approved for .
o
MEMORANDUM FOR: Morning Meeting Participants
Attached fcr your*informationopy of the House Select Committee on Intelligence (HSC)entitled "RecoTinendations of the Finallso attached for simplified referenceummary of these recommendations, portions of which wereto addressees approximately two weeks ago.
The recommendations are listed onf tho HSC publication. The remainder of theage publication, devoted to separate commentaries andf individual HSC members, is worth your perusal as itide range of opinion on the future of intelligence among the individual members
hief, Review Staff
Attachments:
Summary Of.
House Select CpjatUtge Cn Intelligence
A. Form House Standing CoiHi.iit.tee:
Membership -
Sroad representation
political ratio as House
ion
designate members in consiiltati
with minority leader
member may serve no more than
5 consecutive ternstaff member re strictedears
Disclcs-r* Penalties -
Staff who disclose classified
information subject to immediateplus criminal and civil action
Subpoena Power -
tosted with subpoena
power without House authorization, provided Committee has so designated by resolution
Jurisdiction -
all legislative and oversight
functions relating to. Agencies and Departments engaged in foreign and domestic intelligence
- for all intelligence budget
authorization
Exclusive - for all covert actions
All remaining oversight functions -
concurrent with other House Committees
of Information
House Rules follows:
"Sach Committee keep complete recordstestimonies in open and executive session." (Note: Amendment abridged)
nay release with or without ex-
ecutive consultation any classifiedor documents In its possession or control by majority vote of Committee members.
Committee votes againstonuaittee
member may apprise other House members* arrange access to information providing sember signs agreementith petition signedouse for disclosure, entire House will convene in secret session to be informed and vote on release of information.
Rules be revised to provide for censure
xpulsionote of any Houseling classified information whichnational security.
Action
all assassination attempts and all
paramilitaryxcept in wartime.
ours of initial approval, following
required re: covert action.
notifyrovidere: nature, extent,probability success, costs.
certify in writing thatrequired protect National Security.
o. Committee to be provided with duplicate originals of written recommendations of eachommittee member (or successor group).
D. NSA
NSA - independent agency
Civilian control
Define role re: . citizen's
communications
E.. Budget Disclosure
intelligence related items be included as
intelligence expenditure in President's budget
total single sum budgeted for each
Intelligence Agency.
intelligence item part of another Agency/Depart-
ment budget identify separately as single item
Transfers Prohibited
transfer funds between agencies/de-
partments for intelligence activities.
fund reprogramming within agencies/
departments for intelligence activities unless specifically approved by Intelligence and appropriate committees Congress.
expenditures of reserve or contingency
funds for intelligence activities unlessapproved by Intelligence and appropriate committees Congress.
of Central Intelligence
separated from intelligence agencies to
coordinate and oversee foreign intelligenceliminate collection duplication -promote analysis competition.
nominate DCI with advice and consent
Senate.
duties and powers;
a. . foreign intelligence officer -supervise and control. agencies engaged foreign intelligence.
- National Security Council
no position or title inagency.
an Office of Inspectorall government and militaryforeign intelligence functionsreport allegations of misconduct individual organizations mayInspector General Staff.
to have adequate staff beNIE's and daily briefings of President.
upply toCommittees immediately
of all intelligence- intelligence portions ofto be submitted asof such budgets to DCI.
functions of foreign- eliminate duplication -performance andeport to Congress onleast annually.
comprehensive Inquiry intointelligenceeporton Intelligence within one year.
Full GAO Audit Authority
be empowered to conduct complete management
and financial audit all intelligence agencies
limitation on GAO by any executive (security)
classification system
oudit function specifically to apply to funds
presently expended on certification Agoncy Director alone.
- CI
c
A internal audit staff be increasca aim onplete access to CIA financial records.
Overseas stations auditod at least annually.
All proprietary and procurement mechanisms be
subjected to annual comprehensive review by CIA's internal audit staff.
J. Full Disclosure to Congress
existing legislation which restricts
Directors of Foreign Intelligence Agencies from providing full information to Congress to exclude Congressional Committees having appropriate jurisdiction.
K. New Foreign Operations NSC Subcommittee
ct to establish permanent Foreign Operations Subcommittee of NSC.
to have jurisdictionactivities. agencies except thoseto gathering of intelligence.
advise President oncovert or clandestineon hazardous collection activities.
member be required bysubmit individual assessment ofto President includingways of accomplishing goal.
chaired by Assistant tofor National Security Affairs
Assistant to President for National
Security Affairs DCI
secretary ofof
joint chief or btaxr ^balsadorfs) and assistantor the affected countries and
areas -
l. dia
abolish dia
transfer functions to cia and
assistant secretary'of defense (intelligence)
M. detailees
affiliation of detailees to other govern-
ment organizations to all immediate colleagues, and superiors.
S. assistant to president for national security affairs
fron holding any cabinet level position 0. restrictions on police training and relationships
foreign or military intelligence agency may
directly or indirectly train or. domestic police agencies.
contacts to be limited to circumstances
involving internal security or the normalof such police agencies.
p. media
u.s. intelligence agencies may not provide (financial) assistance. citizens or institutions in religious, educational, news media fields for cover purposes.
u.s. intelligence agencies not to covertly publish books or plant/suppress stories. news media.
q- restrictions on military intelligence
1. arsed services prohibited from covert activities
.
2. Clandestine activities against non-military citizens abroad prohibited...
R. Classification
Classification and regular declassification of information be subject of specific legislation.
warrant must issue",on probable cause.
before FBI informant or agent' infiltrate any domestic group or .association.
FBI Director tern of office no longer than two presidential terms.
Abolish Internal Security Branch, Intelligence Division, FBI.
Reorganize Counter-intelligenceincrease fron branch to division.
CI Division mission limited to investigating and countering foreign efforts.
Transfer all investigations of alleged criminal activity by domestic types to GeneralDivision.
Tie investigation of terrorist groups to specific violations criminal law within FBI jurisdiction.
Department of Justice determine when domestic political action group nay be targeted foras terrorists.
T. Inspector General For Intelligence
Establish independent office of Inspector General for Intelligence.
IGI have full authority investigate potential Misconduct in intelligence agencies.
3-. IG! have full access to all records and personnel.
Union Calendar
d Sewlon
Report3
RECOXOfENDATIONS OK THE FINAL REPORT
HOUSE SELECT COMMITTEE ON INTELLIGENCE
Rr THE
HOUSE SELECT COMMITTEE ON INTELLIGENCE NINETY-FOURTH CONGRESS
SECOND SESSION PLH60KT To
H.
A RESOLUTIONRLECT COMMITTER ON INTELLIGENCE TO CONDUCT AN INQUIRE INTO THEOPETI ONND OVERSIGHT OV THE lNTElJj-GBNCK COMMUNITY OF" THE UNITED STATES GOVERNMENT
led tn Hie Committee of tbe Wliole House on toe Slate of Ibe Uuloa aad onlered to be printed
aa. oovBRNxrfrr pkintino office
(
LETTER OF TRANSMITTAL
Sklbct Committee IsTraxiorwcB,
Hotee of ReprrsenSalieea,C.
Hon.IIxxkij.w,
Clerk ofhe Cap-Hot,.
Dnaa Mb. IIknsraw: Pursuant lo House Kisolutian 9fH,ewith please find the re-XMnaiendslkms of tho House Select Com--untogether with additionsl rocommendalions ofnpin, Han. Ronald Dellnma, Hon. William Lehman, Hon. Dale, Milford, Hon. Morgan Murphy, Hon. Janies Stanton, Hon. Robert McClory, Hon. David Trees, lion. Robert Kasfon, Jr. Please lila name.
Wry truly yours.
