PROCEDURES AND REQUIREMENTS FOR SENSITIVE INTELLIGENCE COLLECTION PROJECTS AND SPECIAL ACTIVITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00101R000100030014-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 12, 2016
• Document Release Date: August 12, 2002
• Sequence Number: 14
• Content Type: REQ

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~ ^ INTERNAL ^ CONFIDENTIAL ^ SECRET
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
FROM:
EXTENSION
NO.
Legislative Counsel
6D15 HQ
~
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DATE
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Attached for your reviezr is {
Attn:
section 114 of the SSCI draft
2.
Title. I relating to sensitive
collection projects and special
activities. Elliot Afaxwell gave
3.
us this material during our meetin
on Title IV last Friday, ~ti'e also
obtained Iasi Friday a copy of
4.
Title VI, the FBI charter. This
is the first draft of that title
which we have seen. Unless your
s.
office has a special need or inter
in obtaining a copy of this Title
VI right away, I will hold off
6.
having it printed up and dissemina
until we receive from the SSCI the
new drafts of Titles I and II. As
~.
you lrnoia we have been anticipating
receiving these two titles today.
It now appears that the Committee
B.
may not have them ready until very
late this afternoon or tomorrow
-
.
morning; I will let you lmow as .
9.
soon as we lmow for sure. Also,
I will be sending around a short
paper summarizing our meeting
~ o.
Friday on Title IV.
S
~~.
12?
Assistant egis at>_ve ounsel
13.
14.
15.
FORM
3-62
610 USE PR rp~v.~ ~~- ~ eas ~~E~l~-~DP8f-A,01p100030~-FUNCLASSIFIED
EDITIONS l_I LJ USE ONLY
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TAT
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PROCEDURES AND REQUIREMENTS FOR SENSITIVE
INTELLIGENCE COLLECTION PROJECTS AND SPECIAL ACTIVITIES
Sec. 114. (a) The National Security Council shall review
each proposed special activity and such clandestine collection
activities as the President, in accordance with this section,
specifies, conducted 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. For the
purpose of any such review, the National Security Council shall
include, in addition to members otherwise required by statute,
the Attorney General and the Director of National Intelligence.
No decision or recommendation to the President with respect to
any such activity may be made by the National Security Council
unless the activity has been considered by the Natianal Security
Council at a formal meeting at which each member required by
statute was present or represented by a representative designated
by that member.
(b) (1) The President shall establish standards and
procedures by which all activities involving clandestine
collection of foreign intelligence shall be reviewed and
approved. Such standards shall provide criteria by which to
identify activities whose importance or sensitivity requires
review by the National Security Council and notification to
the President of such review prior to initiation, and
activities whose exceptional importance or sensitivity
requires, in addition to National Security Council review,
the President's personal approval prior to initiation.
(2) Any standard or procedure issued pursuant to
paragraph {1), and any regulation promulgated to implement
any such. standard or procedure, shall be submitted to the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of
the Senate. No such standard, procedure, regulation, or any
amendment thereto, shall take effect until the expiration of
a period of 60 days from the date such standard, procedure,
regulation, or amendment was so submitted.
(c) Whenever the National Security Council ar the
President reviews any special activity or clandestine collection
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activity, a careful and systematic analysis of such activity
shall be available, including, but not limited to, the following:
(1) the proposed justification for such proposed
activity;
- (2) the nature, scope, probable duration, estimated
cost, anticipated risks, likely consequences of disclosure,
and actions necessary in the case of the termination of such
activity;
{3) the relationship between the proposed activity
and any previously approved related activity;
(4) overt or less sensitive alternatives and
indications that the objectives of such activity would be
unlikely to be achieved by such overt or less sensitive
means; and
(5} the legal implications of the proposed activity
under the Constitution and laws of the United States and
under treaties and other international agreements to which..
the United States is a party.
{d} Na special activity may be initiated unless the
activity has been approved by the President and the President has
made a written finding that, in the President's opinion--
(1) such activity is essential to the national
defense or the conduct of the foreign policy of the United
States;
(2) the likely benefits of such activity justify the
risk of its likely consequences and the likely consequences
of its disclosure to a foreign power; and
(3) overt activity would be unlikely to accomplish
substantially the intended objective.
{e) No clandestine collection activity requiring, under
standards established by the President pursuant to subsection
(b), the President's personal approval, may be initiated unless
such activity has been approved by the President and the
President has made a written finding that, in the President's
opinion--
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(1) the information to be obtained by such project
is vital to the national defense or the conduct of the
foreign policy of the United States;
(2) the importance of the information justifies the
risk of the likely consequences of discovery by or
disclosure to a foreign power of such activity; and
(3} overt or less sensitive clandestine collectian
activity would be unlikely to accomplish the objective of
such activity.
(f) The National Security Council shall review at least
annually each ongoing special activity and each ongoing
clandestine collection activity which, prior to initiation,
requires approval by the President or review by the National
Security Council and notification of the President to determine
whether the continuation of each such activity is in the national
interest. Any such activity whose initiation required the
President's personal approval may be continued after such annual
review by the National Security Council only if the President
reaffirms in a timely manner the findings required by subsection
(d) ar (e), as the case may be.
(g) The Director shall, prior to the initiation of any
special activity or any clandestine collection activity which,
prior to initiation, requires approval by the President or review
by the National Security Council and notification to the
President, notify the appropriate committees of the Congress of
the facts and circumstances of such activity, and of the
Presidential findings, if any, required by subsections (d) or
{e). In extraordinary circumstances, any such special activity
or clandestine collection activity may be initiated without such
prior notification if the President notifies the appropriate
committees of the Congress within 48 hours after the initiation
of such activity, certifies to such committees that prior
notification would have resulted in a delay which would have been
harmful to the United States, and discloses to such committees
the reasons why such delay would have been harmful. This
subsection shall not, however, be construed as requiring the
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approval of any committee of-the Congress prior to the initiation
of any such act~.vity.
(h} Any significant change in any special activity or in
any clandestine collection activity which, prior to initiation,
requires apgraval by the President or review by the National
Security Council and notification to the President shall require
review, approval, and reporting. to the Congress in the same
manner as the activity itself.
{i) Any important change in the circumstances .regarding
any special activity or any clandestine collection activity
which, prior to initiation, requires approval by the. President or
review by the National Security Council and notification of the
President shall be reported to the National Security Council and
to the appropriate committees of the Congress.
(j) No department or agency except the Central
Intelligence Agency and, during any period of war declared by the
Congress, the armed forces, may conduct any special activity.
(k} The National Security Council shall retain all
analyses required by subsection (c) and shall maintain a record
of all written findings made by the President pursuant to
subsections (d) and (e} ,
(1} The Director shall submit a written report
semiannually to the appropriate committees of the Congress on all
ongoing special activities and clandestine collection activities
which, prior to initiation, require approval by the President or
review by the National Security Council and notification of the ~
President being carried out by, for, or on behalf of, the United
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