STATEMENT OF SENATOR CHAFEE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP11M01422R000500030019-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 27, 2016
• Document Release Date: July 18, 2013
• Sequence Number: 19
• Publication Date: February 9, 1978
• Content Type: OPEN SOURCE

S 1:122 re-wflr2, rrti...T. A 1, 1-1.17
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aro. The Senate and indeed the country XS a
u-sole. dernanded that the intelligence ac-
tivities of the United States be carefully ex-
amined and set right. The period of investi-
gations is largely over. We are well aware of
the shorecomines and abuses that. have oc-
curred in the past. We also have bad the
opportunity to learn how an effective intel-
ligence system can serve to protect the secu-
rity and liberties of the United States, ,
The legislation which we introduce today-
is the beeinning of another phase of a joint-
effoet with the Executive branch to assure
that the Intelligence activities of the United
States are functioning under our Constitu?
tional fremework It Is intended to serve as
a reasonable agenda of the issues that must
be resolved if we- are- to- be- satisfied that we
have- written the legal structure necessary
for the governance- of intelligence-activities-
in our democratic society. The Executive,
breech end this Committee have agreed to
work tcgetber and test every point of this.
legislatiee proposal, We fully expecte that
some of the provisions will be modified. Some?
of the provision; no- doubt, wile be-eeere after
hearings, study and review- to-be too specific;
other provisions- will- -need amplification;
provisions wile be- dropped;- sent, others
be added. - - -??
This- Coramitnee is perhaps unique in iLv
insistence that all -members work closely to-
gether and share in the responsibility for-
- coesing up with the best possible charter for-
the intelligence activities' of the 'United
States. It is only-through a proems of rigor-
bes testing, study- and review of all points
-of- view that -we- will come- no- with- durable
and lasting- legislatierre It is not an easy task
to provide- a legislative charter for .actieities
that, are largely, eecret- In nature: The- task
requires the most- careful consideration- if we
- are to avoid repetition of the mistakes. of the'
pest, mistakes that, occurred largely as a
resume of an-independente understanding of
the nature and conseque-nces, of' creating a.
permanent: I tei tigeame systernee: --tee .7 ..
- - This-- Committee- worked closely, with- the-
Executive branch- in- the writing, of Executive
'Order. I2CC38 leTeed by- President- Carter- ore
January- 2& 1973. Last July. at- a meeting in
the White House; the- Committee-and' the -
, '..Pridene agreed to work together- on,. the-
executive order which. would serve as an In-
terim measure until perreanent statutea
could be written and passed-, It wea-agreed. by
bosh the Presiderre and. the- Cnrernittee, that
the- time required to write- a statue would
offer the oppo .r.mairiter to. test- thevairdtty of
_the. provisions, in the executive. order,: and
- Vast- thee teseinee of . the-executtve artier would
provide-a better basis-for- the- eventual stet-
Ute.3. ? ? ? ' . , ? .
. During the, year- and a belt that' r served-
as.- the first- Chairman- of- the- Select. Conamite
tee on Intelligence- to-was one- of my goats-to
have the Committee write legislation to- gov-
ern all the- intelligence, activities of the
United States_It is.a source- of great pleasure.
to me that, these bine. are. being introduced-
todae. I want in commend the. wcrk done hr
Senators RucleUeston and_ Mathias- ire e the
preparation of these draft-statutes-which
serve as the basis for the statutory effort_
These drafts spsn the. issues raised. lay the
Ford and. Carter executive orders, recom-
mendations of the Church Committee 'and
other issues which ought to be considered in.
prariding the framework for the governance
of intelleeence activities.
a:7e are agreed on. our purposes_ The Ex-
ecutive branch, the legislature and all mem-
bers of tbie Committee firmly believe that
statutory charters are necessary, and_ I think
whoewarteo.
provisions that should begehnct
contained.
noot anf Americans de rx Moste j r ?
of the debate and argument will focus on
Ins:tree the rights
are protected, without unduly hindering the
necessary at-etre:les of the intelligence agen-
cies. The premise or these draft statutes is-
CIA--1UP-1-1M01422R0-60500030019-2 78
that inteliience-act1vjtjes are necessary, and
should -be fully supported, but that they
require unusually rigorous processes. of re-
view and. oversight.
