DEAR MR. CHAIRMAN:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00314R000600010033-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 9, 2016
• Document Release Date: July 28, 2000
• Sequence Number: 33
• Publication Date: May 4, 1977
• Content Type: LETTER

Approved For Relea 2002/05/ 1 0314R00061W010033-4
4 i1AY 1977
Honorable Melvin Price, Chairman Honorable Jack Brooks, Chairman
Committee on Armed Services Committee on Government Operations
House of Representatives House of Representatives
Washington, D. C. 20515 Washington, D.C. 20515
I ,am writing in response to your request for this Agency's comments
on H. R. 4173, the "Omnibus Intelligence Community Reorganization and
Reform Act of 1977. " I have concentrated my attention on those provisions
of the bill relating to the foreign intelligence process in the I.T. S. Government.
I defer to those agencies directly involved for comments on provisions
dealinj with domestic intelligence.
This legislation calls for sweeping and fundamental changes in the
organization of the Intelligence Community. The organization of the
Intelligence Community is currently under study in the Executive branch,
and I;' reserve specific comment on this portion of the legislation until
that review is completed.
I am in accord with efforts to assure the American public that legiti-
mate foreign intelligence activities will not impinge on the exercise of
their rights. Guidelines insuring attainment of this goal, however, have
already been established by the Executive branch in Executive Order
11905 and other orders and in the regulations implementing them. I
believe that additional legislation covering activities already so regulated
is unnecessary, potentially counterproductive, and over-restrictive. As
examples, I note those sections of the bill restricting or forbidding rela-
tions with the clergy, journalists and academics; forbidding any relations
with local law enforcement agencies; providing for internal investigations
of possibly illegal intelligence activities; and regulating physical surveil-
lance of Americans. I also wish to point out that legislation concerning
electronic surveillance is now being prepared by the Executive branch
for submission to Congress. For this reason I believe that the section
of the bill prohibiting electronic surveillance is premature.
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This legislation also contains a number of limitations on foreign
intelligence activities, for example forbidding clandestine collection of
information except during time of war and limiting the use of undercover
agents, which I believe would destroy this country's foreign intelligence
program. Further, enactment of several provisions of this bill, such
as those requiring that intellilgence activities be set out in line items
in the budget and permitting audits by the General Accounting Office,
could result in disclosures harmful to the conduct of the foreign intel-
ligence program.
I am available to discuss this legislation at the appropriate time if
you so desire.
The Office of Management and Budget has advised there is no objection
to the submission of this report from the standpoint of the Administration's
program.
Yours sincerely,
STANSf? IELD TURNER,
Admiral,. U. S. Navy
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 H. RAPffqgO W '0019SMW 'H
AR 1977
TMMAMMOOM COMMUNITY
H. R. 4173, a bill introduced by Representative Dellums (D., Cal.),
would make wholesale changes in the structure of the Intelligence
Community. Despite the fact that the House currently plans no action
on the bill, H. R. 4173 has understandably drawn a good deal of attention
in the Intelligence Community. The bill?s main features are outlined
below.
TITLE I - Foreign Intelligence Community
A. National Security Council
--Would provide policy guidance for all intelligence activities
of the United States.
Director of Central Intelligence (a, new position) and the
Attorney General (in advisory capacity) are added as members,
'-Establishes a Committee on Foreign Intelligence to assist the
Director of Central Intelligence to oversee the entire foreign
intelligence community,; a Foreign Activities Committee to advise
the President on the authorization of sensitive intelli.gence? activities;
and a Counterintelligence Committee to oversee coin aterintelligence
activities.
E. Office of the Director of Central Intelligence
-This would be an independent establishment in the Executive
branch headed by a civilian who could serve no more than eight
years,
As chief foreign intelligence officer of the U.S., the Director
would be responsible: for providing national intelligence and for all
resource allocations.
--The Director would also investigate all intelligence failures
and submit a full and detailed intelligence budget to Congress.
--The bill would also establish an Inspector General of the Intelli-
gence Community to review all activities of each intelligence agency
and a National Intelligence Board to assist the Director and to review
finished national estimates.
--The Secretary of Defense would control all foreign intelligence
operations and activities during a declared gar and could direct
the CIA to carry out espionage and covert action against the enemy.
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C. Central Intelligence Agency
--Would have civilian Director and Deputy Director; neither
could serve for more than eight years. They would be subordinate
to the National Security Council and the Director of Central
end-, wuuau ue TO conauct toreign counterintelligence activities .
--The sole function of the .Agency? other than durirrt f:k sf fr, Mf
--Could collect information within the TI S on an Arxieri
C
"LLIVCLUr anu Deputy Director who could serve no more than el
--The General, Counsel of the ALtencv shall riv u taani; F- n4'
--The bill would require approval T y the Director of Cent a
--Function would be to protect official Ii _ S_ c-arum-, ni r.n+;,m
ux- jA itjubpec-zea of espionage.
--Would become an independent Arrencvr_ hcariimr1 t,tr n
ana to coiiect intelligence from foreign communications.
--It could not engage in domestic surveillance other tharz fo
DOD Intelligence Components
--Defense Intelligence Agency would be abolished.
