civil rights leaders and other poll- more importantly, given the congres- ticians at the 1964 Democratic Convenez sional track record on sensitive informa- tion. Who, Mr. President, sanctioned tion leaks, can the security of intelligence taps? Who suggested to the information imparted to the oversight 4ta4pf.);oyAFor Relemmscimi cagamspE2R0007000400449 do I agree to the criticiera that has been made concerning our existing commit- tees. I know that our colleagues on these committees have done their utmcst to carry out the trust of the Senate. Because the attacks on the intelligence community persist, and because part of that attack is directed to the existing comzrnttees, I am supporting Senate Res- olution 21 as a way to clear the air and set the record. When the distinguished senior Sena- tor from Arkatessee was chairman of the Permanent Investigations Subcommittee, I believe he established the procedure of having closed hearings before Open hear- ingswere held. If I remember correctly, the distinguished Senator from Arkansas - ? established this procedure to protect both e his subcommittee and witnesses from unnecessary embarrassment. It is nay hope that the Senate select committee will proceed in a careful and deliberate manner. I -believe the com- mittee's work, at least initially, should be in camera. Most of the Senators and staff, who are going to serve on the committee, are not thoroughly familiar with the orga- nization and functions of the intent- . getsze community. Before any decision - On open hearings is made, I would hope the members and staff would have ample opportunity to do some homework. The Senators and -Staff who serve .on the select committee are going to. have knowledge of a lot of matters which, it improperly handled, can -cause our Na- tion harm. It is important that the select com- mittee establish sensible rules in dealing with the intelligence community. In other words, let us get the information we need to do the job but no more. There is a reason over and above se- curity considerations for the select com- mittee to hold its meetings in camera: The basic American idea of protecting professional and personal reputations unless unlawful or unethical acts are in- . volved. Although Senate Resolution 21 does. not specifically make this point, I believe the work of the select committee should have as its focus the National Security Act of 1947. It is that act and the direc- tives issued under its provisions Which have created the intelligence community as we know it today. Using the act of 1947 as a frame of reference, I believe the select committee should have two prime objectives: First, to determine whether or not the act of 1947 needs revision. Second, to determine whether or not there have been illegal activities within - the intelligence community. If there have been illegal activities, than I believe the committee must de- termine whether these illegal activities constitute a pattern or are merely aber- rations. Sometimes what may appear to be an illegal activity may turn out to be some- thing quite different. Ultimately, the select conimittee will make its findings and recommendations known to the Senate. It would be a trag- edy for the Nation should this document reflect anything but the hest of the Sen- ate. If surgery is required, let it be per- formed only after the most careful diag- nosis. And, if there is surger", let us use a very sharp scalpel?not a meat ax. ? Mr. .DOleaNICI. Mr. President, the Central Intelligence Agency is charged with conducting the kinds of intelligence activities that are absolutely essential to preserve our free and open democratic society in the real world in which we live. I say this because example after exam- ple has shown that our Nation must re- main ever-vigilant against the publicly stated desires of other governments to destroy our free existence. The charter establishing the CIA lim- ited it to foreign intelligence gathering. Allegations have been Made that the charter has been exceeded on occasion. If correct, then much of the blame for . these excesses lies with the Congress for failure to discharge its duty of congres- sional oversight. Recognizing that our Nation must have an intelligence gath- ering capacity that Congress has failed in its overeight responsibility, the ques- tion becomes: Is the creation of a-select committee to investigate our intelligence operations, with all its extensive press coverage and certain leaks, the wisest method to explore and correct past wrongs and prevent future abuses? -I have,grave doubts. There are many possible alternatives to such a suggested select committee. One alternative that comes immediately to mind is the creation of a permanent joint committee to oversee intelligence gathering by cur Nation's agencies. Such -an alternative- has been offered in the form of S. 327? which I have cosponsored and intend to support. However, the realities of our current situation dictate my reluctant support of Senate Resoultion 21, with the strong reservations mentioned previously and an admonition to my colleagues that we must not breach our national security by revealing matters of truly critical impor- tance. These hearings must not be char- acterized by a veritable flood of leaks and publicity stunts that will perma- nently jeopardize the effectiveness of our intelligence operations which serve a very legitimate purpose. We must be on mir guard that such legislation with a commendable purpose is not allowed, through error or excess, to undermine our country's security. Mr. PACICWOOD. Mr. President, yes- terday's Washington Post included an editorial by Walter Pincus entitled "'Spies' and Presidents." In speaking of the investigation before a select commit- tee to study the :Federal intelligence community, Mr. Pincus declares that: No select Senate committee?not even a joint congressional committee--will get to the bottom of the U.S. intelligence comrnu- nity's problems without the full and active support of President Ford and his staff." This is because, he goes on to say, "The inquiry into Intelligence acti-."ites must inevitably find out what pact Presidents authorided the agencies to do. ? Because of its particular relevance to the bill we will vote on today, I am bring- ing this article to the attention of my S 981 colleagues. Mr. President, I ask unani- mous consent that the text of Mr. Pin- cus' editorial be printed at this point in the RECORD. There being no objection, the editorial was ordered ta be printed in the RZCORD, as follows: esters- AND PIDMIDZNTS - (By Walter Pincus) No select Senate committee-,-not even a joint. congressional committee?will get to the bottom of the U.S. intelligence com- munity's problems without the full and ac- tive support of President Ford and his stall. The- reason is simple: such an inquiry must inevitably end up tryin.g to find out what past Presidents and their staff authorized these agencies to do; what formai groups. such as the 4.0 Committee, approved; and what. stens, if any, the White House ever took to stop abuses of authority or projects that. were il- legal on their face. Current newspaper allegattotut about the Central Intelligence Agency's