NATIONAL INTELLIGENCE ACT OF 1977

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83T00573R000600010001-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 27
• Document Creation Date: December 12, 2016
• Document Release Date: December 22, 2001
• Sequence Number: 1
• Publication Date: March 28, 1977
• Content Type: REGULATION

3/2.8/77
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dMI-1 lo
t s r Srssrorr
IN THE SENATE OF THE UNITED STATES
bl .. --------------------------------- -------------- -_ _ _?_ _._.
introduced the following bill; Which was read twice a i roferl'ed to the Committee on
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BELL
To improve, the national. intelligence system of the United States by
the establishment of a statutory basis for the national intelligence-
activities of the United States, and for other purposes.
Be it t:;? wrcd b- the Senate and House of Representatives of the United States o
America in G'ougress rzsseyrtliled, That this Act may be-cited as the
"National Intelligence Act of 1977".
Sec. 2. It is the purpose of this Act--
(1) to insure that all intelligence activities of the
United States are properly and effectively directed, regulated,
coordinated, and administered;
(2) to provide the executive and legislative branches of
the government with such accurate, relevant, and timely
information and analysis as may be necessary to enable
such branches to (A) make sound and in'forred decisions regarding
the security and vital interests of the United States, and (B)
protect the United States against foreign espionage, sabotage,
clandestine intelligence activities, assassination, terrorism,
and other forms of foreign aggression; and
(3) to insure that the intelligence activities of the
United States do not infringe upon or violate those individual
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rights protected by the Constitution or laws of the United
States.
DEFINITIONS
Sec. 3. (1) The term "intelligence activities" means-
(A) the collection, processing, file retention, analysis,
production, or dissemination of information, including
political, economic, scientific, technical, military, cultural.,
sociological, and geographic information which relates to
any foreign country, or any government, political group,
party, military force, movement, or other association of
persons in such foreign country, and which relates to the.
defense, foreign policy, national. security, or related policies
of the United States, and any activity which is in support
of any of such collection, processing, file refiontian.,
analysis, production, dissemination, or use of information;
(B) any counterintelligence activity;
(C) an
i
y spec
al activity;.
(D) -;< P sensitive clandestine collection project.
~,. national intelligence" means information
and analyS48 relating to the national defense, the national
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f: .
security, or the foreign policy interests of the United States
C.'.A
and which are used primarily by national r o:[ icymakers. Such
term does not include information and analysis which are
used primarily by department or agency heads or tactical
commanders of the armed forces of tfie United States and which
have no significant national policy-making purpose.
(3) The term "national intelligence activity" means
special activities and intelligence activities conducted for
the purpose of producing national intelligence, including
activities of (A) the Central Intelligence Agency, (B) the
Defense Intelligence Agency, (C) the. National Security Agency,
(D) the intelligence components'of the Federal Bureau of
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Investigation, (E) the Special Offices for Reconnaissance
Activities, (F) the Bureau of Intelligence and Research of
the Department of State, (G) the intelligence components of
the Department of the Treasury, (H) the intelligence components
of the Energy Research and Development Administration, and
(I) such other activities as the President shall designate.
(4) The terms "departmental or tactical intelligence"
means information
and analysis which are used primarily by department or agency
heads or tactical commanders of the armed forces of the
United States and which have no significant national policy-
making purpose.
(5) The terms "departmental. or tactical intelligence
activities" means .S _
intelligence activities (other than special activities)
for the purpose of producing tactical or departmental intelli-
gence.
(6) T~_! term nrei ligence Community of the United
States?'~:.; all entities of the Federal Government to the
extent thnr- w_uch entities are engaged in national intelligence
activities, including, but not limited to (A) the Central
Intelligence Agency, (B) the Defense Intelligence Agency,
(C) the National Security Agency, (D) the intelligence compon-
ents of the Federal Bureau of Investigation, (E) the Special
Offices for Reconnaissance Activities, (F) the Bureau of
Intelligence and Research of the Department of State, (C) the
intelligence components of the Department of the Treasury,
(H) the intelligence components of the Energy Research and
Development Administration, and (I) such other entities as are
engaged in. national intelligence activities as designated by
the President. .
(7) The term "national of the United States" means (A) a
citizen of the United States, or (B) a person, though not a
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citizen of the United States who owes permanent allegience to
the United States.