I am happe to continue with my colleagues
in this effort which I believe is a remarkably
successful ezarnple of how the two branches
can work closely together on-crucial and eery
difficult questions.
S7..171:.:ENT
?
I am- pleased teclay. to loin with my col--
leagues on the Select Committee on Intelli-
gence in cosponsoring the National Intelli-
gence Reorganizatien and Reform Act of
1978. I have long been, Impressed with the
dedication and capabilities- of the men, and.
women who work in the anonymity of our
Intelligence community. At. the same time,
the investigations of the intelligence com-
munity over tb.e last several years- have
broughe the nation's attention to abuses that
have been co-nmitted in the name of national
security as well as to the dilemmas posed
in a-. democratic, ancl, open. society by secret
intelligence activities..
The in.t?oduction.of legislation establishing.
charters for each of our intelligence agen.-
cies, setting, up procedures for review. and
approval- of _intelligence activities, and
establishing. clear and understandable guide-
lines -for what actions may or may not be
undertaken Will Mark- the beginning of 'a
new phase in the. history of the Intelligence
community. I believe that the. legislation
introduced today will strengthen our capa-
bilities to preserve our nation from activi-
ties by hostile governments at' the same time
conclusively that the actions
needed to protect our country can he under-
taken within and subject to. the law. ' .
The process of developing, these- charters
aa. gone on. for a year and a half.' This
process was marked by extensive consulta-
tion with the Executive Branch and with ex-
perts. within and. outside the 'government.
The president's recent Executive Order,.
which was shaped in consultation with the
Senate Select Committee on Intelligence,, re-
fleets this process-
Tbis legislation. Is complex and detailed.
While some of this legislation may be modi-
fied in. the months ahead. I believe that the
hard work which- has produced these char-
ters is anecessary first step toward the. estab-
lishment of an Improved national intelli-
gence structure. ? ,
Perhaps the most- important part or the
introduction of this, legislation. isethat. le
takeabasic issues; such ass what form should,
the, intelligence, community take:. whet- ac?
tions should it be. allowed to undertake;
what. must. we. do to ?protect- our security
from: hostile powers; what- protettions. do
. we. need for the. rights. of Americans,. and
begin- the public. debate. necessary to re-
build comid *e_ece_in. our intelligence agencies..
Mr. MATIiIAS, Mr. President wilt the
distinguished Senator from . Kentucky
yield?- .
. Mr: HTJDDLESTON: The- Senator will
yield.
IS. Mr. President I want,
t57e 'sure that The Senate understands
the debt which we owe to the Senator.
from Kentucky for his leadership and for
the tremendous amount of work that he-
has invested in the charters which--are
being introduced today by an unusual hi--
partisan group of Senators. I do not be-
lieve that we could have the- kind of
sponsorship of these bills if it had not
been for the kind, of balanced develop-
ment of the bills that the Senator from
Kentucky provided, the opportunity for
input that every member of the commit-
tee had. I just want to personally thank
him for what he has done and to make-
sure that really every -Member- of the
Senate fully appreciates the contribution'
that he has made to one of the mostellffi-
cult subjects that we have had.
Mr. IIUDDLESTON. I thank the Sen-
ator-free:I Maryland for his kind remarks,
and I must confess that I feel they are
overly generous, but what. we- are pre-
senting is the culmination of a great deal.
of work on the part-of staff members and, -
members of the committee and I think -
will point the way toward a reasona.ble
outline of control and regulation- over.. ?
our intelligence ouerations at the same . -
time protecting, the rights of our citizens-
and providing the framework for the vert
best and most effective_ and naost.effiCient.- ? .
intelligence operation, ha the entire-worltL
Mr. President,: with us on the floor is.
another- valuable- member of the- select..
committee who- has-been very helpful in
development of these- charters- and
guidelines and-is a cosponsor, thedisti-
guished Senator from the- State-of Utah. :
(Mr. Geleet)e
Mr: .G..412-N-. I thank the. Senator from .
y
Klrttrfor yielding: It.. hasbeen-a real.-
pleasure to-serve' not only on the select.
