Congressional Status Report

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00506R000100190019-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 9, 2016
• Document Release Date: July 28, 1998
• Sequence Number: 19
• Publication Date: November 15, 1974
• Content Type: MFR

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15 November 1974
MEMORANDUM FOR THE RECORD
SUBJECT: Congressional Status Report
1. The current session of Congress has dealt with a
number of proposed bills and amendments to bills that affect
the Intelligence Community.. Following is a summary of these
bills and amendments, their:current status, and a "best-
guess" on their futures. The Sections. on Covert Action and
Legislative Oversight were prepared by the Legislative
Counsel's office.
2. Protection of Intelligence Sources and Methods
SUMMARY:
The proposed legislation grants to the Director of
Central Intelligence the authority to issue rules and'regula-
tions limiting the dissemination of information related to
intelligence sources and methods of collection. It provides
criminal penalty for the disclosure of such information to
unauthorized persons. Such penalties would be limited to
those persons given access to the information by virtue of
their relationships with the Government, such as officers,
employees, contractors, etc.
In order to provide adequate safeguards to an accused
,
to prevent damaging disclosures during the course of prose
cution, and to prevent prosecution with. respect to informa-
tion unreasonably designated, the legislation provides for
in camera review by the court to review the reasonableness
of the designation for limited distribution. It also provides
for injunctive relief in those instances where unauthorized
disclosure is threatened and serious damage to the intelli-
gence collection effort would result.
This legislation, if enacted, would provide the Director
of Central Intelligence with legal sanctions to enable him
to implement his responsibility under the National Security
Act of 1947, as amended, to protect intelligence sources and
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methods. At the same time, the legislation recognizes
American standards of maximum feasible freedom of information
and protection of individual rights.
This legislation was sent to the Office of Management
and Budget in January 1974? It has not yet been cleared for
submission to the Congress. The DCI will submit the proposal
to President Ford for possible inclusion in the President's
legislative program.
3. Amendments to the National Security Act of 1947,
as Amended.
SUMMARY:
Senator Proxmire on June 3; 1974, introduced an amend-
ment to the Department of Defense Appropriation Authorization
Act that would have amended the National Security Act of
1947 in a number of ways affecting the Intelligence Community.
One of these was to add the word "foreign" to modify the
word "intelligence" whenever it appears in the Act. Mr.
Colby had suggested such a clarification of the Agency's
intelligence responsibilities and supported this measure.
After a lengthy floor debate a modified version of the
Proxmire amendment was passed which included this provision
and also repeated the prohibition that keeps the CIA from
carrying out within the U.S. any police, law-enforcement, or
internal security-type mission or from participating in any
illegal activity within the U.S. These provisions accorded
fairly closely with a bill proposed by Senator Stennis and
supported by the DCI, except that the final provision seemed
both gratuitous and insulting.
A similar bill is under consideration in the House
where. Chairman Nedzi of the Subcommittee on Intelligence of
the House Committee on Armed Services has held hearings,
which were very sparsely attended.
STATUS:
The Proxmire amendment to the National Security Act was
dropped during the House-Senate conference on the Defense
Appropriations Authorization Act. Senator Stennis has
agreed to hold hearings on a clean bill, but no action is
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likely this session. Chairman Nedzi will determine what
further action may be feasible this Congress after Congress
returns on 18 November.
4. Freedom of Information At Amendments (HR 12471)
SUMMARY:
The principal objection to this bill from the point of
view of the Intelligence Community is that it amends the
exemption in the original. law granted for Q1secret national
security or foreign policy information." The new provisions
make it possible for a judge to conduct an in camera review
of contested documents to determine whether they have been
properly classified. The legislative history of the bill
and the floor debate in both houses add that judges are
expected to. give "weight" to affadavits submitted by agency
and department..heads.cert:ifying that the requested informa-
tion is properly classified. This, of course, does not
preclude a judge from satisfying himself by examining the
contested documents, in effect substituting his own judgment
for that of the DCI. This .__raises__the_ specter of Federal
district judges across the country perusing any classified
documents that might be requested by citizens -- or. even
foreigners -- exercising their rights under the Freedom of
Information Act._ Should such a review result in a judicial
decision to force the_DCI to release classified documents,
it could well cause the loss of critical intelligence sources.