Onsnot, Chairman*
COMMITTEE RECOMMENDATIONS
odsx committee on iicraxraiwrx
I. The aelfct committee recommends that there betanding Commit tee on Intelligence of the House of
committee nwmbrrsbip shouldroadpolttical ami philosophical news.
committee ahoold consist of not more thanr teas thandesigntled by the Speaker in consultation with therepresenting approximately the same political ratio aaof ReprMMitatiTes.
c No member of the eoaimittee may serve moreontecutir* terms on (lie committee, and no member of the staff may serve moreearn.
past or current member of Ihe committee staff who shallwithout authorization of the committee, materials orobtained by tho committee shall be immediatelynd shall lie fully subject to criminal and civillegislative immunity.
committor, shall be vested with subpoena power and Khaliright to enforceroceeding for civil contempt itsthe IJ.S. District Court for the District of Columbia or anyofenr. jurisdiction, without authorisation fromthe committee has so designated by resolution. Timetan* "hall he given statutory standing to represent theany proceeding arising from the issuanceubpoena.
committee'sJurisdiction shall include all legislative andfunctions relsting to all UjS. agencies and department*foreign or dnmeatie intelligence. The committee shall haw exclusive
(U
jurisdiction for budget authorization for all intelligence activities and exclusive jurisdiction fen- nil covert action operations. All remaining oversight functions may be concurrent with other committees of the House.
B. rblkasd op isformatios
select committee recommends that mlefRules is amended to read as follows:
"Each committee shallomplete record of all committee action which shallopy of all reports, statements, and testimonyitnesses whether received in open or in executive session.'
committee shall have the right to release any informationin its possession or controloleajority ofof the committee under such terms and conditions asshall deem advisable. The committee, in making thewhether or not to release such information, shall have thenot the duty, lo consult with other agencies of thethe intelligence community or executive branch withany decision relating to the release of such heretofore secret
'"^'iTtneeveniegative vote by the committee on thecertain classifiedember of the committee maythe other Members of the House that the connmtt^ possesseswhich he believes ought to be made public. Otherthe House would then be authorized to have access to thatprovided they sign an agreement not to divulge theIf these other Members agree that this information ought topublic, they willetition attesting to that. Uponsignatured of one-fifth of the House, the House shall convenesession for the purpose of advising the entire membership ofof that information. The House may then vote to releaseto Uie i_
4 The select committee recommends that the rules ot the House, do revised to provide that any Member who reveals any classifiedwhich jeopardizes the national security of the United Mates may he censured or expelledwo-thirds vote of the House.
EKT ACTION
The select committee recommends that all activities invoU-uig direct or indirect attempts to assassinate any individual and allactivities shall be prohibited except in time of war.
The select committee recommends that as to other covert action by. intelligence component, the following shall be required withinours of initial
Director of Central Intelligence shall notify tliewriting, stating in detail the nature, extent, purpose, risks,of 8ucc*ss,end costsof: the operation.
President shall certify in writing to tho committeecovert action operation is requii'ed to protect the nationalof the United States.
committee sliall be provided with duplicate originalswritten recommendations of each member of theommittee or
U covert action operations shall be terminated no later thanwinths from the date of affirmative recommendation by theom-miUee or its successor.
D. AS AS INnKPXXUKXT AOtNCT
he select committee reconuoeniis that the existence of theSecurity Agency should be recocuiied by specific legislation nnd that each legislation provide for civilian control of NSA.it is recommended that inch legislationdefine the role of NSA with reference to the monitoring of communications of Americans.
x. nxBctoson or Btmorr totai*
he select committee recommends that all intelligence related items be included as intelligencen the President's budget- and that there be disclosure of the total single sum budgeted for each agency involved in intelligence, nr if such an itemart or portion of the budget of another agency or detriment that it bo separately identifiedingle item.
r. prohibition ormunvui
The select committee recommend* ihere be appropriateto prohibit any significant transfer of funds between agencies or departments in connection with intelligence activities.
The select commiUee recommend* there herohibit any significant reprogiaming ofithin agencies or department* in connection with intelligence activities without the specific approval of Ihe Intelligence Committee andcommittees of Congress.
S. The select committee recommend* there be appropriate legislation to prohibit any significant expenditure* of reserr* or contingency funds ui connection with intelligaooe activities without specificof the Intelligence Committee and appropriate committees of Cor
itigres*.
Diai.-roa oriyivu Hmvrr.
he select commiUee recommendsirector of Centralshall be created, separate, from any of Ihe operating orintelligence agencies for the purpose of coordinating andthe entire foreign intelligence communityiew to elimi-lating duplication in collection and promoting competition in analysis. Hie DCI shall be nominated by the rnknosnt with (he advice and consent of the Senate. This office shall have the following powers and (hi lies;
(a) The DCI shall be the chief foreign intelligence officer of the United States, and shall lie responsible for the supervision and control of ail agencies of the United Suites engaged in foreign intelligence,
he DCI shallember of the National Security Council.
(c) the DCI may notosition or title with respect to any other agencies of Government.
id) The DCI shall, along with such other duties, constitute an Office of Inspector General for all of tlie foreign intelligence agencies, including other agencies ofranches of the military which liove foreign intelligence functions. Such ugCU-cics shall have the obligation to report all instances of misconduct or allegations of misconduct to the DCI. This shall notimitation upon the respective agencies reporting to the DCI from maintaining their own Inspector General staff or similar body.
(e) The DCI shall have an adequate staff for the* purposesherein and be responsible for llie national intelligencemid dailv briefings of tlie President.
he DCI shall be lespoasible for the preparation of the national intelligence estimates and such reports shall beiately supplied to the appropriate committees of Congress on request.
iff) All budget requests shall be prepared by the agencies under the jurisdiction of the DCL As those parts of budget of tlie military services or components of Department of Defense, they shall bo submitted as an independent part of such budgets to the DCI-
(A) The DCI shall be charged with the functions offoreign intelligence agencies under its jurisdiction, thoorduplicataon, Uie periodic evaluation of Hie performance and efficiency of the agencies in question, and shall report Ioon the-foregoing at least annually.
(i) The DCI shallomprehensive inquiry into the causes of intelligence failures, including: inadequate collection tasking; analytical bias; duplication; unusahk technical; excessive comparUnentation; and witldiolding ofby senior officials, and report to the Committeeear.
Hi fcll gao Aunrr ArrrHoiurr
he select committee recommends that the General Accounting Office be empowered toull and complete management, as well as financial audit of all intelligence agencies. There shall lw no limitation on the GAO in the performance of these functions by any executive classification system, and the audit function of GAO shidl specifically apply to those funds which presently may be expended on certificationirector of an Agency alone.
I. INTERNAL WXANCIAL MANAGEMENT
I. The select committee recommends that the CIA internal andit staff bo increased and given complete access to CIA financial records, and that overseas stations be audited at least annually. It is further recommended that all proprietary and procurement mechanisms be subjected lo annual comprehensive review, by tho CIA's internal audit staff.
J. I'UIX DISCJjOSURB TO CONGRESS
lie select committee recommends that existing legislationSecurity Actd)restricting the
tors and heads of foreign intelligence agencies from providing full information to Congress should be amended to exclude committees of Congress having appropriate jurisdiction.
K. KBW FOREIGN OPERATIONS SUBCOMMITTEE or NSC
lie select committee recommends that the National Security Act7 be amended to provide for the establishmentermanent Foreign Operations Subcommittee of the National Security Council. The subcommittee's jurisdiction, function and composition shall be as follows:
(a) The Subcommittee shall have jurisdiction over allactivities. foreign intelligence agencies except those solely related to the gathering of intelligence.
he subcommittee shall advise the President on allcovert or clandestine activities and on hazardous collecting activities.
(c) Each member of the subcommittee shall be required by law to submit his individual assessments of each proposal to thein writing. The assessment should cover such matters as the likelihood of success, the benefits of success, the damage resulting from failure or exposure, tho risks against the potential benefits and alternate ways of accomplishing the goal.
