11 JANUARY 1978 (EVENING) MEETING RE SSCI DRAFT TITLE I, INTELLIGENCE CHARTER LEGISLATION

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CIA-RDP86-00101R000100030015-5
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RIPPUB
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K
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61
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December 15, 2016
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October 8, 2003
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15
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Publication Date: 
January 19, 1978
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Approved For Release 2003/12/19 : CIA-RDP86-00101 R0001000300 19 January 1978 ME f )P NDUiM FOR THE RECORD SUBJECT: 11 January 1978 (Evening) Meeting Re SSCI Draft Title I, Intelligence Charter Legislation On 11 January 1978 members of OLC DD/A Registry S - Off- t1::1 L e wi Liliot awe and a Norton, Senate Select Committee on Intelligence staff, to discuss issues relating to the SSCI's latest version of Title I of the intelligence charter legislation. Also present. were representatives of the House Permanent Select Committee on Intelligence, Bill Funk and Mike O'Neil. Toni Latimer, of the HPSCI staff, and Bill Miller and John Flliff, of the SSCI staff, were present for a portion of the meeting. 2. The purpose of the meeting was to allow Agency representatives to' raise specific issues in Title I with a view to underscoring the problems posed thereby to the Agency. It was made clear to all attendees that any discussion on the issues was entered.into in an unofficial manner and in no way represents or should be construed as representing the official CIA position on the issues. 3. At 1:00 p.m. on 11 January, in preparation for subject meeting, an "in-house" meeting chaired by Associate Director-Management, NFAC, was held to focus attention on the 9 January 1978 SSCI draft Title I with a view to underscoring the major problematic issues found therein in order to arm those who would represent the Agency at the evening meeting with the SSCII staff. Present at the "in-house" meeting were representatives of DDA, DDS&T, DDO, NFAC, OLC, OGC, IC and 0/Comptroller. 4. At the 11 January evening meeting held at the U.S. Capitol, CIA representatives raised and discussed some 34 issues (see "11 January 1978 Meeting Re SSCI Draft Title I" issues paper distributed 13 January 1978). In general SSCI staff was receptive to CIA comments, in some cases agreeing to make suggested changes, in other cases agreeing to look anew at the issue and draft language or asking for further clarification or draft language from CIA, and in a few instances disagreeing altogether with our point of view. STAT Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 6. In closing, SSCI staff indicated their intention of distributing new draft Titles I, II and possibly III and IV the week of 16 January 1978. STAT Distribution: 1 - OLC Subject 1 - OLC Chrono 1 - 0GC 1 - IC Staff, 1 - DDSF;T 1 - DDO 1-NFAC I - IG 1 - 0/Compt OLC:RJJV: sm (18 Jan 78) Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 2 Approved For Release 2003/12/1-9: CIA-RDP86-00101 R000100030015-5 11 JANUARY 1978 MEETING RE SSCI DRAFT TITLE I 1. On 11 January 1978 members of OLC as well as IC Staff, met with Elliot Maxwell and Pat Norton, Senate Select Committee on Intelligence staff, to discuss issues relating to the SSCI's latest version of Title I of the intelligence charter legislation. Also present were representatives of the House Permanent Select Committee on Intelligence, Bill Funk and Mike O'Neil. Tom Latimer, of the HPSCI staff, and Bill Miller and John Elliff , of the SSCI staff, were present for a portion of the meeting. 2. The purpose of the meeting was to allow Agency representatives to raise specific issues in Title I with a view to underscoring the problems posed thereby to the Agency. It was made clear to all attendees that any discussion on the issues was entered into in an unofficial manner and in no way represents or should be construed as representing the official CIA position on the issues. 3. Attached are the issues raised and discussed at subject meeting, as well as the positions taken by the various parties present. STAN Approved For Release 20?3/12/19: CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Page 3, section 103(1): why is the phrase "national defense" used instead- o national security"? Elliot Maxwell explained that the phrase "national security is a hollow and infinitely expandable phrase, one that has no meaning anymore. Bill Funk agreed with the Agency and IC Staff viewpoint that the phrase national defense has a distinctly narrow military implication which tends to totally ignore such concerns as economic intelligence. Pat Norton expressed surprise that we would have problems with the phrase defense. " Elliot Maxwell ended the discussion by stating that he would like from us specifics as to what we consider encompassed in the phrase "national security. " Synopsis: 1. No split on SSCI side visible on this issue. 2. HPSCI (Bill Funk) sides with CIA on this issue. 3. Maxwell willing to leave this issue open to further discussion. Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 A r e 3 ease 2003/1.J1/19 : CIA-RDP86-001111 R0001000$0Q15-5 Page 3, sectio : why is t e phrase execu ive, egis a ive, and judicial branchesT1 used in the context of this subparagraph? OLC, OGC/CIA. stated that as written the phrase makes the legislative and judicial branches foreign intelligence consumers, viz. , statutory clients of the Intelligence Community. Such statutory language extends the Agency's responsibilities to the Executive Branch to the Legislative and Judicial Branches as well. Agency participants stressed that the codification of the Legislative and Judicial Branches as statutory foreign intelligence consumers and the DNI's duty to supply each Branch with national intelligence information was particularly evident on page 16, sub-paragraph (f)(1). Elliot Maxwell stated that it was not the intent of the drafters to make the Legislative and Judicial Branches co-equal with the Executive Branch in terms of being statutory foreign intelligence consumers but to give the Legislative and Judicial Branches access to "accurate, relevant, timely information and analysis as may be necessar to enable those branches to make sound and informed decisions" (page 3), or as expressed on page 16, to make available to those Branches "national intelligence information and analyses needed by such branches to fulfill their responsi- bilities under the Constitution and laws of the U. S. . .. " CIA representatives stressed that notwithstanding the intent of the drafters, such language could be misconstrued to mean that Congress and the Judiciary are in fact and by statute foreign intelligence consumers co-equal with the Executive Branch in this regard. The point was also raised that this provision could be construed as extending to the judiciary a "sword" to require that the Executive provide intelligence information, arguably, perhaps, in open session. Pat Norton tried to compromise first by sayin~ that we could replace ''executive, legislative and judicial branches with the word "Government. " He then suggested that section 4 might be rewritten in pertinent part to read: "(4) to ensure that the executive branch and as necessary and in accordance with the Constitution and laws of the U. S. the legislative and judicial branches are provided ... ' Synopsis: 1. SSCI may be split on this issue. 