-committee: but- on. the Charters and --
Guidelines Subcommittee with the, -
tingidshed Senator from Ken bicky.., ?
Mr.HUDDLESTON. The-Senator from.-
Indiana- (Mr. LUeelt),? another member-
of the select ?pon-netittee, is on_ the- floor;
and 1 yield at. this time- to Senator' -
ItheeR; ? - -?
from- Kentucky (Mr. il000tssioN) ()Ds
40 F
111er41,411V President. IT coo-
ai,e, the distinguished- li.-tereatoe-
the introduction of this legislationeand
likewise my. colleague; Senator )3Ayn-,
chairman of the Select. Committee- one. e_
Intelligence :and- the,- Senator'. from. ?
Maryland (Mr.- MATHIAS,> the ranking-. -T-
minority member, all of.? whom have
given-special leadership in this effort.
I: agree that this is. aehistoric- moment.
with regard. to- hoth, intelligence- and.
various constitutional principles of raiz-
country..During the-past. year... the Presi-
dent of the United. States; representing.-
the-- executive branch,, has-- shared' with
the. Select Committee- on- Intelligence-
very weighty Matters. and considerable-
responsibilities; and- it has ? been- With
, sense of. mutual-. trust,- that -this- has
occurred. . ----- ??
_
now we - come to a, uoint-ewhert.
those- documents will be in-the open.
when, there- will be genuinely open de-
bate: through, the committee-- hearings.
al-Id- finally through the deliberations. of.
this-body, on. matters that-probably have:
never been so- thoroughly discussed, its
any country at any time: ? -- -
As- a matter of fact. the whole- idea-.
of intelligence_ being- a matter of pub-
lie discussion is a difficult.- one for marry-
persons. to- accept: It is a difficult one for.
many others-to ponder-over, se to how,.
in effect, the security- of our country
and those things that are- most, vital to-
us in knowledge about the rest- of the'
world can be-a matter of public scrutiny.-
without serious violation. of? our ability ta,
defend ourselves in those. things we need
to know. ?
I know that the question will not be en
-
easy- one. It has not been presented as
easy by the distinguished Senator from-
:Kentucky or others who have spoken- on'
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...Febvtar,71_9, 1978 CONGRESSIONAL RECORD?SENATE 6 17Z3- --
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this matte, LF-L t?I1C
those things we need to know and the feel the country wishes us well as-we begin
protection of the civil rights of Amen-
the work of adjusting, in detail. our defenses .,.,
L? thiS commi ttea under President Carter.
against both the internal and external. threate rine Commission on CIA Activities,
cars will exist throughout this debate, to our freedom. ?chaired by Vice President Rockefeller,
and I suspect throughout further admin- --- ? played an important role in identifying .
- istration of intelligence agencies-Under a STA.rsliz.:.:r OF SEN A102. WALLOP
-.... improper and illegal activities and stress-
new charter. 1 cm happy to co-sponsor this Committee's ing the importance of strict limits oia
Bat the need to do this is obvious. and eorts to coma up with a new. unified state- CIA activities in the United States. Pitt
the guess has begun, and I am certain we tory basis. for this r.ation's many necessary ney General Edward H.- Levi provided
are determined to be successful. In a bi- intelligence activities. I know we will have to ? ?
partisan spirit, the committees joined to- change many of the provisions In tnese texts, many of the crucial standards for bring-
gather today in an open hearing with the -fTira teee are _a. fit pace from 7-t,i,7n.,to st'rt. lag intelligence. within the rule of law.,
Pres, and now, serving as Part of the k?or example, we must emphasize to a. far He was responsible' for developing the e
se
deliberations in the introduction Of the our -concern for the effeCtiveness of greater extent than has been done thus far our in-- first piece of intelligence legislation, the .
bill.. I am very pleased to be a cosponsor telitgence agencies. We niust a-'so do more to Foreign Intelligence Surveillance Act,
of this legislation, and look forward, as ate -insulate the agencies from partisan political. Which will require acourt order for all In- es
elreater telligence wiretaps in the United States..
