THIRD DRAFT, TITLE II, INTELLIGENCE CHARTERS LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000700110025-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 70
• Document Creation Date: December 15, 2016
• Document Release Date: April 12, 2004
• Sequence Number: 25
• Publication Date: August 25, 1978
• Content Type: MF

i'IEMORANDUM FOR: MESSERB. BASS, CINQUEURANA, COLLINS,'DONOHUE,
HOSKINSON, HOTIS, SILVER AND SMITH
SUBJECT: Third Draft, Title II, Intelligence Charters
Legislation
Attached is a third draft of Title II incorporating the
changes discussed last week and indicating the points at
which issues have been raised thus far.
The section numbers are the saral{_ as in previous drafts .
This means some discontinuity in numbering as the drafting
process proceeds, but it facilitates comparisons with earlier
drafts. New provisions for which there are 'not available.
numbers are numbered as "A" sections.,
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GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE
WASHINGTON. D. C.?20301 1 1 _ / /' l I f l~I
August 25, 1978
The following sections of this draft are new:
218
230
293
224A
i = ?
231
294
224B
231A
227A
231B
229A
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 Third draft-
August-25, 1978
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TITLE II
PART A: GENERAL PROVISIONS
Page
Sec. 201. Short title I
Sec. 202. Statement of Purposes 1
Sec. 203. Definitions 2
Sec. 204. Attorney General Responsibilities 7
PART B: AUTHORITY TO COLLECT, RETAIN AND DISSEMINATE
INFORMATION
Subpart 1: General Authority for collection,
Retention and Dissemination of Infor-
mation From or Co_ ncerning United
States Persons
- Sec.211.
Subpart 2: Authority to Collect Intelligence
From or Concerning United States
Persons
Sec. 212. Authority to Collect Counter-
intelligence and Counterterrorism
Intelligence
Sec. 213.` Authority to Collect Foreign
Intelligence
Sec. 214. Authority to Collect Information
Concerning Targets of Foreign Powers
or International Terrorists
Sec. 215. Authority to Collect Information
Concerning Potential Sources of
Intelligence or Operational
Assistance
Sec. 216. Authority to Collect Information
for Security Purposes
Sec. 217. Authority to Collect Other Infor-
mation Necessary for Intelligence
Activities
14
Sec. 218. Authority to Collect Information for
Communications Security Purposes 18
Sec. 219. Duration and Review of Collection 18
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Subpart 3: Authority to , Co Llect Information
= from or Concerning FForeign Persons
within the Unit,:-!(! States
Subpart 4: Authority to Retain Personal Infor-
mation
Subpart 5: Authority to D^irsseminate Personal
Information
Subpart 6: Other Authority to Retain and
Disseminate Information.
Sec. 223. Retention and Dissemination of
Personal Information for Oversight
and Other Purposes
Sec. 224. Retention and Dissemination of
Information from Electronic
Surveillance
Sec. 224A.. Retention and Dissemination of '
Information that is not Personal
Information
Sec. 224B. Collection, Retention and Dissemi--
nation of Information that does not
Concern United States Persons or
Foreign Persons who are in the
United States
Subpart 1: Electronic surveillance outside the
United a es
Page
20
29
Sec. 225. Authorization for Electronic Sur-
veillance Outside the United States 31
Sec. 226. Requirement of Attorney General
Approval
Sec. 227. Attorney General. Approval 31
Sec. 227A. Authorization for Special Court Order 34
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 Page
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Sec. 228. Emergency Proceiures
35
Sec. 229..
Cooperative or 6_,iaison Arrangements
38
Sec. 229A.
Relationship to Electronic Sur-
veillance Under Title III
38
Subpart 2:
Searches
Sec. 230.
Authorization for Searches
38
Sec. 231.
Authorization for Special Court Order
39
Sec. 231A.
Attorney General. Approval
40
Sec. 231B.
Emergency Procedures
?41
Subpart 3:
Participants in the Intelligence
Activities
Sec. 232.
Religious and Journalist Vocations,
Certain Government-Sponsored Travel
42
Sec. 234.
Persons who are Research Subjects
43
Sec. 236.
Voluntary Contacts
44
Subpart 4:
Relationships with Other Organizations
Sec. 241.
Assistance to Law Enforcement
Authorities
45
Sec. 242.
Publications
47
Sec. 243.
Cover Arrangements
48
Sec. 244.
Contracting
48
Sec. 245.
Undisclosed Participation in United
States Organizations
49
Subpart 5:
Activities Undertaken Indirectly
Sec. 251.
51
Subpart 6:
Presidential Waiver of Restrictions in
Time of War or hostilities
Sec. 261.
51
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PART D. PROCEDUR;~-L REQUIREMENTS FOR INTELLIGENCE
ACTIVITIES
Subpart 1: Special Activities
Subpart 2: Foreign Intelligence Collection
Activities
Subpart 3: Counterintelligence and Counter-
terrorism Intelligence Activities
Sec.. 253.
PART E: REMEDIES
Subpart 1: Civil Damages
Sec. 282. Joint and Several Personal and
Governmental Liability
Sec. 283. Sole Governmental Liability
Sec. 284. Jurisdiction
Sec. 285. Statute of Limitations
Sec. 286. Exclusion Remedy
Sec. 287. Fees and Costs
.Subpart 2: Administrative Sanctions
Sec. 289. Disciplinary Action
Sec. 290. Attorney General Referral
Subpart 3: Privileged Communications and
Rulemaking
Sec. 291. Protection of Privileged Communications
Sec. 292. Administrative Rule-making
Sec. 293. Other Sanctions
Sec. 294. Repealer
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.Page
54
- 62
63
65
 Third draft
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TITLE ='II ?- INTELLIGEi3CE REGULATION
PART A. GENERAL PROVISIONS
SHORT TITLE
Sec. 201. This title may be cited as the "Intelligence.
Regulation Act of 1979."
STATEMENT OF PU{2~'OSES
Sec. 202. It is the purpose of this Act --
(1) to provide statutory authorization for intelli-
gence activities that are dir,3cted against United States,
persons or performed within the United States and that
are necessary for the conduct of the foreign relations
and the protection of the national security of the
United States;
(2) 'to establish statutory standards for United
States intelligence activities and effective means
to ensure that such activitie; are conducted in
accordance with the Constitution and laws of the
United States; and
(3) to delineate the roles of the Attorney
S
General and other Government o:ficials who are
responsible for insuring that intelligence activities
of the United States are conducted in accordance with
the Constitution and laws of the United States.
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DEFINITIONS
Sec. 203. (a) Except as otherwise provided in this
section, the definitions in Title I of this Act shall.apply
to this Title. Reference to law within this Title are to
the laws of the United States.
(b) As used in this Title --
(1) The term "administrative purpose" means a
purpose related to the contracting, personnel matters, house-
keeping services, leasing and other functions of a government
agency that are necessary to support its substantive programs-
(2) The tern "agent of a foreign power" means
(A) A person who, for or on behalf of a
foreign power, is engaged in clandestine intelligence
activities (including covert activities intended to
affect the political or governmental process), sabotage,
or international terrorist activities, or who conspires
with or knowingly aids or abets such a person in en-
gaging in, such. activities; ?
(B) A person who is an officer or employee
of a.foreign power;
(C) A corporation, corporate subsidiary, or
I
other entity that is owned or controlled, directly or
indirectly, by a foreign power; or
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(D) A person acting for, or pursuant to
the direction of, a foreign power provided that the
fact that a person's activities may benefit or further
the aims of a foreign power, standing alone, is not
sufficient to support a finding that a person is an
agent of a foreign power.
(3) The term "clandestine intelligence activity"
means an activity conducted by or on behalf of a foreign
power by an intelligence or security service in a manner
intended to conceal the nature or'fact of such activity
or the role of such foreign power, and any activity con-
ducted in support of such activity.
(4) The term "collecting agency" means, with
respect to infor*.ration, the-departments and agencies
that collect the information.
(5) The term "cover" means the method or means
by which the true identity or affiliation with an entity
of the intelligence community by' an officer, employee,
.agent or activity of the United States Government is
disguised or concealed, but does not include any method
or means by which the true identity or affiliation of
an informant is disguised or concealed.
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(6) The term "electronic surveillance" for pur-
poses of this Title means th interception of wire,
radio or oral communications through the use of electronic,
mechanical or other surveillance or monitoring devices.
