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OFFICE OF THE DIRECTOR

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13 February 1975

MEMORANDUM FOR DIRECTOR,' PROGRAM A

DIRECTOR, PROGRAM C

DIRECTOR, NRO STAFF

SUBJECT: Senate Select Committee Request

The attached letter from the U.S. Senate. is provided for

your information. .I will be the focal point within the NRO

for all queries from the Senate Select ComMittee and will

approve all respouses.

Any records or documents which might have a bearing on the

subject of this study will be retained under NRO pOssession or

control, including but not limited to all records or dbcuments

pertaining in any way to the matters set forth in Section 2 of

the attached Senate Resolution 21. Where disposition is

required by law or regulation, action will temporarily be withheld, and the materials will not be destroyed, removed from NRO

possession or control, or otherwise disposed of.

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1 Atch

Mansfield ltr, 27 Jan 75

w/S. Res. 21

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COPT

PAISIEECHR
Pad, Abdo Aenate

Ma dp allitjadig Faber.

25512 •

ianualy 27, 1975

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Nonorable'John L. McLucas

Secretary of the Air Force

The. Pentagon

Washington, D. C. 20330

Dear Secretary McLucas:

As you may be aware, the Senate is to conduct

an Investigation and study of government operations with

respect to intelligence activities. The scope of the

investigation is set out in S. Res. 21, a copy of which

has 'been enclosed for your information.

We are writing to request that you not destroy,

remove from your possession or control, or otherwise

dispose or permit the disposal of any records or documents

which might have a bearing on the subjects under investigation,

including but not limited to all records or documents pertaining in any way to the matters set out•in section 2 bt S. Rea. 21.

Sincerely yours,

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Enclosure

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Calendar Ho; 2

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*Irs•aor 's S• RES. 21

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1N TEE SENATE OF TILE UNITED STATES. : • • • •

'Jam= 21, 1975

Mr. PAM= submitted the following resolution; which was ordered to be plaCed

as the ealenderlunder general orders)

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1

• REsouiTION. . •

To establish a select committee of the Senate to conduct an in-

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vestigation and study with respect to intelligence activities

f''''cirried out by or on behalf of the Federal Government. • •

1 Resolved, To establish a select committee of the Senate

2 to conduct an investigation and study Hof governmental open-

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AI ations with respect to intelligence 'activities and Of dm

4 extent, if any, to which illegal, improper, or unethica

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'6 tivities were engaged in by any agency of the •edeial

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6 Government or by any persons, acting individually or in

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7 eembinition with others, with respect to any intelligence

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.• 6 activity carried out by or on bebaif of the Federal Govern- •

meat; be itfurther• • :••:. .• . • .. !.1 • • :Z:

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10" 'Rendoed, hat (a) there is hereby established a. aka

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1 committee of the Senate which may be called, for con- .

".9 ;mince of expression, the Select Committee To Study

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3 Governmental Operations With Respect to Intelligence Ac4 &ides to conduct an investigation and study of the extent, if

5 any, to which illegal, *proper, or unethical activities were

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-6 engaged in by any agency or by any persons, acting either

individually or in combination with others, in carrying ant

8 any intelligence or surveillance activities • by or on behalf

of any agency of the Federal Government.

10 (b) The select committee created by this reiolution.

U obeli consist of eleven members of the Senate, six to be

12 appointed by the President of the Senate from the majority

13 members of the Senate upon the • ommendation of the

14 majority leader of the Senate, and five minority memi;ers,of

15 the Senate to be appointed by • the President of the Senate 1. •

il , upon the recommendation of the :minority *Kier , of the

17 Senate. For the purposes of paragraph 6 of rule XXV of the

18 Standing Rules of the Senate, service of a Senator as, a

19 member, chairman, or vice chairman of the select committee

20 ball not be taken rate account. -

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n • . (e) The majority members of the committee— shall select .."