(rf) The subcommittee shall be chaired oy tbe Assistant to the President for National Security Affairs and shall he composed of:
Assistant to the President for National Security Affairs;
Director of Central Intelligence;
Secretary of State;
Secretary of Defense:
Deputy Director for Intelligence Of CIA;
Chairman of the Joint Chiefs of Staff;
Thef there is one, and assistant secie-torics of state for the affected countries and areas.
li. UEl'BNSi: INTBIXIOENrE Aor.NCT
ho select committee recoiiunends that the Defense Intelligence Agency be abolished and that its functions be transferred to theSecretary of Defense for Intelligence and the CI A.
he select committee recommends that intelligence agenciesthe affiliation of employees on detail to other Governmentor departments to all immediate colleagues and superiors.
N. ASSISTANT rOB NATIONAL RBCDRITY AtYAIDShe select committee recommends that the Assistant to tha Presi-binet IoNjll0nv Soa"ityrohibited from holding any
t. domestic
The select committee recommends that judicial warrant must issue, on probable cause, before an informant or any other agent of tlie FBI may infiltrate any domestic group or association, whenof such group or association or its members is based solely on titleS5.
The select committee recommends that the Director of the FBIerm of office no'longerresidential terms.
The select committee recommends that the Internal Security Branch of the Intelligence Division be abolished and that thebranch be reorganized toull division named the Counter-Intelligence Division; that tho mission of this Division be limited to investigating and countering the efforts of foreigncroups and individuals against tho United States.
The select conuniUco recommends the transfer of allof alleged criminal activity by domestic groups or individual members thereof to the General Investigative Division.
The select committee recommends that regulations bethat tie the investigation of activities of terrorist groups closely to specific violations of criminal law within the investigativeof the FBI and that, charge the Department of Justice with determining when a. domestic political action group may betargeted for investigation of terrorist activities.
ecommendations or Hon. Les Arpik
All the hearings, nil tlie hassles and all the headlines should have underscored the fact that the Select- Committee really faced throe challenges:
how to banish abuses from tlie intelligence- system; how to controlerations; and
how to improve the intelligence product, tlie analyses for wluch wo spend so much money.
The committee hasumber of recommendations which go to tlie heart of these problems.
The establishment ot an Independent Inspector General forwill provide an office designed exclusively to liawkeye thecommunity and see that it is adhering to the law.
Tlie institutionalizationuccessor to theommittee willsystematic direction of covert operations by Hie executive branch for the lirst time.
And creationore powerful director of central intelligence will for the first time give one man the authority to whip the manyfiefdoms into line and eliminate the duplication and waste that the committee found to be rif e.
I think that there is more that we could liave doneave two additional proposals.
The select committee suggestedtanding committee beof an approved covert operation withinours after its ap-
l.
ave proposedtanding committee be informed of covert operations before they are approved by the President. The standing committee or oommittees should not have veto power, but the committees, or their members individually, should have theto make their views known to the President.
Noumber of members would simply writeist of reservations to cover themselves in case an operation went wrong. Buthat bad* Itood idea to have advice reaching the Presidentew people whoias for negativism. There is too much me-tooism in the executive branch already.
Furthermore, if the members of the newommittee knew that Congress was part of ihe consultative process, Ihey would be likely to move with greater care and discretion than has been true in the past-Prior notification of Congress is one more governor on the intelligence vehicle which could inhibit the kind of reckless driving the committee uncovered in its investigations.
The committee,umber of its recommendations, has sought toramework for improvement- Bnt we have left the CIA nigh and dryelieve that the CIA should beinto two separate agencies -one devoted only to analysis and the other responsible for clandestine collection and covert operations-Splitting the CIA is the key to attracting the kinds of young men and women we need in intelligence analysis. The hostility the CIA has aroused is bound to discourage many good people from applying. Furthermore, the analysts need interchanges with acidemia, and these lies have been slmined bv the public perceptions tliat anyonewith the CIA has blood on his hands-
We have also seen, as in the Bay of Pigs, that proximity breeds bias. One side of tho CIA planned the Bay of Pigs.The other side of the CIA was notosition to analyze it independently and critically.
Critics say it is impossible to separate covert collection from covert operations, that mauy of the same people arc used for the twoThis is quite true. However, my proposal leaves covertand covert operations in the same organization and simply splits them off from the analytical function.
No improvements will result if proposals for reform are consigned to the archives like the report of this coiruoitU'c. Our intelligencehave been ignored by Congress in thewe have seen the consequences of that inattention. Coiurress nowecond chance to decide if it wishes to play Pontius Pilate and wash its hands of an unpleasant business or confront the issneope the Congress will not abdicate its responsibilities any more.
Lss Aspin.
Additional Bix^mmrspattons or Hon.V. Delli'ms
I supported the committee majority in bringing to the House of Representatives those recommendations finally adopted by theHowever, this should not indicate my approval of all the adopted recommendations; several are not strong enough and several additional recommendations should have been adopted-
These recommendations should stimulate extremely important snd timely discussion, debate and consensus about such vital and basic questions as:
> secrecy compatible with principles of democracyembodied in our const it utional form ofand where is secrecy necessary!
ow muchequired and what forms shouldke (
liat safeguards agninat abuse are) What, if any, ore our legitimate und necewnry intelligence
How much change, restructuring, and/or elimination of organizations are required to meet on the one hand theintelligence needs of our Nation, and on the other hand safeguard against abum of people, power, and the Constitntion 1
As our world continues us rapid changes and shifts, what level of oar already limited reeoureea do we perceive as necessary to meet our intelligerwe needi I
These and other questions rouat be diaruwcd and debated within an annosphere of reason. To resolveuestions and reach some con-sonsos, it will demand the beat within each of us as representatives of the people. Tbe issue* both implicitly and explicitly raised by tho couunittee recommendations are of extreme iniporunee and most be addressed within that context.
I oppose the committee's recommendation regarding:ouse Committee on Intelligence, insofarho committee shall have exclusiveor all covert actionelieve that this information should ho more widely shared. Discerningis facilitated by involving several relevant committees,hink jurisdiction over covert, action operations should be shared with those committees presently involved,
I am opposed to that part of the recommendation regart Release ofTho select committee tho rules of the House be revised lo provide that, any member who reveals any classified information which jeopardizes the nationalof ihe United States may be censored or expelledwo-thirds vote of the House."
"National security" is now an infamous phrase, one open tointerpretation. Therereat danger inhilling system which allows demagogues tbe easy opportunity ofember by making reck lea" chargea.
The committee's recommendation on covert action is notThe committee recommend mora aay. "Z. The select eoiruniUee recommends that all activities involving direct or indirect attempts to aasassinate any individual and all paramilitary activities shall beexcept in time of war.1*
We should prohibit all covert action.
We liveorld becoming increasingly smaller anda world in which Secrecy snd cloak and dagger methods, in my estimation, are anachronisms from tlie past. They should linve no place today in the world we will continue to live in.
It seems lo me that whatever action this country takesorld (that is becoming this small and this interdependent ought to be overt action. The United States ought to begin to play an aggressive role as an advocate of peace in the world, as an advocate of humanitarian concerns, andelieve that the level of secrecy that we have been exposed to as members of this committee flies in tbe face of democratic principle.
Many people conveniently wrap themselves quite fully in the flag, but when pressed to the wall on whether or not they are willing seriously to support democraticind that they ai* willing to sidestep principle.
Democracy is hosedotion of the developmentonsensus. In my estimation covert action does not provide for that, consensus. It does not provide for debate needed to achieve consensus. Instead, covert actions are recommended and approvedmall select group of people. The actions can at some point be extremely expensive, ol some point extraordinarily risky ana al some point fly in the face of open debate on any givenhink that detrimental to the democratic process.
I am willing to try democracy. My concern is lhat our democracy has been, for the most-harade or merely symbolic,m not sure that many of ns truly believe in the concept of majority rule.
