NATIONAL INTELLIGENCE ACT OF 1978 TITLE I -- FOREIGN INTELLIGENCE ACTIVITIES FRIDAY - 25 NOVEMBER 1977

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00101R000100030020-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 43
• Document Creation Date: December 12, 2016
• Document Release Date: August 12, 2002
• Sequence Number: 20
• Publication Date: November 25, 1977
• Content Type: REGULATION

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NATIONAL INTELLIGENCE ACT OF 1978
TITLE I -- FOREIGN INTELLIGENCE ACTIVITIES
Friday - 25 November 1977
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NATIONAL INTELLIGENCE ACT OF 1978
TITLE I (Foreign Intelligence Activities) will include the
basic authorities according to which the IC is established and under
which the DCI, the CIA. and the other agencies within the Community
conduct foreign intelligence activities. The title will not include
counterintelligence nor will it contain restrictions on intelligence
activities. The title, in addition, will establish the positions
of DCI, DDCI and four Deputies with identified functional responsi-
bilities; and the Office of the Director, within which will be the four
"functional Deputies. " The DCI will be granted specific authorities,
among other things, to gather, collect, produce and disseminate
foreign intelligence; to approve the consolidated budget for the IC;
to levy collection tasks; to head the CIA; to protect sources and
methods; and to ensure implementation of special activities.
The title also will provide for requirements relating to appropriations
for intelligence activities, reprogramming and unvouchered funds
authority. Finally, there will be provisions for congressional
oversight, the IOB and reporting on violations.
TITLE II (Counterintelligence) will define counterintelligence
and will set forth the authorities, duties and areas of responsibilities
for counterintelligence activities. Insofar as there will be restrictions
exclusively applicable to counterintelligence activities, such restrictions
will be included in this title.
TITLE III (CIA) will provide for the establishment of the Agency,
and will grant to it authority, among other things, to engage in,Toreign
intelligence and, within the limitations in title II, foreign counter-
intelligence. Specifically, the Agency will be authorized to collect,
analyze, produce and disseminate intelligence; to perform services
of common concern; to carry out special activities; to carry out or
contract for research, development and procurement of systems
relating to the aforementioned functions; to protect facilities,
personnel, etc. (including firearms authority); to conduct necessary
support activities (including cover and proprietary authority); and
to conduct liaison activities. There will be provisions for administrative
authorities (e. g. , leasing and purchasing); travel and other allowances;
death gratuity; and provisions to protect the names, organization, etc.
of the Agency and its employees. Only such restrictions as are
applicable only to the CIA would be included in this title.
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TITLE IV (NSA) would set forth the statutory authority
for, an imitations on the National Security Agency as well as
the controlling provisions for communications activities by
Government entities and for the protection thereof. The title will
make clear the role of the DCI as to these activities.
TITLE V (FBI)
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TITLE VI (National Reconnaissance Activities), will set forth
authorities, duties and responsibilities for reconnaissance activities
much as title IV for communications activities and security.
TITLE VII (Restrictions on Intelligence Activities and Individual
Rights), will include whatever restrictions as apply to the IC generally
or to intelligence activities generally, both foreign intelligence and
foreign counterintelligence, such as restrictions on activities vis-a-vis
U. S. persons, on retention of certain information, and electronic
surveillance.
TITLE VIII (Conforming amendments) will operate to effect
the necessary changes to existing statutes (the CIA Act, the National
Security Act, etc.); both in terms of what current law will remain
(e.g., the Director's alien-admission authorities, and, depending
on the funding provisions as are included in title I for the DCI, certain
provisions in section 5 of the present CIA Act), and what will be repealed
through enactment of the other titles of this Act. Also, this title would
pick up repeal of the Hughes-Ryan amendment (in light of the congressional
oversight provisions in title I); and the title would provide statutory
provisions for the protection of intelligence sources and methods if
the decision is made to enact such law.
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TITLE I
TITLE II
TITLE III
TITLE IV
TITLE V
TITLE VI
TITLE VII
TITLE VIII
NATIONAL INTELLIGENCE ACT OF 1978
Foreign Intelligence Activities
Counterintelligence Activities
Central Intelligence Agency
National Security Agency
Federal Bureau of Investigations
National Reconnaissance Activities
Restrictions on Intelligence Activities
Conforming Amendments-
'E.g., Repeal of ?102 of the National Security Act of 1947, as amended;
sources and methods legislation (Title 18 U. S. C. ); repeal of ?662 of the
Foreign Assistance Act of 1961, as amended; amendments to House and
Senate rules; necessary amendments to the Central Intelligence Agency
Act of 1949, as amended; and retention in Title I of this Act, of the alien-
admission authority in section 7 of the CIA Act.
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TITLE I -- Foreign Intelligence Activities
Sec. 101. Statement of Purposes
Sec. 102. Definitions
Sec. 103. Director, Deputy Director of Central Intelligence
and Functional Deputy Directors
Sec. 104. Office of the Director of Central Intelligence
Sec. 105. General Authorities and Responsibilities
Sec. 106. Authorities and Duties of the Director of Central
Intelligence
Sec. 10 7. Requirements Relating to Appropriations for Foreign
Intelligence Activities
Sec. 108. Special Activities and Sensitive Collection Operations
Sec. 109. Reporting on Violations; Intelligence Oversight Board
Sec. 11.0. Reporting to the Congress
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TITLE I -- FOREIGN INTELLIGENCE ACTIVITIES
STATEMENT OF PURPOSES
Sec. 101. It is the purpose of this Title --
(a) to grant authority and assign responsibility for
foreign intelligence activities to ensure that the Government
shall have the intelligence information and analysis necessary
to make informed decisions regarding the national security
of the United States;
(b) to ensure that foreign intelligence activities of the United
States are properly and effectively directed, regulated, coordinated,
and administered;
(c) to authorize and provide effective oversight for special
activities in support of national foreign policy objectives, and
to ensure that such activities are properly approved and
effectively directed;
(d) to provide for the effective oversight of foreign intelligence
activities of the United States, and to ensure that such activities
are conducted in accordance with the Constitution and laws
of the United States; and
(e) to provide for the appointment of a Director, a Deputy
Director of Central Intelligence and functional Deputy
Directors, and to establish the authorities and duties of
the Director.
