TITLE I OF INTELLIGENCE CHARTER LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00101R000100030018-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 27
• Document Creation Date: December 12, 2016
• Document Release Date: August 12, 2002
• Sequence Number: 18
• Publication Date: December 5, 1977
• Content Type: MF

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5 DEC 1977
MEMORANDUM FOR: Director of Central Intelligence
FROM: John F. Blake
Acting Deputy Director of Central Intelligence
SUBJECT: Title I of Intelligence Charter Legislation
DD/A Registry
1. (U/IUO) Action Requested: It is requested that you approve
the attached draft Title I as a? fornal working paper reflecting the
position of the Director of Central Intelligence on this portion of the
charter legislation. It is also requested that you indicate your views
on those issue areas identified in paragraph 2 below, so that these= may
be reflected in the final draft. It is further requested that you raise
with the President at the earliest appropriate opportunity the status
of the charter drafting exercise, in order to obtain White House
guidance and, as noted in paragraph 4 below, to obtain approval for
establishment of a fornal Executive Branch intelligence charter
working group to be chaired by you.
2. (U/IUO) Background: The Office of Legislative Counsel has
chaired a working group that includes officers from the Office of
General Counsel, tasked with developing DCI positions on the intel-
ligence charter legislation in response to draft papers prepared by
the Senate Select Con nittee on Intelligence and by Deanne Siemer
at DOD. Our working group has prepared a draft Title I which you
reviewed and commented on recently. This draft has been reviewed
by all Morning Meeting participants, including the IC Staff. A.
meeting on this was held last Friday, 2 December, chaired in my
absence b nd attended by Morning Meeting attendees
or their designates. Pursuant to that meeting, the OLC/OGC wortd.ng
group has produced the attached draft Title I, incorporating the
following major substantative changes which you should note:
--The definition of "national intelligence" at page 4 has
been amended to include, in addition to all intelligence pro-
duced under the direction of the DCI by agencies funded in
the NFIP budget, all intelligence- -wherever produced- -
primarily responsive to national policy makers. You will
recall that the draft E.O. does not define "national intel-
ligence." It is defined in this draft for statutory precision.
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--Wherever appropriate, given the somewhat different
scope of this title of the charter and the unique require-
ments of statutory drafting, this draft Title I picks up the
language of the draft Executive Order. Thus, for example,
the definitions of "intelligence," "international terrorist
activity," and "National Foreign Intelligence Program"
correspond with the draft E.O. definitions. There are,
of course, some provisions in this draft Title I that are
not in the E .O . draft, such as establishing the positions
of the Deputy DCI and the functional Deputies. By the
sane token, ouch of the detail and organizational natter
in the draft E. 0 - is necessarily not included in this draft
statute. However, this draft Title I is not in conflict with
the E.O. as to those provisions that overlap. .
--There is no provision in section 103 (pages 5-7)
requiring designation of either the Deputy Director or one
of the four functional Deputy Directors as pri narily
responsible for running the CIA. All five of these
positions (DDCI and four functional Deputies) shall have
such duties and perform such tasks as the Director nay
from time to time assign or delegate. The titles for the
functional Deputies are not specified in section 103(a) at
page 5.
--The Office of the Director (section 104 at page 8) is
clearly and explicitly established as an independent entity under
the DCI to assist him in a number of his substantive authorities
(not including collection of intelligence or special. activities,
as these would be authorized to be carried out essentially
only by the CIA), and for support. It is made explicit that
the CIA will, at the Director's discretion, furnish support
to the Office of the Director. As provided in section 103(a)
at page 5, the Deputy Director and the four functional Deputies
will* be in the Office of the Director.
--The Director, like other entities of the IC, is given
the general authority to engage in intelligence activities (not
limited to national intelligence") and special activities ,
in section 105(a) at page 8. Subsequently, in the Director's
enumerated authorities and duties in section 106 (pages 9-11),
the Director is given the duty (this is viewed as more asser-
tive or directive than "authorized to") "to collect, produce,
analyze, coordinate and disseminate ... national intelligence."
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--Agencies within the IC "that are integral entities of
Federal departments" are authorized,'in section 105(b)
at page 8, to collect and to produce departmental intelligence.
