[COMMENTS ON BILL REGARDING INTELLIGENCE RESPONSIBILITIES]

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79M00983A001800060004-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 60
• Document Creation Date: December 16, 2016
• Document Release Date: March 31, 2005
• Sequence Number: 4
• Publication Date: May 24, 1977
• Content Type: REGULATION

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NATIONAL FOREIGN INTELLIGENCE BOARD
2 0 MAY 1977
MEMORANDUM FOR NFIB PRINCIPALS
0'C y77- "
- - --------------------
- V 7 -0 1/8 119
SUBJECT: Definitions in SSCI "National Intelligence Act
of 1977"
1. References are the attached letter of 17 May 1977
from Senator Walter D. Huddleston, Chairman of the Subcommittee
on Charters and Guidelines, Senate Select Committee on Intelli-
gence, and its enclosed 9 May draft of the "National Intelli-
gence Act of 1977," which ~is the draft Title 1 of what the
SSCI plans to propose as the "National Intelligence Reorganiza-
tion and Reform Act of 1977."
2. Senator Huddleston has requested comments on the
definitions contained in Section 103 of the draft act. The
listing includes definitions of:
Intelligence Community
Intelligence activities
National intelligence
National intelligence activity
Departmental intelligence
Departmental intelligence activity
Tactical intelligence
Tactical intelligence activity
Intelligence related activity
Counterintelligence activity
Special activity
Sensitive clandestine collection project
Exceptionally sensitive clandestine collection project
National of the United States
Terrorist activity
Sabotage
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3. It is requested that you provide me prior to close
of business Wednesday, 25 May:
a. Any comments on or proposed changes to the
definitions contained in the draft act;
b. Any suggested terms, and accompanying
definitions, which you consider should be added to
the list;
c. Any terms presently on the list that you
consider should be deleted.
4. My action officer on this project isi
Attachments:
as stated
y telephone at
If you have question
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 UNCLASSIFIED CONFI[,,,, DIAL SECRET
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EXECUTIVE SECRETARIAT
Routing Slip
ACTION
INFO
DATE
INITIAL
1
DCI
2
DDCI
X
3
D/DCI/IC
4
DDS&T
5
DDI
6
DDA
7
DDO
8
D/DCI/NI
9
GC
10
LC
X
11
IG
12
Compt
13
D/Pers
14
D/S
15
DTR
16
A/DCI/PA
17
AO/ DCI
18
C/IPS
19
DCI/SS
20
21
22
May
Date
Remarks: To 10: Please effect necessary coordination
and clear CIA rep;ponse with DDCI. Note deadli e
of "prior to COB Wednesday, 25 May."
Note: 'K Cover Memo only to DDCI
D/ 2Ex3ecutive Secretary
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 HOWARD H. BAKER. JR., TENN., VICE CHAIRMAN
I p?
BIRCH BAYH. IND. CLIFF Q20 P. E N J
ADLAI E. STEVENS~N, JR.. ILlpprov I-llrR~ase 2005/04/13: CIA-RDP79M00983A00180Q-6 WILLIAM D
HA
.
THAWAY, MAINE MARK O. HATFIELD, OREG.
WALTER UT
KY. BARRY COLDWATER, ARIZ.
JO1EPA R. BIDEN, JR., DEL. ROBERT T. STAFFORD, VT.
ROBERT MORGAN, N.C. JAKE DARN, UTAH
GARY HART, COLO.
MIKE MANSFIELD, MONT., EX OFFICIO
HUGH SCOTT, PA., EX OFFICIO
May 17, 1977
17
~uF eM ay
~g
IN RESPONSE
REFER TO: R7215
Washington, D. C. 20505
'Cn fe~1 Zfafez ,ferrate."....
SELECT COMMITTEE ON INTELLIGENCE
(PURSUANT TO S. RES. 400, 14TH CONGRESS)
WASHINGTON. D.C. 20510
Deputy to the DUi tor the
Intelligence Community
to draw up standardized definitions of intelligence activi-
ties. In addition to this effort the Select Committee is
required by S. Res. 400 of the 94th Congress, 2nd Session,
to study the development of a uniform set of definitions
and report on that study to the Senate by July 1 of this
year.
On Friday in a meeting with the Senate Select Commit-
tee on Intelligence, the President endorsed the notion of
legislative charters for the nation's intelligence activi-
ties. As part of the drafting process for legislative
charters, the Subcommittee on Charters and Guidelines of
the Senate Select Committee on Intelligence is attempting
I am enclosing a copy of the most recent draft of The
National Intelligence Act of 1977. This draft includes a
series of definitions. I would very much appreciate it if
you would provide me, as soon as possible, with any comments
which the agencies of the Intelligence Community have on
these definitions. If we are able to standardize defini-
tions, I believe we will have made a great step forward in
the process of developing a statutory base for the vital
intelligence activities of the United States.
Very truly yours,
Walter D. Huddleston
Chairman, Subcommittee on
Charters and Guidelines
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TITLE I -- National Intelligence Act of 1977
Sec.
101.
Short title
Sec.
102.
Statement of Purposes
Sec. 103.
Definitions
Sec. 104.
National Intelligence Activities;
Authorization
6
Sec. 105.
Director and Deputy Director
7
Sec. 106.
Authority and Duties of the
Director
9
Sec. 107.
Departmental Responsibility for
Reporting National Intelligence
15
Sec. 108.
Assistant Directors; Staff;
Committees and Boards
16
Sec. 109.
Report of Violations
16
Sec. 110.
Records
17
Sec. 111.
Requirements Relating to Appropri-
ations for National Intelligence
Activities
Sec. 112.
Operations Coordinating Committee;
Restrictions and Requirements
Regarding Certain Activities
Pro-
,
jects, and Changes
20
Sec. 113.
Prohibition Against the use of
Individuals who follow Religious
Vocations, Government Grantees,
and Journalists for Certain Intel-
ligence Activities
25
Sec. 114.
Prohibition Against the use of
Nationals of the United States as
Combatants in Foreign Countries
26
Sec. 115.
Prohibitions on Particular Forms
of Special Activities
27
Sec. 116.
Prohibition on Assassination
27
Sec. 117.
Counterintelligence Committee;
Restrictions and Requirements
Regarding Counterintelligence
Activities
Sec. 118.
Intelligence Oversight Board
31
Sec. 119.
Congressional Committee Reports
33
Sec. 120.
Annual Report of the Director
34
Sec. 121.
Amendment Chapter 51, Title 18, USC
34
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9 5 th CONGRESS (NOTE.-Fill in all blank lines except
r_- those provided for the date. num-
ber, and reference of bill.)
1 S SESSION Se
5/9/77
IN THE SENATE OF THE UNITED STATES
introduced the following bill; which was read twice and referred to the Committee on
A ILL
To improve the national intelligence system of the United States
by the establishment of a statutory basis for the national
intelligence activities of the United States, and for other
purposes.
Be it enacted y the Senate and House of Representatives of the United States of
America in Congress assembled, That this Act may be cited as the
"National Intelligence Reorganization and Reform Act of 1977".
TITLE I--NATIONAL INTELLIGENCE
SHORT TITLE
Sec. 101. This title may be cited as the "National Intel-
ligence Act of 1977".
STATEMENT OF PURPOSES
Sec. 102. It is the purpose of this Act--
(1) to insure that all intelligence activities of the
United States are properly and effectively directed, regulated,
coordinated, and administered;
(2) to provide for the appointment of a Director of
National Intelligence, assign and clearly describe his
responsibilities, confer on him the authority necessary to
fulfill those responsibilities, and to make him, and through
him the entities of the Intelligence Community, accountable
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to the President, the Congress, and the people of the
United States;
(3) to provide the executive and legislative branches
of the Government with such accurate, relevant, and timely
information and analysis as may be necessary to enable such
branches to make sound and informed decisions regarding
the security and vital interests of the United States and
to protect the United States against foreign intelligence
activities, terrorism, and other forms of hostile action
directed against the United States, and against international
narcotics traffic; and
(4) to insure that the intelligence activities of the
United States do not infringe upon or violate those individual
rights protected by the Constitution or laws of the United
States.
DEFINITIONS
Sec. 103. As used in this title--
(1) The term "Intelligence Community" means the
Central Intelligence Agency, the Defense Intelligence
Agency, the National Security Agency, the Special Offices for
Reconnaissance Activities, and their successors and such
other entities of the Federal Government to the extent that
such entities engage in national intelligence activities
as determined by the President, including but not limited
to--
(A) the intelligence elements of the military
services,
(B) the Intelligence Division of the Federal
Bureau of Investigation,
(C) the Bureau of Intelligence and Research of the
Department of State,
(D) the intelligence components of the Department
of the Treasury,
(E) the intelligence components of the Energy
Research and Development Administration,
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(F) the intelligence components of the Drug
Enforcement Administration.
(2) The term "intelligence activities" means--
(A) the collection, processing, file retention,
analysis, estimation, production, communication or
dissemination of information which relates to any
foreign country, or any foreign government, political
group, party, military force. movement or other
association of persons, or on individuals in such foreign
country, and which relates to the defense, foreign
policy, national security, or related policies of the
United States, and all activities which are in support
of any such collection, processing, file retention,
analysis, estimation, production, communication, dissem-
ination, or use of information;
(B) any counterintelligence activity;
(C) any special activity.