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Sec. 102. As used in this Title --
(a) The term "foreign intelligence" means: information
relating to the capabilities, intentions and activities of foreign
powers, organizations or persons, or relating to international
terrorist activities, but not including foreign counterintelligence.
(b) The term "foreign counterintelligence" 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 does not include personnel, physical, docu-
ment or communications security programs.
(c) The term "foreign intelligence activity" means any
activity %uu rtaken by an agency within the Intelligence
Community relating to the collection, processing, analysis,
production, coordination or dissemination of foreign intel-
ligence, and any activity in support thereof.
(d) The term "Intelligence Community" means:
(1) The Central Intelligence Agency;
(2) The National Security Agency;
(3) The Defense Intelligence Agency;
(4) Offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) Foreign intelligence elements of the military
services;
(6) The Bureau of Intelligence and Research of the
Department of State;
(7) Foreign intelligence elements of the Federal
Bureau of Investigation;
(8) Foreign intelligence elements of the Department
of the Treasury;
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(9) Foreign intelligence elements of the Department of
Energy;
(10) Foreign intelligence elements of the Drug Enforcement
Administration;
(11) The Office of the Director of Central Intelligence;
(12) Such other entities as may be engaged in foreign
intelligence activities and as designated by the President in
Executive Order.
(e) The term "international terrorist activity" means
any activity which:
(1) involves:
(i) killing, causing serious bodily harm to,
or kidnapping one or more individuals, or
(ii) violent destruction of property, or
(iii) an attempt or credible threat to commit
acts specified in subparagraphs (i) or (ii) above; and
(2) appears intended to endanger a protectee of the
Secret Service or the Department of State or to further
political, social or economic goals by:
(i) intimidating or coercing a civilian popu-
lation or any segment thereof,
(ii) influencing the policy of a government
or international organization by intimidation or
coercion, or
(iii) obtaining widespread publicity for a
group or its cause; and
(3) transcends national boundaries in terms of:
(i) the means by which it is accomplished,
(ii) the civilian population, government, or
international organization it appears intended to
coerce or intimidate, or
(iii) the locale in which its perpetrators
operate or seek asylum.
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(f) The term "intelligence sources and methods" means
any information, regardless of its origin, that is classified
tion requiring a specific degree of protection against unauthorized
disclosure for reasons of national security and which, in the
interest of the foreign intelligence activities of the United
States, has been specifically designated by a department or
agency of the United States Government which is authorized
by law or by the President to engage in foreign intelligence
activities for the United States as information concerning:
or a regulation or a rule issued pursuant thereto as informa,
pursuant to the provisions of a statute or Executive Order, .,
(1) methods of collecting foreign intelligence;
(2) sources of foreign intelligence, whether human,
technical, or other; or
(3) methods and techniques of analysis and
evaluation of foreign intelligence.
(g) The term "national foreign intelligence" means
foreign intelligence collected under the authority of the
Director of Central Intelligence by agencies within the
Intelligence Community.
(h) The term "national security information" means official
information or material designated pursuant to statute or
Executive Order as requiring protection against unauthorized
disclosure in the interest of the national security or foreign
relations of the United States.
(i) The term "sensitive intelligence collection operation"
means any foreign intelligence collection activity or activity
in support thereof which the President determines carries a
significant risk of causing serious harm to the national security
or foreign relations of the United States if revealed.
(j) 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 foreign
intelligence activities.
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DIRECTOR, DEPUTY DIRECTOR OF CENTRAL
INTELLIGENCE AND FUNCTIONAL DEPUTY DIRECTORS
Sec. 103. (a) There shall be a Director of Central
Intelligence (hereinafter in this Title referred to as
"Director"), a Deputy Director of Central Igt.ellgenee
Deputy Directors -- a Deputy Director for Ili sourct,
management, a Deputy Director for Forei n,s ssme meats,
a eL7 pu 5 Director for Collection Tasking and a Deputy
Director for Administra ereina er in this Title
referred to aT ''fursmtion"al'beputy Directors"), all of c'
whom shall be appointed by the President, by and.with
the advice and consent of the Senate; Provided, that
no person may serve as Director or Deputy Director
of Central Intelligence for a period of more than six
years unless such person is reappointed by the President,
by and with the consent of the Senate; and Provided further,
that no person who has served as Director or as Deputy
Director of Central Intelligence by such appointment may
be appointed to such position for more than one additional
six-year term.
(b) The Deputy Director of Central Intelligence and
the functional Deputy Directors shall assist the Director
in furtherance of his authorities and duties under this
Act, by performing such functions as the Director may
from time to?time assign or delegate. The Deputy Director
of Central Intelligence shall act for, and exercise the
powers of the Director in his absence or disability or
in the event of a vacancy in the position of the Director.
The Director shall designate the order in which the
functional Deputy Directors shall act for and perform
the functions of the Director during the absence or dis-
ability of both the Director and Deputy Director of Central
Intelligence or in the event of vacancies in both of these
offices.
(c) The positions of Director and Deputy Director of
Central Intelligence shall not be occupied simultaneously
by commissioned officers of the armed services, whether
in an active or retired status; Provided, that at no time
shall more than three of the positions of Director, Deputy
Director of Central Intelligence or functional Deputy
Directors be occupied by commissioned officers of
the armed services, whether in an active or retired status.
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(d)(1) Any commissioned officer of the armed forces
appointed as Director, Deputy Director of Central Intelligence
or a functional Deputy Director shall, in the performance of the
duties of such position:
(i) be subject to no supervision, control,
restriction or prohibition (military or otherwise)
other than would be applicable if the officer were
a civilian in no way connected with the Department
of Defense, a military department, or the armed
forces of the United States or any component thereof;
and
(ii) possess or exercise no supervision, control,
powers or functions (other than as Director, Deputy
Director of Central Intelligence or a functional 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, Deputy
Director of Central Intelligence or a functional Deputy Director
of such officer and his acceptance of and service in such an 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 officer, while serving
in the office of Director, Deputy Director of Central Intelligence
or a functional Deputy Director, shall be compensated from funds
appropriated to the Director, at the rate established for such
position.
(3) The rank or grade of any such officer, during
any period such officer occupies the office of Director,
Deputy Director of Central Intelligence or a functional Deputy
Director, shall be in addition to the numbers and percentages
authorized and appropriated for the military department of
which such officer is a member.