(7) The term "foreign electronic surveillance"
means the interception of wire, radio or oral communica-
tions through activities conducted by or on behalf of
the United States Government that are targeted against
a particular, known United States person without the
consent of at least one of the parties to such communica-
tion, or, that use electronic, mechanical or other
surveillance or monitoring devices to acquire information
without the knowledge of the persons or activities
monitored, when both, the sender and receiver {of. the
communication or the person or activity being monitored
are outside the United Stater; the term does not include
electronic surveillance as defined in [S.1566/H.R. 7308
as enacted].
(8) The term "foreign organization" means-a
corporation or unincorporated association that is not
a United States person and also means any international
organization.
(9) The term "foreign person" means a person or
entity that is not'a United States person.
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(10) The term "foreign power" means (A) a foreign government or any component
thereof, whether or not recognized by the United States;
(B) a faction of a. foreign nation or nations,
not substantially composed of United States persons;
(C) an entity that is openly acknowledged
by a foreign government or governments to be directed
and controlled by such foreign government or governments;
(D) a foreign-based group engaged in inter-
national terrori-st activity; or
(E) a foreign-based political organization,
not substantially composed of United States persons.
(11) The term "minimization procedures" with respect
to foreign, electronic surveillance, means procedures
promulgaged by the heads of the entities of the
intelligence community and approved by the Attorney
General ---
(A) that are reasonably designed in. light
of the purpose and technique of the surveillance to
minimize the acquisition, retention and dissemination
of information that is not publicly available and that
concerns unconsenting United States persons, and that
are consistent with the need of the United States to
obtain, produce and disseminate intelligence; and
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(B):. under which information that is not
publicly available and that
be disseminated in a manner
States person, without such
such person's identity is
intelligence or to assess
is not intelligence may
that identifies a United
person's consent, only if
necessary ,to understand
its importance, providing
that information that is evi.dence of a crime may
be disseminated for the'purpose of preventing the
crime or enforcing the criminal law.
(12) The term "personal information" means
information concerning a specific natural person
that identifies the person that is, retrievable by name,
and that is not publicly available information.
(13) ,The term "United States organizatioy
means an unincorporated association or corporation
that is a United States person.
(14) The term "wire commntinication" means any
communication that is being carried by a wire, cable
or other like connection furnished or operated by a
common carrier.
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 ATTORNEY GENERAL RESPONSIBILITIES
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Sec. 204. It shall be the duty of the Attorney General to
participate in and support the governance of intelligence
activities of the United States Government as follows*.
(1) participate in the deliberations of committees
designated by the National Seca-city Council to, review
special activities, foreign intelligence collection
activities and counterintelligcence.and counterterrorism
intelligence activities to ensure that the intelligence
activities of the United States are conducted in accordance
with the Constitution and laws of the United States and
do not abridge any right protected by the Constitution and
laws of the United States.
(2) supervise the intelligence activities of the
Federal Bureau of Invest?gation.
(3) review determinations with respect to collection
of intelligence that are (A) made with respect to the collection of
information from or concerning United States persons under
Section 217 of this Title.
(B) made with respect to the collection of
information through communications security activities
under Section 218 of this Title_
(C) designations of officials empowered to
authorize collection of information from or concerning
United States persons under Section 219(a) of this Title.
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(D) made with respect to the necessity for
continuation of intelligence collection activities under
Section 219(d) of this Title.
(4) review determination:; made with.respect to
the retention of personal information under Section 221(8)
of this Title.
(5) review determination,.; made with respect to the
dissemination of personal. information under Section. 222(g)
of this Title.
(6) authorize the use of specific techniques for
the collection of intelligence that are --
(A) foreign electronic surveillance conducted
pursuant to Section 226 and 227 of this Title.
(B) physical searches conducted pursuant to
(C) mail openings conducted pursuant to
Section 231A of this Title.
(7) review participation by'entities of the intelligence
community in law enforcement activities pursuant to Section
241(c) of this Title.
(8) review contracting by entities of the intelligence
community when sponsorship of such entities is not revealed.
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(9) perfdrm such other functions as may be assigned
by the President to protect thi rights of United-States
persons under the Constitution and laws of the United
States and the legal rights of any other persons who
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PART B: AUTHORITY TO COLLECT, RETAIN AND DISSEMINATE
INFORMATION
Subpart 1: GENERAL AUTHORITY FOR COLLECTION, RETENTION
AND DISSEMINATION OF INFOMA.TION FROM OR
CONCERNING UNITED STATES PERSONS
Sec. 211. (a) Information from or concerning any United
entities of the intelligence community for any foreign intelli-
gence, counterintelligence or counterterrorism intelligence
purpose, or in connection with any special activity, or other
authorized function but only in accordance with this part.
States person may be collected, retained, and disseminated by
(b) information concerning any United States person
may be collected by an entity of the intelligence community,
using any collection technique, and may be retained and
disseminated, with the consent of that person.
(c) Publicly available information concerning any
United States person may be collected by an entity of the
intelligence community when such information is relevant to
an authorized function of that entity, and may be retained
and disseminated.
(d) Activities to collect information that are
directed against any United States person by any,entity of the
intelligence community shall be conducted by the least
intrusive means available that will permit collection in a
timely and effective manner.
(e) Nothing in this Title shall prohibit any
entity of the intelligence community from retaining and
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disseminating information concerning any United States
person if the information does not identify that per=son.
(f) Nothing in this Title shall prohibit, limit
or otherwise affect the functions of any department or agency
that are not intelligence activities, other than activities
undertaken by entities of the intelligence community to pro-
vide personnel, document, communications or physical.
security.
(g) Nothing in this Act shall prohibit any entity
of the intelligence community from undertaking active or
passive measures intended to protect the security of its
installations, activities, equipment, classified information
and personnel by use of security guards and access controls,
requirements that identification credentials be provided, and
inspection of briefcases, packages and similar items carried
by persons entering or leaving its installations.
Subpart 2: AUTHORITY TO COLLECT INTELLIGENCE FROM OR
CONCERNING UNITED STATES PERSONS
AUTHORITY TO COLLECT COUNTERINTELLIGENCE
AND. COUNTERTERRORISM INTELLIGENCE
Sec. 212. Counterintelligence or counterterrorism
intelligence may be collected by entities of the intelligence
community from or concerning any Uhzited States person when
facts or circumstances indicate that such person may (1) be engaged in espionage or any other
clandestine intelligence activity, sabotage,
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international terrorist activity or assassination;
be aiding any person 'in the conduct of such activity;'
be conspiring with any person engaged in such activity;
or, be employed by or receiving consideration of value
from an intelligence or security service of a,foreign
power.
(2) be the subject of a recruitment effort
for intelligence activities for or on behalf of a
foreign power, provided that such collection is limited
to that necessary to determine
(A) the identity of such United States
(B) whether there is reasonable basis
to believe such person may be cooperating in such
activity;
(C) whether such person has, has had, or
will have access to any information, disclosure of
which to a foreign power would be harmful to the.
United States; and
(D) whether the matter should be referred
to an appropriate law enforcement agency.
AUTHORITY TO COLLECT FOREIGN INTELLIGENCE
Sec. 213. (a) Foreign intelligence may be collected
by an entity of the in.elligence,community from or concerning
a United States person when a properly designated official
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e ermines that the information sought is neces-
sary foreign intel.ligenc and when facts and circumstances
indicate that such person
(1) is.an agent of a foreign power; or
(2.) resides outside the United States,,br holds
dual citizenship and is acting on behalf of or in an
official capacity for a foreign power or a?foreign
organization, and the information sought concerns such
person's duties or activities.
INFORMATION ISSUE: This section has very broad
coverage because of the definition of agent of
a foreign power
(b) foreign intelligence in the possession of a.
United States citizen or a permanent-IC resident alien may be
collected by any entity of the intelligence community without
the consent of 'such person if -- >,
(1) a property designated official of the
collecting entity determines that such person is in
possession of significant
otherwise obtainable;
foreign intelligence not
(2) collection of information concerning the
United States person is limited to information neces-
sary to understanding or assessing the foreign intelli-
gency; and
(3) collection is limited to interviewing any
other person to whom such United States person may
have voluntarily disclosed such foreign intelligence.
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(c) Foreign intelligence from or concerning a
United States organization that is a business or commercial
organization may be collected by any entity of the intelli-
gence, community without the consent of such organization if ---
(1) a properly designattid official of the collect-
ing entity determines that such intelligence is signifi-
cant foreign intelligence not otherwise obtainable; and
(2) the information; collected does not concern
any United States citizen or -:permanent resident alien
except to the extent that suc-i information is. necessary
to understanding or assessing the foreign intelligence.