(3) The term "national intelligence" means information
or analysis relating to the national defense, the national
security, or the foreign policy of the United States which
is used primarily by policymakers involved in the formulation
and direction of national policy particularly foreign policy
and national security policy. Such term does not include
information or analysis which is used primarily by depart-
ment or agency heads or operational commanders of the armed
forces of the United States and which has little or no
significant national policy-making purpose.
(4) The term "national intelligence activity" means any
activity conducted by entities of the Intelligence Community
of the United States, the primary purpose of which is to
product national intelligence. Such term includes any
activity of the Central Intelligence Agency, the Defense
Intelligence Agency, the National Security Agency, the
Special Offices for Reconnaissance Activities, and their
successors, and any activity of any other entity of the
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Federal Government as is designated by the President to
be a national intelligence activity.
(5) The term "departmental intelligence" means infor-
mation or analysis which is used primarily by department
or agency heads and which has little or no significant
national policymaking purpose.
(6) The term "departmental intelligence activity" means
any intelligence activity the primary purpose of which is
to product departmental intelligence. Such term does not
include special activities, counterintelligence activities,
sensitive or exceptionally sensitive clandestine collection
projects.
(7) The term "tactical intelligence" means that infor-
mation or analysis required by the operating forces of the
military services to maintain their readiness for combat
operations and to support the planning and conduct of
operations under combat conditions.
(8) The term "tactical intelligence activity" means
any activity that is integral to the military force
structure, the primary purpose of which is to provide tactical
intelligence directly to the operational commander who requires
it. Such term does not include any program which is so
closely integrated with a weapon system that its primary
function is to provide targeting data for immediate use directly
to such weapon.
(9) The term "intelligence related activity" means any
activity which (A) is conducted in response to an operational
commander's requirements for time-sensitive information on
foreign entities, (B) has as its primary mission the support
of the operating forces of the United States, but which also
provides important national intelligence, (C) is conducted
for the purpose of training personnel for intelligence duties,
or (D) is devoted to research and development of intelligence
capabilities. Such term does not include any program which
is so closely integrated with a weapon system that its primary
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function is to provide targeting data for immediate use
directly to such weapon.
(10) The term "counterintelligence activity" means
any intelligence activity relating to terrorism or foreign
intelligence or security services, their officers or agents,
their clandestine intelligence activities including espionage,
their counterintelligence activities, and other forms of
hostile action which they may undertake against the United
States including sabotage and covert action; any measures
by the United States to counter such activities; and any
related support activity by the United States.
(11) The term "special activity" means any intelli-
gence activity other than a counterintelligence activity
and the collection, correlation, production, and dissemin-
ation of information or analysis and related support
activity which is (A) designed to further United States
programs and policies abroad, (B) planned and executed so
that the role of the United States Government is not apparent
or publicly acknowledged, and (C) authorized by the President
and implemented by an entity of the Intelligence Community
of the United States pursuant to the provisions of this
title.
(12) The term "sensitive clandestine collection project"
means any secret intelligence collection activity which if
discovered or revealed would be likely to cause serious
damage to the United States.
(13) The term "exceptionally sensitive clandestine
collection project" means any secret intelligence collection
activity which if discovered or revealed would be likely to
cause exceptionally grave damage to the United States.
(14) The term "national of the United States" means
(A) a citizen of the United States, or (B) a person, though
not a citizen of the United States, who owes permanent
allegiance to the United States.
(15) The term "Attorney General" means the Attorney
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General of the United States.
(16) The term "continuing resolution" means a joint
resolution of the Congress appropriating funds for one or
more departments or agencies of the government for a
temporary period of time pending the enactment of the regular
appropriation Act or Acts for such departments or agencies.
(17) The term "committees of the Congress" means any
committee of the Senate or the House of Representatives or
any joint committee of the Congress.
(18) The terms "departments ad agencies" and"department
or agency" mean any department, agency, bureau, independent
establishment, wholly owned corporation, or other entity of
the Government of the United States.
(19) The term "terrorist activity" means any activity
which--
(A) is violent or dangerous to human life;
(B) violates a Federal or State criminal statute,
or if such activity has been or will be conducted
outside the United States, would be criminal under the
laws of the United States or any state if committed
within its jurisdiction; and
(C) appears intended--
M to intimidate or coerce the civilian
population, or
(ii) to influence the policy of a government
by intimidation or coercion.
(20) The term "sabotage" means activities prohibited
by Title 18, United States Code, Chapter 105.
NATIONAL INTELLIGENCE ACTIVITIES; AUTHORIZATION
Sec. 104. (a) The entities of the Intelligence Community
are authorized to engage in national intelligence activities
subject to the direction and control of the National Security
Council.
(b) It shall be the function of the entities of the Intelli-
gence Community, subject to the provisions of this Act, to collect,
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process, analyze, and disseminate, to the executive and legis-
lative branches of the government, accurate, relevant, and timely
information, analysis and estimates. It shall also be the
function of the entities of the Intelligence Community to engage
in special activities, subject to the provisions of section 112
of this title and in counterintelligence activities, subject to
the provisions of this Act. No national intelligence activity
directed against nationals of the United States may be undertaken
by any entity of the Intelligence Community except pursuant to
the provisions of Title II of this Act.
DIRECTOR AND DEPUTY DIRECTOR
Sec. 105. (a) There shall be a Director of National Intelli-
gence (hereinafter in this title referred to as the "Director").
There shall also be a Deputy Director of National Intelligence
to assist the Director in carrying out his functions under this
Act and to act in the place of the Director during the absence or
disability of the Director.
(b) The Director and the Deputy Director shall be appointed
by the President, by and with the advice and consent of the
Senate, and each shall serve at the pleasure of the President. No
person may serve as Director or Deputy Director for a period of
more than six years unless such person is reappointed by the
President, by and with the advice and consent of the Senate. No
person who has served as Director or Deputy Director for a period
of less than six years and is subsequently appointed or reappointed
to that same office may serve in that office under such appointment
or reappointment for a term of more than six years. In no event
may any person serve in the two positions for more than a total
of twelve years. At no time shall the two positions of Director
and Deputy Director be occupied simultaneously by commissioned
officers of the armed forces whether in an active or retired status.
(c)(l) If a commissioned officer of the armed forces is
appointed as Director or Deputy Director, then--
(A) in the performance of his duties as Director or
Deputy Director, he shall be subject to no supervision,
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control, restriction, or prohibition (military or other-
wise) other than would be applicable if he were a civilian
in no way connected with the Department of Defense, the
military departments, or the armed forces of the United
States or any component thereof; and
(B) such officer shall not possess or exercise any
supervision, control, powers, or functions (other than such
as he possesses, or is authorized-or directed to exercise,
as Director, or Deputy Director) with respect to the Depart-
ment of Defense, the military departments, or the armed
forces of the United States or any component thereof, or with
respect to any of the personnel (military or civilian) of
any of the foregoing.
(2) Except as provided in paragraph (1) of this section the
appointment to the office of Director or Deputy Director of a
commissioned officer of the armed forces, and his acceptance of
service in such an office, shall in no way affect any status,
office, rank, or grade he may occupy or hold in the armed forces,
or any emolument, perquisite, right, privilege, or benefit
incident to or arising out of any such status, office, rank, or
grade. Any such commissioned officer shall, while serving in the
office of Director or Deputy Director, continue to hold rank and
grade not lower than that in which serving at the time of his
appointment and shall be compensated, from funds appropriated to
the Director, at the rate established for such position.
(3) The grade of any such commissioned officer shall, during
any period such officer occupies the office of Director or Deputy
Director, be in addition to the numbers authorized by law for
such grade for the military department of which such officer is
a member.
(4) The Director shall be entitled to the same compensation
prescribed by section 5312 of title 5, United States Code, for
positions at level I of the Executive Schedule. If a commissioned
officer of the armed forces is serving as the Director, he shall
be entitled to the difference, if any, between his regular
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military compensation (as defined in section 101(25) of title 37,
United States Code) and the compensation prescribed by section
5312 of title 5, United States Code, for positions at level I
of the Executive Schedule.
(5) The Deputy Director shall be entitled to the same
compensation prescribed by section 5313 of title 5, United States
Code, for positions at level II of the Executive Schedule. If a
commissioned officer of the armed forces is serving as the
Deputy Director, he shall be entitled to the difference, if any,
between his regular military compensation (as defined in section
101 (25) of title 37, United States Code) and the compensation
prescribed by section 5313 of title 5, United States Code, for
positions at level II of the Executive Schedule.
AUTHORITY AND DUTIES OF THE DIRECTOR
Sec. 106. (a) The Director, under the direction and control
of the National Security Council, shall be responsible for the
national intelligence activities of the United States. The Presi-
dent shall determine annually, with the guidance and assistance
of the National Security Council and the Director, which intelli-
gence activities, if any, in addition to those specifically
defined as national intelligence activities under this Act, shall
constitute national intelligence activities for which the Director
shall be responsible. The President shall report annually to the
appropriate committees of the Congress on this determination.
