COMMENTS ON NEW SSCI DRAFT OF A REVISED INTELLIGENCE CHARTER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-00473A000200120003-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 68
• Document Creation Date: December 15, 2016
• Document Release Date: August 4, 2003
• Sequence Number: 3
• Publication Date: March 24, 1977
• Content Type: MF

STATINTL DRAFT~/24 Mar 77
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MEMORANDUM FOR: Legislative Counsel
Deputy Legislative Counsel
. John F. Blake
Deputy Director for Administration
SUBJECT Comments on New SSCI Draft of a Revised
Intelligence Charter
1, Pursuant to your request, this memorandum contains
some comments relating to the new SSCI draft of legislation
relating to a revised intelligence charter. In ~ ~
~ comments
we have deliberately avoided 'q?~.~'.~~~.~~-'~
shaking ~ minor points -~a-t
ce-uld be addressed but-which, in our opinion,-~ unimportant
at this s:ery preliminary stage in -the process. Rather, we
have attE~mpted to speak to the basic concept .itself and then
to addre:;s certain specific points that we consider require
early clarification.
2. The concept of the establi.:~hment of the position of
the Director of the National Intelligence Authority, who
does not wear another hat as the head of any intelligence
entity and who has strong budget authority, could provide
important improvements over. the present situation. Examples
of such improvements would include:
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a. The President could look to one individual
wham he could hold responsible,, in a real sense, for
the activities, management and effectiveness of the
commtunity. ~-~4y~~~ G~~n: =s~.~~r+~ ~aa.'r ~-~ 14- ~-~.~~t
(,iwe,~-~. ~. /rte ~ 4 ~ k ?Lh~Y{s~i ~
b. /With the centralization of the budget control
for the entire community, it should be passible to
eliminate duplication, ensure that marginal activities
are eliminated, and more adequately adjudicate conflict-
ing requirements fo.r resources.
c. Parochialism and. conflict between. the compo-
nents of the intelligence community could fre handled
and resolved at a level lower than that of the National
Secuxity Council or the President in those: eases where
it was desirable.
d. The political and- bureaucratic. irritant that
has ~~ften times been fostered by the dual scale of the
Director of Central Intelligence would be eliminated.
2. :[n order for these improvements to be filly realized,
however, certain clarification of the proposed legislation
would appEaar to be required. In Sec. 6 (a} of the proposed
bill dealing with the authority and duties of the Director,
it is stated that he is to direct and control the intelli-
gence activities of the United States. The meaning of the
wards "direct and control" need more precise definition.
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The proposed law makes it clear that direction and control
as exerted through the budget process clearly exists. The
definitions are not so clear as relates to the command
authority that theJDirector would be granted. Since at
present C'IA reports to the National Security Council and
since the proposed DNIA would also report to the National
Security Council, the question of command of CIA as such
would seem easily solvable. On the other hand, the other
components of the intelligence community which now report
directly or indirectly to cabinet officers do pose command
and contral problems.- If it is proposed that they would be
either now, or in the future, made directly subordinate to
the DNIA in a command sense, this should be clearly spelled
out in the law. Likewise, the role of the Assistant Directors
should be clarified in terms of whether or not they have
command responsibility.
3. Speaking to the negative aspects of the proposed
concept, oaf primary concern is the fact that the. proposed
legislati~~n is silent as regards the funds which will be
required for the new authority and the numbers of people
to be assigned to it. The possibility of a bureaucratic
expansion with its resultant difficulties and costs certainly
exists. If it is the intent of the drafters of the legisla-
tion that the resources for the National Authority would be
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drawn from existing elements of the community, they should
be made .ware that this would interfere in many cases with
the abilities of these entities to continue to properly
carry ou~'~ their individual statutory responsibilities.
4. Another possibly troublesome aspect of the concept
is the responsibility that the proposed law places on the
DNIA to report simultaneously tc- hoth the executive and
legislative branches of the Government. Such a responsi-
bility rLins in the face of our traditional concept of
separation of powers within the Government. While the
apparent dilemma is probably not unsolvable, any legislation
should be more precise in how it wi]_1 be accomplished while
still maintaining the separation referred to above.
5. Should the command and control questions raised
above not be resolved, the centralized budget function of
the DNI~might pose extremely difficult, if not. illegal,
problems. The most dramatic example of this would be a
situation created by this proposed bill where the Secretary
of Defense would retain command authorities over large and
costly entities but have none of the traditional powers and
authorities relating to budgets for those entities. We
believe this could do real violence to his role.
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6. Speaking specifically to portions of the proposed
bill wYiich we feel require further definitions, we note
-that under Sec. 6 (d)(13) that thE~ DNIA shall "be responsi-
ble for all relationships between the various entities of
.che National Intelligence Authority and the security serv-
ices of foreign governments, including any agreements,
arrangements, ar understandi..gs governing such relation-
ships...." We would hope th~..t what is meant here is a
supervisory role as relates to clandestine liaison rather
than a participatory one. However, this point is not clear.
7. Another section requiring further clarification is
Sec. 6 (d) (4). In this section, the DNIA is directed to
"provide for the effective and efficient direction, manage-
ment, and coordination of the entities which make up the
National Intelligence Authority." Here, again, as regards
the word management, we would assume that only a supervisory
or monit~7ring role is envisioned. However, this is not clear.
~-.
