COMMENTS ON DRAFT OF TITLE I - NATIONAL INTELLIGENCE REORGANIZATION AND REFORM ACT OF 1978

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-00473A000400050008-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 21
• Document Creation Date: December 12, 2016
• Document Release Date: December 3, 2001
• Sequence Number: 8
• Publication Date: November 8, 1977
• Content Type: MF

DDIA Rmt",
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Fie
DDA 77-5927
8NOV 1971
MEMORANDUM FOR: Acting Deputy Director of Central Intelligence
FROM . Michael J. Malanick
Acting Deputy Director for Administration
SUBJECT . Comments on Draft of Title I - National Intelligence
Reorganization and Reform Act of 1978
REFERENCE . Multiple addressee memorandum from
dated 4 November 1977, subject: i P e"_1 a iona
Reorganization and Reform Act of 1978 (ER 77-9570/1)
As requested, we have reviewed the draft of Title I which was
transmitted to us by referenced memorandum and have the following
comments:
a. Under DEFINITIONS we note the absence of a definition
for intelligence sources and methods but assume that the re-
quirement for such a definition will be covered by Title VIII
(conforming amendments) where reference would be made to other
legislation relating to sources and methods.
b. Still in the DEFINITIONS section, we believe there is
a typographical error in paragraph (11) and that the word
"Central" should be inserted between the words "of" and
"Intelligence."
c. In the section dealing with the OFFICE OF THE DIRECTOR
OF CENTRAL INTELLIGENCE, we find paragraph (a.) of Section 105
to be confusing. We believe this paragraph requires clarifica-
tion so that a more clear distinction between the "office of
the Director of Central Intelligence" and the "Office of the
Director of Central Intelligence" is made. A possible aid in
this :regard would be more elaboration on the types of activi-
ties that would be included under the "Office of the Director
of Central Intelligence."
d. In that section dealing with SPECIAL ACTIVITIES AND
SENSITIVE COLLECTION ACTIVITIES, we find the language of
paragraphs (c) and (d) of Section 109 to be presumptive.
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While Congress clearly has the authority to restrict the
President in certain activities, this authority should be
reflected in more appropriate language.
e. Section 110 of the portion of the draft dealing with
REPORTING ON VIOLATIONS; INTELLIGENCE OVERSIGHT BOARD, it is
made clear that the heads of departments and agencies and
their Inspectors General and General Counsels are responsible
for reporting to the Intelligence Oversight Board. However,
we note the absence of any language which provides for the
direct reporting to the Intelligence Oversight Board by any
employee who feels he is compelled to step out of the normal
command channels in order to bring a questionable activity to
the attention of the Board. We believe consideration should
be given to the addition of language to the draft which would
clearly provide some statutory protection for an individual
exercising this prerogative.
%s/ Michael J. Masai ick
Michael J. Malanick
STATINTL AI/DDA -ydc (8 November 1977)
Distribution:
Original - Addressee
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4 November 1977
MEMORANDUM FOR: Deputy Director for Operations
Deputy Director for Science & Technology
Acting Deputy Director for Administration
Director for National Foreign Assessment Center
General Counsel
Inspector General
Comptroller
SUBJECT: Title I - National Intelligence Reorganization and
Reform Act of 1978
1. As you know, the Senate Select Committee on Intelligence has
provided us with drafts of some portions of its proposed legislative
charter for the Intelligence Community. As soon as we have the final
language cf the new Executive Order, it will be necessary for us to
put forward an Agency position on the proposed charter.
2. At Mr. Blake's request, OLC has prepared a draft of Title I -
Foreign Intelligence Activities. Its language draws on the definitions,
authorities and uties contained in the draft Executive Order. However,
you will find that, except for the definitions, there is less specificity
and detail.. It is believed that broader delegations of authorities and
responsibilities are appropriate in statutory language - that we should
avoid rigidities and excessive detail.
3. Mr. Blake would like to have any comments or suggestions on
Title I by COB, Tuesday, November 8.