(8) The term "counterintelligence activities" means
the collection, processing, file retention, analysis, produc--
tion or dissemination of information which relates to the
attempt by any foreign country, or any government, political
group, party, military force, movement, or other association
of persons in such foreign country to obtain, information
which relates to the defense, foreign policy, national
security or related policies of the United States, and any
related support activity.
(9) The term "special. activities" means activities other
(11) The term "Attorney General" means the Attorney General
than the collection, correlation, production, and dissemin-
ation of information and analysis and related support
activities which are (A) designed to further United States
programs and policies abroad, (B) planned and executed so
that the _ of the.United States Government is not apparent
or publici;- . oknowled- ed, and (C) carried out by any entity
of the Intelligence Community of the United States under
the direct io;n and control of the National Security Council.
.(10) The term "sensitive clandestine collection project"
means any secret intelligence collection activity which if
discovered or revealed might cause sign_ifican.t harm or
embarrassment to the United States or cause a significant
adverse reaction from another country.
of the United States. -
(12) The term "continuing resolution" means a joint
resolution of the Congress appropriating funds for one or more
departments or agencies of the government for a temporary
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period of time pending the enactment of the regular
appropriation Act or Acts for such departments or agencies.
NATIONAL INTELLIGENCE ACTIVITIES; AUTHORIZATION
Sec. 4. (a) The entities of the Intelligence Community
of the United States are authorized to engage in national
intelligence activities which shall be subject to the
direction and control of the National Security Council.
(b) It shall be the function of the 'entities of the
Intelligence Community of. the United States to collect,
process, analyze, and disseminate, to the executive and legis-
lative branches of the government, accurate, relevant, and
timely information and analysis. It shall also be the function
of the entities of the Intelligence Community of the United
States.to engage in special activities, subject'ito the
provisions of Section 11 of this Act and in counteridtelligence
activities, subject to the guidance of the Counterintelligence
Committee established pursuant to Section 12 of this Act.
DIRECTOR AND DEPUTY DIRECTOR
Sec. There shall be a Director of National
Intelligence (hereinafter referred to as the "Director"). There
shall also be a Deputy Director of National Intelligence to
.assist the Director in carrying out his functions under this
Act and to act in the'place of the Director during the
absence 'or disability of the Director.
(b) The Director and the Deputy Director shall be appointed
by the President, by and with .the advice and consent of the
Senate, and each shall serve at the pleasure of the President.
No person may serve, _as,.'Dire c,t.or or Deputy Director for a
period of more than six years unless such"person is reappointed
by the President, by and with the advice and consent of the
Senate. No person who has served as Director or Deputy Director
for a period of less than six years and is subsequently
appointed or reappointed to that same office may serve in that
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office under such appointment or reappointment for a term
of more than six years. In no event may any person serve as
Director or Deputy Director for more than a total of
twelve years. At no time shall the two positions of Director
and Deputy Director be occupied simultaneously by commissioned
officers of the armed services whether in active or retired
status.
(c) (1) If a. commissioned officer of the armed forces is
appointed as Director, or Deputy Director, then--
(A) in the performance of his duties as Director
or Deputy Director, he shall be subject to no supervision,
control, restriction, or prohibition (military.,or other-
wise) other than would be operative with respect to him
if he were a civilian in no way connected wqit:h the
Department of the Army, the. Department of the Navy, the
Department of the Air Force, or the armed forces of the
United States or any component thereof; and
(3) such officer shall not possess or exercise any
supe--.r-sion, control, powers, or functions (other than
such as he possesses, or is authorized or directed to
exercise, as Director, or Deputy Director) with respect
to the armed forces or any component thereof, the
Department of the Army, the Department of the Navy, or the
Department of the Air Force, or any branch, bureau, unit,
or division 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 subsection,
the appointment to the office of Director, or Deputy Director,
of a commissioned officer of the armed. forces, and his
acceptance of and service in such office, shall in no way
affect any status, office, rank, or grade-he may occupy or
hold in the armed forces, or any emolument, perquisite, right,
privilege, or benefit incident to or arising out of any such
status, office, rank, or grade. Any such commissioned officer
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shall, while serving in the office of Director, or Deputy
Director, continue to hold rank and grade'not lower than that in
which serving at the time of his appointment and to receive
the military pay and allowances (active or retired, as the
case may be, including personal money allowance) payable to
a commissioned officer of his grade and length of service for
which the appropriate department shall be reimbursed from
any funds available'to the Director. Such officer shall
also be paid from such funds an annual compensation at a
rate equal-.:to the amount by which the compensation. established
for such position exceeds the amount of his annual military
pay and allowances, if any.