--The Director's role as the "principal adviser to the
President and to the" NSC, in section 106(a) at page 9,
runs to "national intelligence." Similarly, in section
106(b) at page 9, the Director is responsible for coordin-
ating "national intelligence." Also, the Director's respon-
sibility, in section 106(i) at page 10, for reviewing and
evaluating intelligence activities to ensure their lawful-
ness and propriety is limited to "national intelligence."
Finally, the Director's role as spokes man to the public
is limited, in section 106(j) at page 10, to "national
intelligence. "
--Implementation of special activities (a responsibility
of the DCI in section 106(e) at page 10) is limited to the CIA
except in wartime or as determined by the President.
--There is no requirement, in section 108 at page 13,
that the President Bake any "finding" on sensitive collec-
tion operations as is the case with special activities, but
simply that the NSC review and make recommendations to
the President on such sensitive operations (which are
defined in section 102(1) at page 5 in terns of a Presidential
determination as to risk of harm to national security or
foreign relations if revealed).
--The IOB would be required, by section 109(a) at page 13,
to keep the DCI informed of reports to it as to national intel-
ligence activities that may be improper or unlawful. Also, the
Director would play a role in developing and implementing pro-
cedures to discover and report on intelligence activities that -nay
be improper or unlawful.
There remain two points of disagreement or uncertainty and
on which your position is requested:
--Should the functional Deputies be "locked in" to certain
specified areas of responsibility by identifying then. by titles?
The consensus of those reviewing this draft is that the statute
should not so designate, these Deputies which could, among
other things, confuse the relationships between the functional
Deputies, the CIA and the DCI.
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--Should the statute provide that the Deputy DCI or one
of the functional Deputies run the CIA? The consensus seems
to be that the Congress will insist on this and that it would be
appropriate to require that the Director designate one of the
five positions of DDCI and the four functional Deputies as
primarily responsible for the management of the CIA.
(Incident to this natter is concern that the lines of authority
between the functional Deputies and the Director not be inter-
preted to "go through" the DDCI.)
We received from Deanne Sie'ner late last Friday DOD's draft
of Title I and convents on the most recent SSCI version dated
18 November 1977 (which we received just last week). Ms. Siener
has provided these papers to David Aaron, State, Treasury, IOB,.
Justice and IC Staff. The SSCI is pressing for a response. This draft
of Title I, with your approval and any further changes you deem
appropriate, would serve this purpose. We are also reviewing the
Co to nittee's drafts of their Titles II (individual rights), III (NSA) and
IV (CIA). We are operating, however, without recent guidance from
the White House, with the most recent directive being the -nenorandu?n
from Dr. Brzezinski of 20 August 1977, which established the so-called
David Aaron NSC Subcommittee as the coordinator for Executive Branch
action on intelligence charter matters. George Cary has received
indications from San Hoskinson that there is sentiment for transferring
this responsibility to you, but we have no formal word on this.
3. (U/IUO) Staff Position: OLC and OGC concur in this memo-
randum. All other Morning Meeting participants present at last
Friday's meeting are aware of the latest changes that have been made
in this draft of Title I as well as the issue areas identified in para-
graph 2 above. All agree that we should seek White House guidance
and the establishment of an effective Executive Branch working group
to respond to the SSCI's activities, as soon as possible. OLC and
OGC believe this working group should be under your direction.
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4. (U/IUO) Recommendation: It is recommended that you review
this draft Title I and provide guidance on the specific issue areas
identified in paragraph 2 above, so that we can go forward to the
White House with this draft as representing the recommendations of
the DCI on Title I of the intelligence charter legislation. In this
context, it is also recommended that you seek guidance from the
President on the procedure whereby we should provide our views and
responses to the SSCI on these natters. Specifically, it is recommended
that you request the creation of an intelligence charter working group,
under the NSC but directed by you and with Ad-ninistration-wide
representation, before events generated by the SSCI overtake us.
7s/john F. Blake
John F. Blake
Director of Central Intelligence
DATE:
Director of Central Intelligence
Distribution:
Orig - Addressee, w/att
1 - A/DDCI, w/att
1 - ER, w/att
1 - IC Staff, w/att
1 - NFAC, w/att
1 DDO, w/att
/- DDA, w/att
1 - DDSET, w/att
1 - OGC, w/att
1 - Compt, w/att
1 - IG, w/att
1 - Assistant for Public Affairs, w/att
1 - OLC, w/att
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Monday - S December 1977
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PRECIS- -NATIONAL INTELLIGENCE ACT OF 1978
TITLE I (Intelligence Activities) will include the basic
authorities according to which the IC is established and under
which the DCI, the CIA and the other agencies within the Community
conduct intelligence activities. The title will not address counter-
intelligence nor will it contain restrictions on intelligence activities.