311 a chairman and the minority members shall select a vies

23 chairman and the committee shill adopt rules and procedures

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 i to gran its proceedings. The vice chairman shall preside

45 over meetings of the select con;mittee during the absence
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of the chairman, and discharge such other responsibilities .

2 as may be assigned to'him by the select committee or the

8 ' •chairman. Vacancies in the membership of the 'select corn4 . mittee shall not affect the authority of the remaining mem5 'ben 'to execute the functions of the seleCt committee and

shall be filled in the same manner. as original appointments

to it are made. • •• • •

8 (d) A majority of the members of the select committee

: 9 shall constitute i quorum for the transaction of business, but

10 the select committee may affix a lesser number as a quorum

n for the purpose of taking testimony or depositions.

12 Sac. The select committee .is authorized and directed

Is to do everything necessary or appropriate to make the in14 "Testigations and study specified in subsection (a) of the

15 first section. Without abridging in any way the. authority

16 endured upon the select committe by the preceding' : 

17 sentence, the Senate further expressly auihorlies and directs.

18 the select committee to make a complete investigation and

39 study of the activities of any agency .or of any and all persons

29 or groups of persons or organisations of any * kind which

-.23 have any tendency to reveal the full facts with respect to

25 the following matters or questions: - -•

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. . (1) Whether the Central Intelligence Agency has

24 conducted an illegal awes& intelligence operation in

35 the United States.• •- • • -tt. , •

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(2). • The conduct of domestic. intelligence or coml.

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2:: terintelligence operations. against United States eitizens

-;..by the Federal Bums .o( Investigation or any other

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...Federal ageocy., . •.:1! ;:14 7.120 ••• • • ;:

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0. .. (3) The origin and. disposition of the so-called Rus6:, ... ton Bin to apply United States intelligence agency

7 against individuals or organizations within

,.; . the United States. • - ; . :Pi•fts • I.

p : (4) The extent to which the Federal Bureau of In-

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10 *. vestigation, the Central Intelligence Agency, and other

11 Federal law enforcement or intelligence agencies coon'.

32 nate their respective activities, any agreements which

13 . govern that coordination, and the extent to which a lack

It of coordination has contributed to activities or actions

which are illegal, improper, inefficient; unethical, or con114.!!. • trary to the intent of Congress. •

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. .* . (5) The extent to which the operation of domestic

13. :*. intelligence or counterintelligence activities' and theoperation of any o

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 ther activities within the United States

Op • by the Central Intelligence Agency conforms Jo the legislative eharter of that Agency and the intent of the

22 Congress. • . '.•...:-• • •i;

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(6) The past and present interpretation by the

24 •Director of .Central Intelligence of. the responsibility to

25 protect Intelligence sources and methods is it relates to
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. provision-in scalar' 102 (d) (3) of the National

•t2 .! &gorily . Act of :1947 1(50 . IMO. 404 (4). (3) ) that

I !L..: that. thei agency. shall havti.no:police, subpena, law

!enforcement powers,.or.internal security. functions. . ."

is - :17) .Nature• and eitent• of _exicntife..brinch

6 sight of all united Stales intelligence activities: ;.,

!IS) iThe need for specific- legislative authority-, to

18 •..govern the operations of any intelligence . agencies. of

9 the Federal Goveriment.• now . existing without that

.10 • -explicit statutory authority, including' but not limited to

..4enCies such's: the Defense Intelligence: Agency and

:12 ' : the National Security Agency. • . : • ;•f

' Tbs. nature and .extent. to Which •Pwlenil agencies

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coopmute and exchange .interigence information and

.. the. adequacy ;of •any i regulations • or: statutes which

le • govern such .cooperation. and :exchange.'Of • iiatelllgence

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: (9).'The extent to which United States intelligence

agencies irei. governed -.by Ilkiscutive. ..iordirs, rules,. or

-regulations .either .pithlished :or . secret, *sand the etticit

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. • to which those Executive . eiders, rules, ..or regulations

interpret, -expand, or are in 410illict with specific lel"-

• Wive- authority. ..