(3) The grade-of any such commissioned officer shall,
during any period such officer occupies the office of Director,
or Deputy Director, be in addition to the. numbers authorized
by law for such grade for the military department of which
such officer is a member.
?';, e
(5) Director shall be compensated at the grade of
basic pay payable for positions to which section 5312 of
Title 5, United States Code, is applicable.
AUTHORITY AND DUTIES OF THE DIRECTOR
Sec. 6. (a) It shall be the duty of the Director, under
the direction and control of the National Security Council,
direct and control the national intelligence-activities
of the United States. The President shall determine, with
the guidance and assistance of the National Security Council
and the Director, which intelligence activities of the United.
States constitute national intelligence activities subject
to the direction and control of the Director.
(b) The Director is authorized to review all departmental
or tactical intelligence activities and all intelligence-related
activities of the United States.
(c) The Director shall make such recommendations to the
President, the National Security Council, and the appropriate
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committees of the Congress as he deems appropriate regarding
any intelligence activity or any proposed intelligence
activity of the United States.
(d) The Director shall al.so--
(1) serve as the President's primary advisor on
matters relating to national intelligence and provide
the President, other officials of the executive branch
of the government, and the Congress with accurate,
relevant, and timely information and analysis;
(2) keep the President and the committees of
Congress having jurisdiction over matters relating to
national intelligence activities fully and currently
informed of all national intelligence activities of the
United States which are the responsibility of or are
engaged in by any entity of the Intelligence-Community
of the United States or any agent of any such 'entity,
including (A) any significant anticipated national
into' e ce activity, including any anticipated- special
act::.'-_ , sensitive clandestine collection project, or
signii-cant counterintelligence activity, and (B) any'
intelligence activity carried out for or on behalf of
,the United States by or through any foreign government or
by any agent of any foreign government; but the foregoing
shall not be construed as requiring the approval of
any committee of the Congress"prior to the implementation
of any such anticipated national intelligence activity;
(3) keep the President, the'National Security Council,
and the appropriate committees of the Congress informed.'
on the relationship between national intelligence activities
and the departmental and tactical intelligence activities
of the United States and all intelligence-related
activities of the United States;
(4) direct and coordinate the national intelligence
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activities of the United States and through the provision
of guidance to the head of each entity in the Intelli-
gence Community of the United States, insure their
efficient management;
.(5) prepare an annual budget for presentation to the
President which includes funds for all national intelli-
gence activities of the United States, and present th,e
budget, as approved by the President, to the Congress;
(6)
allocate
all funds appropriated for carrying out
national intelligence activities;
(7) establish requirements, develop plans, and
assign priorities for all national intelligence activities
of the United States, taking into account the need for
the intelligence components of departments and agencies
of the government to also perform departmental and
tactical, intelligence activities assigned. by the heads.
of 'departments and agencies;
t evaluate current and proposed intelligence
activities to insure the efficient use of intelligence
resources and the fulfillment of national intelligence
.requirements established pursuant to clause (7);
(9) make recommendations for, and implement such
review procedures as are consistent with the provisions of
this Act and necessary for the" effective review and
evaluation of proposals for, and the monitoring and
periodic review of,.all sensitive clandestine collection
projects, special activities, and counterintelligence
activities, and coordinate all clandestine collection of
intelligence utilizing human sources.
(10) coordinate with the Attorney General the activities
of the entities. of the Intelligence Community of the
United States directed against foreign espionage, sabotage,
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clandestine intelligence ric.tivities, assassinations, or
terrorism, under the direction of the Counterintelligence
Committee established pursuant to Section 12 of this Act,
in order to insure their effectiveness and that they
safeguard and do not abridge any right guaranteed or
protected by the Constitution or laws of the United
States;
(11) receive, correlate, analyze, and evaluate all
national intelligence, taking into account the need to
insure that diverse points of view are heard and considered;
(12) produce the National Intelligence Estimates
and Special National Intelligence Estimates 'of-the United
States for the President and the Congress.
