STATEMENT OF FRANK C. CARLUCCI DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE BEFORE THE SELECT COMMITTEE ON INTELLIGENCE UNITED STATES SENATE ON TITLE IV OF S.2284 THE NATIONAL INTELLIGENCE ACT OF 1980

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91-00901R000100220003-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 14, 2016
• Document Release Date: August 6, 2001
• Sequence Number: 3
• Publication Date: February 28, 1980
• Content Type: STATEMENT

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STATEMENT OF
FRANK C. CARLUCCI
DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE
BEFORE THE
SELECT COMMITTEE ON INTELLIGENCE
UNITED STATES SENATE
ON
TITLE IV
OF
S. 2284
THE "NATIONAL INTELLIGENCE ACT OF 1980"
FEBRUARY 28, 1980
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MR. CHAIRMAN, AS PROGRAM MANAGER OF THE CENTRAL INTELLI-
GENCE AGENCY, I AM PLEASED TO BE HERE TODAY TO TESTIFY ON
TITLE IV OF THE "NATIONAL INTELLIGENCE. ACT OF 1980."
IN MY OPINION THE BEST FOCAL POINT FOR DISCUSSION OF
THE PROVISIONS OF TITLE IV IS SECTION 401, THE "STATEMENT OF
PURPOSES", WHICH LISTS THE GOALS THAT THE TITLE IV PROVISIONS
SEEK TO ACCOMPLISH. TITLE IV GENERALLY ACHIEVES THOSE
GOALS.
ADMIRAL TURNER, IN HIS OPENING STATEMENT BEFORE THIS
COMMITTEE LAST WEEK INDICATED THAT ONE OF THE REASONS HE
HAS BEEN A STRONG SUPPORTER OF CHARTER LEGISLATION IS THE
FACT THAT "THE GUIDING LEGISLATION TODAY IS INCOMPLETE."
WHILE BOTH OF THE AGENCY'S ENABLING STATUTES, THE NATIONAL
SECURITY ACT OF 1947 AND THE CENTRAL INTELLIGENCE AGENCY ACT
OF 1949, HAVE BEEN INVALUABLE TOOLS WHICH ENABLED THIS
COUNTRY TO BUILD A STRONG INTELLIGENCE COLLECTION CAPABILITY,
THEY, LIKE ANYTHING ELSE, MUST BE REVIEWED AND UPDATED IN
LIGHT OF PAST HISTORY, NEW DEMANDS, AND FUTURE CONTINGENCIES.
THE CIA HAS FUNCTIONED FOR THE PAST 30 YEARS UNDER THESE
STATUTES, BUT THE TIME HAS COME, AS SECTION 401(A) PUTS IT,
"TO CLARIFY THE STATUTORY AUTHORITIES, FUNCTIONS, AND
RESPONSIBILITIES OF THE CENTRAL INTELLIGENCE AGENCY MR.
CHAIRMAN, THE PRESIDENT, THE DIRECTOR OF CENTRAL INTELLIGENCE,
AND I SUPPORT THIS EFFORT FULLY.
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TITLE IV OF S. 2284 WOULD REPEAL PROVISIONS OF THE
NATIONAL SECURITY ACT OF 1947 THAT RELATE TO THE CIA AND
THE CIA ACT OF 1949, AND WOULD REESTABLISH THE AGENCY "UNDER
THE DIRECTION OF THE NATIONAL SECURITY COUNCIL AND SUBJECT
TO INTELLIGENCE PLANS, OBJECTIVES, AND REQUIREMENTS ESTABLISHED
BY THE DIRECTOR OF NATIONAL INTELLIGENCE." SECTION 412
PROVIDES THAT THE DIRECTOR OF NATIONAL INTELLIGENCE AND THE
DIRECTOR OF THE CIA SHALL BE THE SAME PERSON, UNLESS THE
PRESIDENT DECIDES OTHERWISE; WITH THE ADVICE AND CONSENT OF
THE SENATE.
IN ACCORDANCE WITH THE SECOND "PURPOSE" OF TITLE
IV (SECTION 401(2)), "TO AUTHORIZE THE CENTRAL INTELLIGENCE
AGENCY TO PERFORM INTELLIGENCE ACTIVITIES THAT ARE NECESSARY
FOR THE CONDUCT OF THE FOREIGN RELATIONS AND THE PROTECTION
OF THE NATIONAL SECURITY OF THE UNITED STATES", TITLE IV
CLEARLY DELINEATES THE AUTHORITIES OF THE AGENCY TO COLLECT,
ANALYZE, PRODUCE, AND DISSEMINATE INTELLIGENCE AND TO
CONDUCT SPECIAL ACTIVITIES (SECTION 414(B))? ONE OF
THE KEY PROVISIONS OF TITLE IV IS REITERATION IN SECTION
412(E)(4) OF THE DIRECTOR OF THE AGENCY'S AUTHORITY "TO
PROTECT INTELLIGENCE SOURCES AND METHODS FROM UNAUTHORIZED
DISCLOSURE."