2. Pat Norton of the SSCI may provide a moderating, pro- Agency influence vis-a-vis Elliot Maxwell on this point. Approved For Release 23003/1'2/1.9 s. CIA-RDP86-001 01 R000100030015-5 4. Maxwell did not appear totally intransigent in his positiotiApprovedd1~or Release 2003/12/19 : CIA-RDP86-00101R000100030015-5 Page 10, section 105: why is "counterterrorism considered an intelligence activity ? CIA/IC Staff stated that as a general proposition the Agency and particularly DDO does not consider counterterrorism as an intelligence activity. DDO does not want counterterrorism to be considered as a national intelligence activity. CIA may collect counterterrorism intelligence which supports counterterrorism activities conducted by other elements within the U. S. Government but CIA does not engage in counterterrorism activity. Mention was made of the fact that a similar problem as raised here exists elsewhere in the draft. Bill Funk cautioned that even though DDO does not want to be charged with counterterrorism activity responsibility, maybe at sometime in the future DDO would want this responsibility. Elliot Maxwell indicated that he would like to hear more from the DD on this topic, especially the reasons why the DDO opposes getting involved in or being associated with counter- terrorism activities. Synopsis: 1. There is confusion as to what is meant by counterterrorism. 2. Elliot Maxwell may be able to be "educaa.:'" to our point of view. 3. HPSCI seems to be saying, "Beware CIA, don't sew yourself into a statutory box on this issue. " Approved For Release 2QQ3/12/1:9 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Page 10a, section 106(a): what is the purpose or legislative intent behind this whole section? Elliot Maxwell stated that the intent in this section is to give the President authority to place activities carried on by Government agencies/ departments outside of the IC within the DNI's authority as a national intelligence activity. The example given by Maxwell was the case of the Department of Agriculture engaging in crop analyses which arguably are of national intel- ligence value. CIA. indicated that in its view the same thing could be done by definition. Synopsis: 1. No decision arrived at re subsection (a). 2. The operative effect of subsection (a) is to force the DNI to address the "intelligence vs. intelligence-related activities" issue. Approved For Release 2003/12/19 : -CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Page 10a, section 1.06(b): what is the purpose of having this subsection since the same information is presented in the annual budget report? IC Staff stated that as written this subsection is unacceptable since the requirement of reporting both to the President and the Congress could cause friction if, for example, the President does not accept the report or portions of the required report and, notwithstanding the Presidential disapproval, the DCI must present the report to Congress. Elliot Maxwell agreed to drop the congressional review in subsection Synopsis 1. Subsection (b) will be modified to reflect comments. STA Approved For Release 2003/12/19 CIA-RDP86-00101 R000100030015-5 Approved For Release 2003112/19 b(A-kI Pb6-00101 R000100030015-5 Page 13, portion of subsection (g) appearing thereon: CIA pointed out ambiguity of the language as written, i. e. , that the qualifying language 'whenever there is no Deputy Director" applies to all three specified instances in which the designated ADNI would act in place of the Director. Elliot Maxwell agreed to address it in terms of remedying the ambiguity. Approved For Release OA3/7-2/191: QIA-R[7P8;_6700101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Page 14, section 108(b): the same counterterrorism comment was raised here as raised under section 105 at page 10. Bill Funk pointed to the definition of counterterrorism, as it appeared in t Re 18 October 1977 draft Title I, to argue that since this definition of "counterter.rorism activity" includes the collec- tion, retention, processing, analysis and dissemination of counter- terrorism as well as any activity to prevent or counter an international terrorist activity perhaps CIA might want to look more closely at its position. CIA pointed out that it is not certain that the definitions section in the latest SSCI draft will be the same as the definitions section found in the 18 October draft. Elliot Maxwell agreed to consider all counterterrorism comments when he has an opportunity to discuss the issue with DDO. Synopsis: 1. HPSCI again cautions CIA not to be premature in its position on this point (see comments herein on section 105 at page 10 of the draft). 2. Point still open for discussion with SSCI. Approved For Release 0 94,11,2119: CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Page 14, section 108(c): what is the meaning and operative effect o the term ensure ? CIA raises the question of the meaning and operative effect of the term "ensure. " It was argued by CIA representatives that it creates an impossible task. Elliot Maxwell agreed that this subsection is not couched in terms of an obligation. It merely says that the topics raised in subsection (c) shoulJ if concern to the DNI, that the DNI should be monitoring the various areas mentioned to make sure problems do not occur. Bill Funk sided with CIA stating that such statutory language could have an operative effect of creating whole bureaucratic offices just to monitor and "ensure" each topic mentioned. Elliot Maxwell agreed to consider alternate language from CIA to take the place of "ensure. " Synopsis: 1. the issue is not settled; Elliot Maxwell willing to read and consider our language. 2. HPSCI sides with CIA on this issue. Approved For Release 2003/.12/1.9 ;CIA-RDP86-00101 R000100030015-5 T . ~ is d y'."