(13) supervise the timely dissemination of national
intelligence to the Congress and to all appropriate
departments and agencies of the government, except that
no dissemination shall be made of any such national
irate?. ?_ -r e ,ce *hi h ?w, duly infringes upon the privacy of
any , _ final of the United States or which violates any
right -_aranteed or protected by the Constitution or
laws Of the United States;
(14) make every reasonable effort to furnish to the
departments and agencies concerned and to all tactical
commanders of the armed forces of the United States all
relevant national intelligence-. It shall be the responsi-
bility. of the heads of departments and agencies of the
government and all tactical commanders of the armed forces
of the United States to insure that national intelligence
obtained by such departments and =agencies and tactical'
commands of the armed. forces of the United States is
promptly furnished to the Director of National Intelligence;
(15) be responsible for all relationships between the
various entities of the Intelligence Community of the
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United States and the foreign intelligence or internal
security services of foreign governments, including any
agreements, arrangements, or understandings governing
such relationships; but no entity of the Intelligence
Community of the United States shall pay, cause, or
encourage any foreign government or any agent of any
foreign government to engage in any activity which such
entity of the Intelligence Community of the United
States is prohibited from engaging in;
(16) submit all agreements, arrangements, and under-
standings described in clause 15 to the appropriate
committees of Congress for review as required by law;
(17) assign to a single entity of the Intelligence
Community of the United States responsibility for any
service which is of common concern to more than one such
entity and which can be,'more effectively performed by
one such entity;
develop security standards for the management
and :: at ing of national intelligence, for the granting
of ac: ~s to such national intelligence, and for entering
into such lawful security agreements as are necessary
for -the= protection of properly classified intelligence
source; and methods; provided, however, that the head
of each entity of the Intelligence Community of the
United States shall be responsible for implementation
of such standards and for the protection. from unauthorized
disclosure of properly classified information and material
in the custody of such entity;
(19) establish, in consultation with the Attorney
General, procedures for the lawful protection, retention,
disclosure, and dissemination of information acquired by
the various entities of the Intelligence Community of
the United States, but no such information may be retained,
disclosed, or disseminated if it unduly infringes upon the
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privacy of any national o[- the United States or if it
violates any right guaranteed or protected by the
Constitution or laws of the United States;
(20) be responsible for (A) the establishment of
security standards, priorities, and practices for the
protection of United States communications, (B) monitoring
the implementation of such standards, priorities, and
practices by the departments and agencies of the govern-
ment and contractor facilities concerned, and (C) taking
all reasonable'steps recommended by the Attorney General
to protect the privacy of such communications;
(21) formulate,' in consultation with the'Secretary
of Defense, plans providing for use by the Secretary of
Defense of such elements of the Intelligence Community
of the United States as may be required in time of war;
(22) terminate the employment of an officer or
employee of the Central Intelligence Agency, the National
Secu.a:ty Agency, or the Special Offices for Reconnaissance
whenever the Director considers such termination necessary
or advisable in the interests of the United States,
notwithstanding provisions of title 5, United States
Code, or any other provision of law, but such termination
shall not affect the right of such officer or employee
to seek or accept employment in any other department
or agency of the Government if declared eligible for such
employment by the United States Civil Service Commission;
(23.) assure (on the basis of advice given by the
Attorney General) that the intelligence activities of the
United States serve to safeguard and. do not abridge any
right guaranteed or protected by the Constitution or laws
of the United States;
(24) review the reports of the internal inspection
units of the en ti.ties within the Intelligence Community
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of the United States; and
(25) provide such administrative,' technical, and
support activities in the United States and abroad as may
be necessary to carry out effectively and efficiently
the duties of the Director and the entities of the
Intelligence Community of the United States.
(e) Nothing in this Act shall be construed to prohibit
any department or agency of the government from collecting,
evaluating, and disseminating departmental or tactical int.elli.-
gence if such department or agency is otherwise authorized to
do so; and nothing in this section shall be construed to
prohibit any entity of the Intelligence Community of the
United States from producing its own analyses of national
intelligence, but any such analyses shall be promptly submitted
to the Director.
ASSISTANT DIRECTORS; STAFF; COMMITTEES AND BOARDS
Sec. 7. (a)(1) The President is authorized to appoint,
by and .Till`- the advice and consent of the Senate, not more
than four .;sistant Directors of National Intelligence.
(2) The Assistant Directors of National Intelligence
shall perform such duties as the Director shall prescribe.
