S.2525 - National Intelligence Reorganization and Reform Act95th Congress (1977-1978)
|Sponsor:||Sen. Huddleston, Walter (Dee) [D-KY] (Introduced 02/09/1978)|
|Committees:||Senate - Intelligence|
|Latest Action:||Senate - 02/09/1978 Referred to Senate Select Committee on Intelligence. (All Actions)|
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Summary: S.2525 — 95th Congress (1977-1978)All Information (Except Text)
Introduced in Senate (02/09/1978)
National Intelligence Reorganization and Reform Act - Title I: National Intelligence - National Intelligence Act - Authorizes the national intelligence community (but only the intelligence community as defined in this Act) to conduct national intelligence, counterintelligence, and counterterrorism activities under the direction and control of the National Security Council. Authorizes the President to determine what activities, in addition to those enumerated in this Act shall constitute "national intelligence activities.
Establishes within the Executive Branch an Office of the Director of National Intelligence headed by a Director who shall serve under the direction and control of the National Security Council. Makes the Director responsible for the coordination of national intelligence, counterintelligence, and counterterrorism activities conducted abroad by the intelligence community and for review of all ongoing and proposed intelligence activities to assure their effectiveness, efficiency, and legality; and requires such Director to serve, additionally, as Director of the Central Intelligence Agency (unless such office is held by the Deputy Director of National Intelligence). Makes the Director responsible for the preparation and approval of the national intelligence budget.
Sets forth requirements relating to appropriations for national intelligence, counterintelligence, and counterterrorism activities. Provides for audits and reviews of such appropriated funds by the Comptroller General.
Directs the President to establish standards and procedures by which activities involving the clandestine collection of foreign intelligence shall be reviewed and approved. Requires such standards to be submitted to Congress. Prohibits the conduct of any activity abroad to further United States programs in such a manner that the role of the United States is not apparent (not including counterintelligence or counterterrorism activities) without prior presidential approval. Requires an annual review of such activities by the National Security Council. Limits such activity to the CIA or, in times of war, to the armed forces.
Prohibits payment to specified persons to engage in intelligence activities including: clergy, promoters of education, the arts, humanities, or cultural affairs, and journalists. Prohibits the maintenance of cover for any United States agent with any United States religious organization, academic institution, the Peace Corps, or any Government program promoting education, the arts, humanities, or cultural affairs through international exchanges. Prohibits the use of any nonmilitary United States person by the intelligence community as a combatant in any foreign country, except pursuant to a declaration of war by Congress. Makes it a crime for any person within the United States and any employee of the United States anywhere in the world to conspire to assassinate any foreign official. Prohibits the use of specified activities including: support of international terrorists activities; creation of food or water shortages or floods; creation of epidemics of diseases; and torture of individuals. Permits the President to waive specified restrictions of this Act in time of war.
Requires the National Security Council to manage counterintelligence and counterterrorism activities of the United States. Requires, generally, the Attorney General to notify Congress of the initiation of specified counterintelligence or counterterrorism activities prior to such initiation.
Directs the President to establish an Intelligence Oversight Board which shall discover and report to the Attorney General any intelligence activity which the Board believes raises a question of legality and report to the President, and where appropriate, to the Director any such activity the Board believes raises a serious question of propriety.
Provides for congressional oversight of all national intelligence activities.
Title II: Intelligence Activities and Constitutional Rights - Intelligence Activities and Constitutional Rights Act - Directs the Attorney General to participate in the National Security Council, with the Director of National Intelligence, the Intelligence Oversight Board, and the heads of branches of the intelligence community, to ensure that intelligence activities conform to the Constitution and laws of the United States.
Prohibits collection of information regarding any person for foreign intelligence, counterintelligence, or counterterrorism purposes, except in conformity with specified standards. Permits the collection of information with the consent of the person in question. Permits the collection of publicly available information related to an authorized function of the collecting agency. Requires information to be collected by the least intrusive means possible.
Directs the head of each entity of the intelligence community to designate those officials who are entitled to authorize information collection, and to issue other regulations pertaining to information collections.
Sets forth standards under which the collection of intelligence information is authorized with respect to any United States person who is reasonably believed to be engaged in espionage or clandestine intelligence activities.
Permits the utilization of certain intelligence gathering techniques only in exigent circumstances or upon a finding by the Attorney General that such techniques are reasonable and necessary. Includes among such techniques: (1) the examination of tax records; (2) physical surveillance; (3) mail covers; and (4) electronic surveillance. Limits the validity of the approval of intelligence collection to 90 days, renewable for an additional 90 days. Stipulates the findings which must be made prior to approval of such information collection.
Permits information collection for up to 180 days concerning targets of foreign intelligence services or international terrorists. Requires that such targets be informed of the risks posed to them by foreign intelligence or international terrorists activities, except in certain circumstances.