(b) The Director shall, on an annual basis, review all
national intelligence activities, all departmental or tactical
intelligence activities and all intelligence-related activities of
the United States in order to make recommendations to the President,
the National Security Council, and the appropriate committees of
Congress regarding the most effective relationships among the
intelligence activities and the intelligence-related activities
of the United States and whether any departmental or tactical
intelligence activity or any intelligence-related activity should
be determined by the President, pursuant to subsection (a) of this
section, to be a national intelligence activity.
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(c) The Director shall, on a continuing basis, review all
ongoing and proposed intelligence activities of the United States
including all national intelligence activities, all tactical
or departmental intelligence activities, and all intelligence-
related activities in order to assure that the intelligence
activities of the United States are properly and effectively
directed, regulated, coordinated and administered; that such
activities provide the executive and legislative branches of the
government with the information and analysis that such branches
need to fulfill their responsibilities under the Constitution
and laws of the United States; that such activities safeguard,
and do not abridge, any right guaranteed or protected by the
Constitution or laws of the United States; that such activities do
not adversely affect the national security, national defense or
foreign relations of the United States; and that such activities
are conducted in conformance with the provisions of this Act and the
Constitution and laws of the United States. To achieve these ends
the Director shall direct such changes in national intelligence
activities as he deems appropriate and shall make such recommen-
dations to the President, the National Security Council, the
heads of departments or agencies, and the appropriate committees
of the Congress as he deems appropriate.
(d) The Director shall also--
(1) serve as the President's primary advisor on
matters relating to national intelligence and provide the
President, other officials of the executive branch of the
government, and the Congress, with accurate, relevant, and
timely information and analysis;
(2) keep the President and the committees of the Congress
having jurisdiction over matters relating to national intel-
ligence activities fully and currently informed of all
national intelligence activities of the United States which
are the responsibility of or are engaged in by any entity
of the Intelligence Community or any agent of any such entity,
including any significant anticipated national intelligence
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activity, and any intelligence activity carried out for or
on behalf of the United States by or through any foreign
government or by any agent of any foreign government; but
the foregoing shall not be construed as requiring the
approval of any committee of the Congress prior to the
implementation of any such anticipated national intelligence
activity;
(3) coordinate the national intelligence activities of
the United States and provide such guidance and direction
to the head of each entity of the Intelligence Community
as may be necessary to insure that the intelligence activi-
ties of such entity are (A) effectively and efficiently
managed, and (B) conducted in conformity with the Constitution
and laws of the United States;
(4) control the budget activities of all entities of
the Intelligence Community, including but not limited to--
(A) the preparation of an annual budget for all
national intelligence activities of the United States
for presentation to the President; and
(B) the review and approval or disapproval of any
proposed reprogramming by, or any transfer of funds to
or from, any entity of the Intelligence Community.
(5) establish requirements, develop plans, and assign
priorities for all national intelligence activities of the
United States, taking into account the need for the intelli-
gence components of departments and agencies of the Government
which engage in national intelligence activities to also
perform departmental and tactical intelligence activities
assigned by the heads of such departments and agencies;
(6) evaluate ongoing and proposed intelligence activities
to insure the efficient use of intelligence resources and
the fulfillment of national intelligence requirements established
pursuant to clause (5);
(7) establish procedures, in coordination with the heads
of departments and agencies not within the Intelligence
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Community, to increase insofar as is possible the national
intelligence contribution made by such entities without
contravening their assigned missions and authorities;
(8) establish procedures to increase, insofar as is
possible consistent with national intelligence requirements
established under clause (5) of this subsection, the
collection, processing, analysis and dissemination to depart-
ments and agencies of tactical and departmental intelli-
gence by the entities of the Intelligence Community;
(9) receive, correlate, analyze, and evaluate all
national intelligence and be responsible for the production
of all national intelligence, taking into account the need
to insure that diverse points of view and disagreements are
considered and identified;
(10) produce estimates for the President and the
Congress;
(11) supervise the dissemination of national intelligence
to the executive and legislative branches of the government
and furnish to the departments and agencies and to appro-
priate operational commanders of the armed forces of the
United States the national, tactical, and departmental
intelligence relevant totheirmissions and authorities which
is produced by the entities of the Intelligence Community;
(12) evaluate on a continuing basis the needs of the
various components of the executive and legislative branches
of the government for national intelligence and evaluate the
quality, accuracy, timeliness, and relevance of the national
intelligence that is disseminated to such components;
(13) establish and implement, consistent with the
provisions of this title, procedures for the continuing review
of ongoing and proposed national intelligence activities of the
United States based on the risk and likely impact of the
disclosure of the activities on the national security, national
defense, or foreign relations of the United. States or on the
rights guaranteed or protected by the Constitution and laws of
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the United States; provide for the effective monitoring and
evaluation of the execution of such procedures; and provide
copies of such procedures to the appropriate committees of
the Congress;
(14) coordinate all clandestine collection of intelli-
gence including human sources;
(15) under the guidance of the Counterintelligence
Committee (established pursuant tq Section 113 of this title)
coordinate the counterintelligence activities of the United
States.
(16) provide guidance to the entities of the Intelli-
gence Community which collect, process, analyze and dissemin-
ate information on international narcotics traffic;
(17) be responsible for all relationships between
the various entities of the Intelligence Community and the
foreign intelligence or internal security services of
foreign governments, including all agreements, arrangements,
and understandings governing such relationships; but no
entity of the Intelligence Community shall knowingly pay,
cause, or encourage any foreign government or any agent of
any foreign government to engage in any activity which such
entity of the Intelligence Community of the United States is
prohibited from engaging in;
(18) submit all agreements, arrangements, and under-
standings described in clause (17) to the appropriate
committees of Congress for review as required by law;
(19) assign to a single entity of the Intelligence
Community responsibility for any service which is of common
concern to more than one such entity and which can be more
effectively performed by one such entity;
(20) develop security standards for the management and
handling of information and material relating to intelli-
gence activities, for the granting of access to such infor-
mation and material, and for entering into such security
agreements as are necessary for the protection of such
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information and material; but the head of each entity of
the Intelligence Community shall be responsible for the
implementation of such standards and for the protection from
unauthorized disclosure of properly classified information
and material in the custody of such entity;
(21) be responsible for (A) the establishment of security
standards, priorities, and practices for the protection of
United States communications, (B)-monitoring the implemen-
tation of such standards, priorities, and practices by the
departments and agencies of the Government and contractor
facilities concerned, and (C) taking all reasonable steps
recommended by the Attorney General to protect the privacy
of such communications;
(22) establish, in consultation with the Attorney General,
procedures for the retention, disclosure, and dissemination
of information acquired by the various entities of the
Intelligence Community; but no such information may be
retained, disclosed, or disseminated if it violates any right
guaranteed or protected by the Constitution or laws of the
United States;
(23) formulate, in consultation with the Secretary of
Defense, plans providing for use by the Secretary of Defense
of such elements of the Intelligence Community of the United
States as may be required in time of war, such plans to
include provision for such support, in time of war, from the
Secretary of Defense as may be required to assure the
continuity of essential national intelligence activities;
(24) terminate the employment of any officer or
employee of the Central Intelligence Agency, the National
Security Agency, or the Special Offices for Reconnaissance,
upon the recommendation of the head of the appropriate entity,
whenever the Director considers such termination necessary or
advisable in the interests of the United States, notwithstanding
any other provision of law, but such termination shall not
affect the right of such officer or employee to seek or accept
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employment in any other department or agency of the Govern-
ment if declared eligible for such employment by the United
States Civil Service Commission;
(25) review the reports of the Inspectors General
of the various entities of the Intelligence Community;
(26) provide the committees of the Congress having
jurisdiction over matters relating to national intelligence
activities with such information relating to the entities of
the Intelligence Community and the Office of the Director as
such committees may request; and
(27) provide such administrative, technical, and
support activities in the United States and abroad as may be
necessary to carry out effectively and efficiently the
duties of the Director and the various entities of the Intel-
ligence Community.
(e) In order to carry out his duties under this section, the
Director is authorized to obtain from the various entities of the
Intelligence Community such information as he deems necessary to
perform such duties.
(f) Nothing in this section shall be construed to prohibit
any entity of the Intelligence Community from producing and
disseminating its own analyses of national intelligence, but any
such analyses shall be promptly provided to the Director.
DEPARTMENTAL RESPONSIBILITY FOR
REPORTING NATIONAL INTELLIGENCE
Sec. 107. It shall be the responsibility of the heads of
departments and agencies of the government and all operational
commanders of the armed forces of the United States to insure that
all national intelligence obtained by such departments and agencies
and operational commands of the armed forces of the United States
is promptly furnished to the Director or to the entity of the
Intelligence Community designated by the Director to receive such
intelligence. Nothing in this title shall be construed to pro-
hibit any department or agency of the Government from collecting,
processing, evaluating, and disseminating departmental or tactical
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intelligence if such department or agency is otherwise authorized
to do so.
ASSISTANT DIRECTORS; STAFF; COMMITTEES AND BOARDS
Sec. 108. (a) The President is authorized to appoint, by
and with the advice and consent of the Senate, not more than
four Assistant Directors of National Intelligence.
(b) The Director is authorized'to employ such personnel as
may be necessary to assist in carrying out his responsibilities
as Director. Such staff may include, but shall not be limited
to, persons employed by any entity of the Intelligence Community.