8. ~~_.=basic consideration that arises in review of the
-^,
'proposed legislation is the question of whether ar not an.
expanded or.ganizatic~n such as is called for, or at least
implied by this legislation, is required. If, as some be-
aieve, many of the past problems have developed through the
dual role of the DCI and the resultant resistence to him
on charge's of parochialism or bias, then a point can be
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made that: a more economical solution ~o att pt is-the mere
elimination of the duel o~.e..~~elatively simple legislation
could be proposed which would establish the position of the
Director of the CIA while at the same time providing for a
Director of ,~IA, or whatever, who would take with him. the
~-ta~~ and function as a coordinat:o_r of the community
without allegiance to any particular- part of it. Whether
or not this approach would work or would be effective is
conjectural."~-~he point i-s-,--however, that it has- never begin
triedF.and_,.tha~t-.-:it might possibly work .while at the same time
posing fe~werprpblems than the expanded organization :implied
by the new proposed legislation.
John F. Blake
ILLEGIB
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 ^ LS~dCI.,~SSlF89sD ^ s~~oriir ._ :~ [^ CO?~FIDEP1TlAL
STATO
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SUBJECT: (Optional)
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DD/A Re~fEltrv~
FROM: EXTEiNSION NO.
Legislat~_ve CoT.~nsel
R 6C19 HQ ~ DATE -"-_ -
Zl March 1977
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----- v--'~
TO: (Officer designation,. room number, and
DATE
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building)
OFFICEk'S
COIJ~MENTS (Number each comment to show from whom
RECEIVED
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FORWARDED
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INITIALS
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b whom. Draw a line across column after each commont.)
1 ?
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~ 7 F3Q
Attached is a new SSCI draft
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of a revised intelligence charter..
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r=C~
It is largely based upon the earlie
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a t
which we reviewed last week.
~ ~ ~ 7t~
It appears that there is a develops
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c~c i''n~ 't~iat charter refoxm ~a~.ll
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~en~n~e by the PRIM it prose as.
~owevers`~~ae are under instr-Lict~
or>s
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a.
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to be prepared for negotiations wit
the Select Committee on their bi7'1~
~j ~
and we are anticipating the creatio
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of a task force for that purpose
For ~~ow, ,lease review the attached
draft and identify those areas
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where ou would reco~mnend changes .
i~'Je would like to receive your
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comments b noon on Friday,
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25 Ma~~ch 1977.
you.
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I}eptF eg?~S ative COLinSBI
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STATINTL
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FORM 61 ~ USE PRE /~I~US
3-62 ~J ` EDITIONS
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^ CONFtDEtdT~AL ^ use oHiY ^ UMCLASSiFtED
 ' i~tarc~Ap~p$gvell~A~' Release 2003/10/01 : CLA-RDP80-00473A000200120003-8
PS~OPC?SED i~.ASTER UUTLxNE
T. Creation of.a National, Intelligence Authority .for she
. ..collection, production and analysis of foreign inter-
. l:igence..and foreign counterintelligence-i.nfarmation,~
A.
C.~
D.
gents Authority
-
Du~tzes of~the~Director af.the National Zntell.i-
Purpose of a National Intelligence .Authority --
Powers of the National. Intelligence Authority
Composition of the Nat_i.onal Intelligence Authority
Direction and Control of a National Intelligence
Authority ~ ~
XI. Entities of the National Intelligence Authority
.. .. ~ .
A.. National Security Agency Charter
~- 1. SIGINT and COMSEC missions
2. Prohibitions and ~'rocedures
a.Prohibition on targeting of U.S.~pe~csons
other than via warrant procedures
b. Procedures far the approval of warran t-
less SzGINT activities -
c. Procedures for the retenti.an and dissem-
~
. ~ inaCiori of.informa.tion on U.S, persons
. ?3.~ Central Intelligence Agency Charter
1, Covert action missions
~, a.. Standards for i~he employment of. covert
b. Procedures far x'eview of proposals,
monitoring, azid evaluation
c. Prohibitions such as .those on assassination
. of foreign leaders and the overthrow of 25X1
democratically elected governments ~-
., ~, _ _ -
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3. Counterintexligence _ "'
a? Role of the DNI in allocation of resourcPS
.and the Attorney Genera]. in deterininatian
of legality and propriety of activities .
' ~ b. ~ CIA role in formulating counterintelligenco.__
.strategy
_
c. Procedures :Eor review and contzcil o.f CI~~.
counterinte:Lligence activities ~ abroad
d? Relationshi
frith
p
the FBI in the United
States
E. Liaison with Foreign _Police arzd ~Fareign Intelligence
Services
C. Defense Intelligence Agency Chartex
~~? .Federal Bureau of Investigation Charter
c
ve from foreign liaison.
services
z?. Control by the Director of National Intelligences
~? Reporting to Congress of agreements and under--'
.standings
4? Prohibition on use of liaison ?sex`vices as
agencies to avoid imposed restrictions.
5. Rules on retention and dissemination of material
an U. S, persons x'ecei
1
-~? Applicability to all intelligence and Iaw
enforcement agencies
IIZ. Activities of the NIA likely to affect. the x:i.ghts of
Americans .
A? Covert investigations of Americans who may bE Engaged
in espionage, clandestine intelligence activities ar
international or transnational terrorism; who may be
security risks or may be~responsible for security
leaks; and covert investi
gations of foreigners who
may be engaged, within t:he U.S., in espionage, Glandes-~
. tine :r.ntelligen.ceactivities ar international. ar tx-ans-~
national terrorism.