25X1A
Attachment :
As stated
25X1A
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TITLE I -- Foreign Intelligence Activities
Sec. 101. Short Title
Sec. 102. Statement of Purposes
Sec. 103. Definitions
Sec. 104. Director and Deputy Directors of Central Intelligence
Sec. 105. Office of the Director of Central Intelligence
Sec. 106. General Authorities
Sec. 107. Authorities and Duties of the Director of Central
Intelligence
Sec. 108. Requirements Relating to Appropriations for Intelligence
Activities
'Sec. 109. Special Activities and Sensitive Collection Operations
Sec. 110. Reporting on. Violations; Int ligence Oversight Board
Sec. iii. Reporting to the Congress
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TITLE I
TITLE II
TITLE III
TITLE IV
TITLE V
TITLE VI
TITLE VII
TITLE VIII
;.v ATIONAL INTELLIGENCE REORGANIZATION AND
REFORM ACT OF 1978
Foreign Intelligence Activities
Counterintelligence Activities
Central Intelligence Agency
National Security Agency
Federal Bureau of Investigations
National Reconnaissance Activities
Restrictions on Intelligence Activities
Conforming Amendments
E. g. , Rep.~al of ?102 of the National Security Act of 1947,. as amended;
sources and methods legislation (Title 18 U. S. C. ); repeal of ?G&2 of the
Foreign Assistance Act of 1961, as amended; amendments to House and
Senate rules; necessary amendments to the Central Intelligence Agency
Act of 1949, as amended; and retention in Title I of this Act, CA the alien-
admission authority in section 7 of the CIA Act.
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TITLE I -- FOREIGN INTELLIGENCE .ACTIVITIES
SHORT TITLE
Sec? 101. This Title may be cited as the "Foreign Intelligence
Act of 1978.
STATEINIENT OF PURPOSES
Sec. 102. It is the purpose of this Act -.-
(a) to authorize the necessary foreign intelligence activities
and responsibilities of the United States;
(b) to insure that foreign intelligence activities of the United
States are properly and effectively directed, regulated, coordinated,
administered and executed;
(c) to provide for the effective oversight of foreign intelligence
activities of the United States, and to insure that the intelligence
activities of the United States do not infringe or violate rights
protected by the Constitution and laws of the United States;
(d) to provide for the appointment- of a Director and Deputy
Directors of Central Intelligence, and to assign and delineate
the duties of the Director, and to confer on the Director the authorities
necessary to fulfill those duties;
(e) to provide that the Director of Central Intelligence, and the
other officials of the Intelligence Community responsible for
intelligence activities of the United States, shall be accountable to
the President, the Congress and the people of the United States; and
(j) to provide the basis for insuring that the Government shall
have the intelligence information and analysis necessary to make
sound and informed decisions regarding the security and important
national interests of the United States.
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Sec. 103. As used in this Act
(a) The term "intelligence" includes:
(1) "foreign intelligence, "'which means information
relating to the capabilities, intentions and activities of foreign
powers, organizations or persons, but not including foreign
counterintelligence except for information on international
terrorist activities; and
(2) "foreign counterintelligence, " which means
information gathered and activities conducted to protect
against espionage and other clandestine intelligence activities,
sabotage, international terrorist activities or assassinations
conducted for or on behalf of foreign powers, organizations
or persons, and activities conducted abroad to protect
national security information and its means of collection from
detection by or disclosure to foreign powers, organizations
or persons, but not including personnel, physical, document,
or con- nunications security programs.
(b) The term "intelligence activity" is .a generic term used
to desc: ibe all activities undertaken by any agency within the
Intelligence Comm? pity relating to the collection, processing,
analysis, production, coordination or dissemination of intelligence,
and any activity in support thereof.
(c) The term "Intelligence Community" or "agency" or
"agencies within the Intelligence Community" means:
(1)
(2)
Central Intelligence Agency;
National Security Agency;
(3) Defense Intelligence Agency;
(4) Offices v,-ithin the Department of Defense for the
collection of specialized national foreign intelligence through
rea_onnaissance p-rocr ams;
of State;
(5) -Bureau of intelligence and Research of the Department
(6) Intelligence elements of the military services;
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(7) Intelligence elements of the Federal Bureau
of Investigation;
(8) Intelligence elements of the Department of the
Treasury;
(9) Intelligence elements of the Department of
Energy;
(10) Intelligence elements of the Drug Enforcement
Administration;
(11) The Office of the Director of Intelligence; and
(12) Such other entities as may be engaged in
intelligence activities and as designated by the President in
Executive Order.