AUTHORITY TO COLLECT INFORMATION CONCERNING TARGETS
OF FORE IG;NN POWERS OR INTERNATIONAL TERRORISTS
Sect. 214. (a) Information may be collected by any
entity of the i4atblligence community from or concerning any
United States person. when facts and circumstances indicate
that such person is or may be engatied in activity or in
possession of information or material that is reasonably -
believed to be the target of any cWandestine intelligence
activity or the target of any assassination by any foreign
person or by any person. engaged in international terrorist
activity, but only to the extent necessary to protect against
such intelligence activity or assassination attempt.
(b) Any person who is the subject of collection of
information under this section other than an officer or
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 emplaQ ?M ~E eR ~t ~ 5/$z~nc- hRD 8111Vj0%980ROd00i 00e1.10a0?f5- he
target.ting of intelligence activities of a foreign power.or
by international terrorist activity, and such person's con-
sent for collection shall be.requ=~sted unless a properly
designated official of the collecting entity determines
that
sources and methods; or
(2) there is reasonable possibility such per-
son may be cooperating with the foreign intelligence
service or the international terrorist activity.
AUTHORITY TO COLLECT INFORMATION CONCERNING POTENTIAL
SOURCES OF INTELLIGENCE OR OPERATIONAL ASSISTANCE
Sec. 215. Information may be collected by any entity
of the intelligence community, concerning any UnitedfStates
person who may be a potential source of intelligence or
operational assistance, but only to the extent necessary
to determine such person's suitability or credibility as
such a source.
AUTHORITY TO COLLECT INFORMATION FOR SECURITY PURPOSES
Sec. 216. Information may be collected by an entity
S
of the intelligence community concerning any United States
person who ---
(1) is allowed or is being considered for access
to classified intelligence or other classified informa-
tion in the custody of such entity, or to intelligence
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(1) such action would ;jeopardize intelligence
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sources and methods information, or who is allowed
or is being considered for access to an area controlled
by the intelligence entity, in order to determine
whether, in accordance with any rule or regulation
of such entity or of the Federal government, such
person should be denied such access or be excluded
from such area;
(2) facts and circumstances indicate may be
engaging in an activity that poses a direct and
imminent threat to the physical safety of any
installation, property, documents or other materials
or of any personnel of that entity, but the collec-
tion of such information within the United States
shall be limited to such information as it necessary
to determine whether the matter should be referred
to an appropriate law enforcement agency;
(3) is'an employee or former employee of the
entity of the intelligence community, to determine
whether such employee or former employee has violated
or intends to violate any ru:lc or regulation of that
entity, or any contractual obligation applicable to
that employee or former employee pertaining to the
security of that entity's installation, personnel,
equipment, communications, classified information or
intelligence sources or methods.
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 Appr? ( L $Jle
Lfbe 5 :CIA RD 8mpa~ab e 00 ectio025-6
of S. 2525 makes no retention of former
employees
(4) is a contractor of the entity of the'
intelligence community, or an employee of such con-
tractor, to determine whether such contractor or
employee of such contractor is in compliance with
rules and regulations applicable to such contractor
or employee of such contractor pertaining to the
security of the intelligence entity's installation,
personnel, equipment, communications, classified
informantion or intelligence sources or methods.
AUTHORITY TO COLLECT OTHER INFORMATION
NECESSARY FOR INTELLIGENCE ACTIVITIES
Sec. 217. Information may be collected by an entity of
the intelligence. community from or concerning a United States
person for purposes other than those provided by sections 212
through 216 if a determination is made by the head of the
entity, with the concurrence of the Attorney General', that
the information is necessary to a lawful intelligence activity,
provided that no such activity shall be conducted solely on
the basis of religious or political views expressed by an
individual or group, or the exercise of any right to petition
the government, or solely directed against the exercise of
any right protected by the Constitution and laws of the United
States.
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ISSUE: The Department of Justice would add
"and (3) that such determination is reported
promptly to the Permanent Select Committee.on
Intelligence of the House of Representatives
and to the Select Commit- ee on Intelligence
of the Senate."
AUTHORITY TO COLLECT INFORMATION FOR
COMMUNICATIONS SECURITY PURPOSES
Sec. 218. Information may be collected by an entity of
the intelligence community concerning any United States person
for communications security purpose,,,.,, if such collection is
within the authorized functions of the collecting entity.
The collection, retention and dissemination of such informa-
tion shall be in accordance with procedures, promulgated by
the head of the collecting entity and approved by the Attorney
General, reasonably designed in licghht of the purpose and
technique of the information collection to -ensurethat informa-
tion that is not publicly available and that concerns uncon-
senting United States persons will be collected, retained
and disseminated only to the extent reasonably necessary to
accomplish the communications security mission of the collect-
ing entity.
DURATION AND REVIEW OF COLLECTION
Sec. 219. (a) The head of each entity of the intelli-
gence community shall designate, subject to the approval of
the Attorney General, officials who are empowered to authorize
the initiation, renewal or extension of collection of informa-
tion concerning United States persons-under this part and to
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authorize the use of particular techniques of.collection.
(b) Collection of :information by an entity of the
intelligence community under the authority of this subpart
may be initiated only upon written approval of an official
designated under subsection (a). Such approval shall be
valid for not more than one hundred and eighty days and
shall be based on a finding that collection is permitted
under this Part. Such approval may be extended in writing
for an additional one hundred and eighty days based upon a
finding that continuation is necessary and reasonable.
(c) Collection of information under the authority
of this.subpart may continue beyon.ci the initial one hundred
and eighty-day period extension authorized in subsection (b)
only if an official designated under subsection (a),,,makess a
written finding at the end of such subsequent one hundred
and eighty-day period that continuation is necessary and
reasonable.
(d) Each collection activity authorized under this
subpart, that has continued for a period of three hundred and
sixty days and has been extended in conformity with subsection
(c) shall be reviewed at the end of such subsequent three
hundred and sixty-day period --
ISSUE: The Department of Justice would insert
"the first and before each" after the phrase "at
the end of" which would thereby require a review
at the end of the first year rather than at close
of the second year as subsection (d) provides.
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 Approved pr Ras A p 'J IA-2Qin81 8U0yR0O0OP1110025i6i'ity
of the intelligence community, by the head of that entity;
(2) if the subject is a member of the Armed Forces,
by the appropriate service Secretary;.
(3) if the subject is not covered by (1) or (2)
above, by the Attorney General or a designee.
(e) Previously approved collection activity shall.
continue during the review called for in subsection (d) but
shall be terminated -unless the official conducting the review
makes a written finding that continuation is necessary and
reasonable.
ISSUE: The redraft of Part B deletes Section 217.
"Written Findings," of S. 2525. The Department of
Justice be.lives this section should be included.
Subpart 3: AUTHORITY TO COLLECT iNFORMATIOtd FROM OR
CONCERNING FOREIGN PERSONS WITHIN THE UNITED STATES
Sec. 220 (a) Information froth or concerning any foreign
person who is within the United States may be collected,
retained and disseminated by entities,of the intelligence
community for any foreign intelligence, counterintelligence,
or counterterrorism intelligence purpose, or in connection
with any special activity, or other authorized function but
only in accordance with this Part.
(b) Information concerning any foreign person who
is within the United States may be collected by an entity of
the int ell igenceco-mmunity using any collection technique, and
may be retained and disseminated, with the consent of that person.
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(c) Publicly available information concerning any'
foreign person who is within the r1nited States maybe collected-
by an entity of the intelligence community when such informa-
tion is relevant to an authorized function of that entity and
may be retained and disseminated.
(d) Activities to collect information that are
directed at any foreign person who is within the United States
by any entity of the intelligence community shall be conducted
by the least intrusive means available that will permit collec-
tion in a timely and effective marnner.
(e) Information may be collected by an entity of
the intelligence community from or concerning any foreign
person who is within the United States if ~-~
(1) the facts and circumstances of such person's
presence in the United States indicate that such person
is an officer or employee of any foreign power or foreign
organization;
(2) the facts and circumstances of such person's
presence in the United States indicate that such person
may engage in espionage or any other clandestine
intelligence activity, sabotage, international terrorist
activity or assassination;
(3) information concerning such person or
reasonably believed to be in the possession of such
person is determined by the head of the collecting
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 A~ricoved For Release .2004/05/05: CJA-RDP81MQ0.980R00070011D025-6
ag y, or a esignee, to be 3.Lgn3 scan intelligence, counterintelligence or counterterrorism
intelligence; or
(4) the collection of information concerning
such person would be permitted under this Part-if such
person were a United States person, but any limitation
on duration or techniques of collection that would be
applicable to collection concerning a United States
person shall not apply to collection under this section.