'.
B- Overt collection of foreign intelligence froru Witt' .
foreigners and Americans within the U:S, zng
C. Covert.recruitment of foreigners and Americans wi .
the U.S. to engage in espionage abroad on thin.
U. S . ~ ~ , behalf of _the
D. Covert monitoring of entrance and egress from the U.S.
EApproi~ea~F~~Ip~Q~~/9g/~1obC~4gRDP$d0-0y 7the0 2RS 2000d3-Qn the face
of the U.S. mails
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-3-
.,,~
,k". Judicial warrant procedures for certain extraordinary
covert technigv.es which"constitute search and seizure
zV. Authority of the Attorney General to investigate domestic
tEurrorism"and to g"other information pertaining to civil
Cl:lSbrdPrc "
Redefining criminal sanctions-and administrative statutes
p~'-x?taining to count
i
er
ntelligence
~
A?
Repeal..or .modi.:E.ication o.f the speech and. registration. "
statutes .
$: Strengthening the. espionage statutes
r
s ~.g t o comp~.iance wzth the "law and
? A. Attorney General responsibility for internal "executive
branch ove
h ~ f
VI. ~.n.suring compliance with the charter
B. General Counsel and :Cnspectors General
C. Administrative Rulemaking and increased disclosure
D. Civil Remedies and Criminal Penalties
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NOTE ON CONCEPT OF TFIE NATIONAL TNTELI,-IGEiv'CE .AUTHOP,IT~' ACT
:'
The bill creates a National Intelligence Authority made up
1r . r -
of/~all~e;~isting national intelligence entities. It establishes.
~~
a Director of National Intelligence,. a Deputy Director of National
Intelligence, and three Deputy Directors-far Technology, Operations
and Intcl.lxgence Estimates respectively. It assigns a clear ..line=:
of authority over. national. intelligence from the President, through,
the NSC, to the Director for National. Intelligence. The bi11
assigns missions, responsibilities, limitations and accountability
to alI national,. intelligence _entities_.____It provides clear. authority
to the Director for -the direction.?o-f-a11. national_~ntelligenc~----.
activities.
The bill would no t. change the operations
of the'cornponents of the national intelligence
_~ . _.
far examp:Ie, would continue as it does now, to
and di'ss.erninate all. signals intelligence under
,The NRO would continue to handle, as it does now, the day to day
operations, of the satellite and other national overhead reconnais-
sance pra~;rams under?the direction and tasking of the Director of
Central Intelligence.
-. ~._.~ -
It should be stressed that the bill does not abolish any existin;
of any
eammunity, The NSA,
operate, collect,
the tasking, coordina?~
.guidance, and direction of the Director of Central~Irztelligence.
PresidenApp~n~ed he Congx~003/~oOboCIdAR DR8 b1o73A0005O01chan $ s .can b
It does, however, give the President the authority and .
~
the means to
make the internal organizational modifications he --
might deem best wit~~in the overall guidelines of nission xesponsibil:
and accountability. If, in the course of two y~axs or so, new
~...m.
permanent .intelligence organizational structures axe thoua
~ht by the
entities.
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made at that t
clearly defined authority, duties and accountability for national
In s~.unmary, therefore, the National Xntelligence Act assa-gns
Authorit;~ Act .
~~~
-the exis~~ing intelligence_agencies~and departments~at the outset.
intellig~.nce, and gives the President maximum flexibility to make
whatever organizational changes seem required to strengthen the
effectiveness of the national intelligence system without changing
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~.L'-.1.~ yut.:n,ci.~~ C:()i2La.ZT15 the- proposed legislation,
~f'ollawed by a section-by-section analysis.
y. .
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 ~...~,i.b,._ C(?i`;C ~'L' `ilS (~~~~.-~'i!1 in allbinnk lin.sexc?ut
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1 s t Ssssroiv .
~~
xN `i'ICE S ~'NATE OF' THE ~JN.I'.CED STATES
nZr- --------------~___.___.--~--------------------------------------------------..._._..._~--~~-- -----------_____.------------_-__.__..~.
introduced the :~allow3ng bilir tivlzich ~~ias z?ead twice and a.?efetred to tltb Committee on ____
T'a improve the stational intelligence system of the United States b~y .
the establishment of a National T.ntel'ligence Authority, and
for other purposes.
Fie it e7utctcd b~ ~)ae Se;ut~e ar~,ct ~.I~tcse of .:l~epre~e~n~ot~ire~s of t1~e ~I7zited ,St~.ctes of
A~t2~e7~ica in Cara~ress assembled, That this Act may be cited as the
"~Iatianal intelligence Act of 1977".
Sec. 2- zt is the purpose of this Act eM
(1) to insure that all intelligence activities of the
United States are praperly, effectively and efficiently
diarectecl, zegulated, coordinated, and administered;
(?_) to pxavide the executive and Iegislati:ve branches
of the government with such accur_a.tey relevant, and timely
it~.formation and analysis as may be necessary to enable
.such b~t:anches to (A} make sound and infon-ted decisions
rE:garding the security and vital interests of the tJnited
States, and (B) protect the United States apai.~tst foreign
esp:i_onage,' sab6tage, .clandestine it~tellioence .ctivities,
assass:~nat~.ar~, terrarisrn, artd other forr~ts of fo_eitrri
o
aggression; and .