domestic OD- tivi ties and the CIA partial confirmation plus admission that the Federal Bureau. of Inves- tigation has collected tiles on members of Congress illustrate the point. . Fortner CIA Director Richard Hefei, tied the start of that agency's domestic activities in the late 1960s to "the express concern of ? the President" (Lyndon Johnson), although he did not detail how this "concern" was transmitted?to him. The present CIA Direc- tor, William Colby, told a Senate subcorn- rnittee'that, under Helms, the agency on Aug. 15, 1967 established a unit within its coun- terintelligence department "to look into the possibility of foreign links to American dis- sident elements." Two weeks later, Colbe went on, the executive director of the Presi- dent's National Advisory Commission on Civil Disorder asked how the CIA might assist that inquiry.. ? In setting up the c:orniniselon, President Johnson's executive order bed called upon all government agencies to cooperate-. Colby never stated, in his prepared teat, why or under what authority Helms had established the unit prior to receipt of the commission's request for assistance. Colby did add, how- ever, that later the same year "the CIA ac- tivity becsme part of an interagency program, In support of the national commission (on. disorder) , among others." What that program was and who the "oth- ers" were who received its output were not spelled out. The only known group estab- lished at that time was one intended to work out a plan for handling disorders La Wash- ington.. Former participants on that inter- agency pane/ from the Pentagon and Justice Department don't remember CIA haring been a party. Colby's later dtsclosure--that at this time the agency's Office of Security inserted 10 agents into dissident organizations operat- Mg la the Washington, D.C. area, . . to gather information relating to plans for demonstrations . . that might endanger CIA personnel, facilities and information"? parallels what this interagency group did. Whatever the facts were, only information from the White HOUSF: tracing establishment of such a group could shed light on how the CIA became a participant. In 1969, the CIA was asked by the White House to undertake surveillance of the Presi- dent's brother. Donald Nixon. who, accord- ing to documents from the Rouse impeach- meet inquiry, was moving to Las Vegas where it was feared ha "would come into contact with criminal elements." The agency refused, but the Secret Service Act, which requires government agencies to cooperate In the pro- tection of the President and his family; may - have been the source of other such reque,ts. Only the White House can disclose what rola Approved For Release 2000/09/03 : CIA-RDP83600823R000700040044-9 ' Approved For. Release 2000/09/03 : CIA-RDP83600823R00070Q040044-9 ' S 982 CONGRESSIONAL RECORD?SENATE . January 27,, 1975 the CIA has been asked to play under that ? Mr. PASTORE. Mr. President, I suer- unanimous consent that the order for the law. gest the absence of a quorum. quorum be rescinded. In 1970 and 1971, White House aides asked The PRESIDING OFF/CM. The clerk The PRESIDING OFFICER. Without CIA. to participate in what was known as the all will c the roll' ? objection, it is so ordered. Huston domestic Intelligence plan and to will call - ? proride assistance to a former agency official, The second assistant legislative clerk Pursuant to the previous order, the F.. Howard Hunt, who at the time worked for proceeded to call the roll. Senate will now proceed to vote on the the President. Again, the question must be Mr. MANSiele./..D. Mr. President, I ask resolution, as amended. On this question raised as to what White House authorization unanimous consent that the order for the the yeas and nays have been ordered, and ? ? the agency was givers to undertake the re- ' quorum call be rescinded, clerk will call the roll. quested activities. Hunt's aid was cut off The PRESIDING OreICER. Without The assistant legislative clerk called - only when, in the words of the man who was ? i the roll. objection, t is so ordered. then chief assistant to the deputy director, Mr. MANSFIELD. Mr. President, will Mr. YOUNG (after having voted in_the it appeared the agency was becoming involved negative). On this vote I have a. pair with the Senator yield for 2 minutes? In. a "domestic clandestine operation." the junior Senator from Washington In 1971 and 1972, according to Colby, the Mr. PASTORE. I yield. . he CIA undertook physical surveillances of five (Mr. JecksoN). If he were present Americans including. apparently, newsman would vote "Yea." If / were permitted to vote, I would vote. "Nay." I therefore withdraw my vote. Mr. GRIFFIN (after having voted in the affirmative). On this vote I have a pair with the Senator from Ohio (Mr. TAFT). If he were present, he would vote ? "nay." If I were permitted to vote, I would vote "yea." I therefore withdraw my vote. - ? Mr. ROBERT C. BYRD. / announce that the Senator from Washington (Mr. Jecetsoet) , the Senator from Rhode Island (Mr. Pete), the Senator from California (Mr. TrerNET) , and the Senator from Indiana (Mr. HARTME) tare necessarily absent. - - I further announce that the Senator from Kentucky (Mr. HUDDLESTON), a-nd the Senator from Hawaii (Mr. INones) are absent on official business. " I further announce that, if present and AUTHORIZATION FOR COMMEI Lea voting, the Senator from Rhode Island ON COMMERCE TO riLE REPORTS (Mr. PEL d L), an the Senator from Cali- UNTIL MIDNIGHT TONIGHT fornia (Mr. Telmer) would each vote "yea." ? .- Mr. MANSFIELD. Mr. President, I ask - unanimous consent that the Committee Mr. GRIFFIN. I announce that the Senator from New York (Mr. Javies) is on Commerce be authorized- to file re- Jack Anderson, "to Identify the sources of JOINT REFERRAL OF CERTAIN' (news) leaks." This appears to complement . ' COMMUNICATIONS - the so-called "national security" wiretaps ,...... ,,,,,,, ? - conducted by the FBI at the direction of the aver. leamaSPEEMD. Mr. President, I ask Niton White House from 1969 to 1971. again,- unanimous consent that a communica- the agency and the White House must make tion from the Federal Energy Adrnhais- clear the authority under which the CIA tration transmitting a study under Pub- conducted such operations. lie Law 93-391, be referred jointly to the In March 1974, Colby "terminated the do- Committees on Interior and Insular Af- =este:. intelligence collection program (be- fairs, Public Works, Commerce and Fi- gun T years earlier) and issued specinc guide- nance, and that a second communication lines that any collection of counterintelli- received this day from the Council on En- take place abroad and, would be initiated only vironmental Quality On Land Use, pre- in response to requests from the FBI. . . ." pared as a part of its annual report, be Was this at White House direction? And if referred jointly to the Committees on not. could a future President reverse such 0 Interior and Insular Affairs, Public policy? - ' The FBI situation is slightly different. Works, , Commerce,. Agriculture and For- There is no information as to how or why The PRESIDING OlerICER. Without former FBI- Direntor J. Edgar Hoover began collecting