(4) The Director shall be entitled to the same
compensation prescribed by Section 5312 of Title 5, United
States Code, for positions at level I of the Executive
Schedule. If a commissioned officer of the armed forces
is serving as Director, he shall be entitled to the
difference, if any, between his regular military compensation
(as defined in Section 101(25) of Title 37, United States Code)
and the compensation prescribed by Section 5312 of Title 5,
United States Code, for positions at level I of the Executive
Schedule.
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 Approved F R & Q9fqi5 ec C R aP8C6~-0 Ot10a 2QntellQgeriOee shall
be entitled to the same compensation prescribed by Section 5313
of Title 5, United States Code, for positions at level II of the
Executive Schedule. If a commissioned officer of the armed
forces is serving as Deputy Director of Central Intelligence,
he shall be entitled to the difference, if any, between his regular
military compensation (as defined in Section 101(25) of Title
37, United States Code) and the compensation prescribed by
Section 5313 of Title 5, United States Code, for positions at
level II of the Executive Schedule.
(6) A functional Deputy Director shall be entitled to
the same compensation prescribed by Section 5314 of Title 5,
United States Code, for positions at level III of the Executive
Schedule. If a commissioned officer of the armed forces
is serving as a functional Deputy Director, he shall be entitled
to the difference, if any, between his regular military com-
pensation (as defined in Section 101(25) of Title 37, United
States Code) and the compensation prescribed by Section
5314 of Title 5, United States Code, for positions at level
III of the Executive Schedule.
OFFICE OF THE DIRECTOR
OF CENTRAL INTELLIGENCE
Sec. 104. (a) There is established under the Director
an Office of the Director of Central Intelligence (hereinafter
in this Title referred to as the "Office of the Director")
to assist the Director in performance of his authorities
and duties under this Act.
(b) The Director is authorized to employ such persons
as necessary for the Office of the Director to fulfill the duties
assigned it.
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GENERAL AUTHORITIES AND RESPONSIBILITIES.,,
Sec. 105. (a) Subject to the provisions of this Act,
and only as provided by this Act, the agencies within the
Intelligence Community are authorized to engage in foreign
intelligence activities and special activities in support
of national foreign policy objectives, under the direction
of the National Security Council.
(b) The agencies within the Intelligence Community
shall support the Director in carrying out his authorities
and duties under this Title; Provided, that agencies within
the Intelligence Community that are integral entities of
Federal departments also are authorized to produce
departmental intelligence.
(c) Appropriate senior officials of agencies within the
Intelligence Community, in discharging their responsibilities,
shall ensure that all activities for which they are responsible
are carried out in accordance with the Constitution and
laws of the United States.
AUTHORITIES AND DUTIES OF THE
DIRECTOR OF CENTRAL INTELLIGENCE
Sec. 106. (a) The Director of Central Intelligence, under
the direction of the National Security Council, shall be the
principal intelligence officer of the United States, shall
be the principal adviser to the President and to the National
Security Council on foreign intelligence matters, and shall
be the principal spokesman to the Congress for the Intelligence
Community and on national foreign intelligence matters.
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(b) In carrying out his duties under this Act the Director
shall, under the direction of the National Security Council,
have primary authority within the Government for foreign
intelligence, and shall be responsible for the coordination
of foreign intelligence activities of the Government.
(c) The Director shall head the Office of the Director
and the Central Intelligence Agency according to the
provisions of this Act.
(d) It shall be the duty of the Director to collect,
produce, analyze, coordinate and disseminate, within the
Government, foreign intelligence; Provided, that in carrying
out these duties, the Director shall:
(1) have authority to levy analytical tasks on
agencies within the Intelligence Community, and in so
doing, the Director shall ensure that national foreign
intelligence products are timely and relevant;
(2) have authority to levy collection tasks on
agencies within the Intelligence Community to fulfill
requirements and priorities established by the National
Security Council;
(3) develop, consistent with the requirements and
priorities established by the National Security Council,
policies, objectives and other guidance for the Intelligence
Community in anticipation of future foreign intelligence
needs;
(4) promote and direct the development and maintenance
of services of common concern to the Intelligence Community; and
(5) formulate policies with respect to intelligence
arrangements with foreign governments, and coordinate
intelligence relationships between the various agencies within
the Intelligence Community and foreign intelligence or internal
security services of foreign governments;
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(6) establish, as appropriate and notwithstanding
the provisions of any other law, committees or other
advisory groups to assist in the execution of the foregoing
responsibilities.
(e) The Director shall, under the provisions of this Act,
ensure implementation of special activities in support of
national foreign policy objectives and sensitive intelligence
collection operations.
(f) Notwithstanding the provisions of any other law, the
Director may, in his discretion, terminate the employment
of any officer or employee of the Central Intelligence Agency
or of the Office of the Director, whenever he shall deem such
termination necessary or advisable in the interests of the
United States, but such termination shall not affect the right
of any such officer or employee to seek or accept employment
elsewhere in the Government if declared eligible for such
employment by the United States Civil Service Commission.
(g) The Director shall have full and exclusive authority for
approval of the consolidated budget for the Intelligence
Community submitted to the President through the Office
of Management and Budget and, after approval by the
President, the Director shall present the budget to the
Congress.
(h) The Director shall be responsible for protecting
intelligence sources and methods against unauthorized disclosure,
and shall ensure the development and coordination of programs
which properly protect intelligence sources and methods.
(i) The Director shall, on a continuing basis, review and
evaluate all ongoing and proposed intelligence activities and
special activities in support of national foreign policy
objectives in order to ensure that such activities are
carried out in accordance with the Constitution and laws
of the United States.
(j) The Director shall act as the principal spokesman
for the Intelligence Community to the public on matters
concerning foreign intelligence activities.
(k) The Director shall participate with the Attorney
General and the legal officers of the agencies within
the Intelligence Community in the development of pro-
cedures required to be approved by the Attorney General
governing the conduct of foreign intelligence activities.
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(1) To assist the Director in the fulfillment of responsibilities
assigned in this section, the heads of all Executive Branch
departments and agencies, in accordance with law and relevant
Attorney General procedures and Executive Orders, . shall
give the Director access to all information relevant to the
national foreign intelligence needs of the United States.