Such duties may include, but shall not be'limited to (A) the
coordination and assessment of the analysis, evaluation,
product' duct and dissemination of national intelligence, (B) the
review of proposals for, and the monitoring and direction of,
clandestine collection, special activities, and counterintelli-
gence activities, (C) the planning, development, and management
of United States technical collection systems, and (D) the
administration of the office of the Director of National
Intelligence and the entities of the Intelligence Community of
the United States.
(b) The Director is authorized to employ such personnel as
may be necessary to assist in carrying out his responsibilities
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as Director of National Intell.-Ugence. Such. staff may include,
but shall not be limited to, persons employed by any entity
of the Intelligence Community of the United States
(c) The Director is also authorized to establish such
.committees or boards as may be necessary to carry out
effectively the provisions of this Act, including, but not
limited to, committees or boards of intelligence collectors,
producers, and consumers.
(d) The Director is also authorized to establish such
advisory committees as may be necessary to provide expert
advice regarding the administration of this Act'. The names
of all persons appointed to serve 'on any such advisory
committee shall be submitted to the. committees of the Congress
having jurisdiction over matters relating to the national
intelligence activities of the United States and, except when
to do so would compromise the national security of the United
States, the names of such persons and a description of the
committee c- committees to which they are appointed shall be
published -in the Federal Register.
REPORT OF VIOLATIONS
Sec. 8. (a) The Director shall report to the Attorney
General immediately upon the discovery of any intelligence
activity which may constitute a violation of any right
guaranteed or protected by the Constitution or laws of the
United States, or of any other violation of law, or of any
violation of an executive order, presidential directive, or
departmental or agency rule or regulation.
(b) The Director and the Attorney General shall report,.
in a timely manner, to the President and to the appropriate
committees of the Congress any violation described in sub-
section (a).
RECORDS
Sec. 9. (a) The Director shall maintain a complete
record of all authorities, regulations, and guidelines affecting
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the national intelligence activities of the United States.
A complete copy of such record shall be maintained in the
National Archives and Records Service, General Services
Administration, under conditions,-sufficient to protect the
national security of the United States. The Director shall
make copies of such record available, upon request, to any
committee of the Congress having jurisdiction over matters
relating to national intelligence activities.
(b) The Director shall maintain a complete record of
all decisions and implementing orders pertaining to the
intelligence activities of the United States under his juris-
diction. The Director shall make copies of such record
available, upon request, to any committee of the Congress having
jurisdiction over matters relating to national intelligence
activities.
REQUIREMENTS RELATING TO APPROPRIATIONS FOR
NATIONAL INTELLIGENCE ACTIVITIES
Sec. 10. (a) No funds may be appropriated for any fiscal
year beginn_n after September 30, 1977, 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
fiscal year immediately preceding the fiscal year for which
they are appropriated, except that the foregoing limitation
shall not apply to funds appropriated by any continuing
resolution. The Congress and the President shall make available
to the public information regarding funds appropriated and
expended for intelligence activities of the United States to
the extent required by Article I, section 9, clause 7, of the
Constitution of the United States.
(b)(l) All funds for carrying out the national intelligence
activities, of the United States shall be appropriated to the
Director.'
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(2) Funds may be appropriated to the Director to cover
matters relating to national intelligence activities of a
confidential, extraordinary, or emergency nature; and the
expenditure of such funds shall be accounted for solely on
the certificate of the Director. Every such certificate shall.
be deemed a sufficient voucher for the amount certified therein.
All other funds appropriated to the. Director and all national
intelligence activities, and information relating thereto, shall
be subject to financial or management audit and review,
subject to appropriate security standards, by the Comptroller
General of the United States upon the request of any committee,
of Congress having jurisdiction over matters relating to
national intelligence activities, and information resulting.
from any such financial or management audit and review shall
be available only to such committees of the Congress.
(c) The Director is authorized to establish a Contingency
Reserve Fund and to credit to such fund any sums of money
specific. appropriated to the Director for such fund. The
Director : .=;.urhorized to use funds from the Contingency
Reserve Fur to cover the expense in any fiscal year of any
national intelligence activity not anticipated at the time the
President's budget for such fiscal year was submitted to the
Congress and which the Director certifies are necessary to
be protected against unauthorized disclosure. However, funds
from the Contingency Reserve Fund may be expended only if
the expenditure: has been previously approved by the Office
of Management and Budget and only if the appropriate committees
of the Congress are notified of the proposed expenditure at
least 72 hours in advance of the expenditure and the specific
purpose, authorized under this Act, for.which such funds are
to be expended.