The title, in addition, will establish the positions of DCI and DDCI,
and the Office of the Director, within which will be four "functional
Deputy Directors." The DCI will be granted specific authorities, among
other things, to gather, collect, produce and disseminate foreign
intelligence; to approve the consolidated budget for the IC; to levy
collection tasks; to head the CIA; to protect sources and methods;
and to ensure implementation of special activities. The title also will
provide for requirements relating to appropriations for intelligence
activities, reprogramming and unvouchered funds authority. Finally,
there will be provisions for congressional oversight, the lOB and
reporting on violations.
TITLE II (Counterintelligence) will define counterintelligence
and will set forth the authorities, duties and areas of responsibilities
for counterintelligence activities. Insofar as there will be restrictions
exclusively applicable to counterintelligence activities, such restrictions
will be included in this title.
TITLE III (CIA) will provide for the establishment of the Agency
and will grant to it authority, under the direction of the DCI, to collect,
analyze, produce and disseminate intelligence; to perform services of
common concern; to carry out special activities; to carry out or contract
for research, development and procurement of systems relating to the
aforementioned functions; to protect facilities, personnel, etc. (including
firearms authority); to conduct necessary support activities (including
cover and proprietary authority); and to conduct liaison activities. There
will be provisions for administrative authorities (e.g. , leasing and
purchasing); travel and other allowances; death gratuity; and provisions
to protect the names, organization, etc. of the Agency and its employees.
Only such restrictions as are applicable only to the CIA would be included
in this title.
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TITLE IV (NSA) would set forth the statutory authority
for, and limitations on the National Security Agency as well as
the controlling provisions for communications activities by
Government entities and for the protection thereof. The title will
make clear the role of the DCI as to these activities.
TITLE V (FBI)
TITLE VI (National Reconnaissance Activities), will set forth
authorities, duties and responsibilities for reconnaissance activities
much as Title IV for communications activities and security..
TITLE VII (Restrictions on Intelligence Activities and Individual
Rights), will include whatever restrictions as apply to the IC generally
or to intelligence activities generally, both foreign intelligence and
foreign counterintelligence, such as restrictions on activities vis-a-vis
U.S. persons, on retention of certain information, and electronic
surveillance.
TITLE VIII (Conforming amendments) will operate to effect
the necessary changes to existing statutes (the CIA Act, the National
Security Act, etc.); both in terms of what current law will remain
(e.g., the Director's alien-admission authorities, and, depending
on the funding provisions as are included in Title I for the DCI, certain
provisions in section 5 of the present CIA Act), and what will be repealed
through enactment of the other titles of this Act. Also, this title would
pick up repeal of the Hughes-Ryan amendment (in light of the congressional
oversight provisions in Title I); and the title would provide statutory
provisions for the protection of intelligence sources and methods if
the decision is made to enact such law.
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TITLE I
TITLE II
TITLE III
TITLE IV
TITLE V
TITLE VI
TITLE VII
TITLE VIII
NATIONAL INTELLIGENCE ACT OF 1978
Intelligence Activities
Counterintelligence Activities.
Central Intelligence Agency
National Security Agency
Federal Bureau of Investigations
National Reconnaissance Activities
Restrictions on Intelligence Activities
Conforming Amendments
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TITLE I -- Intelligence Activities
Sec. 101. Statement of Purposes
Sec. 102. Definitions
Sec. 103. Director, Deputy Director of Central Intelligence
and Functional Deputy Directors
Sec. 104. Office of the Director of Central Intelligence
Sec. 105. General Authorities and Responsibilities
Sec. 106. Authorities and Duties of the Director of Central
Intelligence
Sec. 107. Requirements Relating to Appropriations for
Intelligence Activities
Sec. 108. Special Activities and Sensitive Collection Operations
Sec. 109. Reporting on Violations; Intelligence Oversight Board
Sec. 1-10. Reporting to the Congress
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TITLE I -- INTELLIGENCE ACTIVITIES
STATEMENT OF PURPOSES
Sec. 101. It is the purpose of this title --
(a) to grant authority and assign responsibility for
intelligence activities to ensure that the Government shall
have the intelligence information and analysis necessary
to make informed decisions regarding the national security
of the United States;
(b) to ensure that intelligence activities of the United
States are properly and effectively directed, regulated,
coordinated, and administered;
(c) to authorize and provide effective oversight for special
activities in support of national foreign policy objectives, and
to ensure that such activities are properly approved and
effectively directed;
(d) to provide for the effective oversight of intelligence
activities of the United States, and to ensure that such activities
are conducted in accordance with the Constitution and laws
of the United States; and
(e) to provide for the appointment of a Director, a Deputy
Director of Central Intelligence and functional Deputy
Directors, and to establish the authorities and duties of
the Director.