REQUIREMENTS RELATING TO APPROPRIATIONS
FOR FOREIGN INTELLIGENCE ACTIVITIES
Sec. 107. (a) No funds may be appropriated for any fiscal
year beginning after September 30, 1978, for the purpose of
carrying out any foreign intelligence activity unless such
funds have been previously authorized for such activity by
legislation enacted during the same fiscal year or the two
fiscal years immediately preceding that for which they are
appropriated, except that the foregoing limitation shall not
apply to funds appropriated by any continuing resolution.
(b) The Director is authorized to:
(1) Transfer to and receive from other Government
agencies such sums as may be approved by the Office of
Management and Budget, for the performance of any of
the authorities or duties authorized under this Title, and
any other Government agency is authorized to transfer to
or receive from the Director such sums without regard
to any provisions of law limiting or prohibiting transfers
between appropriations. Sums transferred to the Director
in accordance with this paragraph may be expended for the
purposes and under the authority of this Title without regard
to limitations of appropriations from which transferred;
(2) Exchange funds without regard to Section 543
of Title 31; and
(3) Reimburse other Government agencies for
services or personnel assigned to the Office of the Director
or to the Central Intelligence Agency, and such other
Government agencies are authorized, without regard to
provisions of law to the contrary, so to assign or detail
any officer or employee for such duty.
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(c) The Director shall establish guidelines under which
proposed reprogramming of funds in the consolidated budget
for the Intelligence Community shall require his prior
approval; Provided, that the heads of each agency within
of the Intelligence Community shall advise the Director
of any proposed reprogramming falling within the guidelines;
and Provided further, that the Director shall review each
such proposal and his approval shall be required for any
such reprogramming.
(d) The Director is authorized to maintain a fund to
be known as the Reserve for Contingencies (hereinafter
in this Section referrred to as the "Reserve") and to credit
to the Reserve only such newly appropriated monies as are
specifically appropriated to the Director for the Reserve.
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 foreign intelligence activity or special activity
in support of national foreign policy objectives only if:
(1) the withdrawal of funds from the Reserve
has been previously approved by the Office of Management
and Budget; and
(2) the Appropriations Committees and the Select
Committees on Intelligence of the House and the Senate
are kept fully and currently informed of all withdrawals;
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.
(e) Any monies in the Reserve so approved for expenditure
under the provisions of paragraph (d) of this Section but not
actually expended for the specific purpose for which approved
shall remain in or revert to the Reserve.
(f) Any activity funded from the Reserve which continues
after the end of the fiscal year in which such activity was
initiated shall be funded thereafter through the regular
budgetary process at the earliest practicable time.
(g) The Director may expend funds appropriated to him
for objects of a confidential, extraordinary or emergency
nature, and such expenditures shall be accounted for
solely on the certificate of the Director and every such
certificate shall be deemed a sufficient voucher for the
amount certified therein.
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SPECIAL ACTIVITIES AND SENSITIVE
COLLECTION ACTIVITIES
Sec. 108. (a) The National Security Council, in con-
junction with the Director of Central Intelligence, shall
review and make written recommendations to the President
concerning each special activity in support of national
foreign policy objectives (hereinafter in this Section referred
to as "special activity") and each sensitive foreign intelligence
collection operation (hereinafter in this Section referred
to as "sensitive collection operation.") or significant pro-
posed change thereto.
(b) No funds may be expended for any special activity,
or significant change thereto, unless and until the President
has made a written finding that such activity or change
is important to the national security of the United States
and is consistent with the foreign policy goals of the United
States.
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REPORTING ON VIOLATIONS; INTELLIGENCE
OVERSIGHT BOARD
Sec. 109. (a) The heads of departments and agencies within
the Intelligence Community and their 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, concerning any foreign intel-
ligence activity brought to their attention which may constitute
a violation of the Constitution or any law of the United States,
or of any Presidential Directive; Provided, that the Attorney
General and the Intelligence Oversight Board shall advise the
President of any such activity which, in their view, constitutes
a violation of the Constitution or any law of the United States;
and Provided further, that the Attorney General, with due regard
to his investigative and prosecutorial responsibilities, shall
report periodically to the Committees on Intelligence of the
Congress concerning such activities.
(b) The heads of departments and agencies within the
Intelligence Community shall formulate and implement, in
consultation with the Attorney General and the Intelligence
Oversight Board, procedures to discover and report on
activities that may constitute violations of the Constitution
or laws of the United States, or of any Presidential
Directive.
(c) Senior officials of agencies within the Intelligence
Community shall report to the Attorney General evidence
of possible violations of Federal criminal law by an
employee of the agency, as well as evidence concerning
such violations by any other person as to those Federal
criminal laws specified in guidelines promulgated by the
Attorney General.
(d) There shall be, under the direction of the President,
an Intelligence Oversight Board (hereinafter in this Section
referred to as the "Board"), consisting of three members
appointed by the President from outside the Government;
Provided, that no member of the Board shall have any
financial or contractual relationships with any agency within
the Intelligence Community; and Provided further, that one
member shall be designated by the President as chairman.
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(e) The Board shall receive and consider all reports, by
the Attorney General, the heads of any agency within the
Intelligence Community, and the Inspectors General or
General Counsels of any agency within the Intelligence
Community submitted pursuant to paragraph (a) of
this Section.
(f) Nothing in this section shall prohibit any employee
of any agency within the Intelligence Community from
reporting any matter described in paragraph (a) of this
Section directly to the Attorney General or to the Intelligence
Oversight Board.
(g) The Board is authorized to employ such personnel
as may be necessary to carry out its functions under this
Section; Provided, that no such person shall have any
financial or contractual relationship with any agency within
the Intelligence Community.
(h) The Board shall, upon the request of any member,
be granted access to all information relevant to any
activity covered by this Section in order to carry out its
duties under this Act.
Sec. 110. (a) Consistent with all applicable authorities
and duties, including those conferred by the Constitution
upon the Executive and Legislative Branches, and with
due consideration for the duties under law to protect
intelligence sources and methods, the Director and heads
of agencies within the Intelligence Community shall:
(1) Keep the Intelligence Committees of the House
and the Senate fully and currently informed with respect
to intelligence activities, including any significant antici-
pated activities which are the responsibility of, or engaged
in, by such agency; Provided, that the Director shall
report to the Intelligence Committees of the House and
the Senate in a timely manner the special activities, and
significant changes thereto, approved by the President;
Provided further, that this does not constitute a condition
precedent to the implementation of any such intelligence
activity;
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(2) Provide any information or document in the
possession, custody or control of the agency or person
paid by such department or agency, within the jurisdic-
tion of the Intelligence Committees of the House or the
Senate, upon the request of such Committee; and
(3) Report in a timely fashion to the Intelligence
Committees of the House and the Senate information re-
lating to intelligence activities that are illegal or improper
and corrective actions that are taken or planned.