~ ?.F a Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Page 14, section 108(b): with .regard to the issue of the responsi- bilities of the DNI, 5{9CI attendees agreed to look at the Executive Order to consider how to handle this issue. Page 15, section 108(d): CIA indicated that this subsection causes confusion as to who heads the CIA. SSCI attendees agreed to clarify the language here. Page 15, section 108(e): CIA expressed its displeasure with the use of the phrase -responsible for. " It was stressed that instead of making the Director "responsible for" collection he should be given "authority to collect. " If this was the Committee's intention, the language as written does not reflect that intention. SSCI attendees agreed to clarify this issue. Page 16, section 108(e)(3): CIA argued that this subsection is too restrictive and that the phrase "utilizing human sources" may be construed as limiting the Director to coordinating only foreign intelligence gathered by human sources. What about collection by technical means? SSCI attendees agreed to consider striking the phrase "utilizing human sources. " In the alternative they will consider chaning "utilizing" to "including the utilization of human resources. ' Page 16, section 108(f)(2): CIA questioned the use of the qualifiers "fully" ''carefully'' in statutory language. SSCI attendees agreed to consider changing this subsection. Page 17, section 108(g)(2): CIA questioned the meaning and the value of te phraseology "increase the usefulness" in statute. Bill Funk agreed with CIA stating this was an example of legislating "micro- management. " He argued that such things should be considered in the section 108(c) subsection. SSCI attendees will consider our revision of 108(c) as previously mentioned herein. Page 17, section 108(g)(3): CIA raised the issue of whether this subsection requires access. SSCI did not address this issue but argued that the safeguard herein is the phrase "is relevant to. " CIA countered by questioning who is to make such a deter- mination. CIA expressed the opinion that this subsection, along with the preceding subsection, serve no purpose. Approved For Release 2003/12/19 CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Page 18, section 108(j)(1)(c): whether international agreements referred to therein must be sent to Congress 30 days before entered into and whether such should be transmitted under an injunction of secrecy? CIA argued that the "30 days before" should be replaced by "60 days after"to make this provision comparable with the reporting requirement in the Case Act. Bill Miller supported a compromise position that would have the Director advising the appropriate committees of Congress of proposed intelligence liaison agreements that are "international agreements, " in addition to passing the written text of such agreements within 60 days of implementation. Synopsis : 1. SSCI split on this issue. Influence of Bill Miller resulted in the compromise. 2. Others on SSCI staff seemed to go along with the compromise. With regard to the "injunction of secrecy" issue, Elliot Maxwell argued that it need not be mentioned since S. Res. 400 covers this. CIA argued that even if it does, S. Res. 400 still must be incor- porated into the legislation to be effective therein. No agreement was reached on this issue. Approved For Release ,2QQ8112/19 ; .CIA-RDP86-00101 R000100030015-5 E*.. 11i lib`, .. k?1V j, rS Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Page 18, section 108(1). Sources and Methods issue. CIA argued that as written, and since this is the only reference to such authority, this language re sources and methods is unacceptable and that as a minimum we would accept nothing less than the statutory authority presently in existence. As written the SSCI language grants sources and methods authority only insofar as the Director is given authority to develop "common security standards. " Elliot Maxwell took note of our position on this issue but did not indicate which way he would come out on this point in the new draft. Synopsis: 1. CIA made its position unequivocably clear on this point. 2. Elliot Maxwell did not indicate one way or another whether our comments would be reflected in his next draft. Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Page 20, section 108(n) : issue regarding termination authority. CIA stated that the draft language limits the Director's termination authority to "national security" situations and questioned why the draft departs from current statutory language. Moreover, CIA argued that the language as written would require each case of authority exercised thereunder to be reported. Elliot Maxwell agreed to receive our redraft of this section and take our language into consideration. He indicated that the Committee is concerned that the termination authority be available only for what in effect would be cases concerning security problems (not e. g. , for "RIP~s "). Mr. Maxwell indicated some additional background information would be welcome. Synopsis: 1. Issue still open for discussion. 2. CIA to provide redraft. 3. Maybe some confusion within SSCI staff as to the appropriate scope of the termination authority. Approved For Release 2003/12710' 'CIA=F21)P86-00101 R000100030015-5 ti'ai 6r iiii'. i .'; 1r.? Vi Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Page 20, section 108(o): CIA. pointed out that the language of this sub- section would arguably allow the DCI to get around the FOIA. It was agreed that some limitations such as the phrase "in accordance with applicable laws and regulations" should be added to the end of the first sentence of this subparagraph. Page 21, section 108(p): The overlap between this subsection and the general provisions and intent of subsection 108 (c) were noted. This overlap should be taken care of in our redrafting of the 108 (c) sub- section (see appropriate comment herein). Page 23, section 110 (a): CIA raised two issues in this subsection: why aren't the Assistant DNI's placed at a level III on the Executive Schedule, and (2) why are these positions politicized by making them subject to the advice and consent? The discussion that ensued re the level of compensation centered on comparable positions in other Government agencies. No strong argument was leveled against the level III position. With regard to the "advice and consent" argument, our position was noted. Page 24, section 111: CIA questioned the purpose of this whole section and stressed that as written it reads almost as if to say that nothing is delegable hereunder unless done pursuant to section 111. Elliot Maxwell stated that one reason for section III is the concern of preventing the DNI from ultimately shrugging off his responsibilities to the Assistant DNI's. Mr. Maxwell also indicated his intent to make the Presidential transfer authority in section 111 available as an alternative to one provision of theReorganization Act (a transfer under this Act, e.g., would be subject to jurisdiction of the Governmental Affairs Committee). While it wasn't specifically agreed to drop this subsection altogether, Elliot Maxwell did indicate that he would consider including language to the effect that the ADNI's would "assist the DNI in carrying out his duties, " and possibly that the Director could delegate his duties and authorities to the DDNI and the ADNIs. Synopsis 1. CIA position taken into consideration. 2. Duties of the ADNI's to be clarified. Approved For Release 2003k12119 : CIA-RpP86r0,010.1 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Page 25, section 112(a) CIA stressed their position to go with the Executive Order language with regard to this subsection. CIA stated that the Director should have approval authority. Elliot Maxwell conceded that the language as written is DOD language from their draft. Bill Funk made a strong argument for CIA's position hereunder and suggested that much of the detail in subsection 112(a) was unnecessary. Synopsis 1. CIA's postion was agreed to in principle. 