(c) The term "intelligence-related activity" means any
activity by any entity of the Government which:
i1) responds to tasking from operational commanders
for tactical intelligence;
(2) is involved in the training of personnel for intelligence
activities;
(3) supports intelligence activities or responds to tasking
based on, national intelligence requirements and priorities;
(4) provides an intelligence reserve for mobilization
if requissred; or
(5) is engaged in research or development on or. of
intelligence systems or methodologies;
but which is not an agency within the Intelligence Community
and is not funded ,within the budget of an intelligence program.
(d) The term ''i:1ternatiional terrorist activity" shall have
si.ch meaning as provided in Executive Order.
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(e) The term "national foreign intelligence" means that
foreign intelligence produced under the aegis of the Director
of Central. Intelligence and intended primarily to be responsive
to the needs of the President, the National Security Council,
and other Executive Branch officials engaged in the formulation
and execution of national security and foreign relations policies
of the United States.
(f) The term "National. t oreign Intelligence :t'rog l ru"
includes the activities and resources of all agencies within
the Intelligence Community as designated by the President
and included in a consolidated budget so designated, but
does not include activities to acquire the intelligence required
for the planning and conduct of tactical operations by the United
States military forces.
(g) The term "national security information" means official
information or material designated pursuant to statute or
Executive Order as requiring protection against unauthorized
disclosure in the interest of the national security or foreign
relations of the United States.
(h) The term "sensitive foreign intelligence collection
operation" means any significant clandestine intelligence
activity relating to the collection of ffiP?eign intelligence
which, because of the circumstances surrounding its execution,
if revealed, would be likely to cause serious harm to the
national security or foreign relations of the United States.
(i) The term "special activity in support of national
foreign policy objectives" means any activity conducted
outside the United States which is designed to further official
United States programs and policies abroad and which is
planned and executed so that the role of the United States
Government is not apparent or acknowledged publicly, and
functions in support of such activity, but not including the
collection and production of intelligence or related support
functions.
(j/ The term "United States person" means a citizen of
the ilni=:ed States, an alien lawfully admitted for permanent
residence, an unincorporated association. organized in the
United States or substantially composed of United States
citizens or aliens admitted for permanent residence, or a
corporation incorporated in the United States, but not
including an unincorporated association or corporation
directed or controlled by a foreign power or persons,
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DIRECTOR AND DEPUTY DIRECTORS OF
CENTRAL INTELLIGENCE
Sec. 104. (a) There shal.Lbe a Director of Central
Intelligence (hereinafter in this title ref err. ed to as the
"Director") and. five Deputy Director-,q.-Of Central Intelligence
(herein-after referred to .in this- title as "Deputy Directors").
The Director and-e-Deputy Directors shall be appointed
by the President, by and with the advice and consent of the
Senate; Provided, that no person may serve as Director or
as a Deputy Director for a period of more than six years
unless such person is reappointed by the President, by and
with the consent of the Senate; and Provided further, that no
person who has served as Director or as a Deputy Director
by such appointment may be appointed to such position for
more than one additional six-year term.
(b) 'I 'he Deputy Directors shall assist the Director in
furtherance of his authorities and duties under this Act,
by perfo:^m.ing such functions as the Director may from time
to time assign or delegate; Provided, however, that the
Director shall designate one Deputy Director as primarily
nsible for the management of the Central Intelligence
respo
Agency; and Provided further, that the Director shall designate
one Deputy Director who shall act for, and exercise the powers
of the Director from time to time in his absence, and shall
establish the order in which the Deputy Directors shall act
for, and exercise the powers of, the Director in the event
of a vacancy in the position of the Director.