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SPECIAL COORDINATIN ; COMu1TTTEE FOR THE
REVIEW OF CLANDESTINE ACTIVITIES
Sec. 11. (a) The President shall establish within the
National Security Council a committee to be known as the
Committee on Clandestine Activities (hereinafter in this
section referred to as the "Committee").
(b) The Committee'shall be composed of--
(1) the Secretary of State;
(2) the Secretary of Defense;
(3) the Director;
(4) the Assistant to the President for National
Security Affairs;
(5) the Chairman of the Joint Chiefs of Staff;
~uY l
(6) the Attorney General; and
(7) such other individuals as the President may
designate.
(c) The President shall designate 'a chairman of the
Committee.
(d) c-:i member of the Committee shall designate a
representat' ve to attend' any meeting of the Committee-which"
such member is unable to attend. The representative of a
voting member is authorized, to vote on all matters considered
by the Committee.
(e) (1) It shall be the function of the Committee to
consider any proposed special activity and any proposed sensitive
clandestine collection project to be carried out by any entity
of the Intelligence Community of the United States or by any
foreign government or any agent of any foreign government 61 -1.
behalf of the'United States, to consider any proposed
significant change in any ongoing special activity or sensitive
clandestine collection project , and to advise
the President with respect to such proposed activity, project,
or change, as the case may be. No proposed special activity,
proposed sensitive clandestine collection project, or significant
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change in any ongoing special activity or sensitive clandestine
collection project may he carried out unless the Committee
has considered such activity, project, or change, advised the
President thereon, and the President has approved such
proposed activity, project, or change.
(2)> It shall also be the-function of the Committee to
conduct a review at least annually of all ongoing special
activities and sensitive clandestine collection project-s
being carried out by entities of the Intelligence Community
of the United States or by any foreign government or any agent
of any foreign government on behalf of the Untied States
for the purpose of determining the necessity for continuing
such activities and projects and making recommendations to
the President regarding such activities and projects.
(f) No proposed special activity may be approved by
the President unless he finds that--
(1) such proposed activity is necessary because of
a grave threat to the national security of the United
States ,
(2) such proposed activity is consistent with
publicly expressed and defined foreign policy goals of
the United States; and
(3) overt activity would be unlikely to accomplish the
objective intended to be accomplished by such proposed
special activity.
(g) No proposed sensitive clandestine collection project
may be approved by the President unless he finds that.--
(1) the information to be obtained by the project
is important to the national security of the United States;
(2) overt activity would be unlikely to accomplish
the objective intended to be accomplished by such proposed
project.
.(h) No component of the Federal Government except an
entity of the Intelligence. Community of the United States may
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conduct any special activity, =end no entity of the Intelligence
Community of the United States except the 'Central Intelligence
Agency may conduct any special. activity unless (1) the
Director determines that the objective of such special activity
cannot be achieved by the Central Intelligence Agency and
designates another entity of the Intelligence Community of
the United States to conduct such special activity,-and (2)
the President approves the decision of the Director.
(i)
Whenever the Committee considers any proposal to
conduct any special activity or sensitive clandestine collection
project in any foreign country or to conduct any such activity
.or project which directly involves such country, the Committee
shall, whenever the Committee deems it appropriate to do so,
confer with and seek the advice and recommendatIoi-is of the
ambassador of the United States to the country in which such
activity or project is to be carried out or to any country
which will be directly affected by such activity or project.
collection project or any proposal to make any significant
change in an ongoing special activity or sensitive clandestine
collection project, the Committee shall have available for
review a careful and systematic analysis, including, but
.(j) I: eneve r the Committee considers any proposal t
engage in a new special activity or sensitive clandestine
not limited to the following--
(1) the justification of such proposed activity or
change;
(2) the nature, scope, probable'duration,_purpose,
anticipated risks, consequences of discl.osure, probability
of success, and estimated costs `of such activity or change;
(3) the relationship between the proposed activity
or change and related previously approved activities;
(4) evidence that the objectives of such activity
or change cannot be achieved by overt means; and
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(5) the legality of the proposed activity or
change under international law and the treaties of
the United States.