(c) The Director is also authorized to establish such
committees or boards, composed of officers and employees of the
United States, as may be necessary to carry out effectively the
provisions of this title, including, but not limited to, committees
or boards of intelligence collectors, producers, and consumers.
(d) The Director is also authorized to establish such
advisory committees as may be necessary to provide expert advice
regarding the administration of this title. The provisions of the
Federal Advisory Committee Act (86 Stat. 770) shall apply with
respect to any advisory committee established by the Director under
authority of this section except that the Director may, with the
approval of the President, waive the application of any or all of
the provisions of such Act when the Director deems such action
necessary to the successful performance of the duties of any entity
of the Intelligence Community or to protect the security of the
activities of any such entity. Any waiver exercised by the Director -
under this section shall be reported to the committees of the
Congress having jurisdiction over matters relating to national
intelligence activities and the names of all persons appointed to
serve on such advisory committee shall be reported to such
committees of the Congress.
REPORT OF VIOLATIONS
Sec. 109. (a) The Director shall report to the Attorney
General and the Intelligence Oversight Board (established pursuant
to Section 118 of this title) immediately upon the discovery
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of any intelligence activity which may constitute a violation
of any right guaranteed or protected by the Constitution or laws
of the United States, or which may constitute a violation of any
law, executive order or presidential directive and shall immediately
notify the committees of Congress having jurisdiction over matters
relating to national intelligence activities of the fact that the
Attorney General and the Intelligence Oversight Board have been
notified pursuant to this section.
(b) The Attorney General shall report, in a timely manner,
to the President, the appropriate committees of the Congress, the
Intelligence Oversight Board, and the Director any violation
described in subsection (a).
(c) The Director shall regularly, but not less often than
once each year, notify employees of the entities of the Intelli-
gence Community of their duty to report to him or the Inspector
General, the General Counsel or the head of the entity in which
they are employed, an; information on any past, present, or
proposed activity of the entity which such employee believes to
be a violation of the Constitution or laws of the United States,
or of any executive order, or presidential directive, or rule or
regulation of the entity.
(d) Nothing in this section shall prohibit any employee of
any entity of the Intelligence Community from reporting any
information described in subsection (a) directly to the Attorney
General, the Intelligence Oversight Board, or to any committee of
Congress having jurisdiction over matters relating to national
intelligence activities.
RECORDS
Sec. 110. (a) The Director shall maintain a complete record
of all legal authorities and published regulations and instructions
affecting the national intelligence activities of the United States.
A complete copy of such record shall be maintained in the Office
of the Federal Register, National Archives and Records Service,
General Services Administration, under conditions sufficient to
protect the national security of the United States. The Director
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shall make copies of such record available, upon request, to any
committee of the Congress having jurisdiction over matters rela-
ting to national intelligence activities.
(b) The Director shall maintain a full and complete record
regarding the national intelligence activities of the United
States; and the head of each entity of the Intelligence Community
shall maintain a full and complete record regarding the national
intelligence activities of such entity. The Director shall make
materials from such records available, upon request, to any
committee of the Congress having jurisdiction over matters relating
to national intelligence activities.
REQUIREMENTS RELATING TO APPROPRIATIONS FOR
NATIONAL INTELLIGENCE ACTIVITIES
Sec. 111. (a) No funds may be appropriated for any fiscal
year beginning after September 30, 1977, for the purpose of
carrying out any national intelligence activity unless such funds
have been previously aaa.thorized for such activity by legislation
enacted during the same fiscal year or the fiscal year immediately
preceding the fiscal year for which they are appropriated, except
that the foregoing limitation shall not apply to funds appropri-
ated by any continuing resolution. The Congress and the President
shall make available to the public information regarding funds
appropriated and expended for intelligence activities of the
United States to the extent required by Article I, section 9,
clause 7, of the Constitution of the United States.
(b) Following the appropriation of funds for the national
intelligence activities of the United States the heads of each
entity of the Intelligence Community shall advise the Director of
any proposed reprogramming of funds by or transfer of funds to,
or from, such entity. The Director shall review each proposal and
his approval shall be required for any such reprogramming or
transfer.
(c) (1) The Director is authorized to establish a fund to
be known as the Contingency Reserve Fund and to credit to such
fund only monies specifically appropriated to the Director for
such fund. The Director is authorized to expend funds from the
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Contingency Reserve Fund in any fiscal year for the payment of
emergency and extraordinary expenses incurred in connection with
any national intelligence activity if--
(A) the expenditure has been previously approved
by the Office of Management and Budget;
(B) the appropriate committees of Congress have been
notified at least 72 hours in advance of the initiation of
any such expenditure; except that-the President may authorize
the expenditure of money from such fund without prior
congressional notification if he notifies the appropriate
committees of the Congress within 48 hours of the facts and
circumstances of the activities for which funds have been
or are to be expended, certifies to such committees that
the delay involved in prior notification would have been
harmful to the United States, and discloses to such committees
the reasons why prior notification would have been harmful.
The foregoing shall not be construed as requiring the
approval of any committee of the Congress prior to the imple-
mentation of any such activity.
(C) the money from such fund is used solely for the
purpose of meeting emergency or extraordinary requirements
that were not anticipated at the time the President's budget
was submitted to the Congress for such fiscal year and
require protection from unauthorized disclosure;
(2) The Contingency Reserve Fund may not be used for the
initiation or major expansion of any activity until the required
approvals and notifications have been complied with; and no
financial obligation shall be incurred under authority of this
subsection unless (A) such obligation has been approved by the
Director and the Director of the Office of Management and Budget,
and (B) sufficient money therefor is available in the Contingency
Reserve Fund.
(3) Money of the Contingency Reserve Fund may be expended
only for the specific purpose for which expenditure was approved
under this subsection and any amount approved for expenditure but
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not actually expended for the specific purpose for which approved
shall remain in such fund.
(4) Any activity funded from the Contingency Reserve
Fund which continues after the end of the fiscal year in which
such activity was initiated shall be funded thereafter through
the regular budgetary process at the earliest practicable time.
(d) The Director may approve the expenditure of funds to
cover matters relating to national intelligence activities of an
extraordinary or emergency nature within amounts which have been
appropriated to the Director specifically for such purpose. The
expenditure of funds appropriated for such purpose shall be
accounted for solely on the certificate of the Director and
every such certificate shall be deemed a sufficient voucher for
the amount certified therein, but funds appropriated for such
purpose may be expended only for activities authorized by law.
The Director shall report quarterly to the committees of the
Congress having jurisdiction over the national intelligence
activities of the United States on expenditures made under the
authority of this paragraph.
(e) All funds appropriated to the Director, other than those
described in subsection (d), and all national intelligence acti-
vities, and information relating thereto, shall be subject to
financial or management audit and review, subject to appropriate
security standards, by the Comptroller General of the United
States upon the request of any committee of the Congress having
jurisdiction over matters relating to national intelligence
activities, and information resulting from any such financial
or management audit and review shall be available in the legis-
lative branch only to such committees of the Congress except
as provided under Sec. 119 of this title.
OPERATIONS COORDINATING COMMITTEE; RESTRICTIONS
AND REQUIREMENTS REGARDING CERTAIN ACTIVI-
TIES, PROJECTS, AND CHANGES
Sec. 112. (a) The President shall establish within the
National Security Council a committee to be known as the Operations
Coordinating Committee (hereinafter in this section referred to
as the "Committee").
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(b) One member shall be appointed by the President, by
and with the advice and consent of the Senate, to serve as
chairman of the Committee. Such confirmation by the Senate shall
not be required if the individual nominated by the President
is serving in a post for which he has already received Senate
confirmation.
(c)(1) It shall be the function of the Committee to consider
any proposed special activity and any proposed exceptionally
sensitive or sensitive clandestine collection project to be
carried out by any entity of the Intelligence Community or by any
foreign government or any agent of any foreign government for or
on behalf of the United States, to consider any proposed signi-
ficant change in any ongoing special activity or exceptionally
sensitive or sensitive clandestine collection project, and to
advise the President with respect to such proposed activity,
project, or change, as the case may be. No proposed special
activity, proposed exceptionally sensitive clandestine collection
project, or significant change in any ongoing special activity
or exceptionally sensitive clandestine collection project may be
carried out unless the Committee has considered such activity,
project, or change, advised the President thereon, and the
President has approved such proposed activity, project, or change.
(2) It shall also be the function of the Committee to
conduct a review at least annually of all ongoing special activities
and exceptionally sensitive or sensitive clandestine collection
projects being carried out by entities of the Intelligence Community
or by any foreign government or any agent of any foreign govern-
ment for or on behalf of the United States for the purpose of
determining the necessity for continuing such activities and
projects and making recommendations to the President regarding
such activities and projects.
(d) No proposed special activity may be approved by the
President unless he finds that--
(1) such proposed activity is essential to the national
security of the United States;
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(2) such proposed activity is consistent with publicly
enunciated foreign policy goals of the United States; and
(3) overt activity would be unlikely to accomplish
the intended objective.
(e) No proposed exceptionally sensitive clandestine. collection
project may be approved by the President unless he finds that--
(1) the information to be obtained by the project is
vital to the national security of-the United States and the
importance of the information outweighs the likely conse-
quences of disclosure of the activity; and
(2) overt activity or sensitive clandestine collection
activity would be unlikely to accomplish the objective.
