acutely aware that we are acting on behalf of every citizen of the United States, all of whom have again been deprived of their right of choice.

No Member of Congress can avoid the sobering thought that for this special purpose each constituency has been expanded to embrace all of the 50 States and the District of Columbia. It is this committee's determination to meet this unusual responsibility with its very best efforts.

The office of Vice President has now been vacant 17 times since 1789, and it may be that the Congress will again want to reconsider whether, in the case of vacancies in the office of President or Vice President, there ought to be a constitutional amendment setting a spe cial election under certain circumstances.

Within the limits of 1 year, this committee will have considered the nominations of two separate individuals to be Vice President of the United States. I make reference to this fact, not to focus anew on any of the unfortunate circumstances which have made necessary these two nominations to our second highest office, but rather to reiterate the determination of this committee to discharge its responsibility through an orderly, logical, thorough, and just inquiry into the nominee's qualifications to serve as Vice President of the United States. To emphasize the deep sense of responsibility with which the committee embarked upon its investigation of the qualifications of Congressman Ford to be Vice President, I then stated:

If history is to instruct us, this committee should view its obligations as no less important than the selection of a potential President of the United States. History has verified that prophecy.

During this committee's consideration of the Ford nomination, his political views were explored in considerable depth. Nevertheless, the approval of his nomination was predicated not on his political affiliation nor on his voting record in Congress, but rather on his qualifications to serve in the office.

Had the committee and subsequently the Congress itself-not accepted that principle, it is possible that Mr. Ford would not have been confirmed as Vice President.

Now, by his nomination of former Governor Rockefeller to be Vice President of the United States, President Ford has introduced a new and significant element for the committee's consideration. I refer, of course, to the public-policy implications of a nominee whose vast financial holdings touch many segments of the American economic. system.

While the committee will explore in depth any and all implications to be drawn from the nominee's possession of great wealth and his prospective service as Vice President, it intends also to look at all aspects of his life and his career, in order that the American public may be fully informed on his views on the many important issues facing the Nation today.

The committee and the American people now have considerable information on the long public service of Mr. Rockefeller-as Governor of the State of New York for 15 years, as a deputy Cabinet official on

three occasions, and as a three-time candidate for the nomination for President of the United States.

As chairman of the committee, I have addressed letters to several persons of high responsibility in our Government, requesting information in connection with our investigation of Mr. Rockefeller's qualifications and fitness for the Office of Vice President. Such letters were sent to the Attorney General, the Comptroller General, the Special Watergate Prosecutor, and the chairman of the Senate Watergate Committee among others.

Without objection, copies of those letters will be inserted in an appendix to these hearings.

[The letters referred to appear on pp. 1045-1048 of these hearings.] In addition, I have communicated with Governor Rockefeller requesting:

1. Authorization for the committee to obtain information concerning his health from any medical specialists who may have treated him;

6

2. Copies of his Federal and State income tax returns for the past years;

3. Full information on his assets, liabilities, and net worth; and 4. A biographical statement.

In response to the above requests, the committee has already received the following:

1. An FBI report on the nominee. This voluminous report, consisting of more than 2,000 pages, represents the work of over 300 FBI agents and 37 field offices of the Bureau. More than 1,400 persons were interviewed for this purpose. Under an agreement within the committee, only the chairman and the ranking minority member, Senator Cook, have had access to this raw material.

2. Copies from Mr. Rockefeller of his Federal income tax returns for the past 7 years. These returns have been available to all members of the committee.

3. A preliminary statement from Mr. Rockefeller on his assets, liabilities, and net worth. The committee has requested him to revise that information, bring it up to date, and present it to the public at this hearing.

4. Information in the public domain compiled from its resources by the Library of Congress, including an excellent report compiled by the Congressional Research Service entitled, "Analysis of the Philosophy and Public Record of Nelson A. Rockefeller, Nominee for Vice President of the United States."

At my request, the staff of this committee has compiled a listing of the most important and pertinent additional materials the committee has received, from the nominee and other sources, relating to its present inquiry.

As another indication of the breadth of the committee's investigation into the qualifications and fitness of Mr. Rockefeller to be Vice President, I wish, if there is no objection, to insert that list in the record at this point.

[The information referred to follows:]

INFORMATION RECEIVED TO DATE BY THE COMMITTEE FROM VARIOUS SOURCES

(Date information received in parentheses)

FROM NELSON A. ROCKEFELLER

NOTE. Most of the information itemized below that the Committee has received from Mr. Rockefeller has been supplied by him without waiver of confidentiality, and with the understanding that it would be available for examination only by Committee Members themselves or by staff members designated by the Chairman.