(k) Any recommendation made by the Committee to the
President must be accompanied by the individual written
assessments of the members present in a formal meeting of
the Committee. No meeting may be held unless a majority of
the members specified in subsection (b) is present.. Any such
recommendation made by the Committee to the President shall
also be accompanied by an opinion of the 'Attorney General
on the legal implications of the proposed activity, project,
or change, as the case may be.
(1) The Director shall, prior to the implementation of
any special activity or sensitive clandestine collection
project or of any significant change in any ongoing special
activity or sensitive clandestine collection project, notify
the appropriate committees of the Congress of any special
activity or, sensitive clandestine collection project or of any
significant change in any ongoing special activity or sensitive
clandestine collection project approved by the President and
shall specifically note for such committees any case in
which any special activity or any sensitive clandestine collection
project involving the collection of intelligence by human: sources
is being conducted by an entity of the Intelligence Community
of the United States other than the Central Intelligence Agency.
The Director shall keep a written record of the time, manner,
and content of any such notice and any official reaction or,
response of such committees to such notice.
(m) The Director shall submit a written report semi-
annually to the appropriate committees of the. Congress on all
special activities and sensitive clandestine collection. projects
being carried out by the various entities of the Intelligence
Community of the United States or. by any foreign government or
agent of a foreign government for or on behalf of the United States.
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COUNTERINTELLIGENCE CO111ITTEE
Sec. 12. (a) The President shall establish in the
National Security Council a committee to be known as the
Counterintelligence Committee (hereinafter in this section
referred to as the "Committee").
(b) The Committee shall be composed of--
(1) the Attorney General of the United States, who
shall be the chairman;
(2) one of the two Deputy Secretaries of Defense,
as designated by the Secretary of Defense;
(3) the Director;
(4) the Director of the Federal Bureau of Inves-
tigation;
(5) the Director of the Central Intelligence Agency;
(6) the Assistant to the President for National
Security Affairs.
__ _ _ 1x4141 1V4~ ~E,~ 4,V11M iLLee ro review
and coorc?i. e counterintelligence'activities and provide
guidance to he head of each entity of the Intelligence Community
of the United States which engages in counterintelligence activities,
so as to increase the effectiveness of such-activities. A
part of such coordination and review, the Committee shall
insure, that all such activities are conducted in a manner which
does not violate any right guaranteed or protected by the
Constitution or the laws of the United States and shall make an
annual report to the appropriate committees of Congress certifying
that such activities have been so conducted, or, if the
Committee has reason to believe that any such activity has
not been so conducted, identifying which activities have been
so conducted and which have not. -
(d) The Committee shall review the standards established
by each entity of the Intelligence Con-anunity of the United
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States for the recruitment of intelligence agents.
(e) The Committee shall provide guidance for (1) the
protection of foreign intelligence assets which enter the
United States, and (2) the establishment of the actual
status of any alien purporting to be a defector and seeking
asylum in the United States.
PROHIBITION AGAINST THE USE OF MINISTERS,
JOURNALISTS, AND GOVERNMENT GRANTEES
FOR CERTAIN INTELLIGENCE ACTIVITIES
Sec. 13. (a) No entity of the Intelligence Community
of the United States may--
(1) pay'or provide other valuable consideration to any
individual following a religious vocation to--
(A) engage in any intelligence activity for or
on behalf of the United States, or
(B) provide any intelligence information to any
such entity;
(2) :.y or provide other valuable consideration to any
individual -.v,_-o is receiving funds through any program of the
United Sty,~.__ designed tO promote education or the arts,
humanities, or cultural affairs to---
(A) engage in any intelligence activity for *or on
behalf of the United States, or
media organization,
(B) provide any intelligence informationito any
such entity;
p -
(3) pay or provide other valuable consideration to any
individual who--
(A) is a journalist accredited to any United States
(B) regularly contributes material to any United
States media organizaion,
(C) is regularly involved, directly or indirectly,
in the editing of material for any United States media
organization, or
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(D) acts to set policy for, or provide direction to,
any United States media organization; or
.(4) pay for or otherwise support in any manner the
distribution within the United States of any book, magazine,
article, publication, film, or video or audio tape, unless
such support is publicly announced.
(b) As used in this section, the term "United States
media organization" means any organization, publishing any
newspaper, magazine., journal., or other periodical publication,
any broadcast organization, or any organization producing
films or video. or audio tapes, if any part of such organization
is owned by one or more nationals of the United States, the
principal place of business of such organization is in the
United States,- and the principal distribution of such organi-
zation is in the United States.