I am concerned about secretly providing arms and aid to other countries, presidents able to sit down with other presidents and making deala Yet these things are issues we found that ore part of the range of covert actions utilized by this country.
I think our world is much loo complicated lo continue to function effectively in this manner. The more we get involved in covert, action, the more wo become accused of covert actions in places where we may not he involved atall.
So. the question is, does it. really assist this country's role in the world to continue these kind of activities. My answer'is no.hink wo do much more harm continuing to function covertly.
Many of these operations ore well-known except to the pouple'of the States and/or their representatives. So where does the covert rationalet keeps people who are part of this society out of the decision, and it comesevel which keeps representatives of the people out Of those decisions.
I see no justification for covert operations. If we wont to assist, then why not do it in the open and let the debate deal with theof what our role "ought" to be somewhere in the world- On the basisonsensus publicly made, then we can assist. But why do we have io play games! Why do we have to got involved *
Another related question is where have covertken ns? Are the nations ihot we have been involved with free democratic societies where the masses of people have benefits of democracy, or are those nations for the most part, military dictators, right-wing juntas, or regimes with extraordinary wealth and power in llie handsew elitists?
If the latter holds, it totally contradicts stated principles nf this country. If we have lieen involved in covert actions which generated democracy, freedom and justice around the world, maybe wo might arrive at some different conclusion.on't chink anyone can
justify continued covert action on grounds that we foster and develop democracy around the world.
If covert action isn't banned, the committee's recommendations on covert action should be strengthened and it should be required that the Oversight Committee have prelcnowledgc of all major covert-activities.
The nature of covert actions nnd espionage subtract from the mnin responsibility of theserve ns an independent central research and analysis facility. Since active involvement in clandestinecan force analysis to be silenced for policy needs, certain present functions of the CIA should be dividedeparate espionage (human mtelligence)/clnudestine operations agency be formed.
In his testimony, Dr. Ray S. Cline willedentral research and analysis facility to provide objective assessments of national security data to Congress and tlie National Securitygree,elieve this ought toeparate organisation, not United to any policymaker other than the President and ns free from otherbias as possible. Actually, research and analysis are the original functions of the CIA and are functions that the Central Intelligence Agency apparently does better than any other agency in thet resM"*ianalysis functions should be
I recommend that the Central Intelligence Agency be split into twointelligence researeh and analysis agencyecond agency to conduct whatever espionage and covert action functions on? authorised.
Inecommend that both the new intelligence research anti analysis agency and the new espionage and covert agency beagencies subject to all controls recommended by this
Possible violations of law by intelligence agency employees orhe mvcstjgaled and, if required, prosecuted by theJustice. No agency should have the right or capability to baror prosecution. In addition to criminal penalties thereprovision for civil, liability for abuses of authority.justiciability and standing, discovery.
Several other recommendations are included in my supplemented views to the report of tbe House Select Committee on Intelligence, bvery member and the publiemust have access to that report.
It is imperative that tho House of Representatives now consider these issues and pass legislation based on these recommendations.
Ronald V. Dbli,ums.
Additional Recommendations or Hun. William Lehman There i6 no question in my mind that llie United Stales must have-cVrky'ne'ivertpmfeasi<>lml inielligence service. Our national se-
i;tJtn,lmLin,*llife'cnc?f our Government. And, use allt must be balancedontinuing need for and
our tradition of an open society, as well as this Nation's moral position throughout (he. world. For, if this Nation does not maintain lhat moral position, there is now no other country in the world who can take our place.
ere CIAould be happy totrongoversight committee, because it would be the most effectiveagainst wrongly conceived and wrongly motivated covertoriginating in the executive branch.
Despite allegations to the contrary, congressional investigations have not prevented the Agenev from doing an effective job. Pastbears this out; in fact, the failure of tbe CIA and otheragencies to give adequate warning of several international crises may simply indicate the limited ability of intelligence toonrnational security.
There was, for example, theS. Mideast war, where there was more than enough information available to warn of theArab attack. There were other failures as well:4 coup in Cyprus and the subsequent Turkish invasion: the Indian nuclear ex-plosion; the Soviet invasion of Czechoslovakia; the Tet offensive in Vietnam; and the leftist coup in Portugal. AH of these ^'failures"long before any congressional committee was directed tothe intelligence community.
The intelligence community has operated in the pastirtual blank check budget- This not only removes any incentive to curtail wasteful programs, but, through the very availability of funds, leads to both foolish and dangerous covert operations.
m concerned by the committee's recommendationine-item figure for the CIA appear in the budget. Is it really possiblo torue and accurate figure? .In the event that one of the branches of the armed servicesessel to the CIA. is Uie cost of thatart of the costs of intelligence? In myine-itemfor the Agency must conform to principles of sound accounting practice. Only then will it liave any meaning at alL
thb mi
The committee hearings on the FBI documented the problem ofturned agents-provocateur. Informants are necessary; the use of provocateurs is totally contrary to principles of decency and honesty-
One of these agents-provocateur wagmmer, who worked in Florida as an informant for the Bureau. Lemmer infiltrated the Vietnam Veterans Against the War and liecame one of the most active members of the chapter. As such, he allegedly suggested violent means of expressing WAW disagreement with the country's Vietnam war policy. This land of activity, directed by tho Nation's foremost law enforcement agency,lainly and starkly wrong.
thb dcs
IRS projects such as "OperationOperation Tradend "Operationlearly demonstrate that tha xrs has gone far beyond its prescribed role in tax enforcement. Each of
these projects involved illegalities and abuses by lhe intelligenceof IKS in uiy own State of Florida.
I would only comment here that our system is grossly misused when Federal agencies violate the law in their attempts to enforce it. To adopt the methods of criminals is to become indistinguishable from them.
I strongly support the committee's recommendation that noof the House servo on the new oversight committee we propose for moreears.imitation will help to ensure that themembers retain their objectivity and not come to look on the bitcliigenoa community as their own private preserve.
A similar limitation ahould be imposed on the Directors of the CIA and FBI. so that neither is allowed to serve for ao many years that ha can no longer distinguish between himself and his job.
One of tie committees recomnradatinn* would require the FBI agents or informantsudicial warrant before attempting toany domestic group orgree that thisis necessary to protect the rights of American citizens, but, in light of recent tragedies [wrpetratedby international terroristseel thatestriction should not be um>osed when the group or association ia wholly or partly made up of aliens.
tUXUUBY
In comparison with other intelligence agencies, and, indeed, with Government agencies innd the CIA to be highlyand very dedicated. Despite past bvk of secountahibty. the CIA isigh level, coat effective job, particularly in itsexice gathering function.
However, than are serious deficiencies in the operation of the CIA. Much constructive rebuilding must ha done if American intelligence activities ore to be conductedsponsibiiity andwithout undermining tho spirit of our democratic society.
But Limman.
RiCOUMaNUATIONH OF If ON. V'.UJ! MlLTOlU)
a. a hocu comm!TTO on 1NTEIJJUENCE
ecommend that there hetanding Committee onof the House ofnd that committee shall consist of members who hold the respect and confidence of tha general membership of the Houae.
a. The membership of the standing Committee on Intelligence shall be selected from sitting members of the following Houseembers from Armed Services. 'i Members from Internalember from Science andember from Banking andember from Judiciary.
'A
1 Member from Public Works andember from Governmentember from Interstate and Foreignhai rman to be nominated by the Speaker.
candidates for membership on the standing Committeeshall be nominated by resolution from the abovesupplying the number of members designatedshall then be confirmed by the Democratic caucus or theconference by meansecret ballot. Vacancies shall belike action.
selection for service on the standing Committeeshall be based on individual qualifications andrather than party affiliation, except that, the totalof the standing Committee on Intelligence must always havethan one-third of its total members from each of Che majorthe occasion ariseajor Parly does not- ha toits members represented on Ihe committee, the Speaker shallto the nominating committee or committees the necessarypartisan candidates to be selected.
n. bki.kase op information
recommend that the standing Committee on Intelligence,member of tbe committee, shall not directly or indirectlyinformation, documents or dataecuritynnd until the following sequential procedures have
(a) The committeeesolution expressing tbe need and reason fur declassification.