politically-tantalizing material objection, it is so ordered. about congressmen and other public figures. One point is clear, however?he frequently used the information to titillate Presidents, and apparently no Chief Executive or White House aide ever told him to stop. When the so-called "national ? security" FBI wiretaps were operating, Hoover regularly sent social and political gossip picked up from over- heard conversations to Nixon chief of staff, necessarily absent. .' H. R. Haldeman. No objection or order to ports until midnight tonight. . - I also announce that the Senator from stop ever came back from the Oval Office. ? The PRESIDING OrrICER. Without Maryland (Mr. Meenees), the Senator One other presidential role in these areas objection, it is so ordered. . from Idaho (Mr. McCerne) , and the Sen- needs exploration. Were agency directors ator from Vermont (Mr.. Seereolle) are Sea- ordered by the White House to cover up certain activities when called before con- QUORUM CALL absent on official business. ? greselonal committees? Former CIA Director - I further announce that the Senator Helms, for example, when questioned by the Mr. MANSFIELD Mr. President, I from Ohio (Mr. TAFT) is absent to attend Senate Foreign Relations committee in suggest the: absence of a quorum. e. funeral. -.. -? . February 1973, was asked directly about CIA The PRESIDING OleielCEart. The clerk I further announce that, if present and . participation in a White House plan in 1969 will call the roll. - voting, the Senator from New York .(Mr. or 1970 to coordinate domestic intelligence The assistant legislative -clerk pro-. - activities, Helms said he could net recall? Jevrrs), and the Senator from Maryland ceeded to call the /ell. - ' (Mr. MATELts) would each vote "yea." . though he knew full well of his activities in Mr. PASTORE. Mr. President, I ask The result was announced?yeas- 82, 1970 Huston plan discussions. Last week he unanimous consent that the order for told senators he misunderstood the question, as follows: At a May 1973 hearing. Helms told senators the quoruin call be rescinded. nays 4, jleolleall Vote No, 1 Leg.] " he had no idea that Hunt, prior to public The PRESIDING OFFICER. Without YEAS-63 - reeetion. of the Ellsberg break in; "was going objection, it is so ordered. . to be involved in any domestic activity." . Ahosareek - Easttand . Fannin -Metcalf Of course, he did?that was why aid to Hunt ,,, Mondale stooped. Former President Nixon and his SELECT COMMITTEE TO STUDY Baker Bartlett Bong'or - ? . MontoyaMorgan . eides kept a close watch over any congres- GOVERNMENTAL INTELLIGENCE Bagel Garn - Mose Glenn . Musisle tcld to mislead? . The Senate continued with the cone BBBeeellanlmt1soena HG sr anss' eein Nunn Packerood stoma! testimony that could implicate them ACTIVITIES or Their assistants in Watergate. Was Helms - Goldwater Nelson LI current congressional effotts to harness sideration of the resolution (S. Res. 21) pl_cloecit. Hart, Gary W. Pastore . the intelligence community ,break up as a to. establish a Select Committee of the Brock Hart. Hart. Philip A. Pearson rreeet of lack of White House cooperation, Senate to conduct an investigation and Buckley Haskell Percy addizioeal atlegatioes of past wrongdoiag. study of governmental operations with ' lee teent Proxmire Hathaway Randolph Byrd. are bound to be made because the climate respect to intelligence activities. Burdick - Hollings Rinicoff both Inside and outside the secret security eervices has changed. Strong internal agency Mr. PASTORE. Mr. President, I ask for ? Harry F., Jr. Tires:ea . Roth he-tie:ship has gone. And on Capitol Hill, the the yeas and nays on passage. .Byrd, Robert C. Humphrey SchwelkerScott. Hugh . cld etattech defenders of intelligence ac- The yeas and nays were ordered. Cannon Johnston Kennedy Sparkman tivizita are either gone or powerless. Mr. PASTORE. Mr. President, I sug- case Chiles -Laxalt Stennis For these Interested in protecting the legit- gest the absence of a quorum. Church Leahy - Stevens . igice.e, functions of the Intelligence COMMU- The PRESIDING OFFICER. The clerk Long Stevenson Lee:. the future looks grim?indeed black if will call the roll. Clark me:muses:. Mansfield sSysitonlengthtt saore is Ea, Z911111043V dalitiFfeeibard- 82NLIOD70(1041044-4v Culver Curtis _ McClellan Tower Misers the nerd Aagraoilee jails to see that fax ? clikefvRelease e - commission studying a very narrow set of allegations. Mr. MANSFIELD. Mr. President, I ask . Eagleton McIntyre ? , ? --Approved -FOr Release 2000/09/03: CIA-RDP83B00823R000700040044-.9 eionzi..a-i-y 27, 1975 CONGRESSIONAL RECORD --- SENATE. S 983 . ? NAYS-e4? ' kind which have any tendency to reveal the covert intelligence activities in the United : Helms Talmadge ' full facts with respect to the following mat- .States and abroad. . Scott. William L. Thurmond tens or.questions: . (15) Zuci other related raatters as the - (1) Whether the Central Intelligence committee deems necessary tzt order to carry PRESLYT AND GIVING LIVE PAIRS, AS Agency has conducted an. illegul donaestic out lea responsibilities under section (a). PREVIOUSLY RECORDED-2 intelligence operation in the United States. . Sec. 3. (a) To enable the select commit- ? ? (2) The conduct of domestic intelligence Yourag, against tee to make the investigation and study au- .or counterintelligence operations against Gretn, for . ? thortzed and directed by thLs resolution, the United States citizens by the Federal Bureau .. ?Senate hereby empowers the select corn- ' ' ? NOT VOTING-11 or Investigation -or any other Federal agency. mittee as an agency of the Senate (1) to . (3) The origin and disposition a the &) employ Javits Stafford ? employ end fix the compensation of such nuddieston Mathias Taft called Ruston Plan to apply United States in- clerical, investigatory, legal, technical, and Inouye McClure Pell Tunney ? tellige lli nce agency capabties against indie - other assistants- as it dee -necessary or Jackson ? viduaLs or organizations within the United States. ' appropriate, but it may not exceed the nor- -mai Senate salary sciaedules; (2) to sit and So the resolution (S. Res. 21) was Th agreed to, as follows: (4) e extent, to which the Federal Bu-' act at any time or place during sessions, re- ?. re au of Investigation, elle Central Lateei- Ens. 21 , urrument periods a the See- s. gence Agency, and other Federal law enforce-- ate; (3) to hold hearings for taking Rewired, To establish a select committee ment or intelligence agencies coordinate their testimony on oath or to receive documentary - of the Senate to conduct an investigation respective activities, any agreements which or physical evidence relating to the matters - and study of governmental operations with govern that coordin t respect to intelligence activitiee and of the extent, if any, to which illegal, improper; or unethical activities were engaged in by any agency a the Federal Government or by any persons, acting individually or in combina- tion with others, with respect to ant' intel- ligence activity carried out by or on behstif - of the Federal Government; be it further - Resolved, That (a) there is hereby estab- ? lished a select comraittee