2. HPSCI favors CIA position. Page 27, section 113(a)(1): CIA stated that the Office of Finance wants to retain an annual budget and may not want to have provision made for appropriations on a two year basis as section 113(a)(1) seems to provide. SSCI attendees noted our position, and said they would like to receive a fuller explanation of our position before they changed their language. Page 28, section 113(a)(3): CIA pointed out this subsection must be modified since as is it reads as if the Director can reprogram between entities. Elliot Maxwell stated that the intent was not to allow reprogramming between entities. Comments from CIA Finance should address this issue directly. Page 28, section 113(b)(1): CIA indicated that as written it is unclear as to whether the CRF is made up of CIA. funds. Elliot Maxwell stated that this in fact was the intent of the drafters and agreed to make it explicit. In that regard the term "Director" at the beginning of the fourth li ne in the subsection will be changed to read "CIA. " To provide carry-over authority it was agreed to include words allowing the Director to 'establish and maintain" a fund (first line of subsection (b)(1)). The word "appropriated" in the third line is to be changed to "designated" in order to avoid potential problems relating to lack of a specific appropriation for CIA funds. Mike O'Neil of HPSCI, however, stated that his preference, which is shared by others on the HPSCI, is to have such funds lapse. Page 28, section 113(b)(1)(B): CIA pointed out that this subsection requires onerous reporting. Specifically, CIA asked what is to be included in the phrase "facts and circumstances. " What specificity does this require? Elliot Maxwell responded that this is an open question to be worked out Approved For Releaso.2003./12/49 CIA-RDP86-001 01 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 through subsequent procedures. In the third and sixth line of the sub- section the words "withdrawal and" should be inserted before the word "expenditure. " Page 29, section 113(c): CIA indicated that the quarterly reports called for herein should be relaxed. Elliot Maxwell said he would consider semi-annual reporting. CIA also questioned whether the report would require details of the expenditures or merely reference to the fact of expenditures. Elliot Maxwell indicated that such details as may be required remain to be worked out. Page 30, remaining portion, section 113(d): CIA objected to the phrase any committee of the Congress having jurisdiction over... as being too wide a gap which in effect undermines the exclusivity CIA has hoped to develop vis-a-vis HPSCI and SSCI. Elliot Maxwell stated that by using the word "committee" he was limiting the impact of this subsection since no subcommittees could claim jurisdiction without going through the committee chairman. It was pointed out that many chairmen could be easily influenced to claim "jurisdiction over such activities. " No agreement was reached. Page 31, all of section 114: CIA stated that it found all of section 114 to be intolerable and indicated that it would like it to be redone, utilizing as a base the draft E.O. provisions on sensitive collection operations and special activities. It was noted that as written it goes far beyond the Executive Order. Bill Funk generally supported CIA in this regard and characterized section 114 as written as "micromanagement. " Elliot Maxwell indicated that we should defer discussion of the issues involved until after we have a chance to review his new draft and specifically the section therein dealing with sensitive collection and special activities. Page 49-52, section 122: CIA indicated that this section as written raises problems as to who--as between the DNI and the Attorney General--is to have reporting responsibilities in the areas of domestic and foreign counterintelligence. Elliot Maxwell took note of our problems hereunder and agreed to look at this with a view to making reporting requirements coexistent with responsibilities. Page 53, section 123(a): CIA stated that as written, subsection (a) could be construed to require Cabinet level persons to be directly involved in working level discussions re communications security. It was agreed to change this subsection to allow for the appointment of "designees" to handle such matters. Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 II Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 TITLE I STAT Convents on Revised Draft of the Senate's Proposed Bill, National Intelligence Reorganization and Reformat of 1977 Page 3, Section 103, paragraph 1: Revised paragraph 1 specifies the authority for the conduct of intelligence activities necessary for the "national defense into the foreign relations of the United States." In lieu of the original, more inclusive wording covering "the protection of the national security of the United States," this narrower definition is repeated in several other sections of the Bill. This appears too restrictive in that certain intelligence activities (economic intelligence, counter- terrorism, etc.) appear to be better covered under national security terminology rather than national defense. Page 13, section 107, paragraph g: The DNI must provide by regulation which Assistant DNI shall act in the place of the DNI, when there is no DDNI, etc. This is quite restrictive in terms of the DNI's option to select the officer best suited for the current situation at any given point in time. ILLEG.IB -P ge-14, section 10&: 1--responsibilities do not include "special activities.", Page 15, section 108, paragraph d: "The DNI will act as the DCI." Title IV of the proposed Bill indicates that the President may appoint different persons as DNI and DCI. This needs to be clarified. Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Page 2U, section 108, paragraph m: This provides for more restrictive termination authority from "in the interest of the United States" to "in the interest of the national security of the United States." This wording would limit the present termination authorities under current law by requiring a relation- ship of terminations to only national security grounds. Page 20, section 108: The new draft has deleted paragraph 31, referring to providing administrative, technical and support activities in the United States and abroad.. This section must be reinstated or provided elsewhere in the Bill. Page 23, section 110, paragraph a: This establishes the Assistant DNI positions at Executive Schedule Level IV. Page 24, section-111, paragraph a: This section needs to be looked at closely in terms of the transfer of DNI authorities and duties by the President, subject to his notification of proposed transfer of such duties. The question is whether this is intended to cover temporary absences of the DNI as well. The current wording appears to be quite restrictive. Page 31, section 114, paragraph a: Restriction to national defense and foreign relations of the United States appears more restrictive than the original wording of national security. As elsewhere in the Bill, national security appears more appropriate to cover the broader areas of coverage required. Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 General Comment: Nowhere in this draft Bill is it stated whether the DNI group are hired, promoted, etc., within the competitive service or, as is the case with CIA in proposed Title IV, outside the competitive service. We have trouble with the termination authority and the availability of such authority only to the DNI and not to the Head of CIA. No provision is made for establishing grade levels of supergrades, unlike the limita- tion found in Title IV. Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-FR 10 January 1977 ILLEGIB MEMORANDUM FOR: Acting Deputy Director of Central Intelligence Deputy Director for Administration i-. Deputy Director for Science $ Technology Deputy Director for Operations Director, National Foreign Assessment Center Office of General Counsel Office of Legislative Counsel Office of the Inspector General Office of the Comptroller SUBJECT . Draft Charter Legislation ?.T 1. The attached redraft of Title 1 prepared by the Senate Select Committee was received this morning and is to be the subject of discussions with Elliot Maxwell on the Hill tomorrow afternoon. In view of the short time available for review, I would appreciate it if each of you would designate a representative to meet with mo at L:00 tomorrow (11 January) in Roam. 7E-32 to express orally your initial reactions to the draft. We will then proceed at a more deliberate pace to prepare a formal Agency response. 2. I would also like your representative to present any major concerns regarding other titles of the charter legislation, most particularly those pertaining to the CIA (Title IV). STAT Attachment Approved For Release 2003/12/ Associate Director-Management National Foreign Assessment Center ILLEGIB Approved For Release 2003/12/19 : CIA-RDP86-0001101 R0Q01000030015-5 0-770- January 9, -1978 Sections 102, 104, 114-120, 123, 124, and 125 are not included as they are in the process of redrafting. Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 To improve the national intelligence system of the United States by the establishment of a statutory basis for the national intelligence activities of the United States, and for other purposes. That this Act may be cited as the "National Intelligence Reorganization and Reform Act of 1977". TITLE I--NATIONAL INTELLIGENCE SHORT TITLE Sec. 1Ul. This title may be cited as the "National Intelligence Act of 1977". Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 -3- STATEMENT OF PURPOSES Sec. 1U3. It is the purpose of this Act-- (2Q to amend and supplement the provisions of the National Security Act of 1947 governing intelligence activities;ty t-erte o (.t -Fo muthori zee intelli gence activities necessary for the conduct ei the foreign relations w -4-e r -f hha nwh rna ao ri of the United States; ( to sure that +intelligence activities are properly and effectively directed, regulated, coordinated, and dministered; a to provide for the appointment lb National Intelligence, -delineate the responsibilities of such director,AAttlo confer on such director the authority necessary to fulfill those res onsibilities` and !r. and the entities of the Intelligence Community %accountable to the President, the Congress, and the people of the United States ~ar~d dud ~c (4) to ensure that the executive aa, legislativ branche 10.) i e s of the Government are provided, at the lowest possible cost, with such accurate, relevant, and timely information and analysis as may ,be necessary to enable branches to make sound and informed decisions regarding the security and vital interests of the United States and to protect the United states against foreign intelligence activities, terrorism, and other forms of hostile action directed against the United States; .wd.. rn (B) tal so that the intelligence activities of the United States conducted in CIGCOYd~1f fGQ, ffldur with the Constitution and laws of the United States ana: not infringe upon or violate those individual rights protected by the Constitution and laws of the United States. ILLEGIB Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 -lu- NATIONAL INTELLIGENCE ACTIVITIES; AUTHORIZATION x1r1t intelligence activit, ay be undertaker 4 wA ntittn of the Intelligence Community the provisions of this ontrol of the National Security Council pia t4 tional Sec. 105. X Subject to the provisions of this Act, the entities of the Intelligence Community are authorized to engage ' in national intelligence activitie under the direction and And oe b +r1 4W4rd C& ~Xt'h Intelligence unity, subject to the provisi this Act, to (A) collect, process, ze, and di mate to the executive and legislative branches of t rnment, accurate, relevant, W'*peciL I M-MViTIee (fl C hereinct-fer &n thts re .. "). ~s attetftc~PAc e acfAillfes a1o~l"IVihes -) taunter- ' e l ctdiwift' Qtti v,e5'~rintef [tc,s p~-iv,teS, q d e~unv},ror~s t rn r. rronsm ,v tt Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 ILLEGIB: Approved For Release - DP86-001011600030015-5 10-7 Sec. '*~ (a) There shall be a Director of National Intelligence (hereinafter in this title referred to as the "Director"). .There shall .Pe-w. be a Deputy Director of National Intelligence (hereinafter in this title referred to as the "Deputy Director") to assist the Director in carrying out i-,ia~y~d~,s functions under this Act. (b) The Director and the Deputy Director shall be appointed by the President, by an with the advice and consent of the The M iftct'er .r ft t Qplit'y'D ri-ec,t , aatsicfe the U cFk&d 19 ;t fil zin hunt rrww the National Security Council, collection, processing, C) .rrc r." UT w Mrs u4 responsibil?bipw for the production of Q,no1 e ap national Rv-nign intelligence, including national intelligence estimates and similar intelligence Community- coordinated analyses, andAhs, ::~ ~~ , ?e en sur rlatrevict,i Qwg. that~in the production of s.w1111 intelligence 84 diverse points of view are and Q4TefUUy, presented ^and considered Aand that differences of judgment within the Intelligence Community are fully expressed for policymakers; (a) obtain such analytic assistance from a 1.s. and-y a. - intelligence production organizations as s ifii~ `r'Q' 'POrVm 7iY' ctO necessary4to fulfill the Director's responsibilities under eimlaa f# a= this subsection; security procedures;`bynation ntelligence information r.. ~ .