('.) to insure that the intelligence acti-~?ities of the -
United States da not infringe upon or violate those individual
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 3 ri ~r1t~S protected b t}, o
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DEFINITIONS
United States.
Sec. 3. (l) The term "intelligence activities"
(A) the collection, file retention, analysis, pro-
an cI
duction, or dissemi.nata.on of information, including
...~.~~. .~. ,n v
which relates to any foreign country, or any government,
_ .` .__~.
political group, party, military force, ~mavement, or_
~.._ ~_ _ .>. K
political, economic, sr-ientific, technical, military
~.-.- ~-g
cultural, sociological,-and geographic information
file retention, analysis, production, dissemination, or
use of information; - - .
{;B) any activity taken ta.counter any activity
similar to any activity described ixi clause (~`~.) dined
against the United States;
any activity which is in support of any of such collection,
other association of persons irL such fare:Cgn, cauntry,
and w]Zich relates to the defense, forei_gix policy, national
security, or related pol.ieies of the United States, and
(C) any special. activity which is any activity
other than the collection and production of information
and analysis and related support functions, ~rhich is
designed to further official United States programs and
policies abroad and which is planned and e~eeuted so
that~the role of the.United States Gavernmen:t is not
apparent or .publicly acknowledged and which is .carried
out under the direction of the Na.tianal Security Council
and subject to the oversight of 1~he appropriate -
committees of the Congress.
(2) Tie term "nati_onal intelligence" means infor-~zatioz
analysis related to the national defense, national security
~i~[-.'>- .eti': `'~ ~' _ .`~'4J:- ,i y-_!..r+i-~.::s.,J-`t?w Z.-..~,.:. ~d+_' 'Y ~`u`"1'~T-..a. ..? ~_ '_ ~.v-r - ~ L.'3-
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"~ a r. k.: ~ i^~.: ,?tyr~~`?~+ri 'I r..~c.-~.,1i ;y ~?.+r"i,~~ir,^; ~.i_e~- .. .~ ry.-.'". ~' '3_' ,r i-. f"'~t4 ~5!-t.}::
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`~T_'~i_. . Pn?~~-....i.^"~"~":'t:{~.,Pi~'.~'`_ 'r-' -3-'k"" .r; '4 mot.. .~:..>`?!y b-r.n;'jc'S.. ~ s a,~ ~-~ -s'' ~-, , n!_;:.."=Y..L:~.
-"^t'.r^,,,,. ~ '..`e_~-w--"".`Y-" -,~,,,.. ^~` ?--?-;~ .yA~ ~~-~~~~:~T~~_u.~'. ~.-,I ~,, _w, ..; ..~'~ ~~~: w ^.. ~~ ~t'..a-,.r~ ~~i.y . ..
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 Approved For Release 2003/10/01 :CIA-RDP80-00473A000200120d03-8 ~ .
and foreign policy interests of the United States, which
infarmation is used primarily by national policymakers such
as the Pre:~i.dent, the National Security Council, and the'
4iylJ.
analysis which is used primarily by departmental or agency
heads or t~zcticaZ cammanders of United States armed farces,
`-and irhich has no significant national policy--ma'~cirig purpose.
.,
(3)_ Z'he term "national intelligence activity" means
intelligence activities far the purpase of producing national
intelligence. It includes the activities of (,~) the Central
Irxtelligence Agency,. (B) the Defense Ixrtelligence ~.A.geney,
(C) the National Security Agency, (D) the inte~..l.gence compon-~
ents of the Federal Bureau of Investigatzan., (E) th.e Special
Offices far Reconnaissance Activities; (F) the Bure~.u of -
Congress. :Ct does not usually include that in.farmat_an
Intelligence and Research of the Tepartment o:E State, (G) the
intelligence components of the Department of the ~zeasury,
(H) the irzt~elligenee components of the Energy Pesearch and.
Development Administration; and (I) such other activities
__,____,.,~._,._....~.,_-.--.---. _e_........-..__ .__~.
as the President shall designate.
(4)
'Che term "tactical or departmental. intelligence"
'~= -.~
means information and analysis which is used. primarily by.
States armed forces, and which has
(6) 7.'h.e .term "'intelligence community of the United States':
means all entities of the Federal Governr~ient to the extent
tica.l commanders 'of United
a,
,
na .~ s ignif icant rational
(S) Tk~e term "tactical or departmental intelligence
activities" means intelligence activities other than ;;pec.fal
activities ~~n support of national foreign policy objectives for
the purpose of producing tactical r,r departmental intelligence.
policy--making- purpase .
activities, including, but not limited to (A) the Central
that such entities are enraged in ~natianal intelligence
_~-~r1 f - "'` ` ~:r ___' .Y~'+i 't't. "f -~'3i`7.~-s.}r}~''.i~.++r ,r~~-?t, yS-~-~.'^,",+?`.~,.`~r' ~, 4~i_ t ~.- a:~ ~." c..'. { s^y Y,,,~~yx;j
_ 3~w,.~..-~.,.~.,..:.~~r ~4 ",s ~~'~t -"~'+~- ~''`'~ ~'.Y'r'' r~~~..x,.-'3.~% ms's- ~.~~{`2.- ~4r-.t,_,~ y ~ r''-`a" _~,~~._~-~,ti3y~ ..~r`~ _ '~ 1
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 Y n t~l l i~~~~e~1~~''zeas~e~DO~~~~O~e:
~~~~~`~7J.~,~~~~1~~~~z cY,
(C) the Natian~~l Security Agency,
(D) the intelligeL.~,e
~
~
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components of the federal }3ureau of Investigation, ( )
Special aflzces for Reconnaiss~+.nce Activities, (f) the
Eureau of Tnta7.ligence and Research of the Departr~.eL.'~ of
State, (G) -the intelligence components of the Depaxt:nent
o~ the Treasury, (11) the intelligence coz~zpanents of the
?,
Energy Research -and Development Administration, ~ and (I) -
such other en Cities as are engaged in natiah.al intelligence
activities as
(7)
(A) a citizen
not a citizen
allegiance to
(?3) The
designated by the Dresidexxt.