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Sec. 102. As used in this title --
(a) The term "intelligence" includes:
(1) "Foreign intelligence" which means information
relating to the capabilities, intentions and activities of foreign
powers, organizations or persons, or relating to international
terrorist activities, but not including foreign counterintelligence;
and
(2) "Foreign counterintelligence," which means
information gathered and activities conducted to protect
against espionage and other clandestine intelligence activities,
sabotage, international terrorist activities or assassinations
conducted for or on behalf of foreign powers, organizations
or persons, and activities conducted abroad to protect
national security information and its means of collection from
detection by or disclosure to foreign powers, organizations
or persons, but not including personnel, physical, docu-
ment or communications security programs.
(b) The term "intelligence activity" means any activity
undertaken by an agency within the Intelligence Community
relating to the collection, processing, analysis, production,
coordination or dissemination of intelligence, and any
activity in support thereof.
(c) The term "Intelligence Community" means:
(1) The Central Intelligence Agency;
(2) The National Security Agency;
(3) The Defense Intelligence Agency;
(4) Offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) Intelligence elements of the military services;
(6) The Bureau of Intelligence and Research of the
Department of State;
(7) Intelligence elements of the Federal Bureau
of Investigation;
(8) Intelligence elements of the Department of
the Treasury;
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Energy;
(9) Intelligence elements of the Department of
(10) Intelligence elements of the Drug Enforcement
Administration;
(11) The Office of the Director of Central Intelligence;
(12) Such other entities as may be engaged in intel-
ligence activities and as designated by the President in
Executive Order.
(d) The term "international terrorist activity" means
any activity which:
(1) involves:
(i) killing, causing serious bodily harm to,
or kidnapping one or more individuals, or
(ii) violent destruction of property, or
(iii) an attempt or credible threat to commit
acts specified in subparagraphs (i) or (ii) above; and
(2) appears intended to endanger a protectee of the
Secret Service or the Department of State or to further
political, social or economic goals by:
(i) intimidating or coercing a civilian popu-
lation or any segment thereof,
(ii) influencing the policy of a government
or international organization by intimidation or
coercion, or
(iii) obtaining widespread publicity for a
group or its cause; and
(3) transcends national boundaries in terms of-
(i) the means by which it is accomplished,
(ii) the civilian population, government, or
international organization. it appears intended to
coerce or intimidate, or
(iii) the locale in which its perpetrators
operate or seek asylum.
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(e) The term "intelligence sources and methods" means
information concerning (1) methods of collecting foreign
intelligence or foreign counterintelligence; (2) sources
of foreign intelligence or foreign counterintelligence,
whether human, technical or other; or (3) methods and
techniques of analysis and evaluation of foreign intelligence
or foreign counterintelligence; regardless of its origin,
that is classified or designated pursuant to the provisions
of a statute or Executive Order, or a regulation or a
rule issued pursuant thereto, as information requiring
a specific degree of protection against unauthorized
disclosure for reasons of national security or in the
interests of the security of the intelligence activities of
the United States.
(f) The term "national intelligence" means intel-
ligence intended primarily to be responsive to the needs
of the President, the National Security Council and other
Executive Branch officials engaged in the formulation
and execution of national security and foreign relations
policies of the United States, including but not limited
to intelligence collected or produced under the direction
of the Director of Central Intelligence by agencies funded
in the National Foreign Intelligence Program budget..
