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(4) The intelligence activities of other agencies and subdivisions of the Department of Defense.

(5) The intelligence activities of the Department of State.

(6) The intelligence activities of the Federal Bureau

of Investigation, including all activities of the Intelligence Division.

SEC. 12. (a) The Committee on Intelligence Activities

9 shall make a study with respect to the following matters, 10 taking into consideration with respect to each such matter, 11 all relevant aspects of the effectiveness of planning, gathering, 12 use, security, and dissemination of intelligence—

[blocks in formation]

(1) the quality of the analytical capabilities of United States foreign intelligence agencies and means for integrating more closely analytical intelligence and policy formulation;

(2) the extent and nature of the authority of the departments and agencies of the executive branch to engage in intelligence activities and the desirability of developing charters for each intelligence agency or department;

(3) the organization of intelligence activities in the executive branch to maximize the effectiveness of

the conduct, oversight, and accountability of intelligence

activities; to reduce duplication or overlap; and to im

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prove the morale of the personnel of the foreign intelligence agencies;

(4) the conduct of covert and clandestine activities

and the procedures by which Congress is informed of such activities;

(5) the desirability of changing any law, Senate rule or procedure, or any Executive order, rule, or regulation to improve the protection of intelligence secrets

, and provide for disclosure of information for which there

is no compelling reason for secrecy;

(6) the desirability of establishing a joint committee of the Senate and the House of Representatives on

intelligence activities in lieu of having separate com

mittees in each House of Congress, or of establishing

15 procedures under which separate committees on intelli

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gence activities of the two Houses of Congress would

receive joint briefings from the intelligence agencies and

18 coordinate their policies with respect to the safeguarding

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of sensitive intelligence information;

(7) the authorization of funds for the intelligence

activities of the government and whether disclosure of

any of the amounts of such funds is in the public interest;

and

(8) the development of a uniform set of definitions

for terms to be used in policies or guidelines which may

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be adopted by the executive or legislative branches

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to govern, clarify, and strengthen the operation of intelligence activities.

(b) The Committee on Intelligence Activities of the 5 Senate shall report the results of the study provided for 6 under subsection (a) to the Senate, together with any 7 recommendations for legislative or other actions it deems 8 appropriate, no later than July 1, 1977, and from time to 9 time thereafter as it deems appropriate.

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SEC. 13. (a) As used in this resolution, the term “intel11 ligence activities" includes (1) the collection, analysis, pro12 duction, dissemination, or use of information which relates 13 to any foreign country, or any government, political group, 14 party, military force, movement, or other association in such 15 foreign country, and which relates to the defense, foreign 16 policy, national security, or related policies of the United 17 States, and other activity which is in support of such activ18 ities; (2) activities taken to counter similar activities directed 19 against the United States; (3) covert or clandestine activ20 ities affecting the relations of the United States with any 21 foreign government, political group, party, military force, 22 movement or other association; (4) the collection, analysis, 23 production, dissemination, or use of information about activ24 ities of persons within the United States, its territories and 25 possessions, or nationals of the United States abroad whose

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1 political and related activities pose, or may be considered by 2 any department, agency, bureau, office, division, instrumen3 tality, or employee of the United States to pose, a threat to 4 the internal security of the United States, and covert or 5 clandestine activities directed against such persons. Such 6 term does not include tactical foreign military intelligence 7 serving no national policymaking function.

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(b). As used in this resolution, the term "department or 9 agency" includes any organization, committee, council, estab10 lishment, or office within the Federal Government.

11 (c) For purposes of this resolution, reference to any 12 department, agency, burean, or subdivision shall include a 13 reference to any successor department, agency, bureau, or 14 subdivision to the extent that such successor engages in 15 intelligence activities now conducted by the department, agency, bureau, or subdivision referred to in this resolution. SEC. 14. Nothing in this resolution shall be construed as constituting acquiescence by the Senate in any practice, or in the conduct of any activity, not otherwise authorized by

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law.

PURPOSE OF AMENDMENTS TO S. RES. 400 CONTAINED IN COMMITTEE PRINT NUMBER 1

The total effect of the various amendments contained in Committee print number one is to retain the present jurisdiction of the Committee on the Judiciary over all functions of the Federal Bureau of Investigation and to strike from S. Res. 400 all grants of jurisdiction to the contemplated Commit tee on Intelligence Activities over the FBI.

The intelligence activities of the Department of Justice are exempted from the grant of jurisdiction of the contemplated Committee on Intelligence Activities to be contained in proposed subparagraph (s) of rule XXV of the Standing Rules of the Senate by striking out "the Department of Justice" on page 4. line 8 of the bill.

Since the proposed subparagraph(s) of rule XXV states, in lines 4 and 5 on page 4 that the provisions are applicable not only to the enumerated departments and agencies, "but not limited to" those listed, the language of page 4, lines 9 and 10 is amended by striking the period, inserting in lieu thereof a semicolon and the words: “but not including the Department of Justice.”.

The inclusion of jurisdiction in the proposed Committee on Intelligence Activities over authorizing legislation concerning the intelligence activities of the FBI is removed by striking line 24 on page 4 through line 2 on page 5. The reference to "bureau" in line 7 of page 5 is removed since the Federal Bureau of Investigation would not be included within the jurisdiction of the proposed Committee.

The language of S. Res. 400 which takes away the jurisdiction of the Committee on the Judiciary over the intelligence activities of the Department of Justice by amending subparagraph (1) of paragraph 1 of rule XXV of the Standing Rules of the Senate is deleted by striking out lines 5 through 8 of page 6 of the bill.

The intelligence activities of the FBI are exempted from the mandatory authorizing language of Section 11 of S. Res. 400 by striking out lines 3 through 5 on page 16 of the bill.

Other technical amendments redesignate sections of the bill to conform to the changes made by the amendments.

The CHAIRMAN. Senator Stennis, we are very happy to have you here to testify on this matter.

STATEMENT OF HON. JOHN C. STENNIS, CHAIRMAN OF THE COMMITTEE ON ARMED SERVICES

Senator STENNIS. Thank you, Mr. Chairman, and members of the committee. Anything I can discuss I feel I owe it to the committee, and your questions are very timely. If I may just on my part say this, I will attempt to answer any of those questions later after getting a copy and file them for the record.

[Responses to the questions, subsequently received for the hearing record, may be found on p. 61 of these hearings.]

The CHAIRMAN. Very good.

Senator STENNIS. Mr. Chairman, I have a prepared statement here. I do not propose to read all of it by any means. I would ask that it be placed in the record and that I be permitted to summarize and emphasize such points therein or otherwise that I might see fit. The CHAIRMAN. Yes; the statement will be made a part of the record in full and you may summarize from it as you wish. [The written statement of Senator Stennis follows:]

STATEMENT OF HON. JOHN C. STENNIS, CHAIRMAN OF THE COMMITTEE ON ARMED

SERVICES

INTRODUCTION

Mr. Chairman, I am happy to appear before the Rules Committee to testify on S. Res. 400, a resolution which would have far reaching effects on U.S. intel

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