l:erm "national `o# the United States" means
of the United States, ar (B) a person, though
,,,,~
ot~ the United States, who owes permanent r - '
the United States.
term "special acti~aities" means
activai.ties other
than the collection`
atiaz:~ of 9_nfornzatian
activities tahich are
correlation, production,. and disseznin.-
and analysis and related support
designed to further official United
States pra~grams and policies abroad and which -are planned and
executed so that the role of the Un~,ted States Government a..s
zxot apparent or pub7.icl.y aGknowledg4d and which are carried
out under the direction and control of the National. Secur~.ty
Cauz~.cil, and subject to the Avers fight of the appropriate -
(9) 7'he term "Attorney General." means the .Attorney
Gener::zl of the United States. -
,- (10) ".Che term "continuing resolution" means a joint -.
resolution of the Congress ~apprcapriat_i.ng funds for are or
mare depart;:rents or agencies of the government far a temporary
period of time pending the enactment of the regular apprc~pri-~
anon Act or Acts. for such departments ar agencies.
committees of the Congress,
 _~
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NAT'TONAL TNTELL:LGFNCF AT)T~-~ORTTY; FCrNCTIrJN
Sec. 4. (a) There is established in the Executive
Branch an office to be lrno~~n as the Na~tianal In tell_gence
Authority which shall operate under, and be subject to the
direction and control of, the NationalI Security Coinci.l.
(b) The National Intelligence Authority shall be
,ti
composed of-all entities of the intelligence cor~.z;~uni ty oz
the United States .
(c) It sha11 be the function of the National Intelligence
Authority to collect, analyze, and disseminate, to the
executive a;~d legislative' branches of the government, accurate,
relevant, a:zd timely. intelligence information anal an~~7_ysis.
xt -shall .al:so be t:he function of the National. Intelligence
Authority t~~ engage in special activities in si~pz~ar_ t of
national.- foreign policy objectives of the United States
pursuant to the provisions of Seca of this Act.
DIRECTOR AND DEPUTX D3~RECT(7R
Sec. 5. (a} The National Tntell.i,gence Authority shall
have as its head a Directox of National :Cntell:igence (herein-
after r_efer~?ed to as the "Director") . .There shall a7.so be a-'''
Deputy Dzrec~tor of,.National zntell.pence to assist the Directo
in car:.rying out the functions of the National Intelligence
Authority aiid to act in the p~_ace of the Director during; the
absence or disability of the. Direci:or.
(b) T~Le Director and the Deputy D~_rector shall be
appointed b;~ the "President, by and with- the advice. and consent
of the Senate, and each srze.ll serve at. the? pleasure of 'the
President. No perso~z may serve "as Director o9~Deputy Director
for a period of more than six years unless suc'n person is
reappointed by the President, by and with the advice and
consent of t:he Senate. No person who has served as Director
or Deputy Director for a period of less than six years and is
-_- ~ _ n ~vvcaa ~ v~ ~~c~.caa~ wvvi Aviv ~ v~~-~~u
 ~,
Approved For Release 2003/10/01 :CIA-RDP80-00473A000200120003-8
subsecluent:Iy ~~ppointed or read?pointed to thryt same offices
may serve in that office ender such appointment or reappaint-
ment for a. term of more. than. s:ix years . In no ever ~ may
any person serve as Director or Deputy D.i.rector far more
than a total of twelve years, At no time sha? 1 the t,o
positions of~Director and .Deputy D:irE~ctor-be "occupied
simultaneously by commissioned officers of the armed services
.,
whether in active or retirecl status.
(c) (1.) zf a commissioned offz.cer of the armed services
is appointE~d as Director, or Deputy Director, then---
~(A) in the perfoz7nance a.f his duties as Director
or Del~uty Directory, he shall be stxbje~.t to no, Supervisions,
"control, restriction, ozprohibition (military or .other-
wise} other than woulcl be operative ~,riLlx respect. to
hirn i~f` he were a civilian in. no ,ray corsnected C?rith the
Department df Lhe Army, the Department of the Navy, the
Department of the Air Force,' or the armed services or "
any cc,~mponent the:reo:~; and
" (B) he shall shall not possess or exercise any""
supervision, control, powers, or functiorxs (other than
such as he possesses, or is authorized or directed to
exercise, as Director, or Deputy Director) with respect
to~the armed services ar any component thereof, the
Department of the Army, the Department of the Plavy, or
the Department of the Air Force, or any 'branch, bureau, .
unit, or division thereof, ar with respect to any of the
person;:xel (military or civilian) of any of the foregoing.