U .
an
solely to protect security of installations and collect information
eserve and contingency funds could be spent
Intelligence and the appropriate
committees of Congress before
r
D. Intelligence Research and Analysis' Agency
--Would assume all functions now exercised by CIA with regard
tt the production, ' analysis and dissemination of foreign intelligence.
no more than eight years.
--Director and Deputy Director would be civilians who could serve
E. National Security Agency
c
ML.L
or request communications from a common carrier if not available,
security reasons; monitor communications to or from an Azneri
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 ApprauMtFegl1 r i~~t ~ a ~~r 3~ ~ r ~ courzte ?irltell-
igence activities for, protection of military installations and personnel;
collect, analyze and disseminate tactical military analysis; produce,
analyze and disseminate departmental intelligence.
G. General Restrictions on Intelligence Activities
--No agency shall engage in or encourage any person or
Government agency to engage in any activity not authorized by statute
or in violation of the Constitution.
--Other than during a state of war, no agency shall engage in the
clandestine collection of foreign intelligence by human beings or carry
out any operation with an objective other than counterintelligence or
intelligence collection.
---All foreign intelligence liaison agreements must be reported
--Only the FBI could-directly or indirectly train or supply slate
or local law enforcement organizations..
.--No intelligence? agency could have ties with religious groups
,
journalists or those receiving funds through U. S. programs concerned
wim education, the arts, humanities or cultural affairs. Also, no
intelligence agency could secretly fund a book or other publication
or a film or other tape.
--The Director of Central Intelligence must yearly report to
Congress all proprietaries; none could be transferred to a former
employee.
--No funds may be transferred between intelligence agencies
unless specifically authorized by law; the DCI and the appropriate
committees of -Congress must approve all reprogramming of funds
and the expenditure of reserve and contingency funds.
B. General Provisions
u-The FBI shall have sole authority to investigate mishandling
of classified material and to carry out counterintelligence actions
within the U. S.. The latter authority is limited to seeking evidence
of criminal activity.
--Any committee of Congress must upon request be given all
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?--Total line item ' amounts of the budget for each agency engaged
in intelligence activities would be rrrade public, and the Congress
wuulu receive a oreaKaown of the intelligence bud?
--The GAO could audit any intelligence agency.
--Each agency must disclose the identity of its detailees to their
fellow workers in the other agency.. ;
TITLE II - Domestic Intelligence Activities
This Title contains standards and procedures for crhnin .l i_nve tiger-
and reorganize the Federal Bureau of Investigation and restrict the
tions., It would forbid any interference with First Amendment Rights and.
establishes the procedure for criminal investigations, In addition, this
Title would require a warrant, obtained under the procedure established
by this Title, for the use of informants, undercover agents, inspection
of records, mail covers and surveillance. his Title would also regulate
surveillance?
conspiracy, advocating overthrow of the Goverrinient, registration of
organizations, and activities affecting the operation of the Armed Forces.
This section would also repeal the right of the Attorney General la define
domestic intelligence activities and would generally prohibit electronic
Part A of this Title would ' repeal all laws relating to riots, seditious.
TITLE III Remedies
of this bill, including searches without warrants, acting undercover in
order to monitor any group exercising First Amendment rights, assassin.-
ations, drug experimentations without consent, and wrongful disciplinary
Part B would establish penalties for violation of any provision
Government unless a court rules otherwise, The Special Prosecutor
would have access to all information held by a department or agency of
The Special. Prosecutor would be independent of the Attorney General and
Part C establishes a Special Prosecutor for Intelligence Crimes."' .
could be removed only under special. circumstances.
not a defense; establishes a statute of limitations of two years, and
sovereign immunity for the U. S. in these cases, provides. good faith is
.Part D establishes civil penalties for violation of this Act, waives
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 2002/(
P81-00314R000W010033-4
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 I' -RNAL %CONF 'NTIAL ^ SECRET
UNCLASSIV loved F"e
ROUTING, AND RECORD SHEET
SUBJECT: (Optional)
FROM:
EXTENSION
NO.
Legislative Counsel
6C19 HQ
6126
DATE
SJ7f~
TO: (Officer designation, room number, and
ildi
)
b
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
t
h
u
ng
INITIALS
.)
commen
to whom. Draw a line across column after eac
RECEIVE ID
FORWARDED
L?
Attached is a draft response
1 X77
5E13 HQ
to a request for comments on
ent
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ib
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mn
H.R. 4173, the
2.
L
Community Reorganization and Reform
Act of 1977] t and a summary of the
1
Pl
bill
f
ease
.
the
provisions o
3
review the draft response and
forward your comments no later than
COB 13 May. Thank you.
4.
S
ATINTL
ffice of Legislative ounse
6
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8.
9.
44
10.
11.
12.
13.
14.
15.
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FORM
3-62
ONLY UNCLASSIFIED
61 ?USEOTIOINS OUS ^ SECRET E] CONFIDENTIAL ^ 'NTERNAL
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TRANSMITTAL SLIP
Dom: APit IT?
TO:
Chief, Review Staff OP W`
ROOM NO.
BUILDING
1006
Ames
REMARKS:
FROM: DD/Pers
ROO . 58
BUILDff IS .
EXTE 4gI2N
Bd -241
REPLACES FORM 36-8
WHICH MAY BE USED.
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