PROHIBITION AGAINST USE OF NATIONALS OF THE
UNITED STATES AS COMBATANTS IN FOREIGN
COUNTRIES
Sec_ i No n. t-:_onal of the United States who is not
a member o; armed forces serving on active duty may be
assigned comb .at.ant in any foreign country unless the
Committee on Clandestine Activities has been notified of
the proposed use, such Committee has reported to the President
thereon, the President has approved such assignment, md the
Director has notified the appropriate committees of the Congress
of such proposed assignment.
(b) The President shall discontinue any such assignment
in the case of any such national of the United States not
later than 90 days after notice to such committees unless
the continued assignment of such national as a. combatant has
been specifically authorized by law. The President shall
promptly discontinue the assignment of any such national as a
combatant in any foreign country if the Congress so directs
by concurrent resolution.
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(c) As used in this sect-ion, the term "combatant"
means an individual who engages in armed conflict with a
hostile force.
PROHIBITION ON POLITICAL ASSASSINATIONS
AND SUBVERSION OF DEMOCRATIC GOVERNMENTS
Sec. 15. No entity of the Intelligence Community of
the United States may, directly or indirectly, engage in any
activity which has as an objective (1) the political. assassin-
ation of any person, or (2) the subversion or overthrow of
any democratic government. The ' provisions, of this section
shall not apply during any war declared by the Congress after
the date of enactment of this Act.
ANNUAL REVIEW AND REPORT
Sec. 16. (a) There is hereby established a board to be
known as the National Intelligence Activities Review Board
(hereinafter in this section referred to as the "Board"). It
shall be tne- function of the Board to conduct, periodically,
comprehens reviews and evaluations of the national
in tell ige_activities of the United States and report at
least annually the results of those studies and evaluations,
together with such comments and recommendations as the Board
may deem appropriate, to the President and the appropriate
committees,of the Congress. The Board is authorized-to have
access to all information and analysis in the custody of
entities of the Intelligence Community of the United States
in order to carry out its functions under this Act.
(b)(1) The Board shall be composed of nine members
appointed. by the. President,, by and with the advice and. consent
of the Senate.
(2) The term of office of the first members of the Board
shall expire as follows: three at the end of one year; three
at the end of two years; and three at the end of three years.
The terms of office of all successors shall expire three years
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after the expiration of the terms for which their predecessors
were appointed, but any member appointed. to fill a vacancy
occurring prior to the expiration of the term for which his
predecessor was appointed. shall be appointed only for the
unexpired term of his predecessor.
(3) Only persons who are
:u.rs
eminently qualified by virtue
of their background, education, training, and experience to
review and evaluate the work'of the Intelligence Community
of the United States shall be appointed to the Board.
(4) The Board is authorized to employ such personnel
as may be necessary to assist in.carrying out its functions
under this- Act.
CONGRESSIONAL COMMITTEE REPORTS
Sec.. 18. (a) The committees of the Senate" and the House
of Representatives having Jurisdiction over matters relating
to the national intelligence.'activities shall make regular
periodic reports to their respective Houses on the nature
and extent :f the national intelligence activities of the
United St =. Such committees shall promptly call to the.
attention of their respective Houses, or to any other
appropriate committee or committees of their respective Houses,
any matter relating to intelligence activities which requires
or should have the attention of such House or other committee
or committees. In making such report, the committees-of the
Senate and the House of Representatives having. jurisdiction over
matters relating to national intelligence activities shall do
so in a manner consistent with the protection of the national
security interests of the United States.
(b) The provisions of subsection () are enacted by the
Congress-
(1) as an exercise of the rulemaking power of
the Senate and the House of Representatives, respectively,
and as such they shall be considered as part of the rules
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of each House, respectively, and shall, supersede other
rules only to the extent that they are inconsistent
therewith; and
(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 of
any other rule of such House.
ANNUAL REPORT OF THE DIRECTOR
Sec. 19. (a) The Director shall prepare and submit to
the committees of the Senate 'and the House of Representatives
having jurisdiction over matters relating to national intelli-
gence activities an annual report in which the activities of
the various entities of the. Intelligence Community of the
United States and the intelligence activities of foreign
countries directed at the United States or its interests are
reviewed and discussed by the Director.
(b) :":-s