(2) ;~xcept_ as provX.ded in paragraph (1) of this sub- ~:;_'~-
section, the appointment to the offices o.f Director, or Deputy
Director, o:E a commissioned officer of thz armed services, anti
his acceptance 'of and service in such office, shall in no way
hold in the armed services., or any ei:solumerzt, perquisite, right,
affect any status, office, rank, or grade he nay acc~a.py or_
 Approved For Release 2003/10/01 : CIA-RDR80-00473A000200120003-8
? privilege, err benefit inc~.dent to or arising out of any
such status, a#fice, rank, err g,rac'se. . E~ity such caris'-issTOned
of#icex st~a11, while serving in the o#fiee o# Director, or~
Deputy Director, contznue to hold xank and grade not lower
than that in which serving at the time of his appointment and
to xeceivE: the military pay a:nd allowances (active cr retired,.
.. .,
as the cos~e may be , zncluding personal money alloioan.ce) payable
to a comrTissioned officer of his grade and lengtYt of service
-, .
for ~,rhich the appropriate department shall be reimbursed from
any funds available to the National :Lntelligence Authority .
lIe also shall be paid by the National. Intelligence Authority
from such :~'~m:ds an annual. compensatic-ri at a rate equal to
Che amount by which 'the compensation established for such
pasit~i.on e~tceeds the amount of his annual rlili terry pay axed
allowances,. '
(3) 7'he xan~C or grade a:# any such eomntiss~.onect officer
shall, durz.ng the. period in which such~commissianed officer
occupies th.e office ol: Director of National Iri.tel.ligence, or
Deputy Director. of Natzona.l Intelligexce, be i.n adda_tion to
the numbers and percentages .otherwise authorized and
appropriated for the armed service of which he z.s a member.
(d) T:~e Director sha.11 serve as an ex officio member
of the Nati~~nal Security Council.
AIJI'p,ORITY ANA DUTIES OE 'CkIE. pIREGTOR .
Sec. 6,. (a) xt sha11 be the duty of tl~.e 3irector, under
the direction and control of the National Security Council, to
dixect~ and control. the national a.rztelligence activities of
the Uz~.l.ted ~~tates. 'the .President shall determine, with the
guidance erne: assistance~af the National. Security Council
and the Director which ~intel]_igence aeti.vi_ties of the United
States constitute national intelligence activi ties subject
to the direction and control o# the Director.
__--.,_.. ....___ _ Approved.F.Qr_Releas~.2flII31.1-0/01 : C~A~R{3P~80=00473Afl09-2~Oa130003-$--~.-----_.---_._ -.--_-~.~
 (d) The Director shall also--
_... ~.,
(1) serve as theC~~resident's primary adui o on
matters relating- to natiorxa.l ixitelligencc~ and provide
the .President and other off:~cials of the executive
branch of the government with acc~.urate, :relevant, and
timely information analysis;
(2) keep the President and the carnmittees of
Congress having jurzsdc~ion over ,~he_National. Intelli-
Bence Auth.orit r~fulyly and currenl~ly xrefar;.ned of a11~
n~,tzal-~.ntel:.l.i.g~nce activities of _the United States,
including any significant anticipated national intelli--
gency activity, which axe the responsibi:~ity of or are
engaged. in by any entity of the National Sntel~.igence
,Authority; but the foregoing sha,L~:_ not be cons~~.~.ed ,as
rec~uiringthe~ arova..y an.y cornm~ttee of the Congres
.to the implementation of any such. anticipated
national intelligence activity;
~ceep~ the President, the Natiana~. Security.
Council., and the appropriate committees of the Congress
e
informed on .the relatiozxship between.natianal irztelli-
gexxcy activities and the depaxtmecttal and tactical
intellience activities of the United States and alT
~.ntelli~;ence=related activities of the United States;
(4) provide for the effective and efficient direction,
manageuze~nt, and' coordination of the entities ~,Thich make
.Approved. For Release 2003/10/01 :CIA=RDP80-00473A000200120003-8
(b;? The Director'is autharized to review all depart-
mental car tactical intelligence activities and al? :.r.te~.Ii-
gence-related activities of the United States. .
(c) The Director shall mal4e such reco~mendat~.ons to the.
~'zesident, the Natianal Security Cauncil, and the a~~a=opriate
co~mriitte~~s of the Congress as he deems appropriate regarding
any inte:ligence activity ar any pz~opased intelligence
activity of the United States.
- ., ,_~
----Apps"Quad-~e~--F~k~ase-~~86'3M'O~fO'i`: X174=RBP88=6fiT473 - _
 -9-
Approved For Release 2003/10/01 :CIA-RDP80-00473A000200120003-8
up the National InteJ_ligence Authority;
(5) ~~rel~are an annual budget: for presentation to
ILLEGIB the President which includes funds far all national .
- -- ~_.~.
~.nt:elligence activities of the_ Un.~ted _;~tates;
~" establish and be respox~,sible for the allocation
. ,: _ _
and can?tro1. of ?all funds appropriated far ~carr;rir_g out
~. _~~..~
na~on.a7. ~ intelligence activities ;
(7)
establish requirements, develop plans, and
assign priorities far all national intelligence
(l+~) receive, correlate, analyze, and evaluate all
25X1
activities of the Uziited States, taking into account
-the -need for the intell:igerice components, of departments
and agencies of the government to also perforira, depart--
mental and tactical :intelligence activities assigned by
the heads of such departments and agencies;
.(8) evall.~te current and proposed intellz~ence
activities to insure the efficient use of intelligence
resources-and the fulfillment of national intelligence
requirements established pursuant: to clause (7);
(9) supervise the operation of and make recan~men-
dations far, such review procedures as axe cansisten.t .