It would also result__j..n a direct conflict. with the DCI's
statutory responsibilities to protect intelligence sources
and methods.
Congress passed this bill and sent it to the President
on October 7. He subsequently vetoed it. The wide margins
............
by which it passed both houses, however, makes it likely
_tfia _. the veto will be overturned, although there is some
slim hope that the Senate may sustain it. President Ford
has submitted remedial language for incorporation in a
revised bill in the hope that an up-or-down vote on the veto
can be avoided in the Senate, and instead that a compromise
can be adopted.. Strategy in the next few. weeks will be
critical on this issue. If the veto is overturned, a test
case would be likely to arise as soon as the 90-day waiting
period has expired.
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5.
The Right of Privacy Bills (5.3418 and HR. 16373)
SUMMARY:
These bills are aimed at broadening an individual's
ability to have access to files maintained on him by the
Government. An exemption has been granted for information
dealing with national security and foreign policy. However,
another section of the bill (Sec. 553, Title V). is in conflict
with this exemption because it mandates that agencies must
hold opening hearings on "rule-making," i.e., any rules or
regulations at all. This is clearly aimed at regulatory
agencies, but the language in the bills is not specific.
S-3418 is scheduled for floor debate after the election.
recess. Senator Ervin may, if he chooses, introduce "'technical
amendments" to the reposed bill and grant the CIA an exemption
f'rommost of the bill, including rule-making. The House
billYis scheduled for debate immediately after recess as
well, and. Congresswoman Abzug intends to introduce an amend-
ment to knock out all of the Agency's exemptions. This is
almost sure to be resoundingly defeated. The two bills
differ sufficiently so that the conference committee will
have considerable latitude in working out changes. The main
effort will be to avoid a major floor debate on the CIA
exemptions and then to work out language that is acceptable
in the conference committee, either for inclusion in the
legislative history or in altered wording. (Note: The
General Counsel has been queried whether we even need to
oppose rule-making at all. It is possible that a one-time
pro-forma complaince would be all that is needed..)
6.
Open Budget
SUMMARY:
Senator Proxmire introduced an amendment to the Defense
Appropriations bill (S.3000) that would have required the
Director of Central Intelligence to submit an unclassified
report each year to the Congress disclosing the total national
intelligence program budget. The argument against the
amendment. was based on the-reasoning that disclosure of the
overall figure was meaningless if the component parts of the
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budget were not released and would only lead to additional
requests for more detail. Moreover, disclosing'this figure
would~_."---over several
years, reveal trends in-intel_igence
spending of value to our adversaries.
This amendment was defeated on June 4, 1974, by a vote
of 33 yeas and 55 nays. G3ven Senator Proxmire's continuing
interest in this matter, the issue is very likely to come up
again in the next session.
.7. Electronic Surveillance and National Security
Wiretaps S.2 20
SUMMARY
This bill would require judicial approval of all
national security wiretaps and electronic surveillance.
This specifically would include the President's authorization
of such measures to obtain foreign intelligence. The bill's
principal sponsor, Senator Nelson, argues that warrantless
wiretapping violates individual rights under the 4th Amend-
ment to the Constitution. The bill is adamantly opposed by
the Attorney General on the grounds that it is an encroach-
ment on the President's inherent constitutional authority to
engage in wiretapping, without a warrant, in matters of
foreign intelligence as part of his constitutional charge to
defend the nation.
The Senate Judiciary Subcommittee on Criminal Laws and
Procedures held hearings on the bill (and other subcommittees
have had hearings on similar measures). Additional hearings
may take place, but the strong opposition to the measure by
very senior senators (particularly Senator McClellan who
chairs the Subcommittee) indicates that no action will occur
in the near future.
8. Classification System Revisions (HR 12004)
SUMMARY:
This bill would replace the existing classification
system established by Executive Order 11652 with a statutory
classification system. The bill, as drafted., would severely
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LOP
conflict with the DCI's responsibility to protect sources
and methods. It would require that all SECRET and CONFIDENTIAL
information be declassified in two and one years, respectively.
