ROUTING AND RECORD SHEET TO DDA FROM LEGISLATIVE COUNSEL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00101R000100030019-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 19
• Document Creation Date: December 12, 2016
• Document Release Date: August 12, 2002
• Sequence Number: 19
• Publication Date: November 22, 1977
• Content Type: FORM

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-22 November 1977
S~C~fT
COMMENTS (Number ?ach cammant 1n xhow from whom.
to whom. brow o line aposs catumrt aNer each comment}
Mvrnin~ Meeting Participants:
...,. , . .
~~' Attached far your information
:~~and review is a copy of the draft
;Title I of the charter. legislation
,~~;as we discussed at the Morning
'`Meeting yesterday. T'he Director
''has reviewed this draft.. This
title and other titles of ~th.e
~Gharter legislation are Wider
:-.active consideration by the
'~~~charter legislation warkin~; gra~.!p..
"` jute will be keeping you informe~I.
'as things develo~~ on this fraT~t. ,
[~ l~N~~~SSl~#~~
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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
Foreign Intelligence Activities
Counterintelligence Activities
Central Intelligence Agency
National Security Agency
Federal Bureau of Investigations
National Reconnaissance Activities
Restrictions on Intelligence Activities
Canfor. ming Amendments=~
' ~;~77
mE. g. , Repeal of ?102 of the National Security Act of 1947, as amended;
sources and methods legislation (Title 18 U. S. C. ); repeal of ?662 of the
Foreign Assistance Act of 1961, as amended; amendments to House and
Senate rules; necessary amendments to the Central Intelligence Agency
Act of 1949, as amended; and retention i.n Title I of this Act, of the alien-
admission authority in section 7 of the CIA. Act.
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'I'ITLEI -- Foreign Intelligence Activities
Sec. 101. Statement of Purposes
Sec. I02. Definitions
Sec. 103. Director, Deputy Director and Assistant Directors
of Central Ln.telligence
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 Foreign
Intelligence Activities
Sec. IOB. Special Activities and Sensitive Collection Operations
Sec. I09. Reporting on Violations; Intelligence Oversight Board
Sec. 110. Reporting to the Congress
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TITLE I -- FOREIGN INTELLIGENCE ACTIVITIES
STATEMENT OF PURPOSES
See. 101, It is the purpose of this Title ---
(a) to grant authority and assign responsibility for
foreign 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 foreign intelligence activities of the United
States are properly and effectively directed, regulated, caardinated,
and administered;
(c) to authorize and provide effective oversight for speeia.l
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 foreign intelligence
activities of the United States, and to ensure that such activities
are conducted i.n accordance with the Constitution and laws
of the United States; and
(e) to provide for the appointment of a Director, a Deputy
Director and Assistant Directors of Central Intelligence,
and f;o establish the authorities and duties of the Director.
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DEFINITION S
Sec. 102. As used in this Title ---
(a) The term "foreign intelligence" means: information
relating to the capabilities, intentions and activities of fareign
powers, organizations ar persons, and includes foreign
counterintelligence.
(b) The term "foreign caunterintelligence1? 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 fareign 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 does not include personnel, physical, docu-
went or communications security programs.
(c) The term "foreign intelligence activity" means any
activity undertaken by an agency within the Intelligence
Community relating to the collection, processing, analysis,
production, coordination or dissemination of fareign intel-
ligence, and any activity in support thereof.
(d} 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) Foreign intelligence elements of the military
services;
(6) The Bureau of Intelligence and Research of the
Department of State;
(7) Foreign intelligence elements of the r"ederal
Bureau of Investigation;
(8) Foreign intelligence elements of the Department
of the Treasury;
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Energy;
(9) Foreign intelligence elements of the Department of
(10) Foreign 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 foreign
intelligence activities and as designated by the President in
Executive Order.
(e) The term "internationa]. 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 cainxr~.it
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 far a
group or its cause; and
(3) transcends national boundaries irx terms of:
(i) the means by which it is accomplished,
(ii) the civilian populatian, 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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(f) The term "'intelligence sources and methods" means
any information, regardless of its origin, that is classified
pursuant to the provisions of a statute or Executive Order,
or a regulation or a rule issued pursuant thereto as informa~
tian requiring a specific degree of protection against unauthorized
disclosure for reasons of national security and which, in the
interest of the foreign intelligence activities of the United
States, has been specifically designated by a department or
agency of the United States Government which is authorized
by law or by the President to engage in foreign intelligence
activities for the United States as information concerning:
(1) methods of collecting foreign intelligerce;
(2) sources of foreign intelligence, whether human,
technical, or other; or
(3} methods and techniques of analysis and
evaluation of foreign intelligence.