~,rith t;:~e provisions of this Act and necessary for the
effective review of prapasal.s for Che clandestine .
m ... _ .w~ _ _ .~. ,_.....,
collection of :intelligence ;
{l:L) supervise the timely di_s.seminairian of national
intell:igexzce to all. appropriate departments and age~.2cies
of the ~;overnmcnt
nation.~.l intelligence, taking into accaL~.nt the need
to ins~:xre that diverse paints of vi~zca are heard and
~. ,~..... _~ti;~.~...,k ., _4w..
cons.id~wred;
~xr'=~
~~ ~?~:
i- r
~y*~ ,>~TJ~,~? `~~'' { ~ .ice X~
 ILLEGIB
protected by the
Approved For Release 2003/10/01 :CIA-RDP80-00473A000200120003-8
~t:clte4;
COCtstltUtl_ari ar laws of ttl.e United
(12) make every reasonable effort to furnish to
the departments and agencies of the government concArnsd
and to a~.l tactical. commanders of the e.r~:,ed forces o`
the United States all relevant national intel?igence;
(13) be responsible fox all. relationships bet~.een
,.~._
the various entities of the National zntelli~;ence
Authority and the security services_af f.areign gavern-
meets,.. including. any agreements, arrangements, or
understandings governing such relatiar-sh:i.ps; provided,
hati~ze~ver, that no component of the National Intelligence
_ ... _ .
Authority shall pay, cause, or ericQUrage ax~.y ageztcy~ of
any f=oreign government to engage, in activit~_es which
are prohibited to the coinporeents cif the National
Intelligence Authority. The Director of National .
:. ., ..
I-n.telligence sha~.1 not be relieved of any requirement
to report any activity to the Congress or to any committee
of th~~ Congress because such 'activity is carr~.ed out
thrau~;h or by any agency of a foreign government;.
(i'_4) submit all agreements, arrangements, and
under~;tandings described in. clause (13) to the appra-
priate committees of Congress for reviera as required
by la~~;
(15) assign to the components of the National
Intelligence Authority responsibility far services of
common cancexn as can best~be performed centrally;
(lfi) coordinate with the Attorney General.. the
_.
counte~~intelligence activities of the United States
~,
directed against foreign espionage, sabotage, c~.andestirie
zntel.ligence activities, assassinations, ar terrorist,
such coordination to include the revie;a and evaluation of
proposals for such activities as well as the monitor?ng
~
"{ ~. 1 ,y.....,,...-ss' ~ + '-..:.%5: '3""' - icz ~ ~T
.4.LL.w+,+_.7'-.~,a,- _, ,.~. f ?; '~ z,"~' f s. ~. n- ~ ~- }~ `-~' d."~ "rte'},-.~:=~ ~ ` _1?~,+rd'SYMw~>^.
.. ?a+wn"s'q, sa.~~+kaFnM~~.,i+e.'" - `_ - - - .wr."r>x.eHw. U*,er.:.w..r_-.waw.G.F1`_n~~
~~ountries .) The Pk~.C shall cons i.st of (A) the Director
ILLEGIB
"~
National intelligence, (B) the Secretary of State, (C} the
retary o~~ Defense, (A) the Special. ls.ssistan~ to the
sident for National Security Affairs, (E) the Ghairman
the .joint Chiefs of Staff; (F) the Attorney General and
Director of the O:Ef-ice of ~ianageznez~.t and Budget ~ shall
eligible to participate as observers; ~ (G} ,~Tner.ever possible
d appropriate, the views of the respective U. S . .~z:zbassador~s).
Z.l be solicited. .
(4) The members of the kolicy Review Co~~zittee designated
by this Act can designate senior representati~,7es to attend
...:,:t~ai::l~t.wt.. }`~"`.`^-.~..i...' `ir~~r; "~~5`e'.'}'.~~`'__~~ '"''~~?~ - '~-"T"'. .F"i`^ .4 *+wi..i..~a.d~t..TF;:
~, ~...Y., ~..~ ..-nom.
.. .' ;}-^`-? ._. '.. .r.~rr??,:i_'..,,. "'x'': '."'.iii ~~..'"''-^'"~^-r.-
Approved" ~or..Rele~~~r~.4Q:311.U1a1.:_~GIA-RDP80-00473A000200120003-8
 Approved For Release 2003/9~N1-: r~80
25X1
in their place.
(S) rIa special activities zn support a national fore_Lgn
.
-
-
policy objectives or sensitive elandestlne collection praj~cts
~., e.. r ~ ~. ,.,.
may"'~be conducted without the^_~pprQv~-~ln? of~ th.e ~'p,C ~ -
(C~) Each proposal far a special activity in suoport.
of nati.on.~.l foreign policy objectives shall include: (A) a
summary o:~ the activity; (E) a statement of just~.fication of
. ?4
rae.J^,t:'iv.R. _x.~. r.-:~:.Cak ~st.S+tC ti:. .? y~e_...i=,i+f r~4.r~.i r1?t. ....... ...,.r,.~,
vocations, for special activities in support of national
foreign poticy objectives or,~ar_sensitiv~: c:la~.destine
collection of_ Zn.,t,ellige3zce,
(20) No U. S . Gavern.ment persorRnel or U. S . citizens r,-ray
be used-as combatants in covert par~.znilitary activities
-.,v..>....-^-""..""?'^?~c.~wmwamn e+.rt.Yax?'rwran,iw.u~vYLcr ..:riY'..'d'.wV~.Sd:f~:4A'.a'~.-rA'.{W:aaltXenNAxvu~,.,,`R:~k": .t!P"??-^? v..~....aW'Y~,1',. .