(o) The appropriate administrative agency has been allowed reasonablo time to agree with the declassification or to present reasons for opposition.
House Leadership Committee, consisting of theMajority Leader, tho Minority Leader, the MajorityWhipshe chairmen of the committees fromIntelligence Committee Membership has been selectedof tho total beinghall approve orthe declassification and release.
the committee's approval orcommittee member who disagrees shallight toindividual members of the Leadership Committee. If threemembers of the leadership Committee shall concur,shallight to be heard hy the full
(n) Any Intelligence Committee member who shall release any materials, documents, or dataecurity classification, without complying with the above provisions shall be subject to expulsion from the House of Representatives and shall be subject to appropriate criminal or civil action, notwithstanding legislative immunity.
Any member of the House having knowledgedocuments or data who shall release such material,or data without obtaining the approvalajority of the
members of the Leadership CommiUee shall be subject to expulsion from the House of Kapresentatives and shall be subject to anycriminal or civil actions, notwithstanding legislative immunity.
c penalties fob imi'ROlMt release ot classitied information
1 recommend that the United Stales Code be amended to provide criminal sanctions against any person who shall disclose or reveal properly classified inlorxnation, documents, ilata, or plans concerning the national security of the United States, such sanctions to apply regardless of intent to harm the United States or tooreignnotwithstanding legislative immunity.
DalbMixpobd.
Recommendation or Hon. Moikun F. Mcbpht
In light of the investigation by the House Select Committee onI recommend that Congress enact legislation Or amendlegislation to protect the confidentiality of tax records of American citizens.
Section BIOS of the Internal Revenue Code refers to tax returns as "public records" but specifies that they ba "open to inspection only upon order of the President and under rules and regulationsbv the Secretary or his delegate and approved bv the President.'"
Public use and abuse of the records, however, have been more the rule than tho exception in the recent past. There has been littleon the need for protecting the confidentiality of rax records.
Ihift in emphasis back to the basic right of taxpayers tn privacy regarding their tax affairs. Wc must do more than limitto certain agencies, individuals, congressional committees, and Slates. We must require the entity seeking tax information to prove that, such information is essential to the entity's function and further, that the tax information cannot otherwise heuggest that* House and Senate committees with jurisdiction act with all deliberate speed to finalize their work on legislation to better ensure the privacy of tax records.
Morgan F. Mohphv-
AnomoSAt. Rlooumendation of Hon. James V. Stanton
I would go beyondf the select committee, which proposes thai the Assistant lo the President for National Security Affairs be prohibited from holding any Cabinet-level position, bythe enactment of legislationlates that the individual who holds this position cannot hold any other office in the Federal Government, nor may heember of tho Armedequires Senate confirmation of this position,n order to achieve these purposes, establishes statutorily the position of Special Assistant, to the President for National Securityaven, which embodies these provisions.
James V. Stanton.
i not approve oi tne outer
oner tne lonowing alternative recommendations in those areas inelieve reform is necessary and appropriate.
nj i: vn RxroafMEfrDAnoxs or Hox. Roasar McCorv
I recommend that there heermanent standing Com-mitlee on Intelligence of the House of Rcprearntalives.
I. The conjnitlcc dial! consist of five members composed of one member from each of tbe following committees: (a) Appropriations, (b) Armed Services, (o) Inlcmational Relations, (d) Judiciary, andCWralioiio- no more than three of whom shall bo
ve) Governmentmembers of the same political party. Tlie committee membership
shouldroad representation of political and philosophical
views.
o member of the committee mar serve moreonsecutive terms on tbe committee, and no mouiber of the stall may serre moreonsecutive years.
S. Any past or correat member of tbe cotiimitlee staff who shallwithout authorization of the committee, material* orobtained by the committee ahall be immediately terminated from employment and shall be fully subject to criminal and civil liability, notwithstanding legislative immunity.
The committee's jurisdiction shall include all legislative and oversight functions relating to. agencies and di-nnHmentsin foreign or domestic inteJligcnco activities. Tho committee shall have exclusive jurisdiction for budget authorization fori cities and excretive jurisdiction for all covert actionAll leniainingoverfcighl functions may be concurrent with other committer* of the Mouse,
Th* committee shall be vested with subpoena power, and the rules of the House should be amended to give the committee the right to enforce its subpoenasivil contempt promMing inU.S. District Court for tlie District of Columbia without specific autliorization from the full House,
ecommend that the House Committee on Intelligence have the right to release any classified information or document* In itsor control only if the following procedures are adhered to:
(a) the committee shall have the duty to commit with other agencies of tho Government within the intelligence community or the executive branch with respect to tho public disclosure of clamifled information lieforc any formal committee vote on
fter such consultation, the committee may, byive votoajority of the members, submit the materialto be released to the President.
(e) Tfeasonable period of time the Presidentin writing that the disclosure of the material would bo deteri-
mental to the national security of the United States, the material would not be disclosed or released. Failing any such presidential certification, tho committee would he able to release the material.
n the event ofertification by the President, the committee shall be given standing to sub and- District Court for the District of Columbia shall he given jurisdiction over such disputes, so that the matter can be submitted to the courts for judicial determination.
c. oovzarr action
I recommend that all activities involving direct or indirectto assassinate any individual be prohibited by law except in time of war.
I recommend that appropriate legislation be enacted lo require prior approval bv the House Committee on Intelligence for alland paramilitary covert actions proposed byncluding those actions in which arms or funds for arms would bo provided covertly.
ecommend that, as to all other covert actionsignificant size or involving significant risk, the Director of Central Intelligence be required, withinours of initial implementation, to notify IhB committee in writing and in detail of the nature, extent, purpose, risk and costs of the operation.
MPROVED SECl'KITl' XCBd lNfORMATION in THE HOOSfi
recommend that the Rules of lhe House be revised toany member who violates the confidentiality of anyof anv House committee may be censured or expelled by avote of the House.
recommend that the rides of the Honse be amended toany committee of the House which has access to classifiedhas the authority to discipline any member which itbelieves has disclosed or publicized such information inthe rules of contidentialitv duly adopted by such committee.ought to he delegated authority by the full House todisciplinary action againstember to ensurewith the rules of confidentiality. Appropriatecould be taken onlyoteajority ofajority of the minority members of theany member against whom such disciplinary action is takena right of appeal to the full House,
e. uaO audit AOTTJonrrT
I recommend that the General Accounting Office be empowered to conduct full and complete financial audits of all intelligencehere should not bo any limitation on GAO access in the performance tjot these functions by any classification system, and the financialunction of GAO should specifically apply to those funds which cur-^rently may be expended on certificationirector of anJono.
p.ees
I recommend that intelligence agencies disclose the affiliation oi their employees on detail to other Government agencies orto the heads of such agencies; and that detauees not be placed in any position in which an actaal or apparent conflict of interest might exist.
Robert MoClort.
Dissenting and Additionalor Hon. David C. Treen
(To the Recommendations of the House Select. CommiUee on Intelligence)
The following are my specific recommendations (on the subjects which they concern) which may differ, vary or coincide withon similar subjects by the majority. The absence of anv recommendationubject covered by the majority is not to be construed as concurrence or nonconciirrence with the majority recommendation.
Recommendation No. J: Joiitf Oversight Committee
I recommend that there Imoint Congressionalon Foreign Intelligence which committee shall have oversight and legislative authority with respect to al! foreign intelligence activities.