(f) Nothing in this Title shall prohibit any entity
of the intelligence community from retaining and disseminating
information concerning any foreign person who is within the
United States if the information does not identify that person.
Subpart 4: AUTHORITY TO RETAIN PERSONAL INFORMATION
ISSUE: FBI dissents to this section in its
entirety; would replace it with general state-
ment of principles and requirement to promul-
gate procedures approved by the AG.
Sec. 221. (a) Personal information concerning any United
States person may be retained in the records or files of an
entity of the intelligence community without such person's
consent only if --
(1) such information was collected in the
course of an authorized intelligence collection
activity targeted or directed against that United
States person and-is relevant to a lawful intelli-
gence purpose;
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 Approve or Release 2004
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suc ormation was collected incidentally
in the course of an authorized intelligence activity
of an entity of the intelligence community; and
(A) it is reasonably believed that such
information may provide a basis for initiating collec-
tion of information pursuant to the provisions of
this title;
(B) such information concerns a possible
threat to the physical safety of any person;
(C) it is reasonably believed that such
information may be evidence of a crime or may be
useful in the investigation or prosecution of a
crime that has been or is being committed.
(D) such information is significant to
the understanding or assessment of collected
intelligence;
(E) such information constitutes foreign.
intelligence, counterintelligence or counterterrorism
intelligence and the United States person concerned is
or has been the incumbent of any office of the Executive
Branch of the United States Government or any depart-
ment or agency thereof having significant responsibility
for the conduct of United States defense or foreign
policy;
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 Approved For Rease 2Q04/05/05. : CIA; RDP81 M00980Rp00700110025-6
(F) a determination is made by the.head
of the intelligence entity, with the concurrence
of the Attorney General, that retention of the
information or category of information is neces-
sary to a lawful intelligence purpose; or.
(3) such information is :retained for administra-
tive purposes not related to intelligence activities.
(b) Nothing in this section shall prohibit the
retention of personal information for a reasonable period
for the purpose of determining whether, in conjunction with
other information, it satisfies any other criterion for
retention.
(c) The provisions of subsection (a) shall apply
only to retention of information acquired after thq.,effective
date of.this Act, and shall not require a review of informa-
tion acquired prior to the effective date.of this Act..
Subbpart 5: AUTHORITY TO DISSEMINATE. PERSONAL INFORMATION
ISSUE: FBI dissents to the-section in its
entirety; would replace it with general state-
ment of principles and requirement to promul-
gate procedures approved by the Attorney
General
Sec. 222. (a) Personal information concerning a United
States person may be disseminated without the consent of that
person only ---
(1) in accordance with this section, and.
(2) when the information is relevant to
authorized government functions performed by the
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individuals to whom the information is disseminated.
(b) Personal information concerning a United
States person may be disseminated within a collecting agency.
(c) Personal information that constitutes foreign
intelligence may be disseminated cutside the collecting agency
if ---
(1) the dissemination is to another department
or agency of the United States Government and the
identity of the United States person is significant
to the understanding or assessment of the intelligence;
(2) the information is foreign intelligence
that identifies an official of the Executive Branch
having significant responsibility for the conduct of
United States defense or foreign policy; or
ISSUE_ The Department of Justice opposes sub-
section (2) on the ground it is too broad and
only subsection (1) is needed.
(3) the dissemination is made to a foreign govern-
ment in furtherance of the interests of the United States
and that foreign government has undertaken to treat the
information disseminated to it in a manner comparable
to that required of intelligence entities of the United
States under this Act.
(d) Personal information that constitutes counter-
intelligence or counterterrorism intelligence may be dis-
seminated outside the collecting a~lency if --
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(1) dissemination is to another department or
agency having lawful counterintelligence, counter-
terrorism, or other lawful. enforcement responsibilities;
(2) dissemination is to a. foreign government,
if the information indicates that the United State,,
person concerned may be engaged in international
terrorist activities or in clandestine intelligence
activities of direct interest to that foreign govern-
ment, and if such dissemination is in the interests
of the United States.
(3) dissemination is pursuant to procedures
approved by the Attorney General and is necessary
to the conduct of an investigation by the-Federal.
Bureau of Investigation.
(e) Personal information that relates to any
criminal activity may be disseminated outside the collecting
agency if --
(1) dissemination is to any Federal, State or
local law enforcement agency having investigative
or prosecutorial jurisdiction over such criminal
activity or responsibility for protecting against
such criminal activity; or
(2)' dissemination is to a foreign law enforce-
ment agency having investigative or prosecutorial
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jurisdiction over such criminEi activity; or
(3) dissemination is under procedures approved
by the Attorney General and is necessary to the conduct
of an investigation by the Federal Bureau of Investiga-
tion.
(f) Personal information relating to the trust-
worthiness of any United States person who currently has, has
had, or is being considered for access to classified intorma--
tion, or for Federal or contract employment in a position that
requires trustworthiness, may be disseminated to the depart-
ment or agency that employees, employed, or intends to employ
that person, or administers a government contract under which
that person is or was employed, or is being considered for
employment, to the department or agency that granted or intends
to grant that person a security clearance or access to classi-
fied information or to any department or agency having
responsibility to investigate that person's trustworthiness.
(g) Personal information relating to the suitability
of any United States person as a. source of information or -
assistance for any lawful intelligence purpose may be dis-
seminated to any entity of the intelligence community, or
other department or agency with counterintelligence or
counterterrorism responsibilities, requesting such informa-
tion if there is a need to use such person as a source of
information or assistance.'
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(h) Personal information otherwise may be dis-
seminated if the head of the intelligence entity makes.a
determination, with the concurrence of the Attorney General
that dissemination of that information or that category of
information is necessary to-a lawful activity of the United
States government.
(i) Nothing in this section prohibits the reason-
able dissemination of personal. information for the purpose
of determining whether, in conjunction with other informa-
tion, it satisfies any of the retention criteria set forth
in section 221. The forwarding of raw information for
processing prior to analysis shall not be considered dig-
semination.
Subpart 6: OTHER AUTHORITY TO RETAIN AND DISSEMINATE
INFORMATION
RETENTION AND DISSEMINATION OF PERSONAL INFORMATION FOR
OVERSIGHT AND OTHER PURPOSES
Sec. 223. (a) Personal information collected by a means
or in a manner prohibited by this Act-shall be destroyed as
soon as feasible after recognition and shall not be disseminated
unless the head of the entity of the intelligence community
a
that 'is the collecting agency, ora designee, determines --
(1) the information should be retained for pur-
poses of oversight, accountability or redress;
(2) the information evidences an imminent danger
to the physical safety of any person and should be dis-
seminated to appropriate law enforcement officials;
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(3) the zn ormation is relevant to any adminis-
trative, civil' or criminal proceeding of which the
collecting agency has prior notice and should be
disseminated to appropriate oe icials;
(4) the information is xecessary to preserve
and maintain the integrity'of technical data bases, in
which case access shall be limited to that purpose.
(b) This section shall jiot be construed to prevent
the retention, processing or dissemination of information as
necessary to determine whether retention or dissemination is
authorized by this Act_
RETENTION AND DISSEMINATION OF INFORMATION
FROM ELECTRONIC SURVEILLANCE
Sec. 224. Notwithstanding any other provision of this
part, information collected by means of electronic surve-il--
lance within the United States as defined in[S. 1566/I-I..R. 7308]
shall be retained and disseminated only in accordance with the
provisions of [S. 1566/H.R. 73081.
RETENTION AND DISSEMINATION OF INFORMATION
THAT IS NOT PERSONAL INFORMATION
Sec. 224A. Nothing in this Title shall limit or prohibit
any entity of the intelligence community from rethining or
disseminating information from or concerning any person that is
not personal information.
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COLLECTION, RETENTION AND DISSEMINATION OF
INFORMATION THAT DOES NOT CONCERN UNITED
STATES PERSONS OR FOREIGN PERSONS.WHO ARE..
IN THE UNITED STATES
Sec. 224B. Nothing in this Title shall limit or prohibit
any entity of the intelligence community from collecting,,
retaining or disseminating information that does not concern
United States persons or foreign persons who are in the United
States.
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 Third draft
Aug_ 25, 1978
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MITATIONS ON INTELLIGENCE ACTIVITIES
Subpart 1: ELECTRONIC SURVEILLANCE OUTSIDE THE UNITED STATES
AUTHORIZATION FOR ELECTRONIC SURVEILLANCE OUTSIDE
THE UNITED STATES
Sec. 225. Electronic surveillance that relates to the
conduct of the foreign relations or to the protection of the
national security of the United States may be conducted out-
side the United States or with respect to communications sent
to or from any place outside 'the United States by entities of
the intelligence community authorized by statute or by the
President to engage in such activities.