'tib'M.'s'i'L#M1 t~;~:.e,
a -'t~9'.? f ~lk*-..t
w~.t~iin ~ ~~ days , provided however that the Congress nrav .
...pursuant to this Act and Congress authorizes their use
terminates their use at any time.
(2l} Clandestine collection. of intelligence by human
_~~.
sources s;Zall be `..`,"
conducted only by .___ ,,
~... the Central Intelligence
....,,. ,~ r. ,
A en ~~ ~ -,_ a
c
can be achieved by
~_
y un.ess the Director of National Intelligence certi
.. f y -'. -?.: w..` h., '.a: ~d 4~t~r: ,'+w ia.. umT{.?x' t9. "L 1i" .Shai F .xi'a.: yA i~..k...59+4t'IN b,??l'..4ry w'f ..
that the objectives of the cla_ndestz.ne collection project
~~...
cannot be achieved by the Centra.J, Intelligence Agency but
the use o:~ another entity within the
National Jntelligence Authority. The Director of N~~tional
Tntelliger~ce must notify the committees of the Congress
having jurisdiction over the National. Tntel.lige:~ce Authority.
of the nature of the clandestine collection project 'and the
reasons for the choice of an
intelligence Authority other
Agency.
entity ~aithiri the l~'ational
than thE~ Cer7tral Intelligence
 - LLEGIB
Approved For Release 2003/10 ~ ~ _ CIA-RDP$0-00473A0
Security Council a cotf~ii'E~ee to be lcnown as the Cou,ter-
C~JCINT~'t~I~1TET_,[,IGFr~CE CUi`~iiTTcE
Sec.. 1S. (a) There is established within t e `:atzon~l
in t~e~l~~~~rice`~Committee .
... ~.,M,
`-~~` Tl%e Counterintelligence Comrnitte.e sha11 b~ co;:iposed
(1) the Attarney General of the Unitet~ States,
who shall be the chairman ; ~ ~ - -
?(7.) one of the ?ttao Deputy Secretaries of Defense,
as d+~signate~d by th?e Se oret,~.ry a:E~ Defense;,
(3)
the Director of National lntelliger~ce;
(~+) the Assistant to the President for National.
Security Affairs .
(c) The functiazi~ of the Counterintelligence Camcrzit:tee
shall b~ C~; ~cciordinate and revieza_ ~o.ur-t~xxnt:e~~.:.gen.ce activities .
insure that all such caunterintell.igetice activzt~~s are
As part of such caordina~_~.on? a~id_ rou~w, :..such ~ommi.ttee shall
conducted in str:icC conformity ta:tt~h the Constitution and
~~ ~.rK~.W . _ ,,
~.y>..
the laws c7f the United States and shall make arY ar~.rzual.
re~part to the aPPropri~ate commits=ees of Congress certifying .
that such activities have been so conducted, or, if the
Counterin.t:ell~.gence Carr~mittee ha.s reason to believe that
any such a.ctivzty has not been sa cooducted, ~r_ertifya-ng zahich
such. activities have been so conductedJ. and which have not,
(d) 7;he Counterintelligence Comt~ttittee shall review the
25X1
standards established,~y, each, ~nt~elligence agerzcfor the
~':`?"
``7~pprovec~ for Release 2003/101D~..~_CIA-RD~~0=IlQ4Z~A00.02QQ12QIlQ3-R ---
_.
 Approved For Release 2003/10/01 :CIA-RDP80-00473A000200120003-8
Section 1, -Title
Approved For Release 2003/10/01 :CIA-RDP80-00473A000200120003-8
 .Approved For Release 2003/10/01 :CIA-RDP80-00473A000200120003-8
other persons. The'bill thus .responds to three needs which the
CommitteE: believes are the mast messing facing the intelligence
.~igence ~~ct~v~.t~es clo nat. violate the rights of Americans and
United St_a.tes security interests; and to assure that U.S. Intel--
executivE_ and legislative branches to assist t
' hem in protecting
administered; to provide useful information and analysis to the
activitiF~s are properly and effecta~.vely directed, regulated and
The~purpase of the bill is to assure that U.S. intelligence~~-
? 'Sec~Gian 2. Purpose
in w ~.ch palicymakers have confidence when and t,~here it is needed;
community:~~i.mproved management providing reliable information
and preventing intelligence abuses.
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 r ved F Rel s X003/10/01:CIA-RDP80-00473A000200120003-8
'~~c~zon ?~. ~e~znztions ~ ..
. tacticalL or departmental intelligence. National intelligence
(1} "Intelligence activities" means (a) the collection
(2,) "National intelligence"~ means information produced
(referrad to zn this bill as "special ac~ivi~zes"} .
.,:.w^.:ad,:~?'~~k,""u~as:PSea-ur~~*K:...,.. ,.:.~n.5am~'.~-.ar6,._.~.aufxs