Specifies the circumstances under which foreign intelligence in the possession of a United States person may be collected without such persons's consent.
Authorizes information collection for 90 days concerning a United States person who is reasonably believed to have contact with any person engaged in espionage or clandestine intelligence activity, in order to identify such United States person and to determine the access of such person to information the disclosure of which would be harmful to the United States.
Authorizes information collection for 90 days concerning a United States person who is reasonably believed to be a potential source of information or operational assistance. Specifies the circumstances under which such collection may occur without the consent of the person concerned.
Authorizes information collection concerning a United States person within, on the grounds of, or in the immediate vicinity of the installations of any entity of the intelligence community. Stipulates the limitations upon such collection. Requires the matter to be referred to the appropriate law enforcement agency if a clear threat to the physical safety of the installation is posed. Permits information collection concerning any employee or contractor of any entity of the intelligence community to determine if such person has violated security regulations. Stipulates the techniques which require prior approval when used in collection for this purpose.
Authorizes information collection concerning a foreign person in the United States in certain circumstances.
Stipulates the conditions under which nonpublic information collected for intelligences purposes may be retained by any department or agency without the consent of the person who is the subject of such information. Permits retention or dissemination of information collected through electronic means only in accordance with title III of this Act.
Permits intraagency dissemination of collected information only to persons who require such information for the discharge of authorized governmental responsibilities.
Stipulates the circumstances under which private information may be disseminated outside the collecting agency.
Permits the retention or dissemination of information collected in violation of this Act only for purposes of redress. Prohibits destruction of such information if the collecting agency is on notice of a related administrative or judicial proceeding. Declares that the limitation upon retention or dissemination of collected information are not to be construed to limit Congressional access to such information, or to prevent the retention or dissemination of information in a manner which clearly would not identify the person concerned.
Prohibits any intelligence activity to be directed against any United States person solely because such person exercised any Constitutional right. Prohibits any intelligence activity from interfering with the exercise of any Constitutional right by any United States person.
Prohibits the dissemination anonymously or under a false identity of intelligence information concerning any United States person without such person's consent except in certain circumstances.
Prohibits any person on behalf of an entity of the intelligence community from instigating or committing a violation of the criminal statutes of the United States unless: (1) approved by the Attorney General; (2) acts of violence are not involved; (3) this Act is not violated; and (4) the violation is necessary to prevent espionage, sabotage, terrorism, or assassination.
Restricts undisclosed participation in United States organizations on behalf of an entity of the intelligence community. Stipulates the circumstances under which the head of such entity may approve such undisclosed participation. Prohibits entities of the intelligence community, other than the Department of Justice or Treasury, from assisting the Law Enforcement Assistance Administration or State or local police organizations or activities. Permits such entities to cooperate with law enforcement authorities with respect to protecting against espionage, activities and other related, stipulated functions. Directs the Attorney General to review any such provision of equipment, information, or personnel.
Prohibits any entity of the intelligence community from conducting research on any human subject except in accordance with applicable guidelines issued by the Secretary of Health, Education, and Welfare. Grants the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research jurisdiction to monitor such research.
Title III: Foreign Intelligence Surveillance - Foreign Intelligence Surveillance Act - Establishes a Special Court of the United States whose main task shall be to rule on applications for approval of certain domestic and foreign surveillance and intelligence activities in accordance with standards and procedures set forth in this title.
Establishes a Special Court of Appeals with jurisdiction to hear appeals from decisions of the Special Court.
Requires each application for any order approving domestic electronic surveillance for foreign intelligence purposes to be approved by the Attorney General and to include among other information: (1) the identity of the officer making the application; (2) the approval of the Attorney General to make the application; (3) the identity of the subject of the surveillance; (4) the fact and circumstances justifying belief that the target of surveillance is a foreign power or an agent of a foreign power; (5) a description of the type of information sought and a certification by one of specified Federal officers that such information is foreign intelligence information that cannot feasibly be obtained by normal investigative techniques; (6) a statement of the period of time for which the surveillance is required; and (7) a statement of procedures to be taken to minimize intrusion into the privacy of United States persons.
Directs the judge to enter an ex parte order as requested or as modified approving the electronic surveillance if he finds that the criteria specified have been met. States that orders so issued may approve surveillance within the United States for a maximum of 90 days where the target is not a foreign power or a maximum of one year, reviewable every 90 days, where the target is a foreign power. Establishes procedures for obtaining extensions of surveillance orders.
Authorizes the Attorney General, upon a reasonable determination that an emergency situation exists, to authorize the emergency employment of electronic surveillance if the appropriate judge is informed by the Attorney General of such authorization at the time it is made and if an application for judicial approval is made as soon as practicable but not more than 24 hours after authorization. Requires, in the absence of a judicial order, that surveillance terminate when the information sought is obtained, when the application for an order is denied, or 24 hours after authorization, whichever is earliest.