? member of the subcommittee headed by.-
*: influence. Finally, charter legislation. must..
e the distinguished Senator from' -Ken.--provide ''prcxvicle security for our vital intern- That bill is now before the Intelligence
tecky, to participating in the debate and: genes secrets than we now have and than the Committee, and we intend to report- it
,- helping it to proceed to success. .. -- - - ? soon to the Senate floor. .
drafts now provide for. But We must begin
- Mr. li-UDDLESTON. I thank the dis- ... .. .. . .- - .: -- Attorney General Levi also adopted the .
- somewhere.
- ? ---- . ; . .'. ADDirtaiqA1.. 1!..."1:-F.3.!_t:11.-2. . ? . .
'first -forma.1 guidelines for FBI. int,elli-.....,
theginshed Senator from Indiana. - ? .
.11r. President,.I ask unanimous consent.; ? ? - ?-/..fr. BA1.'H. Mr. President, the National genc,e investigations. .Those guidelines -
that- statements- by. the distinguished-. IntellErk-eorganiza.tion and. Reform-- were a- valuable resource for this. corn-
Senator from-New York (Yr. MoTeriersis/?:-'? . Act of 1978 is tieing introduced today; It. inittee as we tried to frame realistic . ..
and the distinguished Senator from Wsei,- ? marks a crucial turning point for the in-- standards-for the FBI. Director Clarence_
.?oming tIef.r. Wser-oe)- be printed in the.- . telligence agencies of the United States, Kelley consistently endorsed the. need -
Recoari atthipoint. ? .... .- ? - ? --Seses_s s- --'---; The -introduction of intelligence charter . for It gisla?tion to clarify the intellie ?
-Thera being no objection, tite;--state- e: legislation means that the Congress, and genee- jurisdiction. In line With Atterney:---
- re-nts were ordered to be peinteden theee. I believe the American people, want to General Levi's guidelines, he reorgae-
pesebeetesebniewet --_ ei e n n n, _se: ,,. . - - .-- gi. e- cur intelligence agencies .a. clear nized the -FBI Intelligence Diyinien in
OiT :
- - ? niara.ate to carry on their essential work- 1976 so as to draw a clear line- between
SawaToa mo-Tisinsee
under the rules of law. The time has come .P.6.1-? foreig-n ? counterintelligence and
-- -... I am pleased to join my colleagues .from,
the s ect- Canunittee on Intelligence i co-
to look to the future. rather than the domestic law- enforcement- operations-
. eln
- st.sonsoring :the ,7?National. Intelligence Re-. The- -FBI - charter tlegi.slation, carriea
paste and give the intelligence agencies
orrknization and Reform Act of 1973,- The the kind of support and guidance they -forward -the essential-- thrust or those
broad bipartisan support of this Nil testifies need to perform -the difficult tasks en- decisions.
tocur common re-cognition of the need to trusted to theln. ' - ., '
. The- first Executive order on Intent* -..
provide adequate statutory -support. for the Many thousands of dedicated men and genc-e, E. Oi 1190e, issued by Prefedent,
activities of our intelligepoa cge.ncles. Per- women in the FBI, the CIA, the National Ford, was a pioneering attempt to regu-
. naps no one. DE us. agrees witia every feature- Security- Agency, and other Parts of the ale and Mite-eve the management of in-- -
of the .bill. as. presently vrrittem. but We are-- .,.,,,,,,,,..._ee.: Community are .
_ united in .our belie; that . a - proper -balance '-'-''''-'1='''-'devoting telligenee operations. In helping to pre- ?
rjee and must-he struck in order tonrotect -d- carry out that. order; and the
their- lives and- talents to. the service- ofe.-. pare- an
am-rights fro_a the organizations we depend their country.- They are looking to us; as regulations implementing - it,: :. CIA-? Di-
_ troon to-ward off external threats as well as - Members of Congress and citizens of the- -rectors William Colby and George Bush
from the external threats themselves. United States, for an unmistakable sign established ie new policies tie hesure . that.