(f) Whenever the Committee considers any proposal to engage
in a new special activity or exceptionally sensitive or sensitive
clandestine collection project or any proposal to make any signi-
ficant change in an ongoing special activity or exceptionally
sensitive or sensitive clandestine collection project, the Committee
shall have available for review a careful and systematic analysis,
including, but not limited to the following:
(1) the justification for such proposed activity,
project, or change;
(2) the nature, scope, probable duration, purpose,
anticipated risks, consequences of disclosure, probability
of success, and estimated costs of such activity, project,
or change;
(3) the relationship between the proposed activity,
project, or change and any previously approved related
activity or project;
(4) evidence that the objectives of such activity,
project, or change would be unlikely to be achieved by overt
or less sensitive means; and
(5) the legality of the proposed activity, project, or
change under international law, the treaties, Constitution
and laws of the United States, and the laws of the country
in which such activity or project is to be carried out.
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(g) Any recommendation made by the Committee to the President
must have been agreed to by the Committee members present in
a formal meeting of the Committee. No meeting of the Committee
may be held unless a majority of the members is present. Any
recommendation made by the Committee to the President shall also
be accompanied by an opinion of the Attorney General on the legal
implications of the proposed activity, project, or change, as the
case may be.
(h) No component of the Federal Government except an entity
of the Intelligence Community may conduct any special activity; and
no entity of the Intelligence Community except the Central Intel-
ligence Agency may conduct any special activity unless (1) the
Director determines that the objective of such special activity
would be less likely to be achieved by the Central Intelligence
Agency than by another designated entity of the Intelligence
Community, and (2) the President approves the decision of the
Director.
(i) The Director shall, prior to the implementation of any
special activity or exceptionally sensitive or sensitive clandes-
tine collection project or of any significant change in any ongoing
special activity or exceptionally sensitive or sensitive clandestine
collection project, notify the appropriate committees of the
Congress of the facts and circumstances of the activity, project,
or change, except that such activity, project, or change may be
implemented without such prior notification if the President
notifies the appropriate committees of the Congress within 48
hours after the initiation of such activity, project, or change,
certifies to such committees that the delay involved in prior
notification would have been harmful to the United States and
discloses to such committees the reasons why prior notification
would have been harmful. The foregoing shall not be construed
as requiring the approval of any committee of the Congress prior
to the implementation of any such activity, project, or change.
The Director shall specifically note for the appropriate committees
of the Congress any case in which any special activity or any
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exceptionally sensitive or sensitive clandestine collection project
involving the collection of intelligence by human sources is
being conducted by an entity of the Intelligence Community other
than the Central Intelligence Agency. The Director shall keep
a written record of the time, manner, and content of any such
notice and any official reaction or response of such committees
to such notice.
(j) The Director shall submit a wrritten report semiannually
to the appropriate committees of the Congress on all special
activities and exceptionally sensitive or sensitive clandestine
collection projects being carried out by the various entities
of the Intelligence Community of the United States or by any
foreign government or agent of any foreign government for or
on behalf of the United States.
(k) Nothing in this title shall be construed as amending,
superseding, or otherwise modifying in any respect the provisions
of section 16 of the Act entitled "An Act to provide certain basic
authority for the Department of State", approved August 1, 1956
(22 U.S.C. 2680a), relating to the authority and responsibility
of United States Ambassadors to foreign countries, including, but
not limited to, the provisions of such section which require any
department or agency having officers or employees in a foreign
country to keep the United States Ambassador to that country fully
and currently informed with respect to all activities and
operations of its officers and employees in that country and
which require any such department or agency to insure that all of
its officers and employees, except for personnel under the command
of a United States area military commander, comply fully with all
applicable directives of the United States Ambassador to such
country. The head of each entity of the Intelligence Community
shall also keep the United States Ambassador to any foreign country
fully and currently informed with respect to any activity or
operation of the officers and employees of such entity which will
directly affect such foreign country.
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PROHIBITION AGAINST THE USE OF INDIVIDUALS WHO
FOLLOW RELIGIOUS VOCATIONS, GOVERNMENT GRANTEES,
AND JOURNALISTS FOR CERTAIN INTELLIGENCE ACTIVITIES
Sec. 113. (a) No entity of the Intelligence Community may--
(1) pay or provide other valuable consideration to
any individual following a full-time religious vocation
to--
(A) engage in any intelligence activity
for or on behalf of the United States, or
(B) provide any intelligence information
to any such entity;
(2) pay or provide other valuable consideration to
any individual who is sponsored and supported by the United
States as part of a foreign exchange program designed to
promote education or the arts, humanities, or cultural
affairs to--
(A) engage in any intelligence activity for
or on behalf of the United States while such
individual is:
(i) participating in any such program,
(ii) traveling or temporarily residing
in any foreign country;
(B) provide any intelligence information to
any such entity if such information was acquired
while such individual was:
(i) participating in any such program,
(ii) traveling or temporarily residing
in any foreign country;
(3) pay or provide other valuable consideration to
any individual who--
(A) is a journalist accredited to any United
States media organization,
(B) regularly contributes material to any
United States media organization,
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(C) is regularly involved, directly or
indirectly, in the editing of material for any
United States media organization, or
(D) acts to set policy for, or provide
direction to, any United States media organi-
zation; or
(4) pay for or otherwise knowingly support in any
manner the distribution within th& United States of any
book, magazine, article, publication, film, or video or
audio tape, unless such support is publicly announced.
(b) As used in this section, the term "United States
media organization" means any organization publishing on a regular
basis for public dissemination any newspaper, magazine, journal,
or other periodical publication, any broadcast organization, or
any organization producing films or video or audio tapes, if
any part of such organization is owned by one or more nationals
of the United States, the principal place of business of such
organization is in the United States, and the principal distri-
bution of such organization is in the United States.
PROHIBITION AGAINST THE USE OF NATIONALS OF THE
UNITED STATES AS COMBATANTS IN FOREIGN
COUNTRIES
Sec. 114. (a) No national of the United States who is not
a member of the armed forces of the United States serving on
active duty may be assigned by any entity of the Intelligence
Community as a combatant in any foreign country unless the
Operations Coordinating Committee has been notified of the proposed
use, such Committee has reported to the President thereon, the
President has approved such assignment, and the Director has
notified the appropriate committees of the Congress of such proposed
assignment.
(b) The President shall discontinue any such assignment in
the case of any such national of the United States not later than
90 days after notice to such committees unless the continued
assignment of such national as a combatant has been specifically
authorized by law. The President shall promptly discontinue the
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assignment of any such national as a combatant in any foreign
country if the Congress so directs by concurrent resolution.
(c) As used in this section, the term "combatant" means
an individual who engages in armed conflict with a hostile force.
PROHIBITIONS ON PARTICULAR FORMS OF SPECIAL ACTIVITIES
Sec. 115. (a) No entity of the Intelligence Community
may engage in or support any special activity which has as its
objective-
(1) terrorism;
(2) the mass destruction of property;
(3) creating food or water shortages or epidemics
of diseases;
(4) to attempt to overthrow the democratic government
of any country;
(5) the support of the police, foreign intelligence,
or internal security forces of any country which systematically
violate the human rights of the citizens of such country or
of any other country.
(b) The Director shall formulate regulations necessary to
effectuate the provisions of this section and submit such proposed
regulations to the appropriate committees of the Congress. Such
regulations, and any subsequent amendment thereto, shall become
effective 60 days after the date on which such regulations or
amendment, as the case may be, is submitted to such committees.
PROHIBITION ON ASSASSINATION
Sec. 116. (a) Whoever, while within the United States or
the special maritime and territorial jurisdiction of the United
States, conspires with any other person to kill any foreign official
because of such official's political views, actions, or statements
while such official is outside the United States and such juris-
diction, and one or more such persons do any overt act within the
United States or such jurisdiction to effect the object of the
conspiracy, each shall be punished by imprisonment for any term
of years or for life.
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(b) Whoever being an officer or employee of the United
States, or a citizen of the United States, while outside the United
States and the special maritime and territorial jurisdiction of
the United States, conspires with any other such officer or employee
or with any other person or persons to kill any foreign official,
because of such official's political views, actions, or statements,
while such official is outside the United States and such juris-
diction, and one or more such officers,.employees, citizens or
other persons do any overt act to effect the object of the con-
spiracy, each shall be punished by imprisonment for any term of
years or life.
(c) Whoever being an officer or employee of the United
States, or a citizen of the United States, while outside the
United States and the special maritime and territorial jurisdiction
of the United States, attempts to kill any foreign official,
because of such official's political views, actions, or statements,
while such official is outside the United States and such juris-
diction, shall be punished by imprisonment for any term of years
or life.
(d) Whoever being an officer or employee of the United States,
or a citizen of the United States, while outside the United States
and the special maritime and territorial jurisdiction of the United
States, kills any foreign official, because of such official's
political views, actions, or statements, while such official is
outside the United States and such jurisdiction, shall be punished
as provided under sections and of this title, except
that any such officer or employee or citizen who is found guilty
of murder in the first degree shall be sentenced to imprisonment
for life.