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26 (10) The violaiiin or. suspectediviolation of any

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.,.....• • .. 4 -11:. .r.cf Ai' :'....••.......1. 11.(4,:-. wr C .) ....,-

. a Res. 21-2. ' . • 
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igyi%•*./.. Slate or. Federal statute by ariy intelligence 'agency or

- lr.. t• ( (thfany person by'. or in behalf of any intelligence agency

,31 •11 the Federal eciveriment including but not limited

-Le sirrePtitioui entrie • surveillance, wiretaps; or eaves11 . ..dreppirig, illegal opening of the United States mail; or

6 the'rienitoring of the United States mail.

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• (11) The need for improved, strengthened, or con1;18,-.1•In soridated oversight of United States intelligence tot-i

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 ti:.. tivities by the tiongress..:: r I ." •t•t:

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;! :a,. (12) . Whether Any'• of the existili laws of the

1j Ptited States are inadequate, either in their 'provisiOni

u or manner of enforceinent, to safegdard the rights of

zit inferiisui Citizens, 'to Improve executive and legislative

n. -;:.control of intelligence and related activities, and to 'res• solve uncertairities as to thenutbority of United States

qe...:7.7.:intelligence* and *related- agencies.. • • !. • .

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(1$) Whether there is unnecessary duplication of

. ekpendtare and iffcirt in the collection and processing

-19 .s43.3: of hitergeice infOnaition by United States agencies.

ulit I.. (14). The extent aid necessity of overt and Covert

intelligence activities in the united States and abroid.

(15) Such other related matters as the 'committee

23 deems necessary in order to carry oat its respensibMties •

si: sebtion ZSIll' ta:

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SRO. S. (a) To enable the select committee to make

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i. the investigation and study authorized and (Tweeted by this

- . 2 resolution, the Senate hereby empowers the select committee

• as an agency of the Sakti (1) to employ and •fix the cora64 ••• pensation of such clerical,• investigatory, legal, technical, •

5•. and other assistants-ss it deems necessary or appropriate,

6 but it may not exceed the normal Senate salary schedules;

.7 (2). to sit and 'act at any time or place during sessions,

:• 8 :realises, and adjournment periods of the Senate; (3) to hold

9 hearings for taking testimony on oath or to • receive docuto mentors or physical evidence relating to . the matters *and

1 . 11 questions it is authorized to investigate or study; 14). to

12. require by'subpena or otherwise the attendance as witnesses

13 of any persons who the select • committee. believes hare I •

.14 knowledge or information concerning any of the matters

-V or questions it is authorized to investigate and study; (5)

to require by subpena or order arty department, agency,

.17:.-opeer, or employee of the executive branch of the United

Alf.. States Government, or any private person, firm, or corpora- .

.39 • Go; to produce for its consideration or for use as evidence

.20 in its investigation and study any books, checks, canceled

21 checks, correspondence, communications, document, papers, . .

.22. physical evidence, records, recordings, tapes, or materials ren lating to any of the matters or questions it is authorized to

..14 investigate and study which they 'or.any . of them may have

s. ..2* in their custody or under their control; (6) to make to the
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Senate sly recommendations it deems appropriate in respect

-..2 to the willful Qum or refusal of any penon to answer gun-

•• 9 ions or give- testimony in his character ass witness during

4 • his appearance before it or•in "respect to the -willful failure

.6 • or refusal of any officer or employee of the execifive branch . •

: 6 of the United States Government or any person; firm, or

q • corporation to produce before the committee any books,

• "••6 checks, canceled checks, correspondetice., communications,

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-. 9 'document, financial records, papers, .physical • evidence,

40 records, recordings, tapes, or materials in obedience to any

sabpena or order; (7) to take depositiois and other testimony on oath anywhere within the United States or in any

is other country; (8) to procure. the temporary or intermit1i tent services of individual consultants, or organizations thereof,' in the same manner aid ender the lime -contlions as

ag a standing committee of the Senater may piocure such sere-

:At ices under • section 202 (i ) of the Legislative Beorganiz' a-

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Lion Act of 1948; (9) 'to use on a reimbursable basis, with

is 'the 'prior consent of the Committee on Rules and Administrafion, the services • of personnel of any such dePariment