Walla the dangers which our intelligence. -that we understand the importance of CIA. operations. would not. intrude upon
- . actstvitles- Call- 'PC'S? t? Gur righte have' been --:_their efforts. The charter legislation the rights of Americ,ans. e s - ?---..'. .
years, we are only-now becoming full
. - widely discussed and written about in recent -..-signal-s to them,- 'and .to thosewho pre- e Finally, ? our thanks_ go to- President- -=
. y aware--
- or the dangers posed by the activities or ,
? ceeed and will follow them, that. we be-n Carter, Vice President Mondale, and the -
..
. hostil intelligence agencies. After some lieve our -intelligence agencies are vital members of .their administration for the-. ,.
e
- '-oct.ding. the. Administration has begun to.. to the Nation's security. intensive-work they have put in over past -
-et- -race seriously 'the-question or Soviet elec-- ? - These charters are the culmination-of months to develop a-new Executive order..
e t--._eopic-aamesciansiellees-e .with-na? ? tL-e.---tri-l-ited :. 3-years work by Members of the Senate, . .. .which provides,- in many respects, it
mate, that the bill we ar no rod?ucin
.-
-Iresthis connee on. k- ara ilaPPY ' to- be their staffs by offieiala of the- exe..en__, . model for .charter legislation. By giving
_ .- e w' intg : ' - ' " - -
would specifically require the National "secu- :"
tive branch under. two-. administrations,.. this committee- an' opportunity to: Par
rite. Council to .address the question - ? ,
. of jie. and by interested citizens who have taken ': ticiPate in drafting the order they have----..---?
t . -
1, l'orrningt..ni ,,ste citizens if their cern/Manic-a; I- the time to shirr& their ?ve steitte?Uss- -.--- -
tironght.-the .congress end the inteili- --
--- '.-tions. are vulnerable to interception. ? - ?. -.-'_ : The original Select Committee on? Lire- gerice:-CPmrinmity -together into -a-. cliie.e.,- .-..'
The dangers posed by foreign- intelltgenre-
telligence Activities, chaired by Senator working relationship. This cooperation ,
'
_activities. are not limited to illegal electronic: Cuuttcn, had the enormous task of in.- may. be unique in the history of rela-?
- sui ieillance- Recent- statements by ad/a-Lints- vestigating past activities and making - tons-- between- . the ? two ? branches or
: r.ration cstciala. as well as the re -shuffling of
the first comprehensive recommends,: Government. : -- s- -?:- --- -- --se: - -- ?
the- responsibility for - cotuaterintelligence in
tions for intelligence charter legislation.. - It is often- said of the legislative proc-
-Intelligence Community, have led-me to won- The.
recent Executive- Order reorganizing the -ess in modern-times that "the President ? ?
Church committee's reports. ?
did . _
DI opo.ses and the Congress disposes." The-.. -
der whether we might not face a larger coun- much more than document abuses. They :
intelligence charters do not fit. this pat-
terespionage.. problem than is generally real- stressed the need for a coherent 112tional. tern. President Carter has a-greed that. .
ized. In the course of considering this legis-. . . ,
- e ieence :pro-ameoased on firm pm- . the Congress take the initve in drafte ..
lation, we shall' be holding hearings on this. ,iples of accountability and tresnect for ?
problem. raa*e sure that the coun- - ' , mg the legislation, and he encouraged
and Olall
the executive dgencies to work- with- us
in this enterprise. These consultations.
have not resolved all issues, nor should
they, nor would any reasonable- person
expect total agreement at this point. But
we understand our differences more
clearly, and we have confidence that- the ?
remaining problems can be solved as we
move ahead.
Many of these outstanding issues in-
-
_ ? _ ? _
tarinteiligence function is well coordinated,
that the intelligence agencies are author-
ized to undertake all legitimate and neces-
sary actions to moet this threat.
We are now formally embarked on. a- Jour.-
nay perhaps unprecedented In history-an at-
tempt to bring an intelligence system within
the framework of a country's legal system
and to regulate it by public laws and rules.
As far as I know, no other country has ever
attempted to do this and doubtless there will
-
the rights of Americans. They established
the agenda for legislation that would put,
those principles into practice. And they
made- specific proposals which, in most
respects, are embodied in the essential
features of the measure introduced to--
day. -
We also owe a debt of gratitude to the
many senior administration officials, first
under President Ford, and more reeentite
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