of the Senate which may be called, for convenience of expression,. the Select Committee To Study Governmen- tal Operations With Respect to Intelligence Activities to conduct an investigation and study of ?the extent, it any, to which illegal, improper, or unethical activities were en- gaged in by any agency or by any persone, acting either individually or in combination with others, in carrying out.any intelligence or surveillance activities by or on behalf of any agency a the Federal Government. ' (b) The select committee created by this . resolution shall consist of eleven members of the Senate, six to be appointed by the Presi- dent of the Senate from the majority mem- bers of the Senate upon the recommendation of the majority leader of the Senate, and five minority members of the Senate to be ap- p Jetted by the President of the Senate upon . the recommendation of the minority leader of the Senate. For the purposes of para- graph 6 of rule XXV of the Standing Rules of the Senate. service of a Senator as a mem- ber, chairman, or vice chairman of the select committee shall not be taken. into account. (c) The majority members of the corn- znittee shall select a chairman and the minor- ity members shall select a vice chairman and ----.,*--n,.- agencies. are governed by Executive - to procure the temporary or intermittent tlae committee shall adopt rules and proce- orders, rules, or regulations either published services of individual consultants, or orga- clure_s to govern its proceedings. The vice or secret and the extent to which those Exec- nizations thereof, in the same manner and chairman shall preside over meetings a the utive orders, rules, or regulations interpret, . under the same conditions as a standing he - select committee during t absence of the expand, or are in conflict with specific Iegis- committee of the Senate may procure such. chairman. and discharge such other respon- lative authority. ? services under section 202(1) of the Legis- ? sibilities as may be assigned to him by the ' (10) The violation or suspected violation le.tive Reorgatezation Act of 1946; (e) to use select committee or the chairman. Vacancies of any State or Federal statute by any in- on a reimbursable basis. with the prior coe- in the membership a the select committee telligence agency or by any person by or on sent of the Committee on Rules and Ad- shall not affect the authority of the remain- behalf a any intelligence agency of the Fed- . ministration, the services of personnel of ? ? in members to execute the functions a the era l Government including but net limited any such department or agency; (10) to /zse select committee and shall be filled in the to surreptitious entries, surveillance, wire- ? on a reirabursable basis or otherwise with 'same manner as origelaal appointnaents to it taps, or eavesdropping, illegal opening of Co the prior consent of the chairman a arty aze made.? United States mail, or the monitoring of the subcommittee of any corrunittee of the Sen.- (d) A majority of the members of the se- United States mail. ? ate the facilittes or services of any members lect committee shall constitute a quorum for (11) The need for improved, strengthened, of the staffs of such other Senate COITIMit-? . the transaction of business, but the select or consolidated oversight of United States in- tees or any subcommittees of such other qufcomznittee may affix' a lesser number as a teiligence activities by the Cong,ress. - Senate committees whenever the select orum for the purpose of taking testimony (12) Whether any of the existing laws o commIttee or its chairman deems that such or depos ons. the United States are inadequate, either in action is necessary or appropriate to enable a Sec. 2. The. select committee is authorized their provisions or manner of enforcement, to the select committee to mice the Invg?ti- and di:acted to do everythhig necessary or s safeguard the rights of American citizens, gation and study authorized and directed appropri to improve executive and legislative control by this resolution; (11) to have direct acces . ate to make the investigations and - 'e? .stud Y specified in subsection (a) of the first select committee or any of its investi tor of intelligence and related activities, and to through the agency of any members of th section. Without abridging In any way the l a' resolve uncertainties as to the authority of or egal ssistants designated by it or Its .authority conferred upon the select corn- United e rain.ority menther United States intelligence and related agen- chairma or th rankine extentand questions a is authorized to investigate to which a leek of coordination has contrib- or study; (4) to require by subpena or? uted to activities or actions which are ille- otherwise the attenda3ace as witstersses of gal, improper, inefficient, unethical, or con- any persons who the select oornmittee be- trary to the latent of Congress. ? 'levee have knowledge or infor n mation con.. (5) The extent to which the operatio of cerning any of the matters or questions it - domestic intelligence or counterintelligence is authorized to inv destigate an study; (5) activities and the operation of any other ac- to require by subpena or order any depart-. . tivities within the United States by the Cen- raent, agency, officer, or employee of the tral Intelligency Agency conforms to the leg- executive branch of the United States Gov- islative charter of that Agency and the intent erruneat, or any private person, firra, or cor- a the Congress.? ?poration, to produce for ita consideration or (6) The past and present Interpretation for use as evidence in its investigation and by the Director of Central Intelligence of the study any books, checke, 'canceled checks, ? responsibility to protect intelligence sources ? correspondence, communications, document, and methods as it relates to the provision in papers, physical evidence, rewrcis, record-- section 102(d) (3) of the National Security lags, tapes, or materials xelating to any of Act of 1947 (50 U.S.C. 403(d) (3)) that ". ? the matters or questions it is authorized to that . at the agency shall have no police, subpena, investigate and study which they or any of law enforcement powers, or internal security them may have- in theLs custody or under ? ftuactions. . . their control; (6) to make to the Senate (7) Nature and extent of executive branch any recontunendattons - it .deenas appropriate oversight of all United States intelligeace In respect . to the willful failure or refusal activities. of any person to azaswer questions or give ? (8) The need for specific legislative au. testimony In his character as a witness dur- ' thority to govern the operations of any Intel- ? lug his appearance before it or in respect to ligence agencies a the Federal Govern- the willful failure or refusal of any officer or ment now existing without that explicit stat- employee of the executive branch of the utory authority, including but not limited to United States Goverrune-at or (my person, agencies such as tha Defense Intelligence trzn, or corporation to produce before the Agency and the National Security Agency. committee any books, checks, canceled - The nature