. or agency; (10) to ass on a reimbursable basis 'or :ether-

.= vise- with the. prior consent. of the chairman of: any subcommittee' of any committee of. the i3eizate the facilities or

sei services a anyxembers'of the staffs of such other Senate

45 ocommittees iivany subcommittee "' of such other I:hoists. come 1
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1 mIttecs whenever the select committee or its chairman deems

2 the .such icfcn is necessary or appropriate to enable the

3 select committee to make the investigation and study author4 bid tad directed by th's resolution; (11) * to have direct •

3 . access through the agency of any members of the select

committeeof its investigatory or legal assistants

7 designated by it or its chairman or the ranking minority

8 member to any data, evidence, information, report, analysis,

9 or document or papers, relating to any of the matters or

13 questions which it is authorized and directed to investigate

u and 'tidy in the custody or under the control of any depart-.

n ment, agency, officer, or employee of the executive branch

n of the United States Government, including any deitrtment,

14 agency, officer, or employee of the United States Govern-

-15 ' merit having the power under the laws of the United States

16 to investigate any alleged criminal activities; or to prosecute

If/ persons charged with crimes against 'the United States and

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any department, agency, officer, or employee of the United

3,2 States Government having the authority to conduct intelli20 genie or surveillance within or outside the U'nited States,.

n without regard to the juriaction or authority of any other

22 Senate committee, which will aid the select committee to

28 prepare for or conduct the investigation and study' authorized

24 and directed by this resolution; and (12) to expend to the ..

25 extent It determines necessary or appropriate any money:

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I made available to it by the Senate to perform the duties

. 2 and exercise the poversconferred upon it by this resolution

3 . and tomake theinvestigation and study it is authorized by

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ge. this resolution to make. ... . . 31 •••

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5 • • (b) Subpenas may be issued by the select committee

acting through the chairman or any other member designated

7 by him, and may be served by lay person designated by

8 such chairman or other member anywhere within the borders

v of the United States. The chairman of the select committee,

10 or any other member thereof, is hereby authorized to admin-

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n ister oaths to any witnesses appearing before the committee.'

(c) In preparing for or conducting the investigation

is and study authorized and directed by this resolution, the

14 select committee shall bo empowered to exercise the powers

25 conferred upon committees of the Senate by section 6002 of

16 fide 18, United States Code, or any. other Act of Congress

17 regulating the granting of immunity to witnesses.

886. 4. The select committee shall have authority to

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le recommend the enactment of any new legislation or the

20 amendment of any existing statute which it considers neces-.

21 • say or desirable to strengthen or clarify the national seem-.

2g rity, intelligence, or surveillance activities of the United.

gg States and to protect the rights of United Stites citizens

24 with regard to those activities. •• • •

: • 1:1. • 11.1 • • • • ••.. :• Sac. 5. The selici committee shall make a final report.

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-1 . of the results of the investigation . and study conducted by .

2 it pursuant to this resolution, together with its findings and

its recommendations as to new congressional legislation it

deems necessary or desirable, to the Senate at the earliest •

5 practicable date, but no later than September 1, 1975. The

6 select committee may also submit to the Senate such interim

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: 15 consultants or organizations thereof. Such expenses shall be

! ?••• 16 paid from the contingent fund of the (

Senate upon vouchers

Its

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:. 32 approved by the chairman of the select committee.

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11 reports as it considers appropriate. After submission of its

final report, the select committee shall have three calendar

• 9 months to close its affairs, and on the expiration of such

amiable for the procurement of the services of individual '

three calendar months shall cease to exist. . • •

Sao. 6. The expenses of the select committee through

September 1, 1975, under this• resolution shall not exceed

$750,000 of which amount not to exceed $100,000 shall be

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