(a) The joint committee shall consist of no morequallv divided between the House and Senate. Theof the House and Senate having jurisdiction overaffairs, armed services, and defense appropriations shall each be entitled to representation on the joint oonunittec by at least One member of those committees.
(fi) Membership on the joint committee shall beeriodears and, beginning with the fifth year, at least ouC-tliird of the committee membership shall consist of new members.
Any post or current member of the joint committee staff who Shall release, without proper outhoriwition, materials orobtained by the joint committee shall be immediately terminated from employment and shall be fully subject toand civil action, not withstanding any plea of legislative immunity.
(d) The joint committee shall be vested with subpoena power, and the rules of the House shall be amended to give the joint committee tho right to enforce its subpoenusivilproceeeding in. District Court for the District of Columbia without specific authorisation from the fidl House-
Recommendation No.bligationi of the Executive Branch
I recommend tluif the executive branch be required to keep the joint committee promptly and fully informed as to all intelligence activities, including covert actions, and including full disclosure of allocutions wherever they may be in the budget with regard to foreign intelligence and all expenditures of funds by all departments and
I recommend that the rules of the House and Senate, wherebe conformed to accommodate the following recommendations, ana that, where necessary, legislation be enacted in aid thereof:
Access to information and materials furnished to the joint committee in executive session or classified secret by thebranch shall not be accessible to other members of Congress exceptesolution permitting such access adoptedwo-thirds vote of the membershipoth the House nnd Senate Members, voting in person and not by proxy.
Prior to any action to permit access of such information to other Members of Congress, the executive branch shall be given reasounble opportunity to testify and present evidence insession regarding the proposed action.
Materials and information received from the executive branch in executive session of the joint committee or otherwise classified secret by tho executive branch may be publicly released only upon adoption of the resolution specified iu subparagraph
S
I above and upon the adoptionesolution permitting jnib-disclosnre adoptedwo-1hirds vote of tlie membership of both the House and Senate, the debate on which shall lie conducted in secret session, and the vote on which shall be in open session by recorded vote.
(rf) Any Member of Congress who reveals any information, in violation "of Ihe foregoing procedures may be censuredwo-third vote of the House or the Senate, as the case may be.
fMnendation No.greements for the Handling of Classified Information
I recommend that any information furnished to tho jointhe exocutivo branch under an agreement with the joint committeethe handling of such information shall be binding in accordance with the terms of that agreement on the joint committee, on tlie House and Senate, nnd on each Member of Cougrcss. Violation of the terms of the agreement shall be grounds for censure or expulsionwo-thirds vote of the House or Senate, as the case may be. jeeconmovtaiion No.irector of Central Intelligence
I recommendirector of Central Intelligence shall be.separate fiom any of tlie operating intelligence agencies, for the purpose of coordinating and ovciseciiig the foreign intelligence community. His purpose shall he to eliminate duplication in collection and promote competition in analysis.
The DCI shall be appointed by the President with tho advice and consent of the Senate.
The DCI shall be the chief foreign intelligence officer of the United States, and shall be responsible for the supervision and control of all agencies of the United States engaged in foreign intelligence.
DCI shallember of the National Security Council.
S
I) The DCI may not hold any other position, office or title inovernment.
icies, jn-alfiega-
(e) The DCI shall, along with such other duties, constitute an office
_
The DC) shall he responsible for the national intelligenceand daily briefings of the President.
I shall he responsible for reporting to the Joint Coii'.-mittee on Intelligence and other appropriate committees of Congress.
budget requests which include funds for foreigncovert activities shall, insofar as such funds are concerned, bein consultation with tha DCI. Although the funds foractivities will continue to be budgeted in thobudgets, the DCI shall be responsible to the joint committeereporting* on the foreign intelligence and covert activities funding
ha^ccofdinate the functions of all foreignagencies under his jurisdiction, shall eliminate unnecessary duplication, conduct periodic evaluation of the performance and efficiency of the agencies, and report to Congress on the foregoing at least annually.
RwmmvAAation No.isclosure* to Congren
I recommend that existing lawf tho NationalActhich restricts officials of the executive branch from providing information be amended to specifically exclude from any such prohibition all committees of Congress having appropriate
Recommendation No,ssutant for National Security Affairs
I recommend that the Assistant to the President for NationalAffair* be prohibited from holding any other position, office or title in. Governmcnt.
Recommendation No.otes Media and Publications
I recommend. foreign intelligence agencies befrom covertly providing money or other valuable consideration to emplovecs or full-time lepresentatives of any journal or electronic media with general circulation in the United States, and prohibited from utilizing such individuals for purposes of Cover; except that such prohibition shall not apply to the occasional or casual furnisher of news stories or articles to the news media.
I recommend that. intelligence agencies be prohibited from the covert publication of books, articles or stories in any journals or electronic media with general circulation in the United States.
Recommendation No.lassification
1 recommend that tliB classification and declassification ofbe the subject of specific legislation by the Congress.
ReoommendatvmNo.lO: Director of ti* FBI
I recommend that the Director of the VMlerm of officeears and that no director serve more thanear terms.
Rceonsncndationnfiltration of Group* or Associations
I recomnk-nd that judicial warrant must issue, on probablean informant or any other agent of the FIJI may infiltrategroup or association,nvestigation of suchMKHBaHOni=n title IH I'.S
here is no credible evidence that such group or association, or any person connected therewith has encouraged,or suggested the use of violence, terrorists activities or other unlawful activity.
Recommendation No, IS: Study of Intelligtnot Operations of Foreign, Notions
I recommend that the Joint Congressional Committee on(or, in the absence of the creation ofommittee, thecongressional committee or committees) promptlya detailed mveatigatioii and study of tho intelligence
The means by which intelligence is gathered relating toof the United States and its allies, both within and outside of tha United States.
The extent of valuable and/or critical intelligence information gathered by foreign nations from publicly available journals and documents.
Tbe methods employed by and the extent of snecess of foreign nations in rhe recruitment of American or allied nationals inactivities, und the methods employed by and the extent of success of foreign nations in infill rating tho UTS. Governmentorporations, aaaociations and groups.
David C. Taxcv.
AnTBBWATivE ItixxneuxNi>ATiON8 or Hon. ItonotT W. Kastiin, Jr.
holeheartedly support many of the recommendations vooeed of th* committeeVmajority, the majority proposalsdo not accurately reflect, mv judgment* concerning the reforms and Improvements which should be made in. intelligence community.
To indicate RjieeiDc point* of agreement andave re produced below the majority recommendations together with my own alternative or additional proposals. Language in the majority report withisagree has been stricken out; mydditional language lias beenu severallso added brief comments in brackets following the re com-to which the comments refer.
oosb Cixumrt on iKiwxunUfca
The select committee recommends that there hestnnd-Jomt Committee on Intelligence of the House of Representatives M- Senate.
mcVr
committee membership shouldroadpolitical and philosophical views.
committee should consist of not more thanr lessmembers, designated by the President pro tern, of the 8enat4Speaker of the House in consultation with the minority leaderBouse. The majority shall have one more than one-half ofappointed from either
c No Member of the committee may servo moreonsecutive terms on the committee, and no member of the staff may serve moreears.
d. Any past or current member of the committee staff who shallwithout authorisation of the committee, materials or information obtained by the committee shall be immediately terminated fromand shall be fully subject to criminal and civil action,legislative immunity.
e- Tho committee shall be vested with suhpoena power and shall have the right to enforceroceeding for civil contempt itsin. District Court for the District of Coliunbia or any other court of competent jurisdiction, [without authorization] if[from the House, provided the committee has soy resolution. The committee staff shall be given statutory standing to represent the committee in any proceeding arising from the issuance of asubpoena.
f. The committee's jurisdiction shall include all legislative andfunctions relating to. agencies and departments engaged in foreign or domestic intelligence. The committee shall havejurisdiction for budget authorization for all intelligence activities and exclusive jurisdiction for all covert action operations. Alloversight functions may be concurrent with other committees.