and extent to which Federal checks, correspondence, communicattons, agencies cooperate and exchange intelligence document, financial records, papers, physical information and the adequacy a any regula- evidence, records recordings, tapes, or tions or statutes which govern such coopers- materials in obedience to any subpena or tion and exchange of intelligence informa- order; (7) to take depositions and -other testimony on oath anywhere within the (9) The extent to which United States in- United States or in any other country- (8i1t 1 mitcee by the preceding sentence, the Sen- cies. ? to any data, evidence:information, report, ate further expressly authorizes and directs (13) Whether there is unnecessary dupli- analysts, or document or papers, relating to the select committee to make a complete cation of expenditure and effort hi the col- any a the matters or questions which it is investie-ation and study of the activities of lection and processing of Intelligence infor- authorized and directed to investigate and any Ei.!;en,27 or of any and all persons or rnation by United States agencies, study in the custody oro e h contra ,groups of persons or organizations or_ any 1141..oludity?tirri qeterAyAppesS008231R00070 08 or ern- ? Approved?For Rerease 2 ? ? Approved For Release 2000/09/03 : dIA-RDP83800823R0007000400444 Jcatuary 2ii 1975 CONGRESSIONAL RECORD?SENATE S 984 ? ployee of the executive branch of the United ties of the Central Intelligence Agency in to 'establish a select committee of the States Government, including any depart- foreign countries or the Intelligence activi- Senate to conduct an investigation and trent, agency, officer, or employee of the ties- in foreign countries of any other de- study of governmental operations with ? United States Government having the power partment or agency of the Federal Govern- respect to intelligence activities. u Crr.e. the laws of the United States to inves- meat; ? . _ Mr. wi tizate any alleged criminal activities or to Sec. B. As a condition for employment as eiSF . Mr. President, I sh pr.csecute persons charged ;Prith crimes described in section. 3 of this resolution, each to state, before proceeding with the dis- egeeast the United States and any depart- person shalt agree not to accept any honor- Cllesioil.5 and consideration of this resolu-? reeet. agency. officer, or employee of the I:triune royalty or other payment for a speak- tion, that insofar as the majority leader Insited States Government having the au- lag engagement, magazine article, book, or is concerned, the chairman of the Corn- thertty to conduct intelligence or surveil- . other endeavor connected with the investiga- mittee on Armed Services, our colleague lance within or outside :the United States, tion and study undertaken by this commit- from Mississ? ippi (Mr. Srzerms) is owed a e.e.thoter, regard to the jurisdiction or au- tete., of thanks because throughout the thorite of any other Senate committee, e4y; Sec. 9. No employee of the select committee ? vote _ e e which wee aid the select committee to pre- t or any person engaged by contract or other- years he has scrupulously endeavored, to pare for or conduct the investigation. and: , wise to perform services for the ielect coni- the best of his ability- and in line with study authorized end directed by this reso- s mittee shall be given access to any claselfied his other responsibilities, to scrutinize all ie-iae- and (12) to expend to the extent it h elect e0erinaittee unless activities of intelligence agencies related such employee or person has received an ap- to the defense community. He need no information proprlate security clearance as determined yield to any Member of this body his - by the select committee. The type of security stance as the preeminent "watchdog". of clearance to be required in the case of any the Conicess in performing this critical such employee or person shall, within the " determinattort of the select committee, be oversight function. I commend Jouzi commensurate with the sensitivity of the SEENNLe. The Senate commends JOHN classified information to which such em- STENNIS for his assiduous and conscien- ployee or person Will be given access by the( tieus work in this endeavor. . select committee. te----1 Mr_ President, now that the select Mr. PASTORF,. Mr. President, I move committee has been approved by the Sen- to reconsider the vote by which the reso- ate, the minority leader and I have di- ected. a. letter to the- heads of agenclee? deterrnines necessary or appropriate any moneys made available to it by the Senate to perform the duties and exercise the ? powers conferred upon it by this resolution and to make the investigation and study it is authorized by this resolution to snake. (h) Subpenas may be issued by the select committee acting through the chairman or any other member designated by him, and rney be served by any person designated by reach chairman or other member anywhere within the borders of the United States. The chairmen of' the select committee, or any to adminleter ostb.s to any witnesses appear- Mr. MANSFIELD. I move to lay that and departments of Government most other member thereof, is hereby authorize lution was agreed to. log before the committee. ? ' motion on the table. preeminently concerned with intelli- ... (c) In preparing for or conducting tile The motion to lay on the table was gence endeavors. The -letter reads as - investigation and study authorized and di-, . rected by this resolution, the select cone- agreed to __ ? mittee shall be empowered to exercise the ? powers conferred upon committees of the Senate by section 6002 of title 13, United States Code, or any other Act. of Congress regulating the granting of immunity to wamesees. See. 4. The select committee shall have au- thority to recommend the enactment of any new legislation or the amendment of any existing statute? which it considers neces- sary or desirable to strengthen or clarify the national security, intelligence, or surveil- lance activities of the United States and to protect the rights-OL United Sta citizens tes SENATOR FROM NEW HAMPSHIRE? CREDENTIALS - The PRESIDING OFFICER. Under the previous order, the Senate will now pro- ceed to the consideration of the motion by the Senator from IvIontarta (Mr. 1VIeeisiersto) to refer all credentials and papers dealing with the New Hampshire election dispute to the Committee on Rules and Administration, which the clerk will state. The time on this debate - with regard to those acnvit_es. -is limited to 1 hour, to be equally- sec. 5. The select committee shall make a vided and controlled by the Senator from enal report- of the results of the in-se:stip.