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 DD/A Registry
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NATIONAL INTELLIGENCE ACT OF 1978
TITLE I -- INTELLIGENCE ACTIVITIES
Friday - 2 December 1977
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PRECIS- -NATIONAL INTELLIGENCE ACT OF 1978
TITLE I (Intelligence Activities) will include the basic
authorities according to which the IC is established and under
which the DCI, the CIA and the other agencies within the Community
conduct intelligence activities. The title will not address counter-
intelligence nor will it contain restrictions on intelligence activities.
The title, in addition, will establish the positions of DCI, DDCI and
four Deputies with identified functional responsibilities; and the Office
of the Director, within which will be the four "functional Deputies."
The DCI will be granted specific authorities, among other things, to
gather, collect, produce and disseminate foreign intelligence; to
approve the consolidated budget for the IC; to levy collection tasks;
to head the CIA; to protect sources and methods; and to ensure
implementation of special activities. The title also will provide for
requirements relating to appropriations for intelligence activities,
reprogramming and unvouchered funds authority. Finally, there will
be provisions for congressional oversight, the IOB and reporting on
violations.
TITLE II (Counterintelligence) will define counterintelligence
and will set forth the authorities, duties and areas of responsibilities
for counterintelligence activities. Insofar as there will be restrictions
exclusively applicable to counterintelligence activities, such restrictions
will be included in this title.
TITLE III (CIA) will provide for the establishment of the Agency
and will grant to it authority, among other things, to engage in foreign
intelligence and, within the limitations in title II, foreign counter-
intelligence. Specifically, the Agency will be authorized to collect,
analyze, produce and disseminate intelligence; to perform services
of common concern; to carry out special activities; to carry out or
contract for research, development and procurement of systems
relating to the aforementioned functions; to protect facilities,
personnel, etc. (including firearms authority); to conduct necessary
support activities (including cover and proprietary authority); and
to conduct liaison activities. There will be provisions for administrative
authorities (e.g., leasing and purchasing); travel and other allowances;
death gratuity; and provisions to protect the names, organization, etc.
of the Agency and its employees. Only such restrictions as are
applicable only to the CIA would be included in this title.
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TITLE IV (NSA) would set forth the statutory authority
for, and limitations on the National Security Agency as well as
the controlling provisions for communications activities by
Government entities and for the protection thereof. The title will
make clear the role of the DCI as to these activities.
TITLE V (FBI)
TITLE VI (National Reconnaissance Activities), will set forth
authorities, duties and responsibilities for reconnaissance activities
much as title IV for communications activities and security.
TITLE VII (Restrictions on Intelligence Activities and Individual
Rights), will include whatever restrictions as apply to the IC generally
or to intelligence activities generally, both foreign intelligence and
foreign counterintelligence, such as restrictions on activities vis-a-vis
U.S. persons, on retention of certain information, and electronic
surveillance.
TITLE VIII (Conforming amendments) will operate to effect
the necessary changes to existing statutes (the CIA Act, the National
Security Act, etc.); both in terms of what current law will remain
(e.g., the Director's alien-admission authorities, and, depending
on the funding provisions as are included in title I for the DCI, certain
provisions in section 5 of the present CIA Act), and what will be repealed
through enactment of the other titles of this Act. Also, this title would
pick up repeal of the Hughes-Ryan amendment (in light of the congressional
oversight provisions in title I); and the title would provide statutory
provisions for the protection of intelligence sources and methods if
the decision is made to enact such law.
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TITLE I
TITLE II
TITLE III
TITLE IV
TITLE V
TITLE VI
TITLE VII
TITLE VIII
NATIONAL INTELLIGENCE ACT OF 1978
Intelligence Activities
Counterintelligence Activities
Central Intelligence Agency
National Security Agency
Federal Bureau of Investigations
National Reconnaissance Activities
Restrictions on Intelligence Activities
Conforming Amendments
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TITLE I -- Intelligence Activities
Sec. 101. Statement of Purposes
See. 102. Definitions
Sec. 103. Director, Deputy Director of Central Intelligence
and Functional Deputy Directors
Sec. 104. Office of the Director of Central Intelligence
Sec. 105. General Authorities and Responsibilities
Sec. 106. Authorities and Duties of the Director of Central
Intelligence
Sec. 107. Requirements Relating to Appropriations for
Intelligence Activities
Sec. 108. Special Activities and Sensitive Collection Operations
Sec. 109. Reporting on Violations; Intelligence Oversight Board
Sec. 110. Reporting to the Congress
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TITLE I -- INTELLIGENCE ACTIVITIES
STATEMENT OF PURPOSES
Sec. 101. It is the purpose of this Title --
(a) to grant authority and assign responsibility for
intelligence activities to ensure that the Government shall
have the intelligence information and analysis necessary
to make informed decisions regarding the national security
of the United States;
(b) to ensure that intelligence activities of the United
States are properly and effectively directed, regulated,
coordinated, and administered;
(c) to authorize and provide effective oversight for special
activities in support of national foreign policy objectives, and
to ensure that such activities are properly approved and
effectively directed;
(d) to provide for the effective oversight of intelligence
activities of the United States, and to ensure that such activities
are conducted in accordance with the Constitution and laws
of the United States; and
(e) to provide for the appointment of a Director, a Deputy
Director of Central Intelligence and functional Deputy
Directors, and to establish the authorities and duties of
the Director.
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 ILLEGIB
DEFINITIONS
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(a) The term "intelligence" includes:
(1) "Foreign intelligence" which means information
relating to the capabilities, intentions and activities of foreign
powers, organizations or persons, or relating to international
terrorist activities, but not including foreign counterintelligence;
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, docu-
ment or communications security programs.
(b) The term "intelligence activity" means any activity
undertaken by an agency within the Intelligence Community
relating to the collection, processing, analysis, production,
coordination or dissemination of intelligence, and any
activity in support thereof.