Much intelligence information would not meet the standard
set for TOP SECRET, which in any case is declassified after
three years. No intelligence service could operate if
sources knew their information would become public knowledge
in one to three years. Moreover, a proposed Classification
Review Board could override even a Presidential justification
that continued safeguarding was essential. The bill also
raises cover problems by mandating that each agency furnish
the names and addresses to a Review Commission of all people
authorized to classify.
Mr. Colby has testified against the bill at hearings
before the House Foreign Operations and Government Information
Subcommittee. The bill is back in the subcommittee for
review and revision and will not be scheduled for mark-up this
session. A clean bill will be introduced in the next Congress,
opefully containing the needed modifications for protecting
intelligence sources and methods.
Congressional Proposals on Covert Action
and Legislative Oversight
COVERT ACTION
a. Abourezk Amendment
SUMMARY:
Senator Abourezk introduced a floor amendment to
the Foreign Assistance Act (S.3394) which would have
prohibited funds being used by any U.S. Governmental
agency to carry out any activities which would violate
or encourage violation of the laws of theU.. or the
country involved. Excluded were activities necessary
to national security which were intended solely for
intelligence collection.
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Defeated on Senate floor on October 2 by a vote of
68-17. Senators Humphrey, Stennis, Goldwater, Case,
Baker, and Symington spoke against amendment.
Hughes Amendment
SUMMARY:
Senator Hughes also introduced a floor amendment
to the Foreign Assistance.Act (5.3394) dealing with
covert operations, but much less restrictive than
Senator Abourezk's. It would bar funds.-for covert
operations (defined to exclude intelligence gathering).
unless the President finds the operation to be vital to
the defense of the U.S., and transmits a report of his
findings,.with a description of the operation, to the
Congressional intelligence oversight committees. These
procedural safeguards would be eliminated during a war.
STATUS:
The amendment was accepted by Senator Stennis and
passed on October 2 by voice vote. However, later on
October 2, the entire Foreign Assistance bill was
recommitted to the Foreign Relations Committee. The
recommitted bill is still in Committee.
c. Holtzman Amendment
SUMMARY:
Ms. Holtzman introduced a House floor amendment to
the 1975 Continuing Appropriations resolution (J.J.
Res. 1131). The amendment would have banned the use of
any money appropriated under the joint resolution for
use by CIA to "destabilize" or undermine any government.
STATUS:
Representatives Mahon, Cederberg, Rhodes, Hunt,
and Conlan spoke against the amendment, which was
defeated 291-108 on September 24.
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d. House Amendment to the Foreign Assistance
Act (Sect-ion 27 )7 )
On October 10 the House Foreign Affairs Committee
reported for floor action its version of the Foreign
Assistance Act amendments (H.R, 17230. Included was
a section patterned after the Hughes Amendment. This
provision bans operations in foreign countries, except
intelligence collection, unless the President finds the
operation to be important to the national security, and
submits a timely report describing the operation to
Congress. The report is to go to the "appropriate
committees" of the Congress, specifically including the
foreign affairs committees. The provisions are to be
suspended during a war.
STATUS:
This bill has not; yet come before the entire
House.
10. OVERSIGHT
There are three distinct approaches in this category:
bills which attempt to supplement (A below), supplant (B
below) or, study (C below) existing oversight procedures.
A. Supplement
1. Bolling-Hansen House Committee Reform Amendments
SUMMARY:
Representative Zablocki introduced a floor amendment to
the Committee Reform Amendments. Zablocki's amendment added
to existing procedures by providing the Foreign Affairs
Committee a special.oversight function of reviewing and
studying "intelligence activities relating to foreign policy."
Nedzi made a floor statement in support, stating that the
Zablocki amendment conformed to the agreement between Dr.
Kissinger, Mr. Colby, and Chairmen Hebert and Morgan. The
earlier language which would have given Foreign Affairs
jurisdiction over military and foreign intelligence was
dropped.
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The Zablocki amendment passed by voice vote, and the
entire Committee Reform Amendments were agreed to by the
House on 8 October.
B. Supplant
1. Baker/Weicker bill (S.4Ol9)
SUMMARY:
This bill, introduced with much fanfare, would create
a Senate-House Joint Committee on Intelligence Oversight to
supplant Armed Services Committee jurisdiction. The Committee
would have 14 members, appointed by the leadership; and the
chairmanship would alternate between the House and Senate
for each Congress. The jurisdiction of the Committee would
extend to CIA, FBI, Secret Service, DIA, NSA and all other
governmental activities pertaining to intelligence gathering
or surveillance of persons. Chiefs of all named departments
would be required to keep the Committee fully and currently
informed of all activities.
