DRAFT LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-00473A000200120004-7
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 66
• Document Creation Date: December 14, 2016
• Document Release Date: December 19, 2002
• Sequence Number: 4
• Publication Date: March 18, 1977
• Content Type: MF

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18 AiAR 1977
MEMORRNDUM FOR: DDCI.
D/DCI/IC
.FROM: Director of Central Intelligence
SUBJECT:: Draft Legislation
i. Yau will. separately receive.a.copy of.my Memorandum
far the Record of the meeting between the Vice President,
Senator Inouye and myself. As a result of this we urgently
need to review the draft legislation which Senator Huddles tan's
Subcommittee has drawn up with regard to the charter of the
CIA and the DCI and begin negotiations with that Subcommittee
towards full agreement.
2. I suggest that Walt Elder disseminate the draft to
the members of the NFIB for their comments, but that in the
meantimEy we have a joint D/DCI/IC and DDCI effort to crash
out a priority listing of necessary. revisions. With this
we shou'Id have a plan of action as to who should negotiate
these suggested changes, first with the staff and secondly
with thE~ Senators .
G.
STAfVSFIELDffURNER
Admiral, U.S. Navy
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SECRET,
MEMORANDUM FOR THE RECORD
SUBJECT: G~iscussion between the Vice President
Senator Inouye and the DCI, 1$ March 1977
`I `1' - ~ ~? ~,~~
18 MAR 1971
1. Senator Inouye reported on the following on-gaing
activities of his Committee:
a. Budget: Senator agreed to provide two
budget figures to Senator Muskie's Congressional
Budget Committee. One of these was the National
.Intelligence Budget/Related Activities .and the
other the total budget. The total wnulci hp
b? The Senate Select Committee had unanimously
voted not to provide information to Representative
Stokes in connection with the Sprague Subcommittee
on Assassinations.
c.. Senator Hathaway's Subcommittee an Charters--
we havE~ the draft of this legislation. asicall
th~triink that two hats f_Qr the?_pC~;__~sae They
want to wor out almost all the details of this
legisla~,tion with us in advance so that it will be
more rE~adily sa gable to the rest of the Congress.
On the timing question the Senator noted that
Senate Resolution 400 has a deadline of 1 July.
The Vice President made the point that we need some
time to get our study gaing.
d. Senator Bayh's Committee an Civil Rights has
a new bill on electronic surveillance of which we
should have a copy (~'). This is something that
must be worked out with the Attorney General.
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e. Senator Stevenson's Committee an impraving.,~
the quality of intelligence is looking at various ways
to improve analysis and collection. ~ ?~
f. Senator Biden's Committee an secrecy is looking
at ttie issue of civil or criminal sanctions.
g. Senator Hart's Committee is daing a law-key
look at the JFK assassination.
h. Senator Morgan's Committee has been designated.
a brush-fire Committee to look into various charges that
.came r,~p from time to time. They have recently responded
to Senator McGovern in response to his letter of 29 October
that ~~hey do not want to conduct an investi ation of
alleged past mispractices of the CIA
2. ThE~ Vice President agreed to meet with Senator Nuddlestan
in the near term to discuss the timing of the charter revision
legislation. He also discussed at considerable length the
Executive Branch's desire to reduce the dissemination within the
Executive Branch and also within the Congress without covering their
need for oversight. There was a discussion of the fact that there
were certain kinds of intelligence, like names of agents and assets,
which did not need to be disclosed to the Committee.
3. On ;he question of numbers of people in the Congress to
be informed, there was a discussion of the desirability of estab-
lishing a joint committee. Senator Inouye indicated that within
the Senate tFae Select Committee is beginning to have almost exclusive
jurisdiction as the Armed Services Committee, in particular, is
no longer as active as it was. The Senator believes the House
should establish its own select committee first and after some
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periocl of trial, there might be an opportunity to have jaint
hearir.~gs with the Senate Committee and perhaps eventually some
closer relationship.. .~_-
4. The Vice President_.gained th~.,approval of Senator
Inoue?for;'~Fie~possi~6iiity of hiring Mr. yFr~tz Schwartz'former
st f director o
..~. ief~ur.~.~,:Committee, _t~ .~~.~: ~pe~zal _1iai,sgr
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-6t.~et~ e_.. z.c.e President,_ the DCI and the CQ.n_gressional .