(e) As used in this section, the term--
(1)"officer or employee of the United States"means any
officer or employee, whether elected or appointed, in the
executive, legislative, or judicial branch of the Government
of the United States (including the District of Columbia)
and its territories and possessions, and includes any
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officer or member of the armed forces;
(2) "foreign official"means a Chief of State or the
political equivalent, President, Vice President, Prime
Minister, Premier, Foreign Minister, Ambassador, or other
officer, employee, or agent of (A) a foreign government with
which the United States is not at war pursuant to a
declaration of war by the Congress or against which United
States Armed Forces have not been-introduced into hostilities
or situations pursuant to the provisions of the War Powers
Resolution; or (B) a foreign political group, party,
military force, movement or other association with which the
United States is not at war pursuant to a declaration of
war by the Congress or against which United States Armed
Forces have not been introduced into hostilities or situations
pursuant to the provisions of the War Powers Resolution; or
(C) an international organization;
(3) "foreign government"means the
government of a
foreign country, irrespective of official diplomatic
recognition by the United States;
(4) "international organization'means a public inter-
national organization designated as such pursuant to section
1 of the International Organizations Immunity Act (22 USC 288);
(5) "citizen of the United States"means, in addition
to a United States citizen, any national of the United States,
and any person who has been and is classified 'as an alien
admitted to the United States as a permanent resident under
the laws of the United States.
COUNTERINTELLIGENCE COMMITTEE; RESTRICTIONS
AND REQUIREMENTS REGARDING COUNTER-
INTELLIGENCE ACTIVITIES
Sec. 117. (a) The President shall establish in the National
Security Council a committee to be known as the Counterintelligence
Committee (hereinafter in this section referred to as the "Committee")
The Attorney General shall serve as Chairman of the Committee.
(b) It shall be the function of the Committee to advise and
assist the President in the formulation of policy and objectives for
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the counterintelligence activities of the United States, to assure
unified direction of such activities, and to assure that the coun-
terintelligence activities of the United States are conducted in a
manner that does not violate any right guaranteed or protected
by the Constitution or laws of the United States.
(c) It shall also be the function of the Committee to--
(1) establish policy guidelines for the counter-
intelligence activities of the United States;
(2) establish uniform standards and doctrines for
the counterintelligence activities of the United States;
(3) direct the coordination of the counterintelligence
activities of the United States and to adjudicate dis-
agreements among the entities of the Intelligence Community
on matters relating to the counterintelligence activities
of the United States; and
(4) assess the threats posed to the United States and
its interests by foreign intelligence and security services
and the effectiveness of the United States' response to
such threats.
The Director shall submit a written report annually to the appro-
priate committees of the Congress on the matters contained in
clauses (1) through (4) of this subsection.
(d) It shall also be the function of the Committee to (1)
review proposals for initiation, significant change, or termination
of any counterintelligence activity of the United States which
would be likely to cause serious damage to the United States, and
(2) make recommendations to the President with respect to any such
activity which would be likely to cause exceptionally grave
damage to the~Unite d States. Any such recommendations to the
President shall be accompanied by an opinion of the Attorney
General on the legal implications of such activities. No proposal
for the initiation, significant change, or termination of any
counterintelligence activity which would be likely to cause
exceptionally grave damage to the United States may be implemented
without the approval of the President.
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(e) The Director shall notify the appropriate committees
of the Congress prior to the implementation of any counter-
intelligence activity described in subsection (d) of the facts
and circumstances of the activity, but any such activity may
be implemented without prior notification to the appropriate
committees of the Congress if the President notifies such
committees within 48 hours after the initiation of the activity
and certifies to such committees that the delay in prior
notification would have been harmful to the United States and
discloses to such committees the reasons why prior notification
would have been harmful. The foregoing shall not be construed
as requiring the approval of any committee of the Congress prior
to the implementation of any such activity.
(f) The Director shall submit a written report semiannually
to the appropriate committees of the Congress on those counter-
intelligence activities described in subsection (d) which have
been approved by the President during the previous six-month
period.'
(g) The Director shall also report annually to the
appropriate committees of the Congress certifying that the counter-
intelligence activities of the United States have been conducted
so as not to violate any right guaranteed or protected by the
Constitution or laws of the United States except for those
activities he has reason to believe were not so conducted and
identifies such activities for such committees.
INTELLIGENCE OVERSIGHT BOARD
Sec. 118. (a) The President shall establish in the
Executive Office of the President a board to be known as the Intel-
ligence Oversight Board (hereinafter in this section referred to
as the "Oversight Board").
(b) The Oversight Board shall have three members who shall be
appointed by the President by and with the advice and consent of
the Senate, be from outside the Government, and be qualified on
the basis of ability, knowledge, diversity of background and
experience. No member of the Oversight Board shall have any
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contractual relationship with any entity of the Intelligence
Community.
(c) One member of the Oversight Board shall be designated
by the President as its Chairman.
(d) It shall be the function of the Oversight Board to--
(1) receive and consider reports by inspectors
general, general counsels, and the heads of the entities
of the Intelligence Community concerning activities of
such entities that come to their attention that raise
questions of legality or propriety and their findings
concerning such activities;
(2) receive and consider notifications by inspectors
general and general counsels of the entities of the Intel-
ligence Community who shall report to the Oversight Board
on any occasion when they are directed by the heads of
their respective entities not to report any activity to
the Oversight Board pursuant to (1) above;
(3) inquire into any activity of any entity of the
Intelligence Community which the Oversight Board believes
raises questions of legality or propriety;
(4) review periodically the practices and procedures
of the inspectors general and general counsels of the
Intelligence Community designed to discover and report to
the Oversight Board activities that raise questions of
legality or propriety;
(5) review periodically with each entity of the Intel-
ligence Community the internal guidelines of such entity to
insure adequacy of such guidelines in discovering and
reporting activities that raise questions of legality or
propriety;
(6) report periodically, at least quarterly, to the
President, Attorney General, and the Director on its findings;
(7) report in a timely manner to the President, the
Attorney General and the Director any activity with respect
to which there is a serious question regarding its legality; and
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(8) report in a timely manner to the President and
to the Director any activity with respect to which there
is a serious question regarding the propriety of such
activity.
(e) The Oversight Board is authorized to employ such
personnel as may be necessary to assist in carrying out its
functions under this Act. No person who serves on the staff of
the Oversight Board shall have any contractual or employment
relationship with any entity of the Intelligence Community.
(f) The Oversight Board shall, upon request, be given
access to all relevant information and material in the possession,
custody and control of the entities of the Intelligence Community
in order to carry out its functions under this Act.
CONGRESSIONAL COMMITTEE REPORTS
Sec. 119. (a) The committees of the Senate and the House
of Representatives having jurisdiction over matters relating to
the national intelligence activities shall make regular periodic
reports to their respective Houses on the nature and extent of
the national intelligence activities of the United States. Such
committees shall promptly call to the attention of their
respective Houses, or to any other appropriate committee or
committees of their respective Houses, any matter relating to
intelligence activities which requires or should have the attention
of such House or other committee or committees. In making such
report, the committees of the Senate and the House of Represen-
tatives having jurisdiction over matters relating to national
intelligence activities shall do so in a manner consistent with
the protection of the national security interests of the United States.
(b) The provisions of subsection (a) are enacted by the
Congress--
(1) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively, and
as such they shall be considered as part of the rules of
each House, respectively, and shall supersede other rules
only to the extent that they are inconsistent therewith; and
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(2) with full recognition of the constitutional
right of either House to change such rules (as far as
relating to such House) at any time, in the same manner,
and to the same extent as in the case of any other rule
of such House.
ANNUAL REPORT OF THE DIRECTOR
Sec. 120. (a) The Director shall prepare and submit to the
committees of the Senate and the House of Representatives having
jurisdiction over matters relating to national intelligence
activities an annual report in which the activities of the various
entities of the Intelligence Community and the intelligence
activities of foreign countries directed at the United States or
its interests are reviewed and discussed by the Director.
(b) The Director shall make available to the public an
unclassified annual report on the activities of the entities of
the Intelligence Community and the intelligence activities of
foreign countries directed against the United States or its
interests. Nothing in this subsection shall be construed as
requiring the public disclosure, in any such report made available
to the public, of the names of individuals engaged in intelligence
activities for the United States or the divulging of intelligence
sources or methods employed.
Sec. 121. The analysis of chapter 51 of title 18, United
States Code, is amended by adding at the end thereof the following:
Conspiracy to assassinate a foreign official
outside United States; attempted assassination of a foreign
official outside United States; assassination of a foreign
official outside United States".
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Addendum to Journal - Office of Legislative Counsel
Thursday 16 June 1977
/Vt
15. (Unclassified - GLC) LIAISON Talked with Chairman Daniel
Inouye (D., Hawaii), Senate Select Committee on Intelligence, regarding
his talk with Agency personnel in the Auditorium tomorrow. I told the
Chairman that one of us would be picking him up at approximately 2:15 p.