(1) Federal income tax returns of Nelson A. Rockefeller for the years 1967 through 1973, inclusive (August 26, 1974).

(2) New York City income tax returns for Nelson A. Rockefeller and Margaretta Fitler Rockefeller for the years 1967 through 1973, inclusive (August 29, 1974).

(3) United States Fiduciary income tax returns for the Trust under indenture dated May 3, 1963, made by and for the benefit of Margaretta Fitler Murphy (now Rockefeller) for the calendar years 1967 through 1973, inclusive (August 29, 1974).

(4) United States Fiduciary income tax returns for the Trust under indenture dated May 3, 1963, made by Nelson A. Rockefeller for the benefit of Margaretta Fitler Murphy (now Rockefeller) for the fiscal years ended January 31, 1968 through 1974, inclusive (August 29, 1974).

(5) Federal Gift Tax returns for Nelson A. Rockefeller and Federal Gift Tax returns for Margaretta Fitler Rockefeller for the calendar years 1967 through 1970, inclusive; the four quarters of 1971 through 1973, inclusive; and the quarters ended March 1974 and June 1974 (August 29, 1974).

(6) Venezuelan "Declaracion De Rentas" of Nelson A. Rockefeller for the calendar year 1973 (August 29, 1974).

(7) New York State income tax returns for Nelson A. Rockefeller and Margaretta Fitler Rockefeller for the years 1967 through 1973, inclusive (August 29, 1974).

(8) (a) A statement of net worth of Nelson A. Rockefeller and his wife, Margaretta Fitler Rockefeller; (b) a summary of their Federal income tax returns for 1967-1973, inclusive; and (c) a summary of taxes paid during the same years (August 30, 1974).

(9) (a) A biographical summary of Nelson A. Rockefeller; and (b) a list of all associations with which Mr. Rockefeller and his wife, Margaretta Fitler Rockefeller, have been involved over the years (September 9, 1974).

(10) Deed of Trust dated December 18, 1934, made by John D. Rockefeller, Jr., for the benefit of Nelson A. Rockefeller, the Deed of Trust dated December 18, 1934, made by John D. Rockefeller, Jr., for the benefit of Abby A. Rockefeller, and summaries of the relevant provisions thereof (September 10, 1974).

(11) United States Fiduciary Income Tax Returns for both of the trusts under Deed of Trust dated December 18, 1934, made by John D. Rockefeller, Jr., for the benefit of Nelson A. Rockefeller and Abby A. Rockefeller, respectively, for the years 1967 through 1973, inclusive (September 10, 1974).

(12) Audited list of the securities held in the two trusts dated December 18, 1934, as of August 23, 1974, updated to August 28, 1974 (September 10, 1974). '(13) Trust under indenture dated May 3, 1963, made by and for the benefit of Margaretta Fitler Murphy (now Rockefeller), and the trust under indenture dated May 3, 1963, made by Nelson A. Rockefeller for the benefit of Margaretta Fitler Murphy (now Rockefeller), and summaries of the relevant provisions thereof (September 10, 1974).

(14) Listing of all securities held by the two trusts under indenture dated May 3, 1963, for the benefit of Margaretta Fitler Murphy (now Rockefeller) (September 10, 1974).

(15) Listing of real property owned by Nelson A. Rockefeller and Margaretta F. Rockefeller along with a description of Nelson A. Rockefeller's Venezuelan real estate interests (September 10, 1974).

(16) Statement regarding four Rockefeller founded institutions and the relation to them, if any, of Governor Rockefeller. The institutions are the Rockefeller University, the Rockefeller Foundation, the Rockefeller Brothers Fund, and Rockefeller Center, Inc. (September 12, 1974).

(17) Summary of trusts held for the benefit of Nelson A. Rockefeller, Margaretta Fitler Rockefeller, and trusts created by Nelson A. Rockefeller for the bene

fit of his children, grandchildren, and former wife, Mary Clark Rockefeller (September 12, 1974).

(18) Analysis of domestic and foreign dividend and interest income collected in each of the two 1934 trusts for the benefit of Mr. Rockefeller, indicating the industry (and in many cases, the company) by dollar amounts and by percentages, for the years 1964-1973, inclusive (September 12, 1974).

(19) One copy each of United States Business Performance Abroad, The Case Study of The International Basic Economy Corporation, and The AA Story (September 12, 1974).

(20) Record of Nelson A. Rockefeller's medical history, supplied to the Committee by Dr. W. Kenneth Riland at the direction of Mr. Rockefeller (September 12, 1974).

(21) List of foreign awards received by Nelson A. Rockefeller from 1945 to 1972 (September 18, 1974).

