(UNTITLED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00314R000600010034-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 9, 2016
• Document Release Date: July 28, 2000
• Sequence Number: 34
• Publication Date: April 20, 1977
• Content Type: REGULATION

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C. H. R. 6051 -- To Prevent and Establish Corrective Mechanisms
for Abuses o ower by U.S. me igence-.,-A encfes
1. Introduced 5 April 1977 by Representative Herman Badillo (D.,
N. Y.) and 13 others.
2. Referred to Judiciary, Banking, Armed Services and Government
Operations.
3. Entitled the "Federal Intelligence Agencies Control. Act of 1977."
4. Title I encompasses domestic intelligence activities.
a. The Government is prohibited from engaging in
01political surveillance" (basically, anything, related to
First Amendment rights); "preventive action"" (harassment,
false information, provocation, etc.) also is prohibited.
b. "Selective" investigations and prosecutions are
prohibited.
c. The FBI is renamed the Federal Bureau of
Criminal Investigation and its jurisdiction over allowable
investigative procedures strictly delimited,. The bill
would establish detailed investigative review procedures
and limit the Director to a single six-year term.
_.._.d,._.mAl1 responsibility for.Governmertt 1 -,gro nd--,
investigations now conducted by the FBI would be transferred
to the Civil Service Commission. FBCI employees would be in
the competitive service.
e. The Bureau's budget would be published and GAO
would have annual audit responsibilities.
f. "Agent of a foreign power" is narrowly defined to include
only officers or employees of foreign powers.
g. Both civil remedies and criminal penalties are provided.
5. Title II covers prohibitions and limitations on investigative procedures,
a. Electronic surveillance is prohibited,
b. Restricts undercover activities involving groups engaged
in "First Amendment activity. "
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c. Government access to and review of credit or tax records
and other material would be severely restricted, and the bill
would allow mail covers only in very limited circumstances by
the Federal Bureau of Criminal Investigation.
d. Both civil remedies and criminal penalties are prescribed
for violations. ,
6. Title III encompasses "Foreign Intelligence Activities. u
a. The CIA would be redesignated. the "Foreign Information
Service" and the DCI would become the Director of the FIS.
b. Except in time of war, the FIS would be prohibited
from engaging in any covert collection activities. The FIS
would have authority to engage. in limited counterintelligence
abroad. The National Security Act would be further amended
to limit the FIS to advising the NSC on foreign intelligence
matters; to making recommendations for coordinating foreign
intelligence activities; and to correlating, evaluating and
disseminating intelligence information within the Government.
c. All background investigations shall be conducted by the
Civil Service Commission.
d, The FIS is prohibited from collecting any information on
the "First Amendment activity" of protected persons.
e. The following sections of the CIA Act would be repealed:
5(a) [transfer authority], 5(b) [funds exchange], 6 [exemption for
disclosure of Agency personnel, organization, etc. ], and 8(b)
[unvouchered fundsj_-
f. Publicly-disclosed authorizations would be required for
each agency involved in foreign intelligence activities.
g. Criminal penalties and civil remedies are provided for
any violation or evasion of the requirements or limits
enumerated in this title.
h. "Covert collection" includes techniques which are in
violation of the laws of either the U. S. or of the country in
which the collection occurs, or which would be in violation of
U. S. laws if committed by a foreign country in the U. S.
i. "Clandestine organization" [the use of which in
furtherance of covert collection in peacetime would be
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prohibited] includes any "secret" proprietorship, corporation
or association.
j. "Covert operations" include paramilitary operations,
burglaries, bribes, secret payments and assassinations.
7, Title IV amends the FOIA and defines "national defense information. "
a. The FOIA exemption would be narrowed to cover only
properly classified national defense information, but informa-
tion that "appears to relate to illegal or unconstitutional
activity" would not be exempt from FOIA requirements.
b. "National defense information" is narrowly defined to
cover only aspects of military information.
8. Title V establishes the crime of "Official Deceipt" by Govern-
ment of icia s involved in any cover-up of activities in violation of this
Act.
9. Title VI protects Federal officials and employees from adverse
action for discr'osing or refusing to participate in activity reasonably
believed to be illegal.
a. Adverse action against such an individual creates
a presumption of wrongful disciplinary action.
b. Civil remedies for violations of this title are
provided.
i0-.-, Title VII establishes an independent "Office of Special Prosecutor
for Violations o Law by Intelligence Agencies. "
a. The Special Prosecutor appointed thereunder would
have exclusive authority to investigate and prosecute all
Federal offenses arising out of intelligence or counter-
intelligence activities.
b. A special panel of the U. S. Court of Appeals for D. C.
would be established.
c. This title would cease to have effect five years after it
takes effect,
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OFFICIAL ROUTING SLIP
5E13 HQS
CONCURRENCE INFORMATION S16NATU01
ACTION DIRECT REPLY
APPROVAL I I DISPATCH
COMMENT FILE
The attached legislation and summary
papers have been prepared and reviewed by
the Office of Legislative Counsel and are
forwarded to your office for your information.
Please retain this material as we will
be sending a views letter for your
coordination in the near future.