Committees working on charter revision, joint commi teev.,prospects
and these many other issues that are up for immediate action. m
STANSF~}jTURNER
Admiral, U.S. Navy
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i~iarch ~~, e,
PROPO5ED t'fAS'TER OUTLINE
.y
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.4.
~ Purpose of a National Intelligence Authority
13..
Powers of the Nativna7. Intelligence Authority
~,
i",.
l~.
Composition of the National Intelligence Authority
Direction and Control.. of a National Intelligence
.
Authority '
?
I,.
Duties of the~Director of the National Tntelli-
gence Authority
. t
I. Creation of.a National Intelligence Authority for the
collection, production and analysis- of foreign intel-
ligence and foreign counterintelligence.information.
II. ~:ntities of the National Intelligence Authority ,
~'-. National Security Agency Charter -
1. SIGINT and CoMSEC missions
2. Prohibitions and Procedures
a. ~Prahibition on targeting of U.S, persons
other than via warrant procedures
b. Procedures for the approval of warrant-
- less SIGINT activities '
c. Procedures for the retention and dissem-
ination of information on U.S, persons
B. Central Intelligence Agency Charter
1. Covert action missions ~_
a. Standards for the employment Qf.covert
action
b. Procedures far .review of proposals,
monitoring, and evaluation
c. Prohibitions such as .those on assassination
of foreign leaders and the overthrow of
democratically elected governments
2. Clandestine human collection
a. Assignment to the CIAJDDO except when
the DNI authorizes clandestine human,
collection by mila:tary intelligence units
under the supervision of the DDO. -
b. Procedures
i.. For review of sensitive clandestine
collection in general -
ii. For review of sensitive clandestine -
collection directed against non-hostile
countries.
c. Passible prohibitions, e.g., use of entrap-
ment and blackmail.
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3. Counterintelligence -~+
a. Role of the DNI in allocation of resources
.and the Attorney General in determination
of legality and propriety of activities.
b. ~ CIA role in formulating counterintelligence-
strategy -
c. Procedures for review and control of GIA
counterintelligence activities?abroad
d. Relationship with the FBY in the United
States
1~. Defense Intelligence Agency Charter
D. .Federal Bureau of Investigation Charter
~,. Liaison with Foreign .Police and Foreign Intelligence
~.. Applicability to all intelligence and law
' enforcement agencies
2., Control by the Director of National Intelligence
3. Reporting to Congress of agreements and under-'
.standings ~ - ?
4. Prohibition on use of liaison services as
' agencies to avoid imposed restrictions.
5. Rules on retention and dissemination of material--
on U.S. persons received from foreign liaison
? services ?
III. Activities of the NxA Likely to affect the rights of
Am+~ricans
A. Covert investigations of: Americans who may be engaged
in espionage, clandestine intelligence activities or
international or transnatianal terrorism; who maybe
security risks or may be xesgonsible for security
leaks; and covert investigations of foreigners who
may be engaged, within the U.S., in espionage, Glandes- .
tine intelligence activities or international or trans-
national terrorism. -~ -
?,
B. Qvert collection of foreign intelligence from witting
foreigners and Americans within the U.S. ,
C. Covert recruitment of foreigners and Americans within
the U,S. to engage in espionage abroad on behalf of the-
,. U.S.