(c) The term "Intelligence Community" means:
(1) The Central Intelligence Agency;
(2) The National Security Agency;
(3) The Defense Intelligence Agency;
(4) Offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) Intelligence elements of the military services;
(6) The Bureau of Intelligence and Research of the
Department of State;
(7) Intelligence elements of the Federal Bureau
of Investigation;
(8) Intelligence elements of the Department of
the Treasury;
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(9) Intelligence elements of the Department of
Energy;
(10) Intelligence elements of the Drug Enforcement
Administration;
(11) The Office of the Director of Central Intelligence;
(12) Such other entities as may be engaged in intel-
ligence activities and as designated by the President in
Executive Order.
(d) The term "international terrorist activity" means
any activity which:
(1) involves:
(i) killing, causing serious bodily harm to,
or kidnapping one or more individuals, or
(ii) violent destruction of property, or
(iii) an attempt or credible threat to commit
acts specified in subparagraphs (i) or (ii) above; and
(2) appears intended to endanger a protectee of the
Secret Service or the Department of State or to further
political, social or economic goals by:
(i) intimidating or coercing a civilian popu-
lation or any segment thereof,
(ii) influencing the policy of a government
or international organization by intimidation or
coercion, or
(iii) obtaining widespread publicity for a
group or. Its cause; and
(3) transcends national boundaries in terms of:
(i) the means by which it is accomplished,
(ii) the civilian population, government, or
international organization it appears intended to
coerce or intimidate, or
(iii) the locale in which its perpetrators
operate or seek asylum.
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(e) The term "intelligence sources and methods" means
information concerning (1) methods of collecting foreign
intelligence or foreign counterintelligence; (2) sources
of foreign intelligence or foreign counterintelligence,
whether human, technical or other; or (3) methods and
techniques of analysis and evaluation of foreign intelligence
or foreign counterintelligence; regardless of its origin,
that is classified or designated pursuant to the provisions
of a statute or Executive Order, or a regulation or a
rule issued pursuant thereto, as information requiring
a specific degree of protection against unauthorized
disclosure for reasons of national security or in the
interests of the security of the intelligence activities of
the United States.
(f) The term "national intelligence" means intel-
ligence collected under the authority of the Director of
Central Intelligence by agencies funded in the National
Foreign Intelligence Program budget.
(g) "National Foreign Intelligence Program" (herein-.
after in this title referred to as "NFIP") means:
(1) The programs of the CIA;
(2) The Consolidated Cryptologic Programs, and
the programs of the offices within the Department of Defense
for the collection of specialized national. intelligence throw h
reconnaissance except such elements as the Director and
the Secretary of Defense agree should be excluded;
(3) The elements of the General Defense Intelligence
Program and other programs of agencies within the Intelligence
Community designated by the Director and the head of the
department as national intelligence activities; and
(4) Activities of the Office of the Director of Central
Intelligence;
but not including activities to acquire the intelligence required
for the planning and conduct of tactical operations by the
United States military forces.
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(h) The term "national security information" means official
information or material designated pursuant to statute or
Executive Order as requiring protection against unauthorized
disclosure in the interest of the national security or foreign
relations of the United States.
(i) The term "sensitive intelligence collection operation"
means any intelligence collection activity or activity in
support thereof which the President determines carries a
significant risk of causing serious harm to the national security
or foreign relations of the United States if revealed.
(j) 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
intelligence activities.
DIRECTOR, DEPUTY DIRECTOR OF CENTRAL
INTELLIGENCE AND FUNCTIONAL DEPUTY DIRECTORS
See. 103. (a) There shall be a Director of Central
Intelligence (hereinafter in this Title referred to as
"Director"), a Deputy Director of Central Intelligence
and, within the Office of the Director, four functional
Deputy Directors -- a Deputy Director for Resource
Management, a Deputy Director for Foreign Assessments,
a Deputy Director for Collection Tasking and a Deputy
Director for Administration (hereinafter in this Title
referred to as "functional Deputy Directors"), all of
whom shall be appointed by the President, by and with
the advice and consent of the Senate; Provided, that
no person may serve as Director or Deputy Director
of Central Intelligence for a period of more than six
years unless such person is reappointed by the President,
by and with the consent of the Senate; and Provided further,
that no person who has served as Director or as Deputy
Director of Central Intelligence by such appointment may
be appointed to such position for more than one additional
six-year term.
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(b) The Deputy Director of Central Intelligence and
the functional Deputy Directors shall assist the Director
in furtherance of his authorities and duties under this
Act, by performing such functions as the Director may
from time to time assign or delegate. The Deputy Director
of Central Intelligence shall act for, and exercise the
powers of the Director in his absence or disability or
in the event of a vacancy in the position of the Director.
The Director shall designate the order in which the
functional Deputy Directors shall act for and perform
the functions of the Director during the absence or dis-
ability of both the Director and Deputy Director of Central
Intelligence or in the event of vacancies in both of these
offices .
(c) The positions of Director and Deputy Director of
Central Intelligence shall not be occupied simultaneously
by commissioned officers of the armed services, whether
in an active or retired status; Provided, that at no time
shall more than three of the positions of Director, Deputy
Director of Central Intelligence or functional Deputy
Directors be occupied by commissioned officers of
the armed services, whether in an active or retired status.
(d)(1) Any commissioned officer of the armed forces
appointed as Director, Deputy Director of Central Intelligence
or a functional Deputy Director shall, in the performance of the
duties of such position:
(i) be subject to no supervision, control,
restriction. or prohibition (military or otherwise)
other than would be applicable if the officer were
a civilian in no way connected with the Department
of Defense, a military department, or the armed
forces of the United States or any component thereof;
and
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(ii) possess or exercise no supervision, control,
powers or functions (other than as Director, Deputy
Director of Central Intelligence or a functional 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, Deputy
Director of Central Intelligence or a functional Deputy Director
of such officer and his acceptance of and service in such an 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 officer, while serving
in the office of Director, Deputy Director of Central Intelligence
or a functional Deputy Director, shall be compensated from funds
appropriated to the Director, at the rate established for such
position.
(3) The rank or grade of any such officer, during
any period such officer occupies the office of Director,
Deputy Director of Central Intelligence or a functional Deputy
Director, shall be in addition to the numbers and percentages
authorized and appropriated for the military department of
which such officer is a member.