m opposed to the creation of two oversight committees on intelligence; one in the House and one in theavor instead the creationoint committee because it will reduce the burden on the DCI and intelligence officials of repeating testimony beforewith similar jurisdiction and also reduce the burden ofby having many member* assigned to tasks which are duplicative. In addition, concentration of oversight in one joint committee would reduce the possibility of unauthorized disclosure of information and more importantly would help assure that problems would not "fall between two chairs" and be addressed by neither committee. The fact that each appropriations committee in reviewing the budget of the intelligence-gathering agencies would have an oversight functionthe possibility that one joint committee would be co-opted by the inlelligcncy agency.]
b.SK or iNroitMATION
I. The select, committee recommends that rulehe House Rules is amended to read as follows:
"Each committee shall keep ft complete record of all committeewhich shallopy of all reports, statements, andof witnesses whether received in open or in executive session."
he Committee shall have tbe right to release any information or documents in its possession ov controloteajority of tlie
Members of the Committee under such terms end conditions as the committee shall deem advisable. The Committee, in making thewhether or not to release such information, shall have the right, but not the duty, to consult with other agencies of the government within tho intelligence community or executive branch with regard to any decision relating to the release of such heretofore secret in formation .J
& (aj The Joint Committee on Intelligence may disclose anyupon tke committee's determination that the nationalwould be served by such disclosure- In any case fn which suchdecides to disclose any information requested to be kept secret by the President, such committee shall notify the President to that effect. Such committee may not disclost such information until theofays following the day on which notice ii transmitted lo the President.rior to disclosure of such information the Presidentritten certification to the- Senate and the Bouse through, such committee staling his opinion, ond the reasons therefor, that tne threat to national security posed by such disclosure outweighs any public interest in disclosure ond that the question of disclosure is of Such importance to the vital interests of ths United States that ita decision by ths full Senate and the Bouse of Representatives and- Ii) after receiptertification by the President made pursuant to this subsection, the Joint Committee on Intelligence decides to refer the question of disclosure of such information to ths Senate and the Bouse of Representatives, such information may not be disclosedths Senate and the Bouse of Representatives agreeesolution-approving the disclosure of such information, or the Senate and the Bouse of Representatives ogresesolution referring the matter to the Joint Committee on Intelligence for final disposition and the Joint Committee on Intelligence thereafter approves the disclosure of such information.
(ft) Any question referred to tltc Senate and the Bouse of scntatives by the Joint Committee on Intelligence pursuanton (a) shall be disposed by the Senate and the Bouse of Representa-livesote on such questionalendar days following the day on which the question is reported fo the Senate and the Bouse of Representatives excluding days on which the Senate and the Bouse of Representatives are not in session,
n the event-egative vote bv the Committee on the release of certain classifiedember of the Committee may apprise the other Members of the House that the Committee possesses information which he believes ought to be made public. Other Mem-bors of the House would then be authorized to have access to thatprovided they sign an agreement not to divulge tbeIf these other Members agree that this information ought to be made public, they willetition attesting to that. Upon obtaining (he signatures of one-fifth of the House, the House shall convene in secret session for the purpose of advising the entireof the House of that information. Tlie House may then votethe information to tho public]
] The select, committee recommends that the rules of the House be revised to provide that anywho reveals any classifiedwhich jeopardizes the national security of the United States-may be censured Or expelledwo-thirds vote of the House.
C. COVERT ACTION
he select committee recommends lhat oH activities involving direct or indirect attempts to assassinate any individual [and all paramilitary activities! be prohibited except in time of war.
% The select committee recommends that as to oilier covert action by. intelligence component, the following 3hall be required withinoursof [initial] approval by the President.
a. The Director of Central Intelligence shall notify the jomtin writing, stating in detail the nature, extent, purpose, risks, likelihood of success, and costs of the operation.
[b, Tha President shall certify in writing to tho Committee that such covert action operation is required to protect the national security of the United States.]
. The committee shall be provided with duplicate originals of the written recommendations of each member of theommittee or its successor.
Z. Reports on all covert action operations shall be [tenninated no later thanonths from the date of affirmative recommendation by theommittee or itsubmittedonths by the DCIy or as requested, to the joint committee.
J). NSA
he Select Committee recommeuds that the existence of the National Security Agency should be recognized by specific legislation and that such legislation provide for civilian control of NSA, Fur-there, it is recommended that such legislation specifically define the role of NSA with reference to tho monitoring of communications of
he director and tho Deputy Directore NSA shall be appointed by the President and confirmed by the Somite.
I6CL08OIIB OPAI6]
p. The Select Committee recommends that all intelligence related items be included as intelligence expenditures in the President's budget, and that there be disclosure of the total single sum budgeted for each agency involved in intelligence, or if such an itemart or portion of tho budget of another agency or department that il be separately identifiedingle item.]
f. mouiornON op fund TBANSrOtfi
Theselect committee recommends there bo appropriate legislation to prohibit any significant transfer of funds between agencies or departments in connection with intelligence activities.
The select committee recommends there be appropriateto prohibit any significant reprogramming of funds within agencies or departments in connection with intelhgence activities without the specific approval of the Intelligence Committee and appropriate committees of Congress.
The select committee recommends there bo appropriateto prohibit uny significant expenditures of reserve or
gency funds in connection wilh intelligence activities without specific approval of the Intoligcnce Committee and appropriate committec9 of Congress.
. niExcroK op ct.ntsaloHNCt
lie select committee recommendsirector of Centralshall be created, separate from any of the operating orintelligence agencies for the purpose of coordinating and over-seeing the entire foreign intelligence communityiew to eliminating duplication in collection and promoting competition inhe DCI shall be nominated by the President with theand consent ot Ihe Senate. This oftce thai) hare (lie following powera and duties:
a. Tbe DCI shall be the chief foreign intelligenre officer of the Unitednd shall be responsible for the supervision andof all agencies of the United States engaged iu foreignincluding FBI count*rintellioenee.
To.haliember of the National Security. The DCI may notosition or title with respect to any ur agencies of government. Tc a. The DCI shall, along with such other duties, constitute an Office- of Inspector General for all of the foreign intelligence agencies, including oilier agencies of government or bianclios of the military which have foreign intelligence functions. Such agencies shall have the obligation to report all instances of misconduct to the DCI. This shall notimitation upon the respective agencies reporting tofrom mainlaining their own Inspector General itaff or similar
body.]
d. The:
d. The DCI shall have an adequate staff for tlie purposes expressed herein and be responsible for the national intelligence estimates and daily brie/mas of the President.
t- The DCI shall be responsible for the preparation of the national intelligence estimates and such reports shall be immediately supplied to tbe appropriate committees of Congress on request.
biilgrthall be prepared by the agencies underof the DCI. As to those parts of budget of theor components of Department of Defense, Ihey shall beas an independent part of such budgets to the DCI.
DCI shall lie charged with the functions ofintelligence agencies under its jurisdiction, tlie eliminationthe periodic evaluation of tho performance andthe agencies in question, nnd shall report to Cioigreie on theat least annually.
DCI shallomprehensive inquiry into theintelligence failures, including: inadequate collectionbias; duplication; unusable technical output;and withholding of information by seniorreport to the Committee on Intelligenceear.
President's Foreign Intelligent* Advisory Boardbe created by statute ath sight and advisory boardwould be to overter and advise on Ihe direction, guidanceat the intelligence community through thr authority ofwho would also serve as chairman of the PFIA It.