(c) The Director and Deputy Directors shall be appointed
from among the commissioned officers of the armed services,
whether in an active or retired status, or from among id'uals
in civilian life; Provided, however, that not. more than three of
the positions of the Director and the Deputy Directors shall Yee
occupied simultaneously by commissioned officers of the armed
services; and Provided further, that at no time shall the positions
of the Director and that Deputy Director designated as primarily
responsible for the management of the Central Intelligence Agency,
or that Deputy Director designated as first in order of succession
to actL for, and exercise the powers of, the Director in the event
of a vacancy in the position of the Director, be occupied
simultaneously by commissioned officers of the armed services.
jaf4jVtC_4 At-
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(d) If a commissioned officer of the armed forces is
appointed as Director or a Deputy Director, then
(1) In the performance of duties as Director or
a Deputy Director:
(1) Such officer shall be subject to no
supervision, control, restriction or prohibition
(military or otherwise) other than would be
applicable if the officer were a civilian in no
way connected with the Department of Defense,
a military department, or the armed forces of
the United States or any component thereof; and
(ii) Such officer shall not possess or exercise
any supervision, control, powers or functions (other
than such is possessed, or authorized or directed
to exercise, as Director or a Deputy Director).
with respect to the Department of Defense, a
military department, or the armed forces of the
United States or any component thereof, or with
respect to any of the personnel (military' or civilian)
of any of the foregoing.
(2) Except as provided in paragraph (1) of this sub-
section, the appointment to the office of Director or a Deputy
Director, of a commissioned officer of the armed forces, and
his acceptance of and service in such an office, shall in no way
affect an;' status, office, rank or grade he may occupy or hold
in the armed forces, or any emolument, perquisite, right,
privilege or benefit incident to or arising out of any such status,
office, rank or grade. Any such commissioned officer shall,
while serving in the office of Director or a Deputy Director,
continue to hold rank and grade not lower than that in which
serving at the time of his appointment 'and shall be compensated,
from funds appropriated to the Director, at the rate established
for such position.
(3) The rant or grade of any such commissioned officer
shall, during any period such officer occupies ':he office of
Director or a Deputy Director, be in addition to the numbers and
percentages authorized and appropriated for the military department
of which such officer is a. member.
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(4) The Director shall be entitled to the same
compensation prescribed by Section 5312 of Title 5, United
States Cede, for positions at level II of the Executive
Schedule. If a commissioned officer of the armed forces
is serving as the Director, he shall be entitled to the
difference, if -.ny,, between his regular military compensation
(as defined in Section 101(25) of Title 37, United States Code)
and the compensation prescribed by Section 5312 of Title 5,
United States Code, for positions at level II of the Executive
Schedule.
(5) A Deputy Director shall be entitled to the same
compensation prescribed by Section 5313 of Title 5, United
States Code, for positions at level III of the, Executive
Schedule. If a commissioned officer of the armed forces
is serving as a Deputy Director, he shall be entitled to the
difference, if any, between his regular military compensation
(as defined in Section 101(25) of Title 37, United States Code)
and the compensation prescribed by Section 5313 of Title 5,
United States Code, for positions at level III of the Executive
Schedule.
OFFICE OF THEE DIRECTOR
OF CENTRAL INTELLIGENCE
Sec. 105. (a) There is established under, and within the
office of, the Director of Central Intelligence an Office of the
Director of Central Intelligence (hereinafter referred to in
this Title as-the "Office of the Director") to assist the Director
in furtherance of his authorities and duties under this Act.
(b) The Office of the Director shall be staffed by civilian
and military personnel, whether in a commissioned or retired
status, as designated by the Director, and the Director is
authorized to employ such persons as necessary for the Office
of the Director to fulfill the duties assigned to it by the Director.
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Sec. 106. (a) Subject to the provisions of this Act,
and only as provided by this Act, the agencies within the
intelligence Community are authorized to engage in
intelligence activities, under the direction of the National
Security Council.
(b) Participation in and support to national intelligence
activities shall be the priority mission of all agencies
within the Intelligence Community, but subject to the
provisions of applicable titles of this Act, agencies within
the Intelligence Community that are integral entities of
Federal departments are authorized to engage in departmental
intelligence activities and intelligence-r. elated activities, and
intelligence organizations within the Department of Defense
are authorized to engage in tactical intelligence activities.
(c) Appropriate senior officials of agencies within the
Intelligence Community, in discharging their responsibilities,
shall insure that all activities for which they are responsible
are carried out in accordance with this Act, other laws of
the United States, and the Constitution of the United States; and
Provided, that such officials shall report on possible violations
of law by employees or officers within their agencies or
departments, in accordance with section 110 of this Title.