(g) "National Foreign Intelligence Program" (herein-
after in this title referred to as "NFIP") means:
(1) The programs of the CIA;
(2) The Consolidated Cryptologic Programs, and
the programs of the offices within the Department of Defense
for the collection of specialized national intelligence through
reconnaissance except such elements as the Director and
the Secretary of Defense agree should be excluded;
(3) The elements of the General Defense Intelligence
Program and other programs of agencies within the Intelligence
Community designated by the Director and the head of the
department as national intelligence activities; and
(4) Activities of the Office of the Director of Central
Intelligence;
but not including activities to acquire the intelligence required
for the planning and conduct of tactical operations by the
United States military forces.
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(h) The tern "national security information" means official
information or material designated pursuant to statute or
Executive Order as requiring protection against unauthorized
disclosure in the interest of the national security or foreign
relations of the United States.
(i) The tern "sensitive intelligence collection operation"
means any intelligence collection activity or activity in
support thereof which the President determines carries a
significant risk of causing serious harn to the national security
or foreign relations of the United States if revealed.
(j) The tern "special activity in' support of national
foreign policy objectives" means any activity conducted
outside the United States which is designed to further official
United States programs and policies abroad and which is
planned and executed so that the role of the United States
Government is not apparent or acknowledged publicly, and
functions in support of such activity, but not including
intelligence activities.
DIRECTOR, DEPUTY DIRECTOR OF CENTRAL
INTELLIGENCE AND FUNCTIONAL DEPUTY DIRECTORS
Sec. 103. (a) There shall be a Director of Central
Intelligence (hereinafter in this title referred to as
"Director") and, within the Office of the Director, a
a Deputy Director of Central Intelligence and four functional
Deputy Directors (hereinafter in this title referred to
as "functional Deputy Directors"), all of whom shall be
appointed by the President, by and with the advice and
consent of the Senate; Provided, that no person may serve
as Director or Deputy Director of Central Intelligence for
a period of more than six years unless such person is
reappointed by the President, by and with the consent of the
Senate; and Provided further, that no person who has served
as Director or as Deputy Director of Central Intelligence
nay be appointed to such position for more than one additional
six-year term.
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(b) The Deputy Director of Central Intelligence and
the functional Deputy Directors shall assist the Director
in furtherance of his authorities and duties under this
Act, by performing such functions as the Director may
from time to time assign or delegate. The Deputy Director
of Central Intelligence shall act for, and exercise the
powers of the Director in his absence or disability or
in the event of a vacancy in the position of the Director.
The Director shall designate the order in which the
functional Deputy Directors shall act for and perform
the functions of the Director or the Deputy Director of
Central Intelligence during the absence or disability of
either the Director or Deputy Director of Central Intelligence
or in the event of vacancies in both of these offices.
(c) The positions of Director and Deputy Director of
Central Intelligence shall not be occupied simultaneously
by commissioned officers of the armed services, whether
in an active or retired status; Provided, that at no time
shall more than three of the positions of Director, Deputy
Director of Central Intelligence or functional Deputy
Directors be occupied by commissioned officers of
the armed services, whether in an active or retired status.
(d)(1) Any commissioned officer of the armed forces
appointed as Director, Deputy Director of Central Intelligence
or a functional Deputy Director shall, in the performance of the
duties of such position:
(i) be subject to no supervision, control,
restriction or prohibition (military or otherwise)
other than would be applicable if the officer were
a civilian in no way connected with the Department
of Defense, a military department, or the armed
forces of the United States or any component thereof;
and
(ii) possess or exercise no supervision, control,
powers or functions (other than as Director, Deputy
Director of Central Intelligence or a functional Deputy
Director) with respect to the Department of Defense,
a military department, 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.
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(2) Except as provided in paragraph (1) of this sub-
section, the appointment to the office of Director, Deputy
Director of Central Intelligence or a functional Deputy Director
of such officer and his acceptance of and 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 officer, while serving
in the office of Director, Deputy Director of Central Intelligence
or a functional Deputy Director, shall be compensated from funds
appropriated to the Director, at the rate established for such
position.
(3) The rank or grade of any such officer, during
any period such officer occupies the office of Director,
Deputy Director of Central Intelligence or a functional Deputy
Director, shall be in addition to the numbers and percentages
authorized and appropriated 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 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 5312 of Title 5, United
States Code, for positions at level I of the Executive Schedule.