7'he DCI would have, overall authority and responsibility /ormcommendations to ths National Security Council on anyrelated malUr.JZ.C.xndd be deleted Irom tU statutory authority of tho CIA and transferred to Hu DCI at chairman of the FFIAB:
(dj For tha purpom of coordinating tha kitoUioence. activities of the several Government department* and agencies in theof national security, it rhoJl be the duly of the DCIdefectum of the National hmU$
o advise ths National Securityoltensuch intelligence activities of the Government deportments and agencies as relate to national security;
(f) to make recommendations to the Natum.il Security Council for ths coordination of euch intelligence activities of theand agencies of ths Government as related to the national security,
[Note: In essence, th* PFIAB Chairman/DCI would become the Nation's principal foreign intelligence officer, with authority overentumunity budgets and resources, with independence from CIA institutional affiliation, and with right of directo the President as well as being statutory advisor to the National Security Council.
Tlie President'* KorDign Intelligence Advisoryboard of private citizens acting in coordinated capacity with their chairman, the DCI, would enable the nation to benefit from theknowledge and ex|>erience of its private citizens who would exercise both an oversight and advisory role on sensitive intelligence matters.]
. na oao audit AtTTHoarrr
L The select committee recoiiimends that the General Accounting Office be empowered toall and complete management as well aa financial audit of all intelligence agencies. There shall be no limitation on Ihe GAO in the performance of these functions by an executive classification system, and the audit fiinction of GAO shall specifically apply to those funds which presently may be expended on certificationirector of an agency alone.
[l. INTT3NAI, FINANCIAL IIIHIIMMIwI]
[I. The Select Committee recommends that the CIA internalitl be im-reused and given complete access to CIA financial records, and that overtteaa stations be audited at leastt is further recommended that all proprietary and procurement mechanisms be subjected to annual comprehensive review, by the [CIA* internal AuditAO.
ull IHBCLOSUM TO CONallBSS
he select committee recommends that existing legislation (Na-tional Security Act of) restricting the Directors and heads of foreign intelligence agencies from providing fullto Congress should be amended lo exclude [Committee* of Congress having appropriatehe Joint Committer on
rovided lliotccordance with the DCPsduty to protect sources ond tnstkods, could withhold the names of agents, sources and methods of intelligence from, such- committee.
I. NEW rOBEIGN OFXMATIONS
of nsc
Hie select committee recommends that Ihc National Security Act7 be amended to provide for the establishment of aForeign Operations Subcommittee of the National SecurityThe subcommittee's jurisdiction, function and composition shall be as follows:
(a. The Subcommittee shall have jurisdiction over all authorized activities. foreign intelligence agencies except those solelyto the gathering of intelligence,]
b. The subcommittee shall advise the President on all proposed covert or clandestine [activities] operations and on hazardousactivities.
c Kach member of the subcommittee shall lie required Thy law] to submit his individual assessments of each proposal to the President in writing. The assessment should cover suchhe likelihood of success, the benefits of success, the damage resulting from failure or exposure, the risks against the potential benefits and alternate ways of accomplishing the goal.
d. The subcommittee shall be chaired by the Assistant to thefor National Security Affairs and shall be composed of:
Assistant to the President for National Security Affairs;
Director of Central Intelligence:
Secretary of State;
Secretary of Defense;
Deputy Director for Intelligence of CIA;
Chairman of the Joint Chiefs of Staff;
[Thef there is one, and]
The assistant secretaries of state for the [affected countries andegion affected,
. DEFENSE INTBIJJQBNCE AGENCY
he select committee recommends that tho Defense Intelligence Agency be abolished and that its functions he transferred to [the Assistant Secretary of Defense for Intelligence and thef tU Joint Chiefs of Staff.
ATLKE8
he select committee recommends that, intelligence agenciesthe affiliation of employees on detail to other governmentor departments to all immediate colleagues ana superiors ana to the, director of mch department or agency.
. ASSISTANT FOR NATIONAL SECOBTrV AFFAIRS
he select committee recommends that the Assistant to thefor National Security Affairs be prohibited from holding any cabinetdevel position.
fa] asmncnoxs ox roucx nurxiKO *xu bblaticxsmn
he select committee recommends thnt no agency o( the United Slates engaged principally in foreign or inililnry intelligence, directly or indirectly <ngage in the trainingupplying of domestic police agencies of the United States, and that contacts lietween policeof the United StuteS. foreign or military intelligence agencies he limited to those cimimstances which shall be required on aMnfWII'1 of internal aacority or the norma] requirements and functions of such police agencies.
t. MimiA, [llfcLIGION, amd tmicatios]
he select committee recommends. intelUgancecovertly provide money or other valuable consideration [towith religions or educational institutions, orj torepreaenUtives of any journal or electronic media with generalin the United States or cse such institutions or individualsof cover. Tlie foregoing prohibitions are intended toAmerican citizens and
S> The select conunittee further recommends. intelligence agencies not covertly publish books or article* or plant [or supprewi] stories in any journals or electronic media with general circulation in the United States.
S.e event that an employee of an intcUlgimre agencyook or article he ihail be iacntiflsd in the publication an anof such agency.
[p, nrantioTiOKs uttttixiorncr]
[I. Tbe Select Committee recommends that the intellgtnceof the Armed Services of the United States be prohibited from engaging in covert action within the United States. It is furtherthat clandestine activities against non-military United States citizens abroad be proscribed.]
SsmcATiox
he select committee recommends that tlie classification ofbe the subject of the enactment of specific, legislation; and further, aa an adjunct to such legislation there byethod of regular doclassiflcation.
. ixsiTCTon qxxzsai. roe istfixjuucb
t committee recommends tlie establishment of an(MW of tlie Inspector General for Intelligence, who shall have full authority to investigate any possible or potential miaeon-duct on the part of tlie various intelligence agencies or the personnel therein, llie IGI shall be appointed by the President, with theof llie. Senate,erm ofears and shall not lie permitted to soccted himself, 'llie IGI shall have full access on demand to all records and personnel of the intelligence agencies for the purpose of pursuing his investigations. He shall make an annual report to the (Jongress of his activities and make rich additional reports lo the
intelligence committee* or other appropriate oversight committees as he may choose or tho oominiltees may direct.
[t. domestic]
p. The Select Committee recommends that judicial warrant must issue, on probableefore an informant or any other scent of the FBI may infiltrate any domestic group or asaociation. vben in-Tfligatiofi of such group or association or its men.ben is based solely on titleS.S.
The select committee -recommend* that the Director of the FBIerm of officeresidential tciini.
he select cointuittse lecommends that the Internal Security Branch of the Intelligence Division be abolished and that theBranch be rwurgoniaed toull division numcd the Counter-1nlelliiouice Division; that the mission of this division he limited to investigating and countering the efforts of foreign directed groups and individuals against tho United States.
p. Tho select committee recommends the transfer of allof alleged criminal activity by domestic group* or individual members thereof to the General Investigative Division.
be select committee recommends that regulations bethat tie the investigation of activities of terrorist groups closely to specific violations of criminal law within the investigative juris-dietion ofFBI and that charge the Department of Justice with determiningomestic political action group may betargeted for investigation of terrorist activities.]
conclusion
As these recommendations indicate, my service on the select,has convinced me that reforms are necessary to improve the orga-niration. performance, and control of. intelligenceAt the same time, the experience of the past months has again confirmed my undent ending of now important an effective inlelbgenoeo th* future security of the American people.officials can and must operateanner consistent with tho individual rights and liberties guaranteed by the Constitution. These protections must be guaranteed, hut so must thn right of the American people to live in security and peace. It is both powihlp and essential for the intelligence agencies to perform their responsibilitiesnnd by means wliich protect both individual rights and national security.
inimum, Ihe intelligence community must regain the trust and confidence, of th* people whom itt is tragic that it was necessary to establish this committee to inquire into the activities of agencies on which w* depend so heavily for our Necurity. But it would be even more tragic if th* results of our investigation were now to be ignored. Implementing theave proposed will contribute ngniticantly to ensuring that there will bo no need for uiother such committee to be established in the future. Both Congress ind the American people must recognise the need to complete tileieh wo havo only begun.
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Original document.
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