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MR. CHAIRMAN, TITLE IV CONTAINS MANY OTHER POSITIVE
PROVISIONS TOO NUMEROUS TO MENTION. I WOULD LIKE, HOWEVER,
TO COMMEND FOUR PROVISIONS TO THE ATTENTION OF THE COMMITTEE:
-- FIRST, SECTION 414(x)(10) AUTHORIZES THE AGENCY TO
"COORDINATE THE OVERT COLLECTION OF FOREIGN INTELLIGENCE
BY ENTITIES OF THE INTELLIGENCE COMMUNITY FROM WITTING
AND VOLUNTARY SOURCES WITHIN THE UNITED STATES." A
SLIGHTLY MODIFIED VERSION OF THIS PROVISION WHICH HAS
ADMINSTRATION APPROVAL IS ATTACHED IN AN APPENDIX.
THIS AMENDMENT WOULD MAKE CLEAR THAT THE COORDINATION
OF THESE OVERT COLLECTION ACTIVITIES WOULD BE SUBJECT
TO POLICY GUIDANCE OF THE DIRECTOR OF NATIONAL INTELLI-
GENCE. SUCH GUIDANCE IS NOW PROVIDED BY THE DIRECTOR
OF CENTRAL INTELLIGENCE.
-- SECONDLY, SECTION 431(c) WOULD ALLOW THE DIRECTOR OF
THE AGENCY IN SPECIFIED CIRCUMSTANCES TO EXTEND TO CIA
EMPLOYEES BY REGULATION CERTAIN BENEFITS AND ALLOWANCES
FOR FOREIGN SERVICE EMPLOYEES THAT ARE ENACTED SUBSEQUENT
TO THE ENACTMENT OF S. 2284? THIS AUTHORITY TO
PROVIDE FOR THE EXTENSION OF SUCH BENEFITS BY REGULATION
OF THE DIRECTOR ALONE DOES NOT HAVE ADMINISTRATION
APPROVAL. THE ADMINISTRATION AND THE OFFICE OF
MANAGEMENT AND BUDGET RECOGNIZE, HOWEVER, THAT
IT WOULD FREQUENTLY BE APPROPRIATE TO EXTEND
THESE SUBSEQUENTLY ENACTED ALLOWANCES AND BENEFITS
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TO CIA PERSONNEL. THUS, WE AND THE OFFICE OF MANAGEMENT
AND BUDGET WILL WANT TO WORK WITH THE COMMITTEE AS THE
LEGISLATIVE PROCESS MOVES FORWARD IN ORDER TO DETERMINE
HOW BEST TO PROVIDE FOR THE EXTENSION OF THESE ALLOWANCES
AND BENEFITS. I WANT TO ADD THAT I PERSONALLY FEEL
QUITE STRONGLY THAT PARITY WITH THE FOREIGN SERVICE
SHOULD BE ACHIEVED WHERE THE SITUATIONS AND CIRCUMSTANCES
OF OUR PERSONNEL SERVING ABROAD ARE INDISTINGUISHABLE
FROM THOSE OF FOREIGN SERVICE PERSONNEL.
-- THIRDLY, I MUST NOTE THAT THE SECTION 426 REQUIREMENT
FOR CONGRESSIONAL NOTIFICATION OF WITHDRAWALS FROM THE
RESERVE FUND IS INTIMATELY RELATED TO THE ISSUE OF
PRIOR NOTIFICATION OF SPECIAL ACTIVITIES, WHICH THE
COMMITTEE HAS BEEN DISCUSSING WITH ADMIRAL TURNER. WE
SHOULD KEEP IN MIND THAT SECTION 426 SHOULD TRACK WITH
WHATEVER REQUIREMENTS ARE EVENTUALLY DECIDED UPON IN
SECTIONS 125 AND 142;
-- FINALLY, THERE IS THE PROVISION CONCERNING RELIEF FROM
THE FREEDOM OF INFORMATION ACT (SECTION 421(D))?
ADMIRAL TURNER HAS ALREADY EXPRESSED THE ADMINISTRATION'S
VIEW THAT THIS PROVISION SHOULD HAVE INTELLIGENCE
COMMUNITY-WIDE APPLICABILITY, AND I BELIEVE THAT
SENATOR HUDDLESTON HAS INDICATED THAT HE DOES NOT
THINK THERE WILL BE ANY DIFFICULTLY IN ACCOMMODATING
THE ADMINISTRATION'S CONCERNS.
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MR. CHAIRMAN, THAT CONCLUDES MY PREPARED REMARKS. I
WILL, HOWEVER, BE GLAD TO ANSWER ANY QUESTIONS WITH REGARD
TO THE PROVISIONS OF TITLE IV.
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APPENDIX
SECTION 414(x)(10)
(AMENDATORY LANGUAGE UNDERLINED)
"(10) IN ACCORDANCE WITH POLICY GUIDANCE PROVIDED
BY THE DIRECTOR OF NATIONAL INTELLIGENCE, COORDINATE THE
OVERT COLLECTION ? ? ? STATES;"
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