REQUIREMENT OF ATTORNEY GENERAL APPROVAL
Sec. 226. No entity of the intelligence community may
engage in foreign electronic surveillance, under circurm-
stances in which if conducted in the United States for law
enforcement purposes would require a warrant, except pursuant
to author i_zation by the Attorney General or court order.
ATTORNEY GENERAL APPROVAL
Sec. 227. (a) Authorization by the Attorney General to
conduct foreign electronic surveillance shall be based upon
a finding that
(1) it is in the interest of the United States
to conduct the foreign electronic surveillance;
(2) there is probable cause to believe that
the United States person to be targeted --
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(A) is an agent of a foreign power;
(B) is engaged in activities outside the
United States which, if engaged in within the United
States would support a finding that the person is an
agent of a foreign power;
(C) is an officer or employee of a foreign
power residing outside the United States whose official
duties or communications, are likely to constitute foreign
intelligence, counterintelligence or counterterrorism
intelligence; or,
(D) is in collaboration with an intelligence
or security service of a foreign power, and has, or
has had, access to information or material classified
by the United States;
(3) Significant foreign intelligence, counter-
intelligence or counterterrorism _intelligence is likely to
be obtained as a result of the foreign electronic surveillance.
(4) less intrusive means cannot acquire intelligence
of the nature, reliability and timeliness that is required;
(5) the proposed minimization procedures meet
ti
the definition of such procedures under Section 203(b)
(11) of this Act; and
(6) the period of time during which the proposed
activities are t6 be conducted is reasonable.
(b) Each application for authorization by the
Attorney General shall be made by a Federal officer in
writing and shall include ---
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(1) the identity of the Federal. officer making,
the application;
(2) the identity or a description of the target
of the proposed foreign electronic surveillance;
(3) the nature of the intelligence sought;
(4) a statement of the facts and circumstances
relied upon by the applicant to justify targetting the
United States person, including the basis for judgment
that less intrusive collection capabilities cannot
acquire intelligence of the nature, reliability and
timeliness that is required;
(5) a statement of the proposed minimization
procedures;
(6) :a statement whether the activities 'involve
acquisition of information from wire communications,
from radio communications, from oral communications,
or from the monitoring of another activity, and
whether physical entry may be involved;
(7) a statement of the period of time during
which the proposed activities are required to be
conducted; and
(8) a statement of the facts concerning all
previous applications that have been made under this
section or under [S. 1566/H.R. 7308 as enacted],
involving the United States person
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specified in the application, and the action taken
on each such previous application.
(c) The authorization of the Attorney General fox-
foreign electronic surveillance sfiall be in writing and
shall.
(1) specify the identity or description of the
target;
(2) specify the nature and location, of the communica-
tions or other activity to be monitored and state
whether physical-entry may be involved;
(3) specify the time period during which
the activities are authorized; and
(4) direct that the minimization procedures
be followed. _
AUTHORIZATION FOR SPECIAL COURT ORDER
Sec. 227A. (a) Applications for an order from the Special
Court established pursuant to section (s. 15G6/FI.R. 7308)
of Title III of this Act are authorized and a judge to whom
an application is made pursuant to this section may, notwith-
standing any other, law, grant an order approving foreign
electronic surveillance.
(b) Approval of an application by a judge of the
Special Court pursuant to this section shall be based on a finding
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 Approve(lforRelease, (A) meets one of the criteria of section
227(a)(2) of this Title; or
(B) is a fugitive from United States justice
who is outside the United States. and whose relationship
with a foreign power or a foreign organization is likely
to constitute foreign intelligence, counterintelligence
or counterterrorism intelligence;
(C) is in comriunicaLion with a representative
or agent of an intelligence or security service of a
foreign power and has or has had access to information
or material classified by the United States;
(D) is a United States organization that has
a relationship with a foreign power or a foreign organiza--
tion that is likely to constitute foreign. intelligence,
counterintelligence or counterterrorism intelligence.
(2) significant foreign intelligence, counter-
intelligence or counterterrorism intelligence is
-likely to be obtained as a result of the foreign
electronic surveillance;
(3) less intrusive means cannot acquire
intelligence of the nature, reliability and timeliness
that is required;
(4) the proposed minimization procedures meet
the definition of such procedures under Section 203(b)
(11) of this Act; and
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 Approvq For FROjeas 5F9 : -@IP~A@p~QRQR70p tOC~ L
posed activities are to be conducted is reasonable.
(c) The order of the Court approving foreign
electronic surveillance shall he :'I_n writing and shall meet
the requirements of Section 227(c.41 (1-4) of this Title.
EMERGENCY PROCEDURES
Sec. 228. (a) Foreign electronic surveillance may
be targeted against a United States person in an emergency
situation without approval by'the 1\ttorney General or a court
order for a period not to exceed _seventy---two hours, provided
that
(1) if the surveillance is to be conducted from
a location outside the foreic7n country in which the
United States person is located, the head of the entity
of the intelligence community approves the surveillance
(2) if the surveillance is to be conducted from
facilities within the foreign country in which the
United States person is located, the United States
chief of mission in that country approves the sur-
veillance.
(b) in either of the situations set forth in sub-
section (a) --
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 (1) the approving authority shall determine that
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an emergency situation exists such that intelligence is
likely to be lost before an authorization could be
obtained with due diligence. from the Attorney General
and that the requirements of Section 227 (a)(1-4) are
net;
(2) an application fo}- Attorney General approval
or a court order shall be within seventy-two hours of
the initiation of the surveillance;
(3) the surveillance shall cease when the infor-
mation sought is.obtained, when the application for
authorization is denied, or upon the expiration of the
seventy-two hour period without an authorization from
the Attorney General, whichever occursa.firs-t; and
(4) information concerning a United States person
obtained before the application for authorization is
granted or denied shall be treated to the maximum
extent feasible in accordance with the minimization
procedures set forth in the application for authoriza-
tion and shall be destroyed and not disseminated if
the application for authorization is denied.
(c) Under conditions of actual or imminent hostilities
that could involve United States military forces, the United
States officer commanding such forces within the foreign
country shall have the same emergency approval authority_
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as is specified in subsection (a) (2) for the United States
chief of mission.
COOPERATIVE OR LIAISON. ARRANGEMENTS
Sec. 229. Nothing in this section shall be construed
to require any agency or any Federal officer or emjaloyee
to confirm or deny the existence of. any cooperative or
liaison relationship that any agency of the United States
Government may have with any foreign government or component
thereof; to identify any particulars of such cooperative or
liaison relationship; or to reveal in any manner whether
any information used in support of an application for authoriza-
tion under Section 227(b) was obtained directly or indirectly
from, such. a'relationship or whether any foreign government
or component thereof may participate in any foreign electronic
surveillance.
RELATIONSHIP 120 ELECTRONIC SURVEILLANCE UNDER TITLE III
Sec. 229A. Any activity that is foreign electronic
surveillance under this Title and is-also electronic sur-
veillance under [S.1566/H.R. 7308] Title III of this Act
shall be conducted under Title III of this Act.
Subpart 2: SEARCHES 4
AUTHORIZATION FOR SEARCHES
Sec. 230. An entity of the intelligence community may
conduct unconsented physical searches within the United
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States, unconsented physical. searches directed against
United States persons who are out:;ide the United States,
unconsented opening of mail in United States postal channels
or unconsented opening of mail of a known United'States person
when such mail is not in United States postal chancels, only
if -~
(1) such searches are conducted under the
standards and procedures regLired by the Constitution
or laws of the United States for law enforcement
purposes; or
(2) such searches are approved by the Special
Court as provided in Section 231; or
(3) such searches are authorized by the
Attorney General as provided in Section 231A.
AUTHORIZATION FOR SPECIAL COURT ORDER
Sec. 231. (a) Applications.by an entity of the intelligence
community for an order from the Special Court established
pursuant. to section [S.1566/H.R.7308] of Title III of this-
Act are, authorized and a judge to whom an application is under
pursuant to this Section may, notwithstanding any other law,
grant an order approving '
(1) searches that involve unconsented entry or
seizure of the property of a United States person within
the United States;
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 Appro'Wd)For 4 e &/W:-OkUD 1 Mbb OF b0Y M665-6
States postal channels;
(3) searches not involving unconsented entry;
(4) searches involving the seizure of
property in the custody of an employee of the United
States government; and
(5) unconsented opening of mail of United States
persons that is not in United States postal channels.