AUTHORITIES AND DUTIES OF THE
DIRECTOR OF CENTRAL INTELLIGENCE
Sec. 107. (a) The Director of Central Intelligence, under
the direction of the National Security Council, shall be the
pincipal intelligence officer of the United States and shall
be the principal adviser to the President and to the National
Security Council on foreign intelligence matters; and the
Director, in appropriate consultation with agencies in the
Intelligence Community, shall be the principal spokesman
to the Congress for the Intelligence Community and on
national intelligence matters.
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(b) In carrying out his duties under this Act the Director
shall, under the direction of the National Security Council,
have primary authority within the Government for foreign
intelligence matters, as defined in this Act, and shall be
kesponsi.ble for the guidance and coordination of national
foreign intelligence activities of the Government.
(c) The Director shall head the Central Intelligence
Agency, as established and provided for under Title III
of this Act.
(d) It shall be the duty of the Director to collect,
produce, analyze, coordinate and disseminate, within the
Government, foreign intelligence; Provided, that the Central
Intelligence Agency shall support the Director in carrying
out these duties; and Provided further, that in carrying out
these duties, the Director shall:
(1) have authority to levy analytical tasks on
departmental intelligence production organizations, in
appropriate consultation with agencies within the Intelligence
Community, and in so doing, the Director shall insure that
national. foreign intelligence products .arcs accurate, timely
and relevant;
(2) establish, direct, operate and control a national
tasking organization, pursuant to Executive Order;
(3) promote the development and maintenance of
services of common concern by foreign intelligence organizations
on behalf of the Intelligence Community;
(z) formulate policies with respect to intelligence
arrangements with foreign governments, and coordinate
intelligence relationships between the various agencies of
the Lu:telligence Community and foreign intelligence or internal
security services of foreign governments;
(5) develop, consistent with the requirements and
priorities established by the National Security Council, such
goals, objectives and other guidance for the Intelligence
Community as will enhance capabilities to respond to national
foreign intelligence needs;
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(6) provide, as appropriate, intelligence to departments
and agencies not within the Intelligence Community; and
(7) establish, as =appropriate, such committees or other
advisory groups to assist in the execution of the foregoing
responsibilities.
(e) The Director shall, under the provisions of this.Act,
insure appropriate implementation of special activities and
sensitive collection operations.
(f) -Notwithstanding the provisions of any other law, the
Director may, in his discretion, terminate the employment
of any officer or employee of the Central Intelligence Agency
or of the Office of the Director, whenever he shall deem such
termination necessary or advisable in the interests of the
United States, but such termination shall not affect the right C
of any such officer or employee to seek or accept employment
in any other department if declared eligible for such employment
by the United States Civil Service Commission.
(g) The Director shall have full @.zad exclusive authority for
approval of the -National Foreign Intelligence Program budget
submitted to the President through the Office of Management
and Budget and, after approval by the President, the Director
shall present and justify the budget to the Congress; Provided,
that this authority shall be carried out pursuant to procedures
established by Executive Order.
(h) The Director shall be responsible for protecting
intelligence sources and methods against unauthorized disclosure,
and shall insure the development and coordination of programs
which properly protect intelligence sources and methods
consistent with relevant Executive Orders and this Act.
U) The Director shall conduct a program to protect
against ov e~'"-elassi-Ficatiof of foreign intelligence information,
and to downgrade and declassify foreign intelligence information
as appropriate ad consistent with relevant Executive Orders
and with due regard to protection of intelligence sources and
methods.
(j) The Director shall, on a continuing basis, review and
evaluate all ongoing and proposed national intelligence activities
in order to insure that such activities are carried out in
accordance with this Act, other la :ors of the United States, and
the Constitution of the United States.
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(k) The Director shall be responsible for reporting to
the Congress pursuant to section 109(e) and section 111 of this
Title.
(1) The Director, in appropriate consultation with the
agencies within the Intelligence Community, shall act as the
principal spokesman for the Intelligence Community to the news
media and the public on matters concerning national foreign
intelligence and provide information to the media and the public
consistent with national security considerations.