Referred to Committee on Government Operations; hearings
are planned after the recess.
2. Harrington, Resolution (H.Res..552)
SUMMARY:
The resolution would create a new House Committee on
the Central Intelligence Agency and terminate existing CIA
jurisdiction in the House Armed Services Committee. The
proposed Committee would consist of five members of Armed
Services, five members of Foreign Affairs, and five other
House members.
STATUS:
Referred to House Rules Committee; inactive
Harrington Resolution (H.Res.1231)
SUMMARY:
This resolution would create a new House Committee on
Intelligence Operations, consisting of five members of Armed
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Services; five members of Foreign Affairs, and five members
of Appropriations. This Committee would have jurisdiction
over the entire Intelligence Community and all matters
relating to foreign intelligence.
STATUS:
Referred to House Rules Committee; inactive.
4. Senator Hathaway's Joint Committee on Informa-
tion and Intelligence
SUMMARY:
This resolution would create a Senate-House Joint
Committee which would have oversight of CIA and all other
intelligence and information agencies of the U.S. Government.
STATUS:
Referred to Armed Services Committee; inactive.
C. Study
1. Mondale Resolution (S.Res.404)
SUMMARY:.
This resolution would create a Senate Select Committee
on Intelligence Policy, composed of five members of Armed
Services, five members of Foreign Relations, and five other
Senators. The Select Committee would be authorized to
examine U.S. intelligence policies and operations, to determine
the role of intelligence decision-making, and evaluate the
impact of intelligence on national security and foreign
policy. The Committee is to report to the'Senate by June
30, 1975.
STATUS:
Referred to Armed Services Committee.
2. Mathias and Mansfield Resolution (S.Res.419)
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This resolution would create an eight-member (selected
at-large) Select Committee to Study Governmental Operations
With Respect to Intelligence-Activities. Committee is
instructed to study and investigate all domestic and foreign
intelligence activities of the U.S. Government and past
effect and future role of such activities. Report due two
years after enactment.
Referred to Committee on Government Operations.
3.
Humphrey bill (5.1547)
SUMMARY:
This bill would create a Joint Committee on National
Security, consisting of the Speaker, majority and minority
members of each House, the chairman and ranking minority
members of the Armed Services, Appropriations, foreign
affairs, Joint Atomic Energy Committees, three other Repre-
sentatives, and three other Senators. Functions of the
Committee-are to study foreign, domestic, and military
national security policies, study National Security Council.,
and. study Government classification practices, and report
periodically to each House on the Committee's findings.
Inactive. Bill recently transferred from Armed Services
to Government Operations at Humphrey's request.
4.
Harrington Resolution (H.Res.1232)
SUMMARY:
This resolution would authorize House Committee on
Foreign Affairs to conduct a complete investigation of CIA.
Referred to Committee on Rules; inactive,
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This resolution would create an eight-member (selected
at-large) Select Committee to Study Governmental Operations
With Respect to Intelligence Activities. Committee is
instructed to study and investigate all domestic and foreign
intelligence activities of the U.S. Government and past
effect and future role of such activities. Report due two
years after enactment.
STATUS:
Referred to Committee on Government Operations.
3. Humphrey bill (S.1547')
SUMMARY:
This bill would create a Joint Committee on National
Security, consisting of the Speaker, majority and minority
members of each House, the chairman and ranking minority
members of the Armed Services, Appropriations, foreign
affairs, Joint Atomic Energy Committees, three other Repre-
sentatives, and three other Senators. Functions of the
Committee are to study foreign, domestic, and military
national security policies., study National Security Council,
and study Government classification practices, and report
perodically.to each House on the Committee's findings.
Inactive. Bill recently transferred from Armed Services
to Government Operations at.Humphrey's request.
4. Harrington. Resolution (H.Res.1232)
SUMMARY:
This resolution would authorize House Committee on
Foreign Affairs to conduct a complete investigation of CIA.
STATUS:
Referred to Committee on Rules; inactive.
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