(4) The Director shall be entitled to the same
compensation prescribed by section 5312 of Title 5, United
States Code, for positions at level I of the Executive
Schedule. If a commissioned officer of the armed forces
is serving as Director, he shall be entitled to the difference,
if any, between his regular military compensation (as defined
in section 101(25) of Title 37, United States Code) and the
compensation prescribed by section 5312 of Title 5, United
States Code, for positions at level I of the Executive Schedule.
(5) The Deputy Director of Central Intelligence shall
be entitled to the same compensation prescribed by section 5313
of Title 5, United States Code, for positions at level II of the
Executive Schedule. If a commissioned officer of the armed
forces is serving as Deputy Director of Central Intelligence,
he shall be entitled to the difference, if any, between his regular
military compensation (as defined in section 101(25) of Title
37, United States Code) and the 'compensation prescribed by
section 5313 of Title 5, United States Code, for positions at
level II of the Executive Schedule.
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c I
un ona eputy Director shall be entitled to
the same compensation prescribed by section 5314 of Title 5,
United States Code, for positions at level III of the Executive
Schedule. If a commissioned officer of the armed forces
is serving as a functional Deputy Director, he shall be entitled
to the difference, if any, between his regular military com-
pensation (as defined in section 101(25) of Title 37, United
States Code) and the compensation prescribed by section
5314 of Title 5, United States Code, for positions at level
III of the Executive Schedule.
OFFICE OF THE DIRECTOR
OF CENTRAL INTELLIGENCE
Sec. 104. (a) There is established under the Director
an Office of the Director of Central Intelligence (hereinafter
in this Title referred to as the "Office of the Director")
to assist the Director in performance of his authorities
and duties under this Act.
(b) The Director is authorized to employ such persons
as necessary for the Office of the Director to fulfill the duties
assigned it.
GENERAL AUTHORITIES AND RESPONSIBILITIES
Sec. 105. (a) Subject to the provisions of this Act,
and as provided by this Act, the agencies within the
Intelligence Community are authorized to engage in
intelligence activities and special activities in support
of national foreign policy objectives, under the direction
of the National Security Council.
(b) The agencies within the Intelligence Community
shall support the Director in carrying out his authorities
and duties under this Title; Provided, that agencies within
the Intelligence Community that are integral entities of
Federal departments also are authorized to collect and ''
produce departmental intelligence. -- ~~?
(c) Appropriate senior officials of agencies within the
Intelligence Community, in discharging their responsibilities,
shall ensure that all activities for which they are responsible
are carried out in accordance with the Constitution and
laws of the United States .
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AUTHORITIES AND DUTIES OF THE
DIRECTOR OF CENTRAL INTELLIGENCE
Sec. 106. (a) The Director of Central Intelligence, under
the direction of the National Security Council, shall be the
principal intelligence officer of the United States, shall
be the principal adviser to the President and to the National
Security Council on intelligence matters, and shall be
the principal spokesman to the Congress for the Intelligence
Community.
(b) In carrying out his duties under this Act the Director,
under the direction of the National Security Council, shall
be responsible for the coordination of national intelligence
(c) The Director shall head the Office of the Director
and the Central Intelligence Agency according to the
provisions of this Act.
(d) It shall be the duty of the Director to collect,
produce, analyze, coordinate and disseminate, within the
Government, intelligence; Provided, that in carrying
out these duties, the Director shall:
(1) have authority to levy analytical tasksgonn
agencies within the Intelligence Community;
(2) have authority to levy collection tasks on
agencies within the Intelligence Community to fulfill
requirements and priorities established by the National
Security Council;
(3) develop, consistent with the requirements and
priorities established by the National Security Council,
policies, objectives and other guidance for the Intelligence
Community in anticipation of future intelligence needs;
(4) promote and direct the development and maintenance
of services of common concern to the Intelligence Community; and
(5) formulate policies with respect to intelligence
arrangements with foreign governments, and coordinate
intelligence relationships between the various agencies within
the Intelligence Community and foreign intelligence or internal
security services of foreign governments;
ILLEGIB
ILLEGIB
ILLEGIB
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(6) establish, as appropriate and notwithstanding
the provisions of any other law, committees or other
advisory groups to assist in the execution of the foregoing
responsibilities.
(e) The Director shall, under the provisions of this Act,
ensure implementation of special activities in support of
national foreign policy objectives and sensitive intelligence
collection operations.
(f) Notwithstanding the provisions of any other law, the
Director may, in his discretion, terminate the employment
of any officer or employee of the Central Intelligence Agency
or of the Office of the Director, whenever he shall deem such
termination necessary or advisable in the interests of the
United States, but such termination shall not affect the right
of any such officer or employee to seek or accept employment
elsewhere in the Government if declared eligible for such
employment by the United States Civil Service Commission.
(g) The Director shall have full and exclusive authority
for approval of the NFIP budget submitted to the President
through the Office of Management and Budget and, after
approval by the President, the Director shall present the
budget to the Congress.
(h) The Director shall be responsible for protecting
intelligence sources and methods against unauthorized disclosure,
and shall ensure the development and coordination of programs
which properly protect intelligence sources and methods.
(i) The Director shall, on a continuing basis, review
and evaluate all ongoing and proposed national intelligence
activities and special activities in suppoITof natUorial
foreign policy objectives in order to ensure that such
activities are carried out in accordance with the Constitution
and laws of the United States and with Presidential directives.
(j) The Director shall act as the principal spokesman
for the Intelligence Community to the public on matters
concerning intelligence activities .
(k) The Director shall participate with the Attorney
General and the legal officers of the agencies within
the Intelligence Community in the development of pro-
cedures required this Act and by Executive Order to be approved by the`Attorney neral governing the
conduct of intelligence activities.
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(1) To assist the Director in the fulfillment of responsibilities
assigned in this section, the heads of all Executive Branch
departments and agencies, in accordance with law and relevant
Attorney General procedures and Executive Orders, shall
give the Director access to all information relevant to the
intelligence needs of the United States.
t,
REQUIREMENTS RELATING TO APPROPRIATIONS
FOR INTELLIGENCE ACTIVITIES
Sec. 107. (a) No funds may be appropriated for any fiscal
year beginning after September 30, 1978, for the purpose of
carrying out any 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 preceding that for which they are
appropriated, except that the foregoing limitation shall not
apply to funds appropriated by any continuing resolution.