(m) Participate with the Attorney General and the legal
officers of the agencies within the Intelligence Community
in the development of procedures required to be approved by
the Attorney General governing the conduct of national foreign
intelligence and foreign counterintelligence activities, and
concerning the requirements of section 110 of this Title.
(n) To assist the Director in the fulfillment of responsibilities
assigned in this section, the heads of all Executive Branch
departments and agencies, in accordance with law, relevant
Attorney General procedures and relevant Executive Orders,
shall give the Director access to all information relevant to the
national foreign intelligence needs on- he United States;
Provided, that the Director shall take appropriate steps to
maintain the confidentiality of such information.
REQUIREMENTS RELATING TO APPROPRIATIONS
FOR INTELLIGENCE ACTIVITIES
Sec, 108. (a) No funds may be appropriated for any fiscal
year beg? ring after September 30, 1978, for the purpose of
carrying out any national intelligence activity unless such
funds have been previously authorized for such activity by
legislation enacted during the same fiscal year or the two
fiscal years immediately preceeding that for which they are
appropriated, except that the foregoing limitation shall not
apply to funds appropriated by any continuing resolution.
(b) The Director shall establish guidelines under which
proposed reprogramming of funds for the national intelligence
activities of the United States shall require his prior approval.
Following the appropriation of funds for such activities, the
heads of each entity of the Intelligence Community shall advise
the Director of any proposed transfer of funds to or from such
entity required by the guidelines established by the Director.
The Director shall review each proposal and his approval
shall be required for any such transfer or repro ramming.
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(c) The Director is authorized to establish a fund to
be knot=rL as the Reserve for Contingencies (hereinafter
referred to in this section as the "Reserve") and to credit to
such fund only such newly appropriated monies as are
specifica_!dly appropriated to the Director for such fund.
The Director is authorized to expend funds From the
Reserve in any fiscal year for the payment Of emergency
and extraordinary expenses incurred in connection
with any national intelligence activity only if
(1) the expenditure has been previously approved
by the O: fice of Management and Budget; and
(2) the appropriate committees of the Congress*
are kept fully and currently informed of all significant
expenditures; Provided, that the foregoing shall not be
construed as requiring the approval of any committee
of the Congress prior to the implementation of any such
activity.
(d) Any monies in the Reserve approved for expenditure
under the provisions of paragraph (c)--of the section but not
actually expended for the specific purpose for which approved
shall re.:-rain in or revert to the Reserve; and, any activity
funded fronn the Reserve which continues after the end of
the fiscal year in hick such activity was initiated shall
be funded thereaf'err through the regular budgetary process
at. the earliest practicable time.
(e) The Director may expend. funds appropriated to him
for objects of a confidential, extraordinary or emergency
nature, not including expenditures from the Reserve pursuant
to paragraph (c) of this section, and such expenditures shall.
be accounted for solely on the certificate of the Director and
every such certificate shall be deemed a sufficient voucher
for the amount certified therein.
:=The appropriate com-+ZmiLtees of the Congress for. purposes
of this Acct shall' be the Appropriations Committees of the
House and the Senate, the Senate Select Committee on
Intelligence and the House .Permanent Select Committee
on IaLcl Ldgence.
c
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SPECIAL ACTIVITIES AND SENSITIVE COLLECTION
ACTIVITIES .
Sec. 109. (a) The President shall establish a committee
within the National Security Council to reviewv aad make
recommendations to him concerning each special activity
in support of national foreign policy objectives (hereinafter
in this Title referred to as "special activity") and each
sensitive foreign intelligence collection operation (hereinafter
in this Title referred to as "sensitive collection operation"),
and 'he shall designate the membership and chairman of the
cormriittee; Provided, that the Director shall serve on such
committee.
(b) The committee established pursuant to paragraph (a)
of this section shall consider, develop and submit to the
President written recommendations on each special
activity and sensitive collection operation, and on each significant
proposed change thereto; and, further, the committee, after
approval by the President, shall direct the implementation
of such special activity or sensitive collection operation
in accordance with this Act.
(c) No proposed special activity, or significant change
thereto, may be approved by the President unless he shall
significant change thereto, is important to the. national
security of the United States and is consistent with the
foreign policy goals of he United States.