` prcbuuf,e i)r k r -Pr0 ~ S " , F Ut !t 3 PYL+C t~Y r ud;ct a 1 brar-ches of fth~e Gove-~nmo-d- with A - the ,1 tsiQtl vie., 4nd `ell 9rm cc cnfc r ~e leua n . rr a t-?on 4nd ano sis needed s d_ - - j rtct r or~c~ 1 fe'spensi6tif ies under ttt~ Costsf-'rf tS+ion and [nt., vr.1 ~~' - b'~?nch'es +t' TKAt Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 -17- C )The Di-leciar shall be S A *~++-z+=s-responsibilg " for the dissemination, Cunder appro_pr_iate security procedures, of national intelligence4Afurnish,. to the departments and agencies and to appropriate operational commanders of the armed forces of is biter the United States1 national, ~ '-'-4 - W,,, intelligence which is produced by the entities of the Intelligence Community relevant to the duties and responsibilities of such departments and agencies and operational commanders of the armed force ~IYeiy r the national intelligence that is prod cu ed and disseminated by entities of the Intelligence Community and report on an annual basis to the'Per SC-7- 04- ~ H- Of r-?',} the Scl- a the t,_ _ _le oe i tier on the results of such evaluationgand on the Director's efforts to improve the quality of such national intelligence& (14) prepare, in consu n with the heads of Ci) The Dirtictor Ctii Fbs.i ^ ensure the app opriate implementation of special a,nd activities, sensitive clandestine collection projects 'Sys - t ' 1 c n ee o t e ounterintel igen 6 --~~~a o c r - ~..1 DiTr'S'0'7T"I r~een _ * (2) est'abltsil p~unes, which (uxJudin d W411 rnCr ,e the vsePullne .for ~wagenc,es g epafhl,o 's*agenctes nz c'.'i hii, the T .C.) oc? ~'v? ec t~ect-~,pr~,eess 4-6 (3) ens this >a~,en a t~e!! s enc Q&i v i h- ec -, and 'rdeuard- +0 -thc t ' wiXr or 'ac cecl. loy~ I! ~ ear roes QCt"i1t,' S of Such a Lopo eMj rKit7Dr~QJ i~t-e1119,~nce, Countev-rn-~ll ? J ? ^ . '`cam' enfe Qer ,4 ? Goun ray m grIL Approved For Release 2003/12/19 : CIA-RDP86-00101 000100030015t Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 ILLEGIB Intelligence counterintelligence the United States; States ati -- (- X t-) '711 P~ectos' half - - W (r{) rr7-r rormulate-----4-----policies with respect to intelligence arrangements with foreign gover nments;a ~ emrdwai%.1n+eilic~e ec. A relationships between the various entities of the Intelligence Community and the foreign intelligence or internal security services of foreign CCU?} transmit to the Permanent Select Committee on Ca)--~ ~t '~?"~il~f-etlinCe c?r at least 30 days b re such proposed ?~'1 C~ct OP c- fa,-c~i 1R?~rnast~el~ad gC-u?v*lil~cj a rriat+enshi tN t AGWen on proposes agreement y qty T.C. Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate the text of an agreement -Orr--+rj-T~~-,~L Aorchnn' is entered into by /r ernrfwx}' any officer or employee of the United States -ai.on behalf of the United States,-iii, aveare-ingi,f,:ush sgraeme~rtti tear shall be exempted from the Pro O IsCans -% ^sa~rsoaaw+ro of section 112b of title 1, United States Code; ~rhe-I3I'ec} - shg11 t Ri+ assign to a single entity of the Intelligence Community responsibility for any service which is of common concern to more than one such entity but which ' b can e more { wTr!j ar+r7 effectively performed by a single entity; f "The I7lnect-o -shad, a, V+t3Qx' +a /7rYSt' "irl ~ic~pn~ Goor ,4, rn (. n establish common security standards for the urx"f OF r,ly Q i di to intelligence activities- -- t ee --- management and handling of information and material relating imp3inw . a'b'IeTl~lT, lj,e iee f t1,' n An prap s ynternc ' j s icn which lsifMsV.& ited rtbed cn ~n2> rx~h ~` 4p" 6v~d err'Rtlea 26D / ~:~k~lA J 6 O'1 R 0 1,"030 ,-5, CiX o this S o~~ uance wun me {rwisio-ns o such PM-zagra,ph Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 F __~. _ . T)I7-re~i+r aha~ i, nouuerl ensure >49oppropruatti, the downgrading and declassification of such information and material -- e'??' consistent with applicable laws and executive orders; Act; ommittee established pursuant to section 122 of review the communications security activitj ates and make such recommendations to committee as t the United General, and consisten (25) establis information from unauthor Intelligence Community and of information acquired by priorities for th identification, sele requiremen Defense with equired in time of war or other national crisis, such various entities of the sclosure; eria for the ation of relative ontinuing guidance as to th of the Intelligence Community of such intelligence; 27) formulate, in consultation with the se, plans providing for use by the Secretary such elements of the Intelligence Community as ma Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 ILLEGIB intelligence activit (28) provide, in co 'on with the Secretary of Defense, for egular exercises of pla rmulated - i . r~4 ~..o ~c u.c cui esvymcuL Vl ady o cer or employee of the Central Intelligence Agency orVAtthe office of the Director whenever the Director considers such (n) ---.-> ILLEGIB ties of the Intelligence Community, (0) In order to carry out the Director's duties under this title, the Director is authorized to obtain from any department or agency such information as the Director deems necessary to perform such duties; and each department and agency shall furnish such information too the Director upon request. The Director shall take appropriate steps to maintain the confidentiality of such information. V4 X Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 ILLEGIB fe;oert to-tl SO-1: of ft,r ' R.4t,,e st`=aF th a SQnd however, the Director shall in a timely manner, oq an~~ its~ exercise of the Director's authority under rh;spnc~~h ,.snes..termination4shall not affect the right of such officer or employee to seek or accept employment ^- this N h the Government if declared eligible for such employment by the United States Civil Service Commission; appropriate-subject to the Cn) T-i OVd tb carry cuf-'~?e ?~ti - t~uttes cu-,Ier'-th -itt'~ to hire -- is allth ortzed +a eandhq- "ra.m s Pei ante wits f t r t;es o~ evaluaf cut'v, the err~'c~tes oct eI. C' . tms Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 termination necessary,,or ,2/112/0: CIA-RDgA% Approved For Release 200 101 R0 0100030015-5 ~+ r (p-) o / In order toj rry out the Director's duties under this ski review all reserrrC41.-deuelepmorit actiY-h .,~rsuP ' v t#he Director 11r-1 Wceuv or M-re1!- I',C a p th e NSc,' ~ p 1at_ Cmrn n-Mes h &mgress op te rU ' ro ~ ? .l p t pp L, a e, r S C thy-' shall be construed any entity of the Intelligence Communit from producing disseminating its own analyses of national intelligence information collected by any entity of the ntelligence Community, analyses shall be 'promptly provided to the Director. men't such recommendations as the Director deems a Dr sytcor- sh a i Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 r sF -sGenerraI the U rI ou s e1rh t, s CPthe2C, a.nc4 rr reul'arw aI I tho- irite r' _ S Ct 4-'UTtelllg' z reM-t-ed cldivt A t G heOMMmerd UPan &oeh rub u~c,,tfip " Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 DEPARTMENTAL RESPONSIBILITY FCR tog REPORTING NATIONAL INTELLIGENCE' Sec. irher. It shall be the responsibility of the heads of departments and agencies and all operational commanders of the armed forces of the United States to ensure that all national intelligence obtained by such departments and agencies and operational commands of the armed forces of the United states is promptly furnished to the Director or to the entity of the Intelligence Community designated by the Director to receive such intelligence. Nothing in this title shall be construed to prohibit any department or agency from collecting, processing, or evaluating,,fe"4-disseminating departmental or tactical intelligence if such department or agency is otherwise authorized to do so. Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 ASSISTANT DIRECTORS; STAFF; COMMITTEES AND SCARDS Sec. adi} (a) The President is authorized to appoint, by and with the advice and consent of the Senate, not more than five Assistant Directors of National Intelligence. -N (b) The Director is authorized to employ such personnel as may be necessary to assist in carrying out 7 resooonslbilities ux,(f erttiis AC' 4 ,1-r. Such staff may include, but shall not be limited to, persons employed by any entity of the Intelligence Community. (c) The Director is also authorized to establish such committees or boards, composed of officers and employees of the United States, as may be necessary to carry out effectively the provisions of this title. (d) The Director is also authorized to establish such advisory committees as may be nr:cessary to provide expert advice regarding the administration of this title. The provisions o: \ the Federal Advisory Committee pct (86 Stat. 770 shall apply with respect to any advisory committee established by the Director under authority of thi: section except that the Director may waive the application of any or all of the provisions of Act when the Director seems such action necessary to the As ~ k !Fie; - and the names of all persons appointed to serve on any advisory committee establi abed under e 5 l4 SC,-Fo,- pOS'1firtnscd- Ipvo1 , ? - -,. - ` ` ' S UCH cot n rn Im e=. flssi. t&r~' D N~ s hx l l tae section r'&itlLr( to ttw- Mme C orn 5315 i ft1 authority of this Act shall be reported too ~ successful performance of the duties of any entity of the Intelligence Community or to protect the security of the activities of any such entity. Any waiver exercised by the Director under this section shall be reported to thel ha+s~, e_;~_ `^'G+~crT QJ c~-v'1e senate sit '(ar)er(6d b ,.,u. a Lr In -rWt> cq tyj - ? be eccuppd ley Crmrnissruin (}~,' P?s't)dns of Assent Dnt1 0.trtive a,r rehre8 gha-rUs. ?~ v a~-rnpc! fames, wh'et3)\r Ln Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 AUTHORITY OF THE PRESIDENT TO TRANSFER CERTAIN DUTIES AND AUTHORITY OF THE DIRECTOR OF Sec. -1, (a) The President is authorized to transfer any or all of the duties and authoritlr"Iof the Director which pertain to me. irector's duties and authorit} as head of the Central Intelligence Agency to any person serving as the Deputy Director on or to any person serving as,Assjstant Director of National Intelligence if such person was appointed to the position of Deputy Director or to the position of Assistant Director of National Intelligence by and with the advice and consent of the Senate and if-- (1) the,~ President notifies the Congress in writing of they T ~ -,"- " -- v transfer -r "- r:- and specifically describes the duties and authorit,Pto be transferred and,+the officer or employee to whom such duties and authorit' are to be transferred; (2) sixty days of continuous session of the Congress have expired following the day on which Ano notification was received by the Congress and (3) neither House of Congress has adopted, within such 6u-day period, a resolution disapproving such transfer of authority. (b) For the purposes of this section, the continuity of a session of Congress is broKen only by an adjournment of the Congress sine uie, and the nays on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of such 60-day period. ILLEGIB Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 NATIONAL INTELLIGENCE PROGRAM AND BUDGET AUT ORITY; PROG(Wri A ZiT AND EVALUATION; INFORMATION Sec. 112. (a) The C ctqf ,7_1 .~ exclusive ave -Qo,r Y?M bt1I -4 'e` the national intelligence budget L +e:+~ to the President through the Office of Management and Rnd,tl~l*i ropprcWl _7 rye Prestd e0,fbr trs presentntrr+ to time QCn Budget?^ In carrying out the Director's. responsibility under this section, the Director shall-- (1) provide guidance and assistance to the heads of the various entities of the Intelligence Community in the preparation of the programs and budgets of such entities which relate to national intelligence; (2)q^ffreeviewra nd evaluat~~the annual program and budget 'ttte Lint ;Cr- F?Ya.Cam`t-t1 fO CTfI ( Ck'-`31tS ib71 . proposals submitted to pr gore ,h - - - ICKM national intelligence9-~a~ :n -the a:tlt'rta.l t ri~..:L1cyp,J'-C t' .) present,4.??9tilp. oudget'to the ?resident through the Office of Management and Budget; (4) present and justify to the Congress the President's annual budget for national intelligence; T--(5) conduct program and performance audit and Corr etr;-1 evaluations to1'_-_... pcngtbiltj7$(I,-- )5~.+ o~ she Trltefj, - L'*mrrYt'151~7 a to i7~nra 7cti ,1t1eS -hall-::.a develor;~'.,.rr, and submijr-i~~.,- to the Directoc~-~- L3-j 0. prop?_sea program{and buoge,4 r the^,. _ ,.\ or agency ased upon program and bud^et guidance from the ~c31 ~rrPCrrtirxn>1 C15 the Liro~ a.- ,, , Q G r ?_c t such form and at such time as the Director shall prescribe -f trd flt='C --10 c -r- o'sai" the Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 responsibi ty for carrying out national intelliw . e activities may request the . esident to revie isions of the Director on the annual program or et for the national intelligence lej The head of each entity of the Intelligence Community shall, in consultation with the Director, and in accordance with section 3679(c) of the. Revised Statutes (31' U.S.C. 66--t)> establish the rate at which funds appropriated to such entity for national intelligence activities for any fiscal year are to be obligated in such fiscal year. M shall provide to the tor, in a ti responsive manner, all information reaua _ y the ., actor for use in performing the Di- . r s program and budget responsibi under this an a,-try C -*'re -2:.n . (CL The head of each department or agency4-i..n-?ar,- '(p ke %id1 aCCt1'on 0.S -+sQ tg ! 11~'C~2SSQ1 u, *p shal11'e-11 sure that internal program and budget decisions of such Department or agency have no aaverse effect on that department or buaget relating t6-thQ ixc: ~Y ies a4j- Q.rrht op- m h-"n Yfrr,~n; or a9enc:4 k Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 REQUIREMENTS RtLATING TO APPROPRIATIONS FOr' NATIONAL INTELLIGENCE ACTIVITIES dc7e3 H" fi ILLEGIB (12, Sec. i+= fiscal year after September 30, 1978, for the ourpose of ,spf a) aziWitta, Caln~erirte(((4nCt.QC-~~ti 1 ,:>i carrying out any national intelligence activityAunless.funds CDUq;r~~ 4iviizl for such activity have been previously authorized -~}---_~r by legislation enacted during the same fiscal year or the fiscal year immediately preceding the fiscal year for which such funds are appropriated, except that the foregoing shall not apply to funds appropriated by any continuing- resolution. funds for n (2) the House of Rep Senate and the -Forexh-fir sna! War- 14e P2.?d - 4a(Irrak o~ , "Tirrml+) *%4mll m fibL') i -thQappropriC j a-n 0fi7vrc- ~ 5r the ratjtral intc-lirc s~ o their respective Houses ryIn~ 5 ble Omt~U publicly disclosed regarding the "fr"y-,e- fl :t c I ink( Jagrcz 'CcL l'r . 