Allows information acquired from electronic surveillance conducted pursuant to this Act to be used and disclosed only for designated purposes or for the enforcement of the criminal law.
Requires the Attorney General to submit an annual report to the Administrative Office of the United States Courts and to Congress, of the number of applications made for orders and extensions of orders approving electronic surveillance and the number of such orders and extensions granted, modified and denied.
Restricts foreign electronic or signals intelligence activities targeted against a person other than a United States person with respect to treatment of any resultant information regarding a United States person.
Prohibits, except in accordance with this Act, any intelligence entity from intentionally attempting to acquire information concerning a particular United States person or persons by means of foreign electronic or signals intelligence under circumstances where a reasonable expectation of privacy exists or where a warrant for law enforcement purposes within the United States would be required.
Sets forth procedures for judicial approval of such activities substantially similar to those procedures set forth for domestic electronic surveillance. Allows the senior United States official of an agency authorized by the President or by statute to conduct electronic or signals intelligence activities in a foreign country, the head of such agency, or the appropriate United States chief of mission to authorize such activities on an emergency basis provided judicial authorization is sought within 72 hours.
Bars an intelligence entity from conducting unconsented physical searches within the United States or unconsented physical searches of United States persons abroad except where searches comply with constitutional guidelines for law enforcement activities, or judicial authorization, based on standards for domestic or foreign surveillance promulgated in this Act, is granted.
Imposes similar restrictions on mail openings by intelligence entities.
Title IV: Central Intelligence Agency - Central Intelligence Agency Act - Enumerates the functions of the Central Intelligence Agency (CIA). Authorizes the collection of foreign intelligence abroad and from foreign persons domestically by using publicly available sources and clandestine means. Authorizes the conduct of counterintelligence and counterterrorism activities domestically and abroad, but limits such domestic activities to those integrally related to CIA activities abroad. Lists general and special authorities of the CIA including procurement powers and authorization to loan CIA employees to other Federal agencies. Provides procedures for, but does not require, the liquidation of any CIA-owned business entity the net value of which exceeds $50,000. Authorizes the entry of any alien and his family for permanent residence where such entrance is in the interest of national security.
Establishes the General Counsel of the Agency to serve as the principal legal advisor to the Director of the CIA. Establishes an Inspector General of the Agency with responsibility to determine in what respects the CIA may more effectively perform its lawful functions and to determine the facts and circumstances of any alleged wrongdoing.
Establishes criminal penalties for disposition of a CIA-owned business by any former CIA employee on his own behalf or as an agent for anyone other than the United States without written permission from the CIA; misuse of the name, initials, or seal of the CIA; and unauthorized disclosure of the identity of secret agents.
Provides for the payment of travel and other expenses of and the retirement system for CIA personnel.
Title V: Federal Bureau of Investigation - Federal Bureau of Investigation Intelligence Activities Act - Restricts all activities of the Federal Bureau of Investigation (FBI) to those related to the intelligence functions authorized in this title. Requires the Attorney General to review such activities at least annually to assure that they are conducted in accordance with this Act. Authorizes the FBI to collect counterintelligence and counterterrorism intelligence within the United States and abroad but only with the approval of the Attorney General and the written approval of the CIA. Makes the FBI responsible for approving requests by any other entity of the intelligence community to conduct counterintelligence or counterterrorism intelligence collection activities within the United States, except with respect to such activities conducted by the military services solely against members of such military service.
Title VI: National Security Agency - National Security Agency Act - Enumerates the duties of the Director of the National Security Agency (NSA) which are, generally, to manage intelligence signals and cryptologic personnel, resources, and programs. Requires the General Counsel of the Agency, as principal legal advisor to the Director, to review NSA activities and regulations to assure conformity with the laws of the United States. Requires the NSA to maintain an Inspector General of the Agency to investigate NSA activities and report wrongdoing to the General Counsel.
Lists general, special, and other authorities of the NSA. Limits access to signals intelligence information obtained by the NSA to those persons authorized by the President.
Permits the NSA to keep secret patents and inventions useful to the security of data transmission. Provides for travel and other expenses of, use of commissary and mess services and recreation facilities by, and a retirement system for NSA employees.
Title VII: Miscellaneous Amendments and Effective Date - Amends the National Security Act of 1947 to declare that it is the duty of the National Security Counsel to provide guidance for and an ongoing review of the conduct of all Federal intelligence, counterintelligence, and counterterrorism activities and to coordinate domestic, foreign, and military intelligence policies. Repeals the CIA's exemption from the Federal Advisory Committee Act.