(b) The Director is authorized to:
(1) Transfer to and receive from other Government
agencies such sums as may be approved by the Office of
Management and Budget, for the performance of any of
the authorities or duties authorized under this Title, and
any other Government agency is authorized to transfer to
or receive from the Director such sums without regard
to any provisions of law limiting or prohibiting transfers
between appropriations. Sums transferred to the Director
in accordance with this paragraph may be expended for the
purposes and under the authority of this title without regard
to limitations of appropriations from which transferred;
(2) Exchange funds without regard to section 543
of Title 31; and
(3) Reimburse other Government agencies for
services or personnel assigned to the Office of the Director
or to the Central Intelligence Agency, and such other
Government agencies are authorized, without regard to
provisions of law to the contrary, so to assign or detail
any officer or employee for such duty.
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(c) The Director shall establish guidelines under which
proposed reprogramming of funds in the NFIP budget shall
require his prior approval; Provided, that the heads of
each agency within of the Intelligence Community shall
advise the Director of any proposed reprogramming falling
within the guidelines; and Provided further, that the Director
shall review each such proposal and his approval shall be
required for any such reprogramming.
(d) The Director is authorized to maintain a fund to
be known as the Reserve for Contingencies (hereinafter
in this Section referred to as the "Reserve") and to credit
to the Reserve only such newly appropriated monies as are
specifically appropriated to the Director for the Reserve.
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 intelligence activity or special activity
in support of national foreign policy objectives only if:
(1) the withdrawal of funds from the Reserve
has been previously approved by the Office of Management
and Budget; and
(2) the Appropriations Committees and the Select
Committees on Intelligence of the House and the Senate
are kept fully and currently informed of all withdrawals;
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.
(e) Any monies in the Reserve so approved for expenditure
under the provisions of paragraph (d) of this section but not
actually expended for the specific purpose for which approved
shall remain in or revert to the Reserve.
(f) Any activity funded from the Reserve which continues
after the end of the fiscal year in which such activity was
initiated shall be funded thereafter through the regular
budgetary process at the earliest practicable time.
(g) The Director may expend funds appropriated to him
for objects of a confidential, extraordinary or emergency
nature, and such expenditures shall be accounted for
solely on the certificate of the Director and every such
certificate shall be deemed a sufficient voucher for the
amount certified therein.
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SPECIAL ACTIVITIES AND SENSITIVE
COLLECTION ACTIVITIES
See. 108. (a) The National Security Council, in con-
junction with the Director of Central Intelligence, shall
review and make written recommendations to the President
concerning each special activity in support of national
foreign policy objectives (hereinafter in this section referred
to as "special activity") and each sensitive intelligence col-
lection operation (hereinafter in this section referred
to as "sensitive collection operation") or significant pro-
posed change thereto.
(b) No funds may be expended for any special activity,
or significant change thereto, unless and until the President
has made a written finding that such activity or change
is important to the national security of the United States
and is consistent with the foreign policy goals of the United
States.
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REPORTING ON VIOLATIONS; INTELLIGENCE
OVERSIGHT BOARD
Sec. 109. (a) The heads of departments and agencies within
the Intelligence Community and their 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, concerning any intelligence
activity brought to their attention which may constitute a
violation of the Constitution or any law of the United States,
or of any Presidential directive; Provided, that the Attorney
General and the Intelligence Oversight Board shall advise the
President of any such activity which, in their view, constitutes
a violation of the Constitution or any law of the United States;
and Provided further, that the Attorney General, with due regard
to his investigative and prosecutorial responsibilities, shall
report periodically to the Select Committees on Intelligence
of the House and the Senate concerning such activities.
(b) The heads of departments and agencies within the
-.Intelligence Community shall formulate and implement, in
consultation with the Direct r, the Attorney General and
the Intelligence Oversight Board, procedures to discover
and report on intelligence activities that may constitute
violations of the Constitution or laws of the United States,
or of any Presidential directive.
(c) Senior officials of agencies within the Intelligence
Community shall report to the Attorney General evidence
of possible violations of Federal criminal law by an
employee of the agency, as well as evidence concerning
such violations by any other person as to those Federal
criminal laws specified in guidelines promulgated by the
Attorney General.
(d) There shall be, under the direction of the President,
an Intelligence Oversight Board (hereinafter in this Section
referred to as the "Board1t), consisting of three members
appointed by the President from outside the Government;
Provided, that no member of the Board shall have any
financial or contractual relationships with any agency within
the Intelligence Community; and Provided further, that one
member shall be designated by the President as chairman.
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(e) The Board shall receive and consider all reports by
the Attorney General, the heads of any agency within the
Intelligence Community, and the Inspectors General or
General Counsels of any agency within the Intelligence
Community submitted pursuant to paragraph (a) of
this section.
(f) Nothing in this section shall prohibit any employee
of any agency within the Intelligence Community from
reporting any matter described in paragraph (a) of this
section directly to the Attorney General or to the Intelligence
Oversight Board.
(g) The Board is authorized to employ such personnel
as may be necessary to carry out its functions under this
section; Provided, that no such person shall have any
financial or contractual relationship with any agency within
the Intelligence Community.
(h) The Board shall, upon the request of any member,
be granted access to all information relevant to any
activity covered by this section in order to carry out its
duties under this Act.
REPORTING TO THE CONGRESS
See. 110. (a) Consistent with all applicable authorities
and duties, including those conferred by the Constitution
upon the Executive and Legislative Branches, and with
due consideration for the duties under law to protect
intelligence sources and methods, the Director and heads
of agencies within the Intelligence Community shall:
(1) Keep the Select Committees on Intelligence
of the House and the Senate fully and currently informed
with respect to intelligence activities, including any signi-
ficant anticipated activities which are the responsibility
of, or engaged in, by such agency; Provided, that the
Director shall report to the Select Committees on
Intelligence of the House and the Senate in a timely manner
the special activities, and significant changes thereto,
approved by the President; Provided further, that this
does not constitute a condition precedent to the imple-
mentation of any such intelligence activity;
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(2) Provide any information or document in the
possession, custody or control of the agency or person
paid by such department or agency, within the jurisdic-
tion of the Select Committees on Intelligence of the House
or the Senate, upon the request of such Committee; and
(3) Report in a timely fashion to the Select
Committees on Intelligence of the House and the Senate
information relating to intelligence activities that are
illegal or improper and corrective actions that are taken
or planned.
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