D. Covert monitoring of entrance and egress from the U.S.
E. .Use -of information obtained by the IRS and on the face
of the U. S . mails
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F. Judicial warrant procedures for certain extraordinars*
covert techniques which constitute search and seizure
IV. ,Authority of the Attorney General to investigate domestic
terrorism and to gather information pertaining to civil
~disarders . _
t~edefining criminal sanctii ~ -~~*? . u ~:{-.z~ r
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(1) as an exercise of tvhe rulemaking power of
the Senate and the Ilouse of Representatives, respectively,
and as such they shall be considered as part of the
rules of each Iiou.se, respectively, and shall supercede
other rules only to the extent that they are incon-
sistent therewith; a.rtcl ~-
(2) with full recognition of the constitutional
. .~
right of either House to change such rules,.(as far as
relating to such House) at any time, in the same manner,
and'. to the same extent as in the case: cif any other rule
of such House.
of the narnes of individuals engaged in intelligence activities
for the United States ar the divulging of intelligence
methods employed or the sources of. information on which any
ANNUAL REPORT 4F 'rH~; DIRECTOR
Sec. l3. (a) The Director shall prepare and submit
to the committees of the Senate and the House of Represen-
tatives Y~aving ,jurisdiction over matters relating to the.
-National In.telligerlce Authority an annual report in which
the activities of the various entities of the National
Intelligence Authority and the intelligence activities of
.foreign countries directed at the united States or its
interests are reviewed and discussed by the. Director.
(b) The Directox shall make ari unclassified version of
such annu.~.l report available .to the public.. Nothing a.n i~his
subsectia~n shall-be construed as requiring the public
disclosure, in any such report made available to the public,
such repax~t is based.
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Sec. 1~~. The review of proposals far, and the conduct
of, spE~cial activities in support of national foreign. policy
objectives a.nd sensitive clandestine collection projects.
(1) Special activities in scapport of national roreign
policy. objectives are to be reserved for extraordinary
eircumsta.nces when there are grave threats to the national
,security of the United States and when the overt'means avail-
. y
able to the U. S. Government would not allow the successful
accomplishment o~ national foreign palicy objectives.
(2;) Special activities in support of national. foreign
policy objectives must be consistent with publicly defined
U. S. fo_~?eign palicy goals .
(3;i A special committee of the National Security
Council [hereinafter referred to as the Policy Review
Committee (PRG) ] shall be established to revieta special
activities in support of national foreign palicy objectives
and sensitive clandestine collection .projects. ~-For purposes
of this section, the term "sensitive clandestine collection
project". means any secret intelligence collection activity
which if discovered ar revealed mi.~~ht cause harm or embarras-
sment to the United States or adverse reaction from other
countries.) The PRC shall consist of (A) the Director
of National Intelligence, (B) the Secretary of State, (C) the
Secretary of Defense, (D) the Special. Assistant to the
President far National Security Affairs, (F) the (;lxair-man
of the Jeint Chiefs of Staff; (F) t:he Attorney General and
the Director of the Office of Management and Budget?sha11
be eligi.'.ale to participate as observers, ~ (G) Wherever. possible
and apps+~priate, the views of the respective. U.S. Ambassador(s)
will be solicited.
by this ~~ct can designate senior representatives to attend
(4) The members of the Policy Review Gom-nittee designated
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in their place.
(5;f No special activities in support of national foreign
policy c7bjectives or sensitive clandestine~colle,ction projects
may be conducted without the approval of the pRG -
. (G) Each proposal for a special activity in support
of national foreign policy object_Lves shall include: (A) a
summary of the activity; (B) a statement of justification of
the activity including evidence that the objectives cannot
be achieved by overt means; (C) a ;;tatemezit as to the pro-
bability of success of the special activity; (D) a description
of the expenditures required; (E) a statement of i:he activity`s
Proposed duration; (F) a description of anticipated risks
includin~~, the consequences of_ disclosure; (G) a statement.
of previous coordination in developing theproposal; (H}
an itemi ~.4r.--'a^- ~~rF_ty Council and subject to the oversight of the
appropriate committees of the Congress.
(~$) "Attorney General" means the Attorney General of the
United States.
(&~,. "Conti_nuing resolution" means a joint resolution of
Congress to fund a department or agency temporarily, pending
enactme~zt of the appropriate regular appropriation act.
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..Section 4,
There is established the National Intelligence
Authority (NIA)~which is to operate under the National
Se~~urity Council (NSC) , 'and to be composed of all
eritities of the U.S, intelligence community. Its func-
ti+~n is to collect, analyze, and disseminate useful
in~~elligence to the Executive:. and legislative branches,
an