(g} The term "national foreign intelligence" means
foreign intelligence collected under the authority of the
Director of Central Intelligence by agencies within the
Intelligence Community.
(h) The term "'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 term "sensitive intelligence collection operation""
means any foreign intelligence collection activity or activity
in support thereof which the President determines carries a
significant risk of caus9ng serious harm to the national security
ar foreign relations of the United States if revealed.
(j) The term '"special activity in support of national
foreign policy objectives" means any activity canduc-ted
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 foreign
intelligence activities.
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DIRECTOR, DEPUTY DIRECTOR AND ASSISTANT
DIRECTORS OF CENTRAL INTEr~LIGENCE
Sec. I03. (a) There shall be a Director of Central
Intelligence (hereinafter in this Title referred to as
"Director"), a Deputy Director of Central Intelligence
(hereinafter in this Title referred to as "Deputy Director")
and, within the Office of the Director, not to exceed six
Assistant Directors of Central Intelligence (hereinafter
in this Title referred to as "Assistant 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
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 by such
appointment may be appointed to such pasition for more
than one additional six-year term.
(b) The Deputy Director and Assistant Directors shall
assist the Director in furtherarxce of his authorities anal
duties under this Act, by performing such functions as
the Director may from time to tune assign or delegate.
The Deputy Director shall act for, and exercise the powers
of the Director in his absence or disability or in the event
of a vacancy in the pasition of the Director. The Director
shall designate the order in which the Assistant Directors
shall act for and perform the functions of the Director
and Deputy Directors during the absence or disability
of both the Director and Deputy Director or in the event
of vacancies in both of these offices.
(c) The positions of Director and Deputy Director 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 or Assistant
Directors be occupied by commissioned officers of the
armed services, whether i.n an active or retired status.
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(d)(1) Any commissioned officer of the armed forces
appointed as Director, Deputy Director or an Assistant
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 corxnected with the Department
of Defense, a military department, or the armed
forces of the United States or any companent thereof;
and
(ii) possess or exercise no supervision, control,
powers or functions (other than as Directar,
Deputy Directar or an Assistant Directar) with
respect to the Department of Defense, a military
department, or the armed forces of the United
States or any companent thereof, or with respect
to any of the personnel (military ar civilian) of
any of the foregoing.
(2) Except as provided in paragraph (1) of this sub-
section, the appointment to the office of Director, Deputy
Director or an Assistant Director of such officer and his
acceptance of and service in. such an office, shall in na
way affect any status, office, rank or grade he may occupy
or hold in the armed forces, ar 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 Directar, Deputy Director
or an Assistant Directar, 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 or an Assistant Directar, shall be in addi--
Lion to the numbers and percentages authorized and appro-
priated 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 Cade}
and the compensation prescribed by Sec~tian 5312 of Title 5,
United States Code, for positions at level I of the Executive
Schedule.
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(5) The Deputy Director shall be entitled to the same
compensation prescribed by Section 5313 of Title 5, United
States Code, for positions at level II of the Executive
Schedule. If a commissioned officer of the armed forces
is serving as Deputy Director, he shall be entitled to the
difference, if any, between his regular military compensation
(as defined in Section 101(25) of Title 37, United States Code)
and the compensation prescribed by Section 5313 of Title 5,
United States Code, for positions at level II of the Executive
Schedule.
(6) An Assistant 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. Lf a commissioned officer of the armed forces
is serving as an Assistant 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.
OFFICE OF THE DIRECTOR
OF CENTRAL INTELLIGENCE
Sec. 104. (a) There is established under the Director
an 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.
(b) The Director is authorized to employ such persons
as necessary for the Office of the Director to fulfill the duties
assigned it.
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GENERAL AUTHORITIES AND RESPONSIDI.LITIES
Sec. 105. (a) Subject to the provisions of this Act,
and only as provided by this Act, the agencies within the
Intelligence Community are authorized to engage in foreign
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 produce
departmental intelligence.
(c) Appropriate senior officials of agencies within the
Intelligence Community, in discharging their responsibilities,
shall ensure that all activities far which they are responsible
are carried out in accordance with the Constitution and
laws of the United States.
AUTHORITIES AND DUTIES OF THE
DIRECTUR 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 foreign intelligence matters, and shall
be the principal spokesman to the Congress for the Intelligence
Community and on national foreign intelligence matters.