(5) The Deputy Director of Central Intelligence 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 Deputy Director of Central Intelligence,
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.
(6) A functional Deputy Director shall be entitled to
the same compensation prescribed by section 5314 of Title 5,
United States Code, for positions at level III of the Executive
Schedule. If a commissioned officer of the armed forces
is serving as a functional Deputy Director, he shall be entitled
to the difference, if any, between his regular military com-
pensation (as defined in section 101(25) of Title 37, United
States Code) and the compensation prescribed by section
5314 of Title 5, United States Code, for positions at level
III of the Executive Schedule .
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OFFICE OF THE DIRECTOR
OF CENTRAL INTELLIGENCE
Sec. 104. (a) There is established under the Director
an independent establishment to be known as the Office
of the Director of Central Intelligence (hereinafter in this
title referred to as the "Office of the Director") to assist
the Director in performance of his authorities and duties
under this Act to produce, analyze, coordinate and dis-
seminate national intelligence, and for such other support
as the Director deems appropriate.
(b) The Director is authorized to employ such persons
as necessary for the Office of the Director to fulfill the duties
assigned it.
(c) Support activities necessary for the effective
operation of the Office of the Director may be provided
by the Central Intelligence Agency, as the Director deems
appropriate.
GENERAL AUTHORITIES AND RESPONSIBILITIES
Sec. 105. (a) Subject to the provisions of this Act,
and as provided by this Act, the Director and the agencies
within the Intelligence Community are authorized to engage
in intelligence activities and special activities in support
of national foreign policy objectives, under the direction
of the National Security Council.
(b) The agencies within the Intelligence Community
shall support the Director in carrying out his authorities
and duties under this title; Provided, that agencies within
the Intelligence Community that are integral entities of
Federal departments also are authorized to collect and
produce departmental intelligence.
(c) Appropriate senior officials of agencies within the
Intelligence Con nunity, in discharging their responsibilities,
shall ensure that all activities for which they are responsible
are carried out in accordance with the Constitution and
laws of the United States.
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AUTHORITIES AND DUTIES OF THE
DIRECTOR OF CENTRAL INTELLIGENCE
Sec. 106. (a) The Director of Central Intelligence, under
the direction of the National Security Council, shall be the
principal intelligence officer of the United States, shall
be the principal adviser to the President and to the National
Security Council on national intelligence, and shall be
the principal spokesman to the Congress for the Intelligence
Community.
(b) In carrying out his duties under this Act the Director,
under the direction of the National Security Council, shall
be responsible for the coordination of national intelligence
activities of the Government.
(c) The Director shall head the Office of the Director
and the Central Intelligence Agency according to the
provisions of this Act.
(d) It shall be the duty of the Director to collect,
produce, analyze, coordinate and disseminate, within the
Government, national intelligence; Provided, that in carrying
out these duties, the Director shall:
(1) have authority to levy analytical tasks on
agencies within the Intelligence Community;
(2) have authority to levy collection tasks on
agencies within the Intelligence Community to fulfill
requirements and priorities established by the National
Security Council;
(3) develop, consistent with the requirements and
priorities established by the National Security Council,
policies, objectives and other guidance for the Intelligence
Community in anticipation of future national intelligence needs;
(4) promote and direct the development and maintenance
of services of common concern to the Intelligence Community; and
(5) formulate policies with respect to intelligence
arrangements with foreign governments, and coordinate
intelligence relationships between the various agencies within
the Intelligence Community and foreign intelligence or internal
security services of foreign governments;
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(6) establish, as appropriate and notwithstanding
the provisions of any other law, committees or other
advisory groups to assist in the execution of the foregoing
responsibilities.
(e) The Director shall, under the provisions of this Act,
ensure implementation of special activities in support of
national foreign policy objectives and sensitive intelligence
collection operations; Provided, that only the Central
Intelligence Agency may conduct such special activities,
except for the military services in wartime and except
where the President determines the objective of such special
activity is more likely to be achieved by another agency
within the Intelligence Community.
(f) Notwithstanding the provisions of any other law, the
Director may, in his discretion, terminate the employment
of any officer or employee of the Central Intelligence Agency
or of the Office of the Director, whenever he shall deem such
termination necessary or advisable in the interests of the
United States, but such termination shall not affect the right
of any such officer or employee to seek or accept employment
elsewhere in the Government if declared eligible for such
employment by the United States Civil Service Commission.