- Montana. (Mr. MANSFIELD) and the Sen- this resolution, together with its ffndtngs athr from Michigan (Mr. GarrPret). tion and study. conducted by it pursuant to ? and its recorereendationes ase to new congres- The Senate will be in order. . sional negtslation it deems necessary or de- The clerk will state the motion. sirable, to the Senate at the earliest practice- The legislative clerk read as follows: Me date, but no later than September 1, The Senator from Montana (Mr. MeNs- 3975. The select committee may also submit rreen) moves that the credentials of Louis to the Semite such interim reports as it cone G Wyman and John A. Durkin and all papers seders appropriate. After submission of its now on file with the Senate relating to the fanal report, the select committee shall have same be referred to the Committee on Rules tezee calendar months to elcee its entairs, and and Administration for recommendations on the expiration of such three 'calendar thereon. - . months shall cease to exist. Sac. 6. The exeenses of the select commit- ? Mr. P.IANSeae,LD. Mr. President, I ask tee through September 1, 1975, under this unanimous consent that the pending resolution shall not exceed $750,00 of which business be laid aside temporarily, so amount not to exceed 3100,000 shall be avail- that I may complete the work on the res- able for the procurement of the services of olution providing for the select commit- iedividual consultants or orgenleations tee, on which the Senate has just, ex- thereof. Such expenses shall be peed from the preseenl its approval. coatingent fund of the Senate upon vouchers The PRESIDrNG OFFICER. without t,por.-;ved by the chairman of the select cora- 1. . . ? . objection, it is so ordered. sze. 7. The select committee shall institute Mr. 1,,TANSietELD. Mr. President, may r.nd. ,:,.:ry cut such rules and procedures as we have order? it :nee: dee-:n necessary to prevent (1) the dis- The PRESIDING OFFICER. The Sen- cu-re, outside the select committee, or any ator from Montana has the floor. May we information relatiori to the activities of the have order in the Senate? Cer..;.ral Intellisence A3ency or any other Cepartment or agency of the Federal Govern- ment engaged In intelligence activities, oh- ? talnee by the select committee during the SELECT COMMIT latit, TO STUDY re....iree of its study and investigation, not GOVERN-MaNT INTELLIGENCE AC- reeeeerezed by the select committee to be . TIVITIES ? ease, ed; and (2) the chsclosurE.., outside the . continued with the con- 1 acel that the administration about tvalC2oalii)-dide 'ZIA RIDPfk3 ot2 ikt ? tolloca ds . 7.:.r.le?cit,ih.PPe_serCNO:,- a, ccitnirAlreft. s G, BO 3 u0700 WO ?documents. As you may be aware; the Senate Is to con- duct an investigation and study of govern- ment operations with, respect to intelligence- activities. The scope of the Investigation is set out In. S. Res. 21, a copy of which has been enclosed for your information. We are writing to request that you not destroy, remove from your possession, or con- trol, or otherwise dispose or permit the dis- posal of any records or documents which. - might have a bearing on the subjects under - investigation, including but not limited to all reeurds or documents pertaining in any way to the matters set out in section 2 of S. Ptea. 21. Sincerely yours, ? This letter is being directed to heads of 19 separate governmental units as listed here: . - ? JiLersteaz 21,1075. . ? Honorable William E. Colby, Director, Cen- tral Intelligence Agency, and as Coordinator of Intelligence- Activities, Washington, D.C. 20505. Lt. Gen. Daniel 0. Graham. Director, De-- fenee Intelligence Agency, The Pentagon, Washington. D.C. 20301. Honorable William B. Saxbe, Attorney General, Dept.. of Justice, 9th and Constitu- tion N.W., Washington, D.C. 20530. Mr. John C. Reeney, Acting Asst. Attorney General, Criminal Div., 9th and Constitution N.W., Washington, D.C. 20530. Mr. John R. Bartels Jr., Administrator, Drug Enforcement Administration, 1403 Eye St. N.W., Washington, D.C. 20537. Honorenle James R. Schleeinger, necretary of Defense, Ptoom 3E 880, The Pentagon. Waslaingten, DC. 20301. Honorable Howard H. Callaway, Secretary of the Army. Room 3E 718, The Pedatagon, Washington, D.C. 20310. Eon. J. W. Middendorf, Secretary cf the Navy. Room 4E 710, The Pentagon, Weehing- ton. D.C. 20350. Hon. John L. McLucas, Secretary of the Air Force, ROSSI 4E 871, The Pentegon, Wash- ington. D.C. 20030. Lt. Gen. Lew Allen Jr., Director. Netional Security Agency, Fort George G. Meade, Maryland 20755. "Approved For Release 2000/09/03 : ClArRDP83B00823R000760040044-9 - :7anutiry 27, 1975 CONGRESSIONAL RECORD?SENATE, S 91) . et cetera, applies as well to all agencies and subagencies concerned but not spe- cifically singled out. The task faced by the select commit- tee which the Senate has just established is to examine into the intelligence ac- tivities of the U.S. Government. No more important responsibility to the people of the Nation can be assumed by Senators than membership on this committee. What is asked of them, in the name of the Senate, is to probe fully and to as- sess completely, to understand thorough- ly and to evaluate judiciously. To the ex- tent that. the intelligence agencies have . acted correctly and within_ the law, that must be made known. If there have been abuses, they, too, must be set forth. There can be no whitewash in this-inquiry; nor is there room for a vendetta. In the end, 'the Senate must know what has trane spired so that it may seek to close legal loopholes if there are any: In the end, we must know so that together with the House and the President; we may move to foreclose any demeaning of the basic premises of a free society. What is at stake in the work of this committee is a resolution of doubts. What is at stake is a restoration of confidence in a large and costly and little known segment of the Federal Government. The Senate must be satisfied that the intelli- gence community is doing the people's business, to the end that the Nation may be vrith assurance so advised: The Sen- ate must be perSuaded that what is be- ing done in the name of security under a cloak of obscurity is the people's busi- ness, as defined; not by employees of a Government agency, but the people's business as defined by the Constitution and the laws duly enacted thereunder. The committee is called on, further- more, to elucidate for the Senate the relevance of the intelligence commu- nity as it now operates to the Nation's contemporary needs. We need to know what may be required, today, not what might have seemed necessary yesterday. The fact that a commission is looking Into the CIA is all to the good; the re- sponsibility of that group is to the Presi- dent who created it. Its existence in no way relieves us of our responsibilities. It is appropriate and proper at any time that the Senate so determines, to inquire into any agency and, as necessary, to seek to clarify and redefine its functions and the scope of its activities. One aspect of the impending inquiry concerns covert activities. Thsee activ- ities have been acquiesced in, to say the least, by the Congress for a long time. No one should be surprised or appalled, therefore, to discover their existence a quarter of a century later. In recent years, however, the extent and necessity for them have come under question. Who sets the policy and why? What obtuse intrusions may there have been by these activities into the President's conduct of foreign affairs? 