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(b) In carrying out his duties under this Act the Director
shall, under the direction of the National Security Council,
have primary authority within the Government for fareign
intelligence, and shall be responsible far the coordination
of foreign intelligence activities of the Government.
{c) The Director shall head the C3ffice 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, foreign intelligence; Provided, that in carrying
out these duties, the Director shall:
(1) have authority to levy analytical tasks on
agencies within the Intelligence Community, and in sa
doing, the Director shall ensure that national fareign
intelligence products are timely and relevant;
(2) have authority to Levy collection tasks an
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 foreign intelligence
needs;
(4) promote and direct the development and maintenance
of services of common concern to the Tntelligerrce 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 ar internal
security services of foreign governments;
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(6) establish, as appropriate and notwithstanding
the provisions of any other law, committees ar 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.
(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 consolidated budget for the Intelligence
Community 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 pratect9ng
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 intelligence activities a.nd
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.
(j) The Director shall act as the principal spokesman
for the Intelligence Carnmunity to the public on matters
concerning foreign intelligence activities.
(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 to be approved by the Attorney General
governing the conduct of foreign intelligence activities.
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(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 Iaw and relevant
Attorney General procedures and Executive Orders, shall
give the Director access to all information relevant to the
national foreign intelligence needs of the United States.
REQUIREMENTS RELATING TO AFPROPRLA.TIONS
FOR FOREIGN IN'T'ELLIGENCE ACTIVITIES
Sec. 107. (a) No funds may be appropriated for any fiscal
year beginning after September 30, 197$, for the purpose of
carrying out any foreign intelligence activity unless such
funds have been previously authorized for such activity by
legislation enacted during the same fiscal year ar 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 sums without regard
to any provisions of law limiting or prohibiting transfers
between appropriations. Sums transferred ~ta 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 ~~vithout 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 consolidated budget
for the Intelligence Community 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 withita. 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 referrred to as the "Reserve") and to credit
to the Reserve only such newly appropriated monies as are
.specifically appropriated to the Director far the Reserve.
The Director is authorized to expend funds from the
Reserve in any fiscal year far the payment of emergency
and extraordinary expenses incurred in connection
with any fa.reign intelligence activity ar 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 'che Senate
are kept fully and currently informed of all withdrawals;
Provided, that the foregoing shall riot 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 par. agraph (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 tivith 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 :?oreign intelligence
collection operation (hereinafter in this Section referred
to as "sensitive collection operation") or significant pro-
posed change thereto.
(b) No funds may be expended for any special activity,
ar 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.
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.REPORTING ON 1TIOLATTONS; INTELLIGENCE'
OVERSIGHT I3OAR.D
Sec. 109. (a) The heads of departments and agencies within
the Intelligence Community and their Inspectors General and
General Counsels shall be responsible for reparting in a timely
manner to the Attorney General and to the Intelligence Oversight
Board established by this Section, concerning any foreign intel-
ligence activity brought to their attetxtian which may constitute
a violation of the Constitution or any Iaw of the United States,
ar of any Presidential Directive; Provided, that the Attorney
General and the Intelligence Oversight Board shall advise the
President of any such activity whiclx, in their view, cotxstitutes
a violatian of the Constitution err 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 Committees on Intelligence of the
Congress concerning such activities.
(b) The heads of departments and agencies vu-ithin the
Intelligence Community shall formulate and implement, in
consultation with the Attorney General and the Intelligence
Oversight Berard, procedures to discover and report on
activities that may constitute violations of the Constitution
err laws of the United States, err of any Presidential
Directive.
(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 X?romulgated 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; a,nd Provided further, that one
member shall be designated by the President as chairman.
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(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 tivithin the Intelligence Community from
reporting any matter described in paragraph (a) of this
Section directly to the Attorney General ar to the Intelligence
Oversight Board.
(g} The Board is authorized to employ such personnel
as may be necessary to carry out its functions 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.
REPORTING TO THE CONGRESS
Sec. r10. (a) Consistent with a'll 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:
(1) Keep the Intelligence Committees of the House
and the Senate fully and currently informed with respect
to intelligence activities, including any significant antici-
pated activities which are the responsibility of, or engaged
in, by such agency; Provided, that the Director shall
report to the Intelligence Committees 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 implementation of any such intelligence
activity;
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 . .
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(2) 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 Intelligence Committees of the House or the
Senate, upon the request of such Committee; and
(3) Report in a timely fashion to the Intelligence
Committees of the House and the Senate information re-
lating to intelligence activities that are illegal or improper
and corrective actions that are taken ar planned.
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