(b) Approval of an 'appl ication. by a judge of the
Special Court pursuant to this Section shall be in writing
and shall be b~Laed on' a finding that
(1) if the search is directed at a United States
person, that person meets one of the criteria in
Section 227A(b) (1) of this Title;
(2) significant foreign intelligence, cdunter-
intelligence or counterterrorism intelligence is likely
to be obtained as a result of the search; and
(3) less intrusive mears cannot acquire
intelligence of the nature, reliability and timeliness
that is required.
ATTOMEY GENERAL APPROVAL
Sec. 231A. (a) The Attorney General may authorize
searches specified in Section 231(a)(3)(4) and (5) of this Title_
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 Approved For R2le s 2004/05/01' CI RDP81 M00980R000700110025-6
y Attorney General of a search
pursuant to this Section shall be in writing and shall be
based on a finding that
(1) if the search is directed at a United States
person, that person meets ona of the criteria-in Section
227(a)(2) of this Title;
(2) significant foreign intelligence, counter-
intelligence or counterterrorism intelligence is likely
to be obtained as a result o= the search; and
(3) less intrusive means cannot acquire intelligence
of the nature, reliability and timeliness that is
required.
Sec. 231B. (a) An entity of the intelligence community
may conduct unccsnsented physical searches within the-United
States, unconsented physical searches directed against United
States-persons who are outside the United States, uncoitsented
opening of mail in United States postal channels, or uncon-
sented opening of mail of a known United States person when
such mail is not in United States postal channels without
approval
that the
situation
diligence
of the Attorney General or a court order provided
head of the entity determines that an emergency
exists such that intelligence is likely to be lost
authorization or order could be obtained with due
and the requirements of Section 231(b)(1)(2) and (3)
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 (b) Within '72 hours of Lhe undertaking of d, search
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pursuant to subsection (a) , the f:zccts and circumstances of
the search shall be reported to the Attorney General.
Subpart 3: PARTICIPANTS IN INTEL-GIGENCE ACTIVITIES
RELIGIOUS AND JOURNAL-CST VOCATIONS,
CERTAIN GOVERNMENT---SPONSORED TRAVEL
Sec. 232. (a) No entity of the intelligence community
may pay or provide other valuable consideration, for engaging
in any clandestine intelligence activity for or on behalf of
the United States or for providincl any intelligence to any
department or agency, to any United States person --
(1) who is following a full-time religious
vocation, unless an appropriate official of the
religious organization with which the person is
affiliated is notified that the person is being
paid or provided with valuable consideration 'for
such activity; or
(2) who is engaged in tx-avel to or in a
foreign country that is sponsored and funded by
the United States as part of a United States
Government program designed to promote education
or the arts, humanities or cultural affairs unless
j
an appropriate official of the sponsoring
organization is notified that the person is being
paid or provided other valuable consideration for
such activity; or
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 Approved #6PPe1eas 2004/OM 5 rOp -RDR81 MOO8MMQQ7 O$IM25-6
this provision should cover foreign persons
brought to the United (;t.ates under United
States Government programs.
(3) who is a jourriali..;t or editor employed by
a United States organization that publishes on a
regular basis for public dissemination any newspaper,
magazine, periodical, or that: is a news service or tele-
vision or radio network or station, or that produces
or distributes audio or.video tapes, unless an*appropriate
official of the United States organization with which the
person is affiliated is notified that the person is being
paid or provided other valuable consideration for such
activity.
(b) The head of an entity of the intelligence
community may waive the provisions of subsection (,a).based an
a determination that --
(1) the information to be collected or the
activity to be engaged in is _important to the foreign
policy or national security of the United States;
(2) use of other sources is not likely to
produce information of the nature, reliability and
timeliness required; and
(3) notification as required in subsection
(a) would jeopardize intelligence sources or methods.
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ISSUE; The bill contains a restriction on
the use of certain categories of persons as a
source of operational assistance. The State
Department believes a similar provision should
be included in the Administrationts proposed
position.
PERSONS WHO ARE RESEARCH SUBJECTS
Sec. 234. (a) No entity of the intelligence community
may sponsor, contract for, or conduct biomedical or behavioral
research on any human subject except in accordance with guide-
lines on research involving human subjects and on consent
issued by the Secretary of Health, Education, and Welfare.
(b) The National Commi:;sion for the Protection
of Human Subjects of Biomedical and Behavioral Research shall
have jurisdiction to monitor, under appropriate security
arrangements, compliance with such guidelines by any.'enti_ty
of the intelligence community that conducts research on any
human subject.
INFORMATION ISSUE: The bill contained a
provision limiting the use of persons as
combatants. That provision has been deleted.
VOLUNTARY CONTACTS
Sec. 236. Nothing in this Act shall be construed to
prohibit voluntary contacts with or the voluntary provision of
information by any person not an employee of an entity of
the intelligence commtinity and any such entity.
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 PROV
164 N5/6W: & M0b98OR000700110025-6
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Sec. 237. Nothing in this Act shall be construed to
prohibit any person from recommending or assisting in-the
recruitment of employees, sources of information, or sources
of operational assistance for any entity of the intelligence
community.
INFOR14ATION ISSUE: This provision takes the
CIA position on dealing with academic institutions
and permits contacts with faculty members who are
volunteers even if their institutions have pro-
hibited such contacts.
Subpart 4: RELATIONSHIPS WITH OTHER ORGANIZATIONS
ASSISTANCE TO LAW ENFORCEMENT AUTHORITIES
Sec. 241. (a) Except as otherwise provided in this
Act, no entity of the intelligence community other than the
entities having law enforcement responsibilities may provide
services, equipment, personnel or facilities to the Law
Enforcement Assistance Administration or to State or local
police organizations within the United States,'or may participate
in or fund any law enforcement activity within the United
(b) Any entity of the intelligence community may ---
(1) cooperate with appropriate law enforcement
agencies, not including the Lew Enforcement Assistance.
Administration, to protect th-~ personnel and facilities
of such entity or to conduct i.nvestigations otherwise
authorized by this Act;
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(2) participate in law enforcement and
training activities to protect against espionage or.
any other clandestine intelligence activity that may
involve a violation of the criminal. laws of the
United States, sabotage, or any international.
terrorist activity, narcotics production or trafficking
activity or any assassination; and
(3) with the prior_ 'approval of a designated
official of such entity, provide or receive specialized
equipment, technical. knowledge, or the assistance of
expert persons for use by or provided from any Federal
law enforcement agency, or, when lives are endangered,
provide support to or receive support from State or
local law , enforcement agencies.
(c) The provision of assistance by expert personnel
for use by or provided from any Federal law enforcement agency
shall be governed by procedures approved by the Attorney
ISSUE: The Department o{= Defense would delete
subsection (c) or replace it with.a provision
that reads as follows:
(c) The Attorney General shall be
notified in a timely manner of
such provision of expert personnel
and shall review at least annually
all provision of expert personnel.
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Sec. 241A. (a) All entitieb of the intelligence
community shall cooperate as appropriate to further the im-
plementation of this Act providing that such cooperation and
mutual assistance does not involve activities prohibited to
any agency by provisions of this r+cto
(b) Any entity of the ::.intelligence community may --
(1) provide to or receive from any entity of the
intelligence community speciitl.ized equipment, technical
knowledge, or the assistance of expert personnel as
mutually agreed between or among the entities
involved; and
(2) detail personnel to another entity of the
intelligence community when such is mutually agreed
between the heads of the departments and agencies
involved as being in the interest of the United
States.
PUBLICATIONS
Sec. 242. No entity of the intelligence community may --
(1) pay for or otherwise knowingly cause
the publication and distribution to the public within
the United States of any book, magazine, article,.
periodical, or video or audio tape unless the involve-
ment of the United States Government is acknowledged
publicly; or
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(2) pay` for or ot.herwiE.E: knowingly cause the
distribution in any fo.rei gn country of any book,
magazine, article, periodical., or video or audio tape
if the purpose of the distribution in such foreign
country is a substantial redistribution to the public
within the United States unless the involvement of
the United States Government: is acknowledged publicly.
COVER ARRANGEMENTS
Sec. 243. No entity of the intelligence community may
use, an affiliation, real or ostensible, with any United
States organization or United States government department
or agency for the purpose of establishing or maintaining -
cover for any officer, employee or agent of such entity,
except with the consent of an appropriate official of the
organization involved and with the approval of the entity
of the intelligence community.