(g) The Director shall have full and exclusive authority
for approval of the NFIP budget submitted to the President
through the Office of Management and Budget and, after
approval by the President, the Director shall present the
budget to the Congress.
(h) The Director shall be responsible for protecting
intelligence sources and methods against unauthorized disclosure,
and shall ensure the development and coordination of programs
which properly protect intelligence sources and methods.
(i) The Director shall, on a continuing basis, review
and evaluate all ongoing and proposed national intelligence
activities and special activities in support of national
foreign policy objectives in order to ensure that such
activities are carried out in accordance with the Constitution
and laws of the United States and with Presidential directives.
(j) The Director shall act as the principal spokesman
for the Intelligence Community to the public on matters
concerning national intelligence.
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(k) The Director shall participate with the Attorney
General and the legal officers of the agencies within
the Intelligence Community in the development of pro-
cedures required by this Act and by Executive Order
to be approved by the Attorney General governing the
conduct of intelligence activities.
(1) To assist the Director in the fulfillment of responsibilities
assigned in this section, the heads of all Executive Branch
departments and agencies, in accordance with law and relevant
Attorney General procedures and Executive Orders, shall
give the Director access to all information relevant to the
intelligence needs of the United States.
REQUIREMENTS RELATING TO APPROPRIATIONS
FOR INTELLIGENCE ACTIVITIES
Sec. 107. (a) No funds may be appropriated for any fiscal
year beginning after September 30, 1978, for the purpose of
carrying out any intelligence activity unless such funds
have been previously authorized for such activity by
legislation enacted during the same fiscal year or the two
fiscal years immediately preceding that for which they are
appropriated, except that the foregoing limitation shall not
apply to funds appropriated by any continuing resolution.
(b) The Director is authorized to:
(1) Transfer to and receive from other Government
agencies such sums as may be approved by the Office of
Management and Budget, for the performance of any of
the authorities or duties authorized under this title, and
any other Government agency is authorized to transfer to
or receive from the Director such suns without regard
to any provisions of law limiting or prohibiting transfers
between appropriations. Sums transferred to the Director
in accordance with this paragraph may be expended for the
purposes and under the authority of this title without regard
to limitations of appropriations from which transferred;
(2) Exchange funds without regard to section 543
of Title 31; and
(3) Reimburse other Government agencies for
services or personnel assigned to the Office of the Director
or to the Central Intelligence Agency, and such other
Government agencies are authorized, without regard to
provisions of law to the contrary, so to assign or detail
any officer or employee for such duty.
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(c) The Director shall establish guidelines under which
proposed reprogramming of funds in the NFIP budget shall
require his prior approval; Provided, that the heads of
each agency within of the Intelligence Community shall
advise the Director of any proposed reprogramming falling
within the guidelines; and Provided further, that the Director
shall review each such proposal and his approval shall be
required for any such reprogramming.
(d) The Director is authorized to maintain a fund to
be known as the Reserve for Contingencies (hereinafter
in this section referred to as the "Reserve") and to credit
to the Reserve only such newly appropriated monies as are
specifically appropriated to the Director for the Reserve.
The Director is authorized to expend funds from the
Reserve in any fiscal year for the payment of emergency
and extraordinary expenses incurred in connection
with any intelligence activity or special activity
in support of national foreign policy objectives only if:
(1) the withdrawal of funds from the Reserve
has been previously approved by the Office of Management
and Budget; and
(2) the Appropriations Committees and the Select
Committees on Intelligence of the House and the Senate
are kept fully and currently informed of all withdrawals;
Provided, that the foregoing shall not be construed as
requiring the approval of any committee of the Congress
prior to the implementation of any such activity.
(e) Any monies in the Reserve so approved for expenditure
under the provisions of paragraph (d) of this section but not
actually expended for the specific purpose for which approved
shall remain in or revert to the Reserve.
(f) Any activity funded from the Reserve 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.
(g) The Director may expend funds appropriated to him
for objects of a confidential, extraordinary or emergency
nature, and such expenditures 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.