'What indifference, if any, to the laws passed by the Congress? What damage, if any, to the demeanor of the Nation? What interference in the personal lives of Americans and by whose authority and under what guidelines? What public funds have been committed and to w itbffs'i64dtrdijiketierlage activities and how Much overlap and duplication? It used to be fashionable, Mr. Presi- dent, for members of Congress to say that insofar as the intelligence agencies were concerned, the less they knew about such questions, the better. Well, in my judgment, it is about time that that at- titude went out of fashion. It is time for the Senate to take the trouble and, yes, the risks of knowing more rather than less. We have a duty, individually, and collectively, to know what legislation en- acted by Congress and paid for by ap- propriations of the people's money has spawned in practice in the name of the United States. The Congress needs to recognize, to accept and to discharge with care its coequal responsibility with the - Presidency in these matters. The Senate has begun to address itself to these questions by approving the cre- ation of this select committee. There is a need to understand not only the pres- ent intelligence requirements of the United States but also what systems or procedures for oversight and account- ability may be required to keep them within bounds set by the Constitution, the President and the elected Repre- sentatives of the people in Congress. Wisely, I believe, a special committee for handling the investigation has been established by this action today. The scope of inquiry is far larger than can come, within the purview of any single committee. Hopefully, within the select cominittee, the pieces?all of the pieces? can, be fitted together. May I say that in- sofar as the Senate is concerned, I think this action expresses the expectation that the matter will be concentrated in this one committee. In my judgment, it Would be most inappropriate for a bevy of studies of intelligence to proceed simultaneously in several others. May I say, Mr. President, that this in no way conflicts with the legislative jurisdiction of the legislative committees so charged. The select committee is equipped with a bipartisah membership. The Senators . who will be selected for service on this committee are no different than the rest of us. They are not tied with a bine rib- bon or a white or pink ribbon. There is no higher or lower order of patriotism in the Senate. There are no first- and sec- ond-class Senators. Those who will serve are men of competence, understanding, and decency. They will do the job which the circumstances and the Senate re- quire of them. The committee has been equipped with full authority to study, to hold hearings and to investigate all activi- ties?foreign and domestic?of the intel- ligence agencies of the Federal Govern- nient. In the pursuit of that mandate, I have every confidence that the commit- tee will act with discretion, with re- straint and with a high sense of na- tional responsibility. There is no cause and inclination to pursue this matter as a Roman circus or a TV spectacular. There is only the need to see to the sober discharge of very sober responsibilities. How the committee proceeds is largely rules and to define their procedures, and .. that would include the question of when to close or open the door to the use of television. As I have indicated, I would not anticipate any great requirements for the latter at this time. Most emphat- ically, I would express the hope, too, that committee staff would. be selected with as much concern for discretion as for other. qualifications. What comes to the public .from this committee and when, ought to be solely?I stress the word "solely"--determined by the Members of - the committee. ? ? ? The Senate is entrusting this commit- tee with its deepest confidence. I know . that that trust is secure and that the re- sults of the inquiry will reflect the high- est credit on this institution. I submit to the Chair the names of those assigned to- the Senate Select Committee To Study Governmental Operations With Respect to Intelligence Activities and ask that,: they be read and Ido so on behalf of the. distinguished. Republican leader and myself. . The PRESIDING Oa reCER. The clerk will read the nominations. - ? The assistant legislative clerk read as Senators Church, Hart of Michigan, Mon- dale, Huddleston? Morgan,. and Hart of Colorado. - Mr. MANSFIELD. The' Republicans also. ? The assistant legislative clerk read as follows: Senators er, Tower, Bak, Goldwater, Mathias, and Schweiker. SENATOR FROM NEW CR-M ate continued of the credenti U.S. Senator mpshire. DDING 0 sprEr.b. bar. the regillar o ING 0 e Mansfield m ator from Mino -The S sideratio ants to of New The yields ti Mr. we back The P back on t The Se :4 ite ? RESOL - DEA JOHN NOIS Mr. P Chair to 1 from the The PR will read The as follows: Resolved profound- s abls John from the S Resolved, of thy Hou ate as may fu the nera Resolved, House be . such steps up to the members of the committee. IcinaffitiOS tlAtlikplft3 1?0 ii;1141615r 0 8 11 with til of the roma th Ceat. Preside er of bta CM. lion, Is reca ON RELA .OF REP . ELUCZYN TO con- - State Who t, are Mess? Pc are zed. THE " . " ttla CY. Mr. Presi St before the 5 ouse on H.R. SID/NG OFFI e message f stant legislativ That the House rrow of the des. . IClu=yuski, ate of Illinois. That a commute , with such Me e joined, be app at the Sergeax thorized and ? may be nece sions of these 1. 404 OF ant, I am 7. R. Th m the clerk re has hear of the Represen the sage clerk ouse. d as of 65 Me. sets of th kited to a at Arms acted to my for ca. esolutio ritti nor- ative bers Seta- tend the take log and .9. connition- d. Fo*r."Re- January...0,059Yg through a government ? organization call Women,. Infanta, Children.. Supplement feeding is being provided under careful med cal supervLsion. for 635.000 women and oh d e The origins of President Ford's proposal to boost the cost of food stamps to. the 'poor are cloudy. Tho tendency is- to blame that popular villain, Secretary of Agriculture-Earl Butz whose department has the. say-so on food and nutrition. A candidate given credit by those in the know is Roy L..Ash,. director of the Office of Management and 'Bud;et. But the President took it and, short of action by Congress, his order will prevail. ; -? ?-? . ? ? - ? ? . CRIMINALACTrTITIES OF alit: CIA (Ms: HOLTZMAN asked and was given permission to extend her remarks at this point in the RECORD and to include ex- traneous matter.) Ms. HOLTZMAN. Mr. Speaker, today I am resubmitting, with ?24 cosponsors, a resolution of inquiry calling on the President to disclose to the House Judici- ary _Committee all information' he has regarding possible criminal acts commit- ted by the Central Intelligence Agency; I originally submitted this resolution on behalf of Congressman JOHN BIIRTON and myself at the beginning of this Congress! The- resolution has been.referred to the. Judiciary. Committee. ? ? -'? - ? ?-? Our resolution is narrowly focused.: It does not inquire into the CIA's adherence to or-violation of its -own charte7. Other legislative. proposals will?and should deal:with. those .questions. Rather, the resolution.