INFORMATION ISSUE: The comparable provision
to S. 2525 contains a blanket prohibition
on using some kinds of organizations for
cover. This provision permits use of any
organization with consent.
CONTRA; TING
Sec. 244. No entity of the intelligence community may
enter into a contract or arrangement for the provision of
goods or services with any United States organization, other
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than routine service contracts, procurement contracts, and
transactions carried out under the Economy Act ( Stat.
unless the sponsorship of the entity of the intelligence
community is known to an appropriate official of the organiza-
tion; provided however that sponsorship except with respect
to educational institutions may be concealed if it is
determined, pursuant to procedures approved by the Attorney
General, that such concealment is necessary to maintain
essential cover or proprietary arrangements for intelligence
activities authorized. by this Act.
UNDISCLOSED -PARTICIPATION IN UNITED STATES
ORGANIZATIONS
Sec. 245. (a) No person may, except in accordance with
.this section, join or otherwise participate in any United
States organization on behalf of an entity of the intelligence
community without disclosing such person's affiliation with
the entity to an appropriate official of the United States
organization.
(b) The head of an entity of the intelligence
community or a designee may authorize participation on behalf
of that entity in any United States organization without
disclosing affiliation with the entity --
(1) if the United States organization is
acting on behalf ?of a foreign power or is composed
primarily of persons who are acting on behalf of a
foreign power;
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(2) if collection of information concerning
the organization or its members is authorized under
Part B of this Title.. Such participation shall be
limited to the collection of information as authorized
by Part B of this Title. Collection of information
that is not publicly available may be undertaken only
on behalf or after notification of the Federal Bureau
of investigation; or
(3) If it is necessary to prepare the participants
for assignment to an intelligence activity outside
the United States, for the development of associations
and credentials, for the acquisition of scientific
and technical information, or for the establishment
or maintenance of cover. Such participation shall,
be conducted so as not to influence the lawful activities
of the organization or its members.
(c) Employees of any entity within the intelligence
community may participate on behalf of that entity in any
United States organization without disclosing affiliation with
the entity if (1) the participation is limited. to attendance
at functions that the organization has made open to the
public and for which the organization does not require
disclosure of affiliation from all persons who attend; or
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educational and training 'purposes.
Subpart 5: ACTIVITIES UNDERTAKEN INDIRECTLY
Sec. 251. No entity of the intelligence community and
no officer or employee of any entity of the intelligence
community shall request or otherwise knowingly encourage,
directly or indirectly, any indivi.dual, organization or foreign
government to engage in any acti.vi.ty in which such entity of
the intelligence co:.-nunity is prohibited from engaging;
provided however that this restriction shall not prohibit
any entity of the intell.i gen_ce community from requesting
another entity of the intelligence community or another
department or agency of the United States Government to
engage in an activity on behalf of the requesting entity
that is within the authorized activities of the organization
to which the request is made.
Subpart 6: PRESIDENTIAL WAIVER OI' RESTRICTIONS IN TIME OF
ti1AR OR HOSTILITIES _T__ __
Sec. 261. (a) The President may waive any or all of
the provisions of Part C of this Title during --
(1) Any period in which the United States
is engaged in a war declared by Act of Congress;
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(2) any period covered by a report from
the President to the Congress under the War Powers
Resolution (87 Stat. 555) to the extent necessary
to carry out the activity that. is the subject of
the report; or
(3) any period when the President determines
that there is an immediate threat to the national
security of the United States from a foreign power
and that it is necessary to meet that threat to en--
gage in the activities prohib .ted or restricted by
sections 232, 242, 243, 244 o:a.~ 245 of this Title.
ISSUE: The Department oi~ Justice believes
that reference to section 245 should be
deleted from this provis-Lon.
(b) Whenever the President proposes to exercise
waiver authority under this subsection, the President shall
notify the committees of the Congross having jurisdiction
over intelligence in a timely manner and inform such
committees of the facts and circumstances requiring the
waiver.
INFORMATION ISSUE: This draft deletes the
following sections of S. 2525:
Sec. 134. Prohibition of assassination..
This section applies to all persons,
not just entities of the intelligence
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coi,,Lmunity and theref ore should be
included in S. 1437, the general
revision of Title 1f, . A part of
the Administration's;, position on
S. 2525 would be support for in-
clusion of an appropriate version
of Seca 134 in S. 1.437.
Sec. 135. Prohibition of particular
forms of special activities. It is
the purpose of the oversight and
reporting sections to ensure that
special activities are not under-
taken for improper purposes. There
are also initiative., on these
matters in the international areas.
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PAR`.' D. PROCEDURAL, REQUIREMENTS FO: INTELLIGENCE ACTIVITIES
Subpart 1: SPECIAL ACTIVITIES
Sec. 251(a)- Each special acL:.i.vity shall. be approved
by the President. -
INFORMATION ISSUE: There is no standard.
of approval (such as "ireportant to national
objectives") included in this section. Such
a standard is included in S. 2525. It is not
included in the Executive Order..
(b) Each special activity proposed for approval by
the President shall be reviewed by the National Security
Council or a committee designated by the National Security
Council that includes the Secretary of State, the Secretary
of Defense, the Attorney General, the Director of the Office
of Management and Budget, the Assistant to the President for
National Security Affairs, the Chairman of the Joint Chiefs
of Staff, and the Director of National Intelligence, or,
when any such officer is unavailabLe, a representative of
such officer. A written recommend-t-cion shall be submitted
to the President following that review.
(c) Each special activity shall be reviewed at
least annually by the National Security Council or a committee
designated as in subsection (b) to determine whether the
activity should be continued.
(d) Prior to the initiation of special activity,
the Director shall notify the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
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Committee on Intelligence of the Senate of the facts and
circumstances of such activi.ty.. _t.n extrao_rdinary circum-
stances, a special activity may be initiated without such
prior notification if the President determines that such
prior notification would result in a delay that would be
harmful to the United States, and, within 48 hours, notifica-
tion is accomplished. This subsection shall not be construed
to require the approval of any committee of the Congress prior
to the initiation of any special a+ctivity.
ISSUE: The NSC staff and the CIA would
drop the requirements of. prior notification
and substitute timely notification. DoD
prefers this formulation with a repealer
of Hughes--Ryan --- see Sec. 294.
The Justice Department notes the
need for statutory provision or report
language to permit reporting of categories
that. include numerous similar, actions.
(e) No department or agency other than the Central-
Intelligence Agency or, during a period of hostilities, the
Armed Forces of the United States, may conduct any special
activity unless the President determines, with the advice
of the National Security Council. or a committee designated as
in subsection (b) that another department or agency is more
likely to achieve the intended United States objective in
such special activity.
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(f) Any department or agency may provide support
for any special activity after the National Security Council
or a committee designated as in subsection (b) determines that
the intended United States objective in such special activity
is likely not to be achieved without such support.
Subpart 2: 'O :.IGN INTELLIGENCE COLLECTION ACTIVITIES
Sec. 252(a). The President f;hall specify, in instructions
to the National Security Council, the clandestine foreign
intelligence collection activities; or categories of such
activities that are to be approves, prior to implementation,.
by the President, the National Security Council or a committee
designated by the National Security Council.that includes the
Secretary of State, the Secretary of Defense, the Attorney
General, the Assistant to the President for National Security
Affairs, and the Director of National Intelligence, or,
when any such officer is unavailable, a representative of such
officer. The approval of such activities shall be in writing.
(b) Each foreign intelligence collection activity
that is implemented after approval under subsection (a) shall
be reviewed at least annually by the National Security Council
or a committee designated as in subsection (a) to determine
whether the activity should be continued.
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Subpart. 3: COUNTERINTELLIGENCE AND COUNTERTERRORISM INTELLI-
GENCE \CTIVITIES
Sec. 253(a). The President shall specify, in instructions
to the National Security Council, the counterintelligence and
counterterrorism intelligence activities or categories of such
activities that are to be approved, prior to implementation,
by the National Security Council or a committee designated by
the National Security Council that includes the Secretary of
State, the Secretary of Defense, the Attorney General, the
Director of the Office of Management and Budget, the Assistant
to the President for National Security Affairs, the Chairman
of the Joint Chiefs of Staff, the Director of National
Intelligence and the Director of the Federal Bureau of Investi-
gation, or, a designee of any such officer.
ISSUE The Department of Justice would
prefer to use the formulation "when any
such officer is unavailable, a representative
of such officer" in place of "a designee of
any such officer."
(b) The National Security Council or a committee
designated as in subsection (a) shall submit to the President
at least annually an assessment of the threat to the United
States from the activities of the intelligence and security
services of foreign powers in the United States.