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SPECIAL ACTIVITIES AND SENSITIVE
COLLECTION ACTIVITIES
Sec. 108. (a) The National Security Council, in con-
junction with the Director of Central Intelligence, shall
review and make written recommendations to the President
concerning each special activity in support of national
foreign policy objectives (hereinafter in this section referred
to as "special activity") and each sensitive intelligence col-
lection operation (hereinafter in this section referred
to as "sensitive collection operation") or significant pro-
posed change thereto.
(b) No funds nay be expended for any special activity,
or significant change thereto, unless and until the President
has made a written finding that such activity or change
is important to the national security of the United States
and is consistent with the foreign policy goals of the United
States.
REPORTING ON VIOLATIONS; INTELLIGENCE
OVERSIGHT BOARD
See. 109. (a) The heads of departments and agencies within
the Intelligence Community and their Inspectors General and
General Counsels shall be responsible for reporting in a timely
manner to the Attorney General and to the Intelligence Oversight
Board established by this section, concerning any intelligence
activity brought to their attention which may be improper or
which nay constitute a violation of the Constitution or any law
of the United States, or of any Presidential directive; Provided,
that the Intelligence Oversight Board shall keep the Director
informed of such reporting on natters relating to national
intelligence; and Provided further, that the Attorney General
and the Intelligence Oversight Board shall advise the President
of any such activity which, in their view, constitutes a violation
of the Constitution or any law of the United States; and Provided,
further, that the Attorney General, with due regard to his
investigative and prosecutorial responsibilities, shall report
periodically to the Select Co n mittees on Intelligence of the
House and the Senate concerning activities which have been
reported to the President under this section.
(b) The heads of departments and agencies within the
Intelligence Community shall formulate and implement, in
consultation with the Director, the Attorney General and
the Intelligence Oversight Board, procedures to discover
and report on intelligence activities that may be improper
or which may constitute violations of the Constitution or
laws of the United States, or of any Presidential directive.
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(c) Senior officials of agencies within the Intelligence
Community shall report to the Attorney General evidence
of possible violations of Federal criminal law by an
employee of the agency, as well as evidence concerning
such violations by any other person as to those Federal
criminal laws specified in guidelines promulgated by the
Attorney General.
(d) There shall be, under the direction of the President,
an Intelligence Oversight Board (hereinafter in this Section
referred to as the "Board"), consisting of three members
appointed by the President from outside the Government;
Provided, that no member of the Board shall have any
financial or contractual relationships with any agency within
the Intelligence Community; and Provided further, that one
member shall be designated by the President as chairman.
(e) The Board shall receive and consider all reports by
the Attorney General, the heads of any agency within the
Intelligence Community, and the Inspectors General or
General Counsels of any agency within the Intelligence
Community submitted pursuant to paragraph (a) of this
section.
(f) Nothing in this section shall prohibit any employee
of any agency within the Intelligence Community from
reporting any matter described in paragraph (a) of this
section directly to the Attorney General or to the Intelligence
Oversight Board.
(g) The Board is authorized to employ such personnel
as may be necessary to carry out its function under this
section; Provided, that no such person shall have any
financial or contractual relationship with any agency
within the Intelligence Community.
(h) The Board shall, upon the request of any member,
be granted access to all information relevant to any
activity covered by this section in order to carry out
its duties under this Act.
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REPORTING TO THE CONGRESS
Sec. 110. Consistent with all applicable authorities
and duties, including those conferred by the Constitution
upon the Executive and Legislative Branches, and with
due consideration for the duties under law to protect
intelligence sources and methods, the Director and heads
of agencies within the Intelligence Community shall:
f-A
.. , (a) Keep the Select Committees on Intelligence
o the House and the Senate fully and currently informed
with respect to intelligence activities, including any signi.-
-ficant anticipated activities which are the responsibility
of, or engaged in, by such agency; Provided, that the
Director shall report to the Select Committees on
Intelligence of the House and the Senate in a timely manner
the special activities, and significant changes thereto,
approved by the President; Provided further, that this
does not constitute a condition precedent to the imple-
mentation of any such intelligence activity;
(b) Provide any information or document in the
possession, custody or control of the agency or person
paid by such department or agency, within the jurisdic-
tion of the Select Committees on Intelligence of the House
or the Senate, upon the request of such Committee; and
(c) Report in a timely fashion to the Select
Committees on Intelligence of the House and the Senate
information relating to intelligence activities that are
illegal or improper and corrective actions that are taken
or planned.
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