- is concerned:with the extent to which- the CIA, has engaged sur- reptitious entry,. burglary, intercepting mai12::wiretapping and 'electronic -sur- veillance riot pursuant to court order, and 'maintaining flies on U.S. citizens- thereby engaging in the violation of Fed- eral criminal statutes:. ? .? ? : Tile Judiciary, Committee his over- sight responsibility for the enforcement ' of our Federal criminal laWs. The recent allegations regarding- the CIA make it - imperative that the -committee- deter- ? Mine whether the existing laws are them- selves ? Sufficient to 'deter. Government agencies from Violating the laws and- abusing the-rights of citizens. *,????????.... ?:' -?,' Allegations of high-handed and crimi- - nal-behavior?by the CIA are a very seri- ous matter:. Surely one of the -Principle,- ? on which our system is based is that no-.? body is above the law?not the President and not the CIA. It is imperative that ? agencies of Government, as well as Priv- ate citizens, be made to abide by our iSa439119P8 - WHO BIM THE PEOPLE -WHO SEER ? TO DESTROY' US WILL BENEFIT FROM- -COMPROIVITRING ? AND IN- TERFERING WITH CIA?.. " (Mr. sru-Fs asked and was given per- mission to extend his- remarks at this point in the REcoaa and to include ex- . traneous matter.) ? : -. ? -- Mr.? SIKES. Mr. Speaker,, on the .22d . of .. December, the New :.;york ' .Times charged. .that our foreign., intelligence service, the-CIA, "directly -violating Its charter, conducted a massive-illegal do- mestic intelligence, operation." ? ? ? -- Even though in the ensuing Contraver- sy a Presidential commission was. a13- Pointed and congressional committees are lining up to investigate the charges, it is already? abundantly clear that the. activity which is under attack and which may have been used purposely to stir up. - the fuss:- ? . ? , ? - . ? Was not a domestic operation; ? . Was not in violation. of CIA's charter; and . ? -? ? - - ? ? . .??. ? ?????? Was not illegal. ' The Director of Central Intelligence.:. Mr. William E. Colby, has flatly denied in -- sworn testimony given to congressional- committees, this New York Times alle- ? gation. ? ? . _ Mr: Speaker, the essential facts .hiire already been well-publicized: . CIA was asked, starting in- 1967. tO- heln.;determine if - an-ti-American- for- eign elements were 'exploiting dissident movements within the United States; Likely targets of such exploitation, in- dividuals and organizations, were identi- fied in leads supplied mostly by. the FBI; CIA's 'job- then was-to -report back to the FBI or other appropriate authbrities on their...,foreign travel?where they Went,. who ...they savi. mhat they did abroad.. -? ? - :':- ? 7 ' Mr.. Speakerj submit that- the foreign aspect of this situation fits- foursquare within the CIA's- foreign ? intelligence- ' charter?there simply is no other Fed- eral agency intended for or Capable of job of intelligence collection abroad: - In fact, failure to carry out such an as-- signment would be tantamount ton d ? eliction of duty. -1 ? ,:-., ? - - . Now. it is clear, Mr. Speaker;.thai 1-.1-1;51 . Intelligence collection program. 'abroad * has either been misunderstood or some- one has been the victim of intended dis- tortions, But to confuse matters--further, someone has lumped together with this program several undertakings within the United States?activities anyone is free to either applaud or deplore?designed to protect intelligence sources and meth- ods?an obligation Imposed upon the Di- rector of Central Intelligence by the Na- tonal Security Act of 1947. Mr. Speaker, I am one of .those privi- leged to sit on the Appropriations Com- mittee which considers, evaluates and rejects or approves CIA's budget. I know how costly some of our intelligence col- lection systems -are. I am aware that countermeasures can deny us the bene- fit of vital information. I am aware of the threat to the safety of individuals I urge my colleagues- to support this resolution when it comes to the floor. . The 24 cosponsors of the 'resolution are: MS. ASZLIG, Mr. BA:3=LO, Mr. BAUM% Mr. BROWN of California, Mr. Convras, Mr. DE:LLITMS, Mr. FORD of Tennessee, Mr. HARRINGTON, Mr. HA-INK/NS, Mr. HELSTO-, SKI, Mr. JENRETTE:, Mr. Kon, Mr. MET- CALFE, Mr. MITCHELL of Maryland, Mr: RANCEL, Mr. RICHMOND, Mr. ROSENTHAL, Mr. ROYDAL, Mr. SOLARZ, Mr. STARK, Mr., STOKES, Mr. WAXMAN, Mr. WEAVER, and CIIARLES H. Witson of California. 23R000700040044-9' - ? -1133i who collaborate with CIA, if their ? se- erets are compromised. Therefore, I am - going- to err,- if I must, on the side of ? zealousness in protecting these matters. .. But, Mr. Speaker, I also believe in con- gressional oversight and the checks and balances of our constitutional system. I am aware that the CIA ? is specifically----: proscribed from internal security func- tions. If someone has evidence that CIA - has disregarded this limitation, I want to know. I am in a situation where such - matters can be discreetly explored and- corrected if need be. ? . This Nation has been ? fortunate to have had a distinguished succession of ? Directors of Central Intelligence?Mr. ' Colby, Mr. Schlesinger, Mr. Helms, Ad- - miral Reborn, Mr. McCone, Mr. Dulles, to name some. They are dedicated men? . dedicated to our Nation, the need for ob- jective intelligence. They have been served by equally devoted professionals within CIA who helped give us the type :of intelligence product which: possible --treaties. on nuclear weapons, SALT; ?-? Monitored crises; - ? - ? Saved the Nation literally hundreds of millions of dollars by accurately assess- ing the force structure against us; and . - Forestalling miscalculations by - our own leaders. Mr. Speaker, such people are the pre-: . servers of our system, not its destroy- ers. Let Us not,, in the aftermath of all that we have gone through these _re- ?cent years, indulge ourselves in an enao- tonal binge-which could conceivably un- dermine that one Institution in our Fed- eral structure which is assigned the es- sential task of giving us the unvarnished truth about the world- around us.-'Let ? us remember, institutions after all are:. only the length and breadth of the shad- ows of those who work within them. Let us not now unfairly- besiege and be- leaguer those who have served so well. Let us give them the tools and the over--- sight they deserve and need. Who. but ' the people who seek to- destroy us will '- benefit .from - compromising and' -inter- fering with CIA??? ? ? .? - ? - ? - -??= _ - - WRO WILL AWARD DAMAGES TO . . THE VICTIMS OF THE MAY -DAY DEVIONSTRATION? .? ?(Mr.? SIKES asked and was given per- Mission to extend his remarks at this point in the RECORD and to include ex- traneous matter.) '? . ? . Mr. SLICES. Mr.. Speaker, one of .the more ridiculous court actions of recent _ times is an award of $10,000 each to law- breakers who sought to shut down our country. Nevertheless, that is what has happened in the ? case of 1,200 demon- strators who were booked by police in Washington during the May Day in- vasion of the Capital in 1971. it-is to be hoped that a. higher court will overturn this absurd decision. When: the demonstrators came to Washington vowing to shut down the Capital City and the Government of the United States, they came here deter- Approved For Release 2000/09/03 : CIAARDP83B00823R000700040044-9 ? ?