'th4t authority for reoroorraam~ming fundsA4rs_national intelligence A :__ : authority may only be exerciseo within the guidelines of the Office of Management and Budget and only trmSUlttnq andreaavin9 th-e cpp '' I C>+ aftera, withAthe appropriate commirteec of -C(3) The Director shall have f;9ii mme exclusive L i hin *m W d r L,:A icJi PrCp7M=Qd Community at' cted by the reprogramming of - unds. The -DY"MMTYIInq ~~}C1II r5v i re -Mie pr ig- Q r4 ~1-'Lj~ ~ ire cicrc-~ pose off carrying out tl`e national intelligence activities for carrying out .,nal intelligence activities may request the - esiden to review any action of the Director which roposes to repr cam any funds appropriated for the Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 IV t Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 /-JA ,R,a.,-d 5 I ;,U cr4 eve 00. (b) (1) The Director is authorize '*o stablith a fund to be known as the Contingency Reserve rrundAand to cred~n to 3 e. crl F er": 1a as tI,2 such fund only monies specifically appropriated to the LI,Y!~Yd'tor for such Find. The Director is authorized to expend funds from the Fund in any fiscal year for the payment of axpenses incurred in connection with 0)4L~Tri Cam: ' ~ any national intelligence vAif activity f-- li~2t`Ir1'~'~,lIe tYt ch" (A) o"Ithdrawa.+ o~-rvnd"' r ,+r-sm 4ttivt rij the nas been previousl ~ y approved by the Office of Management and Budget; -4n ILLEGIB (B) the appeept a ~' nrni r'rrQ on ~~.1rtC4 . 4 yave . pF-d'j'e hewn not fi d e ?_ _. _ - A-- - e of th such expenditure at least 72 hours in advance TV of the rmr t ynofc`"r / '` +'t ~Csl.e C1~ s,cr initiation of such expenditure; except that in extraordinary authorize the without prior circumstances the President may u }? expenditure of4Mwfts:-.from a_Cund notification to the appropriate committees of the Congress if the President notifies such committees of the Congress within 48 hours after initiation of the expenditure of such funds, describes the activity for which such funds have been or are to be expended, certifies to such committees that prior notification would have resulted in a delay which would have been harmful to the United States, and discloses to such committees the reasons why the delay would have been harmful. The foregoing shall not be construed as requiring the approval of any committee of the Congress prior to the initiation of any such activity;[ (C) the money fromund is used solely for the purpose of meeting requirements that were not ant.cipated at the time the President's budget was submitted to the Congress for such fiscal year, the purpose for which such money was used requires protection from unauthorized disclosure, and the activities to be funded are authorized by law. Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 ILLEGIB Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 of paragraph (1)1,4 sunder out in compliance with subsection unless as been approved by the Director and for is available in the Contingency was approved under this subsection and any amount approved for expenditure but not actually expended for the specific purpose for which approved shall remain in4 + fund. ., . -- L 3)+ activity funded from the C- nn: Fund : ':w 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. (c) The Director may approve the expenditure of funds to cover matters relating to national intelligence activities of an extraordinary or emergency nature. The expenditure of funds for such purposes shall me accounted for solely on the certificate of the Director and every such certificate shall be deemed a sufficient voucher for the amount certified therein, but funds expended for such purpose may be expended only for activities authorized by law. The Director shall report quarterly to the on expenditures under the authority of this subsection. (d) All funds appropriated to the Director, all funds ILLEGIB STATINTL C.vf1Q p'S.C~'C{le House the ~),e SZ s , made ''r tSEi CL'~-_ appropriated to entities of the Intelligence Communi?v, and all special C~7rvtli es, C= ivthes,?~ ~'~.rror~smrv,~7~SJ national intelligence activities t-e and information and"rnaterial relating thereto, shall be subject financial and program management audit and review by the Comptroller General of the United States upon the request, or Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 with the approval, of any committee of the Congress having sciC..1" Jurisdiction over , rt aea c ~ activities, except that any funds expended for a particular activity, and the activity for which such funds are expended, -may be exempted by the Director from such audit and review if the Director (1) determines such exemption to be essential to protect the security of the United States, (2) notifies the appropriate committees of the Congress of such exemption and the reasons for granting it, and (3) reports quarterly to the appropriate committees of the Congress on each activity exempted under this Subsection. Any audit or review conducted by the Comptroller General of the United States under authority of this subsection shall be conducted in accordance with such security standards as the Director e,fwak s 9i i - -s4~ and the committee requesting or approving such audit or review shall prescribe. Information resulting from any such audit or review shall be available in the Congress only to the committees of the Congress authorized herein to request such audit or review, except as provided under section 124 of this title. 25X1 Se e II ILLEGIB Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 toULZr;'i' p ECIAL PROCEDURES ANDREQUIREMENTS FOR SENSITIVE INTELLIGENC PROJECTS AND^ACTIVITIES RIf t+a. sistant to the p National Security Affairs, th Secretar of State, the Secretary of Defense, the Attorn neral, the Director of n whicbVif discoveredyor disclosed to WItxfLtV~}lpr?i heslder~tbenm, , we"rya- be likely to cause serious d?me g sts o ILLEGIB e clandestine collection I WaQC"V?1T thosey~ which e/lf tb ?" ~J0" ~~een~o+^ )) ~4naCocrtrk p- CCIMVh an belieues would, i-F discoverea;or discloses wouta ce likely to cause exceptionally grave damage to the interests of the United States A shall establish a ..a "--__- ~~CI'FC~i>C~" l.evei of review and approval required with respect to.4such category `rity Council a committee to be known the Senate shall not be required in son who, at the time of such person's appointor irman of the Committee, is serving in an office for (Al The President shall establish --L&M- L&~, c to ories of 4--ki vin mug the ce loiledfv+n a- 'rig ligenc ~e*na intelligence activities^on the the basis o of f the he l likely impact such activities may have on the P-~tional defense and foreign relations of the United States and on the likely impact disclosure of such activities may have on the fita(t,~'. ,; An+an9-ttse Ca Ties of ~"^~t^i i ::. clandestine collection p - mss ,~~aes the President shall establish a category of "exceptionally sensitive" Mhvi ks &I ~.+hich ely" b " Approved For Release 2003/12/19 : CIA-RDP86-00101 R000100030015-5 Qnd t~'l+e DF C~}~Q. _ -.~...?~CTlOlJ7CT~C . Cst f/.0~ . ~anda