(22) Gifts to Nelson A. Rockefeller from Foreign Heads of State (September 18, 1974).

(23) Amended descriptive list of associations of which Nelson A. Rockefeller and Margaretta F. Rockefeller are members (September 18, 1974).

(24) Copy of the "Berlinger Report" on the award of certain data processing contracts by the New York State Department of Social Services (September 18, 1974).

(25) List of foreign countries visited by Nelson A. Rockefeller as a representative of the United States Government (September 20, 1974).

(26) Amended list of gifts to Nelson A. Rockefeller from Foreign Heads of State (September 20, 1974).

(27) Descriptive list of associations to which Nelson A. Rockefeller formerly belonged (September 20, 1974).

FROM THE ATTORNEY GENERAL OF THE UNITED STATES

A summary and analysis of the Federal conflict of interest law, 18 U.S.C. 208, and of any other statutes which might apply to Mr. Rockefeller if he were confirmed as Vice President; and an opinion as to whether it would be lawful for Mr. Rockefeller, while serving as Vice President, to be an officer, director, or stockholder of, or to hold any other beneficial interest in, any company having contracts with any agency of the United States Government (September 20, 1974).

FROM THE LIBRARY OF CONGRESS AND ITS CONGRESSIONAL RESEARCH SERVICE

A wealth of information in the public domain (articles from newspapers and periodicals, special studies, etc.) encompassing Nelson A. Rockefeller's entire adult life.

FROM THE CHAIRMAN OF THE SELECT COMMITTEE ON PRESIDENTIAL CAMPAIGN

ACTIVITIES

Advice that the Select Committee did not in the course of its hearings develop any information indicating in any way that Governor Rockefeller had any connection with the events known collectively as the Watergate affair (September 9, 1974).

FROM THE NEW YORK STATE BOARD OF ELECTIONS

Copies of reports on campaign receipts and expenditures filed with the New York Secretary of State by the Friends of the Rockefeller Team on January 5, 1972, January 4, 1973, and October 29, 1973 (September 17, 1974).

The CHAIRMAN. To satisfy the Nation will be a most difficult task. It is the nature of people to think for themselves and to form their own opinions. To the extent of human capability, the Committee on Rules and Administration will examine exhaustively, objectively, and honestly the qualifications of this nominee, Nelson Rockefeller, before making its report to the Senate, so that those who do not approve of the nominee will know that no stone was left unturned in the search for the truth.

In this connection, I would add that the nominee's father, John Davison Rockefeller, Jr., once said: "I believe that every right implies

a responsibility; every opportunity an obligation; every possession a duty." I would hope that this admonition would apply equally to our principal witness and the members of this committee.

To suggest that this investigation is complex and arduous is an understatement. Nelson Rockefeller is a man whose experience embraces a multitude of pursuits.

It is the intention of this committee to accord Mr. Rockefeller adequate time for his statement with full interrogation by the committee members.

Next, the committee will hear from any Members of Congress who wish to appear in favor of or opposition to the nomination. Other witnesses will then be heard.

The committee will reserve the right to recall Mr. Rockefeller for further testimony after it has heard from others.

Less than a year ago, I asked Mr. Ford, who has nominated Mr. Rockefeller to succeed him, about the power of the President to terminate an investigation or criminal prosecution of a former President who has resigned. The response was, "I do not think the public would stand for it." It is clear that his statement was correct-the public did not stand for it.

Therefore, it is my serious concern that this nominee's responses to questions posed during these hearings will stand the test of time; that they will be substantive rather than hypothetical; that they will be forthright rather than equivocal; that they will not be subjected to later tailoring to fit a particular expediency.

I would now like to defer to the distinguished ranking minority member of this committee, the Honorable Marlow Cook, to proceed with his opening remarks.

OPENING STATEMENT OF HON. MARLOW W. COOK, RANKING MINORITY MEMBER, COMMITTEE ON RULES AND ADMINISTRATION

Senator Cook. Thank you very much, Mr. Chairman.

The Constitution of the United States is again guiding our steps and, in orderly transition, the Nation has a new President.

For the 17th time in our history, the office of the Vice President is vacant, and for the second time in 11 months, we are here to fill this vacancy.

While neither the President nor the Vice President will have been elected to their respective offices by the people they serve, the voice of these people is heard very clearly through their elected representatives.

The Constitution is indeed a remarkable document, and as a Nation we can all take comfort and strength in the knowledge that the system works.

Section 2 of the 25th amendment provides: "Whenever there is a vacancy in the Office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority of both Houses of Congress.'

The President has nominated Nelson Rockefeller. Our purpose is to determine the fitness and qualifications of the nominee to be Vice President of the United States.