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ll
d
fr
,
on oper
sens
ve co
ec
o propose
(d)
significant change thereto,_rnay"IYe approved by the President
unless he shall make a written finding that such proposed
operation, or significanhange--th-eeto, is intended to
obtain ? nformation important to the national security or
foreign policy interests of the United States, and that overt
or a less sensitive collection operation would be unlikely
to accomplish the objective.
The committee established pursuant to paragraph (a)
of this section shall review annually each special activity
or sensitive operation conducted by any agency within the
Intelligence Community, to determine the necessity for
continuing such activity or operation and for advising the
President thereon; and the Director shall report to the
appropriate committees of Congress the results of such review.
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 Approved For Release 2002/01/08 : CIA-RDP80-00473A000400050008-9
REPORTING ON VIOLATIONS; INTELLIGENCE
OVERSIGHT BOARD
SS ecc. 110. (a) The heads v departments and agencies within
the Intelligence Community -ad_,an Inspectors General and
General Counsels shall be responsible for reporting in a
timely manner to the Attorney General and to the Intelligence
Oversight Board established by this section, cort.ceroing any
foreign intelligence or foreign counterintelligence activity
that comes to their attention which may constitute a violation
of any law of the United States, or of any right guaranteed or
protected by the Constitution of the United States, or of any
Presidential Directive; Provided, that the Attorney General
and the Intelligence Oversight Board shall advise the President
and each other of any such activity which, in their view,. . .
constitutes a violation of any law of the United States or of
any right guaranteed or protected by the Constitution of the
United States; and Provided further, that the Attorney General
shall :report periodically to the Committees on Intelligence
of the Congress concerning activities which, in the view
of the Attorney General constitute violations of any law of
the United States or of any rights guaranteed or protected
by the Constitution of the United States.
(b) The heads of departments and agencies within the
Intelligence Community shall formulate and implement,, in
consultation ww ith the Attorney General and the Intelligence
Oversight Board, procedures to discover and report on
activities that may constitute violations of any law of the
United States, or of any right guaranteed or protested by
the Constitution of the United States, or of any Presidential
Directive.
`Where shall be under the direction of the President,
(
a
the Intelligence Comrr:unity; and Provided Lurncr,
Member shall be designated by J:hhe President as chairman.
c. 1 r
an Intelligence Oversight Board (herein. after in this sec-
tion ?eferred to as the "Board"), consisting of three mem-
bers appointed by the President from outside the Government;
Provided, that no member of the Board shall have any
financial or contractual relationships with any agency within
t one
th
C
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 . ^ I Approved For Release 2002/01/08 : CIA-RDP80-00473A000400050008-9
(d) The Board shall receive and consider all reports by
the Att-arney General, the heads of any agency within the
intelligence Community.., and the Inspectors General or
General Counsels of any agency within the Intelligence
Community submitted pursuant to paragraph (a) of
this section; Provided, that the Board also shall receive
and consider notifications, by the Inspectors General
and General Counsels of agencies within the Intelligence
Community, of any occasion when such official is directed
by the head of the agency involved not to report any
activity pursuant to paragraph (a) of this section.
(e) The Board is authorized to employ such personnel
as may be necessary to carry out its functions under this
section; Provided, that no such person shall have any
financial or contractual relationship with any agency within
the Intelligence Community.
(f) The Board shall, upon the request of any member,
be granted access to all information relevant to any
activity covered by this section in order to carry out its
duties under this Act.
REPORTING TO THE CONGRESS
Sec., 111. (a) The Director and the heads of agencies
within the Intelligence Community shall cooperate with the
Intelligence Committees of the Congress on matters within
the jurisdiction of those Committees, with due regard for
the statutory responsibility of the Director for the protection
of intelligence sources and methods and for all other relevant
legal duties and responsibilities; and Provided, that the
Director and the heads of agencies within the Intelligence
Community shall:
(1) keep the Committees currently informed with
respect to intelligence activities including signi_ficarxt
anticipated activities; Provided, however, that this does not
constitute a condition precedent to the implementation of
any such activity;
(2) furnish to the Committees such information
.Within the custody or control of the agencies within the
Intelligence Community relating to intelligence acttviti/e
as may he requested by the Committees; and
(3) report to the Committee information relating
to intelligence activities that may be illegal or improper
and corrective actions that are taken or planned,
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