16. (Internal Use Only - GLC) LIAISON Accompanied Dr. Robert
Bowie, D/DCI/NIO, to courtesy calls on Senators Robert Morgan (D., N. Car.),
Birch Bayh (D., Ind.) and Walter Huddleston (D., Ky.). Among other
things, Senator Morgan said he thought Dr. Bowie was on the right track
on his tentative thoughts about the NIO's and he also indicated that he
thought it would be some time before the Committee would be in a position
to take action on the subject of intelligence agency charters. Senator Morgan
also talked about his Subcommittee on Special Investigations, Senate Select
Committee 7rtc~l7~n~x~^p,~nd the appointment of Don Sanders, formerly
of the Department of Defense. I told Senator Morgan that I had known
Sanders for a number of years and while jokingly saying that he might
give us a bad time on occasion, I thought he was a good choice.to be
Staff Director of the Subcon-unittee. The Senator commented that he was
resisting some pressure to have a large staff. He said he wanted to keep
the staff small and to keep his inquiries limited to those matters which
indeed required a look-see and not to be conducting witch hunts.
Our meeting with Senator Bayh was quite short in view of a Senate
vote, but we talked briefly with the Senator and John Elliff, Senate Select
Committee staff, sat in on the session.
The meeting with Senator Huddleston was longer and more substance
was covered. As in the case of our meeting with Senator Morgan, Senator
Huddleston responded favorably to Dr. Bowie's statement of his tentative
thoughts about the NIO's and he also indicated that as Chairman of the
Subcommittee on Charters and Guidelines, Senate Select Committee on
Intelligence, as far as he was concerned, the subject was wide open to
possibilities and mixes of Executive order and statute although he made it
clear that the Committee is definitely moving in the direction of statutory
charters. He stressed, however, that nothing was set in concrete and he
was looking forward to meetings with the Executive Branch once the
PRM-11 exercise is completed.
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 %
$Q~QA4~i~-0
? ' 'AFTER MEETING WITH CONGRESSIONAL LEADERS
The American people have a right to know where the government stands
on critical. issues affecting the role of intelligence activities in our free society.
They should know that this Administration believes that properly controlled and
lawful intelligence is essential for the security of this country. They should also
know that the Administration has concluded that there is a strong need for legis-
lative authority including statutory charters to govern the operations of the
intelligence agencies.
The President met this morning with Senator Inouye and members
of the Senate Select Committee on Intelligence to discuss both the need for legis-
lation and the comprohensive review of intelligence activities now under way in
both the Senate and the Executive Branch. He has also discussed these matters
with Speaker Tip O'Neill and other members of the I-louse.
It is agreed that the old, vague, and overly broad notions of inherent
authority operating outside of or above the law have not been consistent with
our constitutional values or with the need for focused, controlled, effective,
and lawful intelligence. The Administration endorses the view that the time
has come to enact clear legislation, applicable to all of the intelligence agencies,
which states what they may do and what they may not do. At the same time,
it is agreed that while legislation must lay out the necessary standards and
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controls, it is important that it not be so detailed on organizational and
administrative matters as to hamper the flexibility and effectiveness of the
agencies in performing lawful and properly controlled assignments.
It was also agreed that both the Executive Branch and both Houses of the
Legislative Branch should devote careful attention to ensuring that they are
organized as effectively and responsibly as possible to carry out their
repsective responsibilities.
.The Select Committee and the Administration plan to complete their
respective studies of intelligence activities by the end of June. Once. these
studies are completed, we will begin a period of active and intense consultation
which we hope will lead, by the Fall, to both sound and effective legislation
from the Congress and Executive Branch decisions which will complement the
legislative mandate.
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PROS AND CONS OF NEW LEGISL
Executive Registry
i Z .. i
1. What are the problems that can be solved by new legislation?
A new charter could:
-- Strengthen the position of the DCI and improve management
of the Intelligence Community.
-- Impose further "accountability'' on intelligence agencies
by specifically authorizing and proscribing certain kinds
of activities and by setting forth procedures for conduct
of activities.
2. What are the merits of the existing statutory charter?
Existing law has two positive features;
-- Provides all necessary authorities to conduct the foreign
intelligence program.
-- It is exceedingly flexible and provides a broad. statutory
framework within which various structures and programs
can evolve.
-- Most of the restructuring that has been proposed could be
accomplished within the framework of the 1947 Act
--- DCI's position could be strengthened
---NSA and other elements of the Intelligence
Community could be brought under the
direct control of the DCI
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 %00 `vim
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---Fiscal mechanisms and controls of
CIA provide the "plumbing and heating"
necessary
---Present internal CIA Directorates could
be abolished and new ones (Collection,
Production, Operations, Management,
etc.) could be established.
--- Intelligence Community function could
be expanded and "second deputy"
legislation enacted as amendment to
1947 Act
New legislation is not necessary to make intelligence.agencies
accountable. This could be done within the framework of existing
law through amendment and/or the use of Executive Order.
3. What are the hazards of seeking new legislation?
Much could be lost once intelligence statutes are opened up for
amendment on the floor of Congress. There is no way to insure the
ultimate content of a bill once the process is set in motion. A new
charter could be distorted by ill-conceived amendments which cut deeply
into existing authorities and impair existing Presidential flexibility.
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 r 7Z ti , E . tom;-7.,,,
'i -
F
:
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AADP7= 00983A 80006000,
25X1
SUBJECT: Conversation wiWia. Sam Hoskinson, National Security-
Council Staff
1. Sam. Hoskinson, ' SC staff, called and gave me a brief
rundown on the President's meeting with the members of the Senate
Select Committee on Intelligence at the White House this morning.
2. Mr. Hoskinson said that on the subject of an open intelligence
budget, . the President held to the position taken by Admiral Turner in
the open budget hearings before the Select Committee, which was that
the Administration would not release the figure but if the Select
Committee was interested in pursuing this matter with the full Senate,
the Administration would not object to the release of one figure for all
U. S. intelligence activities. The President strongly opposed any
further breakout of intelligence budget data.
3. The President also expressed a view that the Select Committee
should have consulted him earlier regarding thel statement
which it ultimately made public and inferred that he would hope that the
Committee would not resort to th
4. On the subject of charters, the President indicated generally
that once the PRM-11 exercise is completed, he would be willing to
work with the Committee on the subject of intelligence charters but
took the position that these charters should not go into great detail.
This matter is being handled in the Executive Branch he said by the
Vice President and Admiral Turner. In this connection, Senator Walter
Huddleston (D., Ky.) expressed support for a strong DCI with line and
resource control and the President seemed to agree with that position.
25X1
w5
25X1
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5. Mr. Hoskinson also mentioned that Senator Birch Bayh
(D., Ind.) indicated that he was very happy with the electronic
surveillaxice bill which has been worked in the Executive Branch.
Senator Barry Goldwater (R., Ariz.) expressed a view that the
Administration was reporting in too Great detail to the Select
Committee on covert activities.
Ai:cording :to. T 11'.-;Hoski,nson -: at-the end of -thee:meeting? .
would be. He also gave a strong endorsement of Admiral Turner.
superb job and that its work was better than he had ever dreamed it
the President had great praise for CIA saying that it was dozing a
25X1
EORGE L. CARY
Legislative Counsel
Distribution:
Original'- OLC subj
1 A/DDCI
1-CGC
1 - IC Staff
1 - Comptroller
OLC/GLC:baa
a ? 4?~B a i.
~x . ~:a.t o cCia,
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THE WHITE HOUSE'
WASHINGTON
t1EMORANDUM?1 FOR: FRANK MOORE
5/4/77
L77*o91/
FROD1: TIM KRAFT , ?. sip yyr'
Approved Presidential Activity
SUBJECT:
Please take the necessary steps to implement the follo.aing
and confirm with Mrs. Nell Yates, ext. 2699. The appropri-
ate briefing paper should be submitted to Rick Hutcheson
by 4.00 p m of orecedina day
Meeting: with Senate Select Committee on Intelligence and Senator Robt. Byrd?
Date: Fri., May 13
Time: 10:00 a.m. Duration: 45 mins.
Location: Cabinet ;. o * if weather permits previous ceremony (biLL signing)
in Rose Garden; o `!erwise, State Dining Room.
Press Coverage: To be coordinated with Press Office.
Purpose: To discuss development of intelligence legislation.
To be coordinated with Bill Smith of the Vice President's Office and ',\-S"-.
CC: Tien Smith
Nall Yates
Rick Hutcheson
Hamilton Jordan
Jody Powell
Rex G ranum
Dr. Brzezinski
Bob Russell
Dan Tate
Rick Inde rfurtt1'
Admiral Turner
Penny Miller
Jane Fenderson.
Fran Voorde
Helen Donaldson
Jack Watson
Stuart Eizenstat
sscl
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 EXECUTIVE SECRETARIAT Li. Ragiatzy
Routing Slip
j 17-
8 1 D/DCI/NI
20 1 0/EEO
Remarks: Note planned Presldential:rneettngs tvrtti,
sstOz '1 1 %~+~er to iscuss tntell.tge:'de
Co
`
n
e
;islation.. _Briefing paper clue,ib )O pr :ceazag aay
ST -:.
?F }hat
rte
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ACTION I INFO ` DATE INITIAL
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 CU1~'t T~}~ lj' RP ,~F: L-~I i~? `- 0WAil 01800060004-0
"INTELLIGENCE: REORGANIZATION ACT OF 1977"
Sec. 102 - Statement of Purposes
(1) Insure direction of intelligence activities.
