INTELLIGENCE LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP02T06251R000900310030-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 22, 2016
• Document Release Date: August 14, 2012
• Sequence Number: 30
• Content Type: MISC

Declassified in Part - Sanitized Copy Approved for Release 2012/08/15: CIA-RDP02TO6251 R000900310030-2
INTELLIGENCE LEGISLATION
2 P A-.Afr
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CURRENT STATUS
The mood of Congress, and particularly the Intelligence Committees, has
shifted dramatically, if not completely, since the heydays of the "Pike" and
"Church" Committees. Indeed only one Church Committee legislative recommendation
of a restrictive nature, the Foreign Intelligence Surveillance Act (FISA)
has been passed into law (1978). The main Church Committee proposal for restric-
tive, punitive, legislative "charters" for the Intelligence-Community was-defeated
this year in committee. In addition, a number of measures to strengthen U.S.
intelligence were introduced in the 96th Congress. These include:
-- The Congress amended the so-called Hughes-Ryan Amendment of 1974
which required CIA to brief up to eight committees of the Congress
before funds could be expended for covert actions. The recent
legislation limits notification to the two Intelligence Committees
and provides for the President to delay or withhold notification in
certain sensitive cases.
-- Significant progress was made on legislation to provide criminal penalties
for the unauthorized disclosure of information identifying "covert
intelligence agents." The Intelligence Committees of both Houses
and the House Judiciary Committee favorably reported carefully drafted
bills (H.R. 5615 and S. 2216) which would effectively remedy the problem
of "naming names" by Covert Action Information Bulletin and others.
It would criminalize disclosure of agents' names by:
--- An employee who has access to them.
--- An employee without regular access who learns the names through
his duties.
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--- Anyone who engaged in a pattern of activities intended to
disclose the names of agents.
- The bill also directs the President to establish improved cover
procedures and to ensure that all U.S. departments and agencies provide
full assistance.
- Final passage in the Senate was prevented by a small coalition of
Democrat Senators in the Senate Judiciary Committee. The problem
will not exist in the next Congress and the Senate version (the Chafee)
bill) should pass handily.
-- Significant progress on relief of certain time-consuming and expensive
provisions of the Freedom of Information Act but passage was delayed
until next Congress. The FOIA has adversly affected CIA and Community
morale.
-- Introduction of S. 2929, an Act to establish an Intelligence Community
by ten Republican Senators (so-called "Republican Charters").
- The Act provides for a number of strong measures for strengthening the
U.S. Intelligence Community by improving clandestine collection and
competitive analysis. Includes certain proposals for functional and
organizational improvements to the various agencies.
MAJOR ISSUES
-- While executive actions and orders can go a long way toward rebuilding
American intelligence, legislation may be needed to remove the possibility
of doubt concerning the legality of Executive orders to authoritatively
deny interpretations of law which have grown up in recent years and to fill
gaps in existing law.
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-- There are a number of issues which require immediate legislative
action:
- No law now prohibits the unauthorized revelation and
publication of names of intelligence personnel or agents.
4AI
STAT
- The Freedom of Information Act is causing untold grief in both
resources and morale for the intelligence agencies.
- There is insufficient authority to investigate leaks and punish
leakers.
- The Foreign Intelligence Surveillance Act has proved to be not
only cumbersome and of doubtful constitutionality. It has also
led to abuses and has had a chilling effect on counterintelligence
operations.
- Senior employees of the National Security Agency and the Defense
Intelligence Agency are not yet covered by provisions similar to
those which govern members of the Senior Executive Service in
other agencies.
-- There are also a number of problems which may require,-.legislation in
order to improve or(,reallocate organizational functions. For example:
- Any proposal to allow employees of the DDO regular access to the
FBI's data on Americans in the U.S. risks being termed a violation
of the National Security Act of 1947.
- The DCI, by law, is forced to fill these roles that are scarcely
compatible: chief Presidential advisor on intelligence, director
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of the whole Community, and manager of one of itsparts, which in
itself has at least three diverse parts. This situation, which
has led to many difficulties, can only be changed by law.
- The heads of the several intelligence agencies can be excessively
subject to political influence. However, by law, each can be
given a measure of independence by a fixed term of service, such
as is now enjoyed by the Director of the FBI.
- Although legislation is probably not needed to establish the DDO
as a separate clandestine service, such legislation would increase
the DDO's status at a time when this would do much good.
RECOMMENDATIONS FOR LEGISLATIVE PROGRAM
-- Several proposals should be introduced immediately in conjunction
with the two intelligence committees:
- Intelligence Identities Protection Act,:(Chafee Bill) - introduce
immediately.
- Freedom of Information Relief legislation- introduce immediately.
- Protection ofintelligence information There is a need for
legislation to broaden statutory authority for investigations by
appropriate Executive Branch entities of unauthorized disclosures
of intelligence information. Such legislation should provide sanctions
for unauthorized disclosures.
Intelligence Personnel Protection Act - This is a proposal to
provide criminal penalties for threats or actual acts of violence
against officers or employees of the Intelligence Community or
persons for whose security the Central Intelligence Agency or other
entities of the Intelligence Com-unity. The proposed amendment to
Title 18 of the United States Code can be dealt with as separate
legislation or in conjunction with further congressional consideration
of an omnibus revision of the Criminal Code.
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- Otherminor legislative proposals on CIA legislative agenda.
- Repeal of Foreign Intelligence Surveillance Act (FISA) - repeal
immediately.
-- Introduction of proposals contained in S. 2929, as appropriate.
- Introduce in conjunction. with new Executive Orders, Presidential
Directives, DCI Directives, Attorney General Guidelines.
-- Additional issue with regard to legislation: There are several
key positions within the government which would be critical in
preparing new or amended legislation, Executive orders, and Attorney
General guidelines:
General Counsel, CIA
Legislative Counsel, CIA
Counsel for Intelligence Policy, Department of Justice
Staff Director, Senate Select Committee on Intelligence
Staff Director, House Permanent Select Committee on Intelligence
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