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 Aug.. 25, 1978
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PART E,- REMEDIES
Subpart 1 CIVIL DAMAGES
JOINT AND SEVERAL PERSONAL AND GOVERNMENTAL LIABILITY
Sec. 282. (a) Any United St~ijL-:es citizen or permanent
resident alien who is not an agent of a foreign power as
defined in section 203(b) (2) of this Title shall have a civil cause
of action for money damages against any employee or agent of
any entity of the intelligence, community and against the United
States, jointly and severally, if s.;-Ltch person is aggrieved as
a direct result of any act or omis:.ion committed by such
employee or agent under color of law, in which such employee
or agent knowingly and deliberately (1) authorizes or engages in any.intelligence
activity without a court order where a court order is
required by law or the Constitution;
(2) authorizes or engages in any intelligence
activity not authorized by this Act that has as its,
primary purpose limiting, dis?:rup-iing or interfering.
with the exercise of any right of such person pro-
tected by the Constitution or laws.of the United
States; or
ISSUE:
The FBI believes this subsection
should be narrowed to conform to the
proviso to ?217 of this draft that was
.adapted from ?24.I_ of the bill.
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s rs contr c z bl o--
medical or behavioral research on such. person, except-.
in accordance with this title.
(b) Civil damages shall be assessed against any
employee or agent found liable under subsection .(a) and
against the United States, jointly and severally, as follows:
(1) 'actual damages;
(2) punitive damages if the act or omission
was malicious or with knowledge that it was unlawful; and
(3) reasonable attorney4s fees and other
litigation costs reasonably incurred.
Vic) Guidelines, procedures and internal regulations
promulgated pursuant to this Act to govern the conduct of
intelligence activities shall not create any substantive or
procedural r.ighttenforceable by any party to any civil or
criminal action-
(d) A motion to suppress: evidence based upon any
claimed violation of any provision of this Act shall be
granted only if the court finds that the claimed violation
upon which the motion was based resulted from action taken
maliciously or with knowledge that.i.t was unlawful and there
is substantial damage.
(e) It shall constitute a complete defense to any
civil action under this title or any criminal action that any
act or omission committed by any employee or agent of any
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entity ol the intelligence community giv_ng rise to such
action was committed in good faith by such employee or agent,
(f) A good faith reliance by an employee or agent
of any entity of the intelligence community shall be presumed
it the act or ommission of the employee or agent was based
(1) a,rea.sonable interpretation of any statute,
executive order, directive, p?ocedure, regulation,
instruction or other source os: guidance issued by the
head of the entity or the Att.{.n:ney General relating to
whether a particular act or oict:i.ssion is authorized;
(2) a reasonable bc:lief in the legality of
the act or omission based.upon prior determination,
law or precedent; is
(3) reliance upon procedures approved by
the Attorney General as applicable to actions that
would otherwise be a violation of a statute of the
United States, providing that any such action (A) is necessary to support the
interests of the United. States in implementation of
legitimate government purposes;
(B) does not involve acts of violence;
(C) does not involve a violation of any
provision of this" Act;
(D) is necessary to protect against acts
of treason, espionage, international terrorist activity;.
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dangerous clandestine .intelligence activities,
narcotics production and trafficking, or assassination;
(4) reli.ance-upon an appropriate court order,
legislative authorization, or Attorney General opinion; or
.(5) exercise of public authority.
(g) Notwithstanding the existence of a good faith
defense if an employee or agent of the * Unit.ed States was
acting under color of law, the,United States Government shall
he liable for any dammages actually sustained by any person
who has a cause of action under this section.
ISSUE: The Department of Justice wishes to
conform this section to the provisions
of their revision to the Tort Claims Act.
SOLE GOVERNMENT LIABILITY
Sec.. 283. (a) Any United States citizen or permanent
resident alien who is not an agent of any foreign power as
defined in section 203(b)(2) of this Title shall have a civil cause
of action for money damages against the United States if such
person is aggrieved as a direct result: of any act or omission
by any employee or agent of any entity of the intelligence
community that --
(1) violates any provision of this Act;
(2) is committed under color of law; and
(3) violates any right of the aggrieved
person protected by the Constitution.
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(b) The United States Government shall be liable
only for damages actually sustai neck by any person who has a
cause of action under this section.
ISSUE: The Department oa Justice wishes to
conform this sec.-ion to the provisions
of their revision to the Tort Claims Act.
JURISDICTION.
Sec. 284.. The district courts of'the United States
shall have original jurisdiction for all civil actions for
money damages brought under section 282 or 2834
STATUTE OF LIMIT1aTIONS
Sec. 285. No civil action may be brought under section
282 or 283 more than one year after the date on which the
aggrieved person discovered or rea:;onably should have dis-
covered the fact?. giving rise to a cause of action :under this
EXCLUSIVE REM,DY
Sec. 286. The remedies provided under sections 282 and
283 shall be the exclusive remedies for violations of the
provisions of this Act.
FEES AND COST13
Sec. 2870 (a) The court may award any employee or agent
of the United States found not liable in an action brought -
under section 282 reasonable attorney"s fees and other litiga-
tion costs reasonably Incurred. In any case where the court
determines that an action is without any real basis, is
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 ra~'olo ApprOOxed. sorbReloeuct~0/C oOc~P{l~Z~;6 or.
any othex improper purpose, the defendant's costs shill
he paid by the plaintiff.
(b) The Attorney General, upon recommendation of
the head of an entity of the intelligence community,.may pay
reasonable attorney'-s fees and other litigation costs reaason._
ably incurred by any employee or agent of such entity against
whom a civil action is brought under section 282, subject to
zecoupment if such fees and costs arci awarded under subsection (a)
Subpart 2: ADMINISTRATIVE SANCTIONS -
DISCIPLINARY ACT:WN
Sec. 289_ (a) The head of each entity of the intelli-
gence community may take disciplina-:y action against any
officer or employee of that entity _'L:or any action or omission
that violates the provisions of thi,, Act or any regulation
issued thereunder. Notwithstanding any other provision of
law, such action may include
(1) suspension from employment without pay
fora period not to exceed one hundred and eighty days;'
(2) reduction of salary or grade, or both;.or
(3) dismissal from employment.
(b) Before any disciplinary action is taken under
.this section, the officer or employee shall have thee opportunity
to present evidence and to cross-examine accusers and witnesses
offering evidence against such. officer or employee,
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(c) A disciplinary action taken by the head of
an entity of the intelligOnce community shall be conclusive
with respect to questions of law and Eact.
(d) Nothing contained in this section shall be
construed to effect or limit the authority of the head of
any entity of the intelligence community to terminate the.
employment of any officer or employee of such entity under
any other provision of law,
ATTORNEY GENERAL REFCRRAL
Sec. 290. In any-case in which an employee or agent of
any entity of the intelligence community is found guilty or
liable under section 282, committed any act that
resulted in government liability und-~!r section 283, or
committed any act or or.-mission that roo,sulted in an award,
compromise or settlement by the United States Government
under section 2672 of Title 28, United States Code, the
Attorney General may refer the matter to the head of the
appropriate entity of the intelligence community for such
administrative investigation and disciplinary action as may
be appropriate.
Subpart 3: PRIVILEGED COMMUNICATIONS, RULEMAKING, OTHER
SANCTIONS -_~-----
PROTECTION OF PRIVILEGED COMMUNICATIONS
Sec. 291. No otherwise privileged communications shall
lose its privileged character as a consequence of this Act.
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ADMINISTRATIVE RULIBLU\KING
Sec, 292. The_e-~ Director of Nat...onal ;Intelligence and
the head of each entity of the intelligence community shall,
in appropriate consultation with thc:, Attorney General, pro-
mulgate regulations necessary to ca--r-_-y out the provisions of
this Act, Any promulgation of a stixidard, rule, regulation
or procedure to implement this Act :;hall be exempt from the
provisions of section 553 of Title 5, United States Code
(_the Administrative Procedures Act),
OT ER SANCTION:;
Sec. 293. The provisions of suction of Title I.II
[provision in S. 1566 for criminal unctions for engaging in
electronic surveillance (that requires a warrant) without a
warrant] shall apply to the knowing and deliberate conduct
without a court order of foreign electronic surveillance that
requires a court order under section 227A of this Title.
Sec. 294.
is repealed.
Section 2421 of Title 22, United States Code,
The repeal of Hughes-Ryan
will be a very substantial
political issue. If should
be considered together with the
substitute from Hughes-Ryan in-
cluded in Sec. 251(d).
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