(2) Establish Director of National Intelligence, define his
responsibilities and confer authorities.
(3) Insure that necessary information provided to Executive
and Legislative.
(4) Protect individual rights.
Sec. 103 - Definitions
--Intelligence Community - adds intelligence components of
Drug Enforcement Administration to E. 0. 11905 definition.
--Intelligence Activities - all informational activities, special
activities, counterintelligence activities.
--National Intelligence - information and analysis used primarily
in formulation and direction of national policy.
--National Intelligence Activity - activity of members of Intelligence
Activity or activities Me President so designates.
--Intelligence-Related Activities - includes training and research
and development.
Counterintelligence Activities - all phases of information
process and Government activities to counter foreign intelligence
activities plus any support activity.
--Special Activities - non-information related activities which
(A) furt~ier .5. po isles and programs abroad, (B) planned and
executed so U. S. support not acknowledged and (C) carried out by
member of Intelligence Community.
--Sensitive Clandestine Collection Project - Secret Intelligence
Collection Activity which if revealed would cause significant harm or
embarrassment to U. S. or a U. S. national not connected with the
Intelligence Community.
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--Exceptionally Sensitive Clandestine Collection Project
-
Any secret intelligence ccollection activity'which it reviceale or
discovered would be likely to cause serious harm to the U.S.
--National of U. S. - a citizen or a non-citizen who owes permanent
allegiance to tie U. S.
--Committees of-Congress -any committee.
Sec. 104 - Authorization of Activities
Entities of the Intelligence Community can engage in national intel-
ligence activities subject to direction of the National Security Council.
and Legislative branches and to engage in special and counterintelligence
activities.
Sec. 105 - Director and Deputy Director
Creates a Director and Deputy Director of National Intelligence.
Appointed for six-year terms, with advice and consent of the Senate,
and may not serve more than 12 years. Both posts cannot be filled
simultaneously by active or retired commissioned officers. The
Director shall be paid at rate of Level I of Executive Schedule.
Sec. 106 - Authority and Duties of the Director
The Director:
--Shall be responsible for all national intelligence activities.
This includes coordinating, reviewing, evaluating, producing,
establishing requirements and plans for all national intelligence
activities.
--Serves as the President's primary advisor on national
intelligence.
--Reports to and keeps the President and appropriate congres-
sional committees fully and currently informed of all ongoing and
proposed national intelligence activities.
--Shall insure that ongoing and proposed intelligence activities
do not adversely affect the national security, defense and foreign
relations of the U. S. and that they do not abridge the Constitution
and laws of the U. S.
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--Controls budget activities of the Intelligence Community,
including the preparation of.the annual budget. Provides budget
report to appropriate congressional committees.
--Produces NIE's and SNIE's.
--Coordinates all clandestine collection of intelligence,
including human sources.
--Develops security standards for the management and
protection of intelligence information and material.
--Can terminate the employment of any officer in CIA, NSA,
or Special Offices for-Reconnaissance if in the interests of the
United States.
--Reviews the IG reports from the Intelligence Community
entities.
--Shall be responsible for all relationships between
Intelligence Community entities and foreign intelligence or
internal security services.
--Shall be responsible for security of U. S. communications.
-- Coordinate activities to protect U. S. against foreign
intelligence activities, terrorism, and international narcotics
traffic.
Directs all national intelligence obtained by departmental and
agency heads be promptly furnished to Director or to Intelligence
Community entity designated by him to receive such information.
Sec. 108
--Provides for not more than four Assistant Directors of
National Intelligence.
--Grants Director authority to establish such committees or
boards as he deems necessary to carry out provisions of Act.
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Sec. 109
Provides procedures for reporting improper or illegal intel-
ligence activities by the Director to the Attorney General, the
Intelligence Oversight Board, the President and appropriate
congressional committees.
Sec. 110
--Charges Director to maintain complete record of all legal
authorities and published regulations and instructions affecting
national intelligence activities of the U. S.
Complete copy must be maintained in the Office of the
Federal-Register, National Archives and Records Servics,
and General Services Administration.
--Must make copies available upon requests by Congress.
Sec. X11 - Appropriations
--No funds may be appropriated after FY 77 for any national
intelligence activity unless authorized by legislation during the same
or prior FY. There is an exception for funds appropriated under
a continuing resolution. Public disclosure by the Congress and
the President of funds appropriated and expended for intelligence
activities is mandated to the extent required by the Constitution.
--The Director shall be informed of and approve any proposed
reprogramming of funds by any Intelligence Community component.
--The Director may expend unvouchered funds for "extra-
ordinary or emergency national- intelligence activities as are
"authorized by law. " The Director must report quarterly to the
oversight committees on all such expenditures.
--At the request of any congressional oversight committee,
the Comptroller General shall audit and review all appropriations
and intelligence activities except those carried out under the
unvouchered funds authority.
--A specifically appropriated contingency reserve is allowed
to be utilized only for unforeseen expenses as approved by OMB
and only after 72 hours prior notification to the appropriate
committees. An exception to the prior notification requirement
is made for activities certified by the President to the committees
within 48 hours of the initiation of such activities, certifying that
the prior notification would be harmful to the U.S.
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--The Operati.ons Coordinating Committee is formed in the
National Security Council with a Chairman to he named by the
President.
--The Committee shall consider any "special, " "exceptionally
sensitive, to or T',ensitive" intelligence activity by any component of
the Intelligence Community or by any foreign government or service
for or on behalf of the U. S. Significant changes to these activities
also would be reviewed. No such activity would be allowed unless
the Committee considers it and advises the President thereon.
-The Committee shall review at least annually all ongoing
sensitive projects.
--Proposed "special" activities may be approved by the President
only if "essential to the national security, " consistent with "publicly
expressed and defined foreign policy goals, " and if overt activity would
not likely accomplish the intended objective.
--Similar limitations apply to "exceptionally sensitive clandestine
collection" activities.
--All factors relating to sensitive or special activities shall
be available to the Committee for its review. The Committee must
meet and report formally on all matters within its responsibility,
and an opinion by the Attorney General is required on each recom-
mendation made by the Committee.
--Only entities of the Intelligence Community may conduct
special activities, and the CIA must conduct all special activities
unless the Director (subject to Presidential approval) determines
the CIA is less likely to achieve the result(s) of such special
activities than another entity of the Intelligence Community.
--Prior notification by the Director to the appropriate committees
of Congress as regards all special or exceptionally sensitive activities is
required. This applies also to significant changes in ongoing activities.
The only exceptions to the prior notification requirement are those
activities as to which the President certifies the notification would
harm the U. S. The details of such "excepted" activities shall be given
to the committees within 48 hours of their initiation. The Director
shall keep records of all notices and responses to notifications (which
are required) to the committees whenever an activity is conducted
by an entity of the Intr,1li.gence Community other than the CTA.
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 TbtpCY8
appropriate committees as to all spacial and sensitive activities'
being conducted by the U. S. or by a foreign government or agent
on behalf of or for the U. S.
--The U. S. Ambassador shall, under 22 U.S.C. 2680(a), be
kept informed as to all special or sensitive activities relating to
the country which he is assigned.
Sec. 113 -- Counterintelligence
Establish Counterintelligence Committee in National. Security Council
to
ssi
t P
id
a
s
res
ent with CI policy. The Committee shall supervise
CI.-* IVshall review all proposals for=initiation; change-or termination
-of CI activity which may have a significant impact on national security
or rights guaranteed under the Constitution. No such proposal shall
be implemented without the approval of the President
The Di
t
.
rec
or
shall notify the appropriate committees of Congress prior to implemen-
tation of such CI activities.
Sec. 114 - Executive Branch Oversight
Establish an Intelligence Oversight Board (1013) in Executive Offi
ce
of President consisting of three members. Board shall receive reports
from IG's, GC's, and agency heads regarding questionable activities
and report on same to Attorney General and President.
Sec. 115 - Prohibition on Use of Journalists, Clergy, Government Grantees
No entity in Intelligence Community may pay an individual following
a religious vocation; an individual receiving Government funds for
educational, arts or humanities affairs; or an individual serving as
U. S. journalist for engaging in any intelligence activity.
Sec. 116 - Prohibition on Use of U. S. Nationals as Combatants
No national of the U. S. who is not a member of the armed forces
may be assigned as a combatant in any foreign country unless
President approves such assignment and such assignment is specifically
authorized by law within 90 days of the assignment.
Sec. 117 - (Provisions to be inserted later)
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Sec. 118 - Annual Review and Report
Establishes a National Intelligence Activities Review Board con-
sisting of nine members selected by the President to conduct periodic
comprehensive reviews and evaluations of national intelligence
activities. The Board is authorized to have access to all. informa-
tion and material in the custody of the Intelligence Community.
Sec. 119 - Congressional Committee Reports
The committees of the Senate and the Ilouse having jurisdiction
over, matters relating to national intelligence activities shall make
regular periodic reports to their respective Houses on the nature
and extent of national intelligence activities.
Sec. 120 - Annual Report of Director
The Director shall submit to the Congress an annual report in
Which Intelligence Community activities and foreign country
intelligence activities are reviewed and discussed. The Director
shall also make an unclassified report on these matters available
to the public.
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