'DEFINITIONS' FOR INCLUSION IN DRAFT SENATE SELECT COMMITTEE BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M00596A000400030037-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 15, 2016
• Document Release Date: March 15, 2004
• Sequence Number: 37
• Publication Date: June 17, 1977
• Content Type: MF

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DCI/IC-77-0829
MEMORANDUM FOR: Director of Central Intelligence
FROM : John N. McMahon
Acting Deputy to the DCI for the
Intelligence Community
SUBJECT : "Definitions" for Inclusion in Draft Senate Select
Committee Bill
1. Action Requested: Your approval of the set of definitions of
intelligence terms as set forth at Tab A as a basis for further dis-
cussion in the Community and with Senate Select Committee staffers,
looking toward inclusion of definitions such as these in the SSCI
"National Intelligence Act of 1977."
2. Background:
a. Senator Huddleston, as Chairman of the Charters and Guidelines
Subcommittee of the Senate Select Committee on Intelligence, wrote
you on 17 May requesting comments on the 20 "definitions" included
in Title I, Section 103 of the "National Intelligence Act of 1977,"
latest draft of which is dated 25 May.
b. Comments were requested from all NFIB principals. The
definitions at Tab A reflect most of the comments received, but
there still is need for a review of the revisions.
c. The definitions are being submitted to you at this time,
since you indicated an interest in seeing draft papers, and since
the definitions at Tab A are not entirely in accord with your
2 June memorandum on "National and Tactical Intelligence Relationship."
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(1) The proposed definition of "foreign intelligence."
at paragraph (2) in Tab A includes the statement that:
"Foreign intelligence can be categorized as
national, departmental or tactical on the basis
o
it, but f the ocannot a be vso that
categorized it or who uses
topic because the same substantive yinsubject or
formation
can be of value at national, departmental and
operational levels of the Government."
(2) The above statement is followed by definitions
national, departmental and tactical intelligence, and of
national, departmental and tactical intelligence activit
d. At Tab B is a co Y?
bill At
Ma copy of the definitions from the draft SSCI
Y. The SSCI list of 20 definitions is reduced to a
total of 14 in Tab A, of which only six retain the SSCI wrding
unchanged, two are amendments, that would replace 12 of the proposedxSSCI definitionubstitutivns
s.
e. Submission to You of the ni at Tab
deferred in the hope that c mmentsewouldibesobtainedA had been NFIB
principals concerning the statement you included in your 2 June
memorandum cited in 'c' above.
hand, however All of these comments are not at
so in the interest of expediting a response to
Senator Huddleston your reaction to the definitions at Tab requested. A is
Attachments:
as stated
APPROVED:
Director of Central Inte ligence
DISAPPROVED:
DATE:
Director o Centra me igence
John N. McMahon
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Distribution: (DCI/IC-77-0829)
Orig. Adsee., w/atts (return to ICS)
1 - DCI, Watts
1 - ER, Watts
1 - OLC, w/atts
1 - Acting D/DCI/IC, w/atts
1 - NFIB/PRC(I), w/atts
3 - ES/ICS, w/atts
1 - IC Registry.
1 - SA-DDCI I b, w/atts
SA-D/DCI/IC/ k tm/1125
(17 June 1977
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PROPOSED CHANGES TO THE DEFINITIONS FOR SECTION 103 OF TITLE I, "NATIONAL
INTELLIGENCE ACT OF 1977," BEING DRAFTED BY THE SENATE SELECT COMMITTEE
ON INTELLIGENCE:
All references are to the draft of 24 May 1977
Sec. 103. As used in this title--
(1) The term "Intelligence Community" means the Central Intelligence
Agency, the Defense Intelligence Agency, the National Security Agency, any
office supervising special reconnaissance activities, and their successors,
and such other entities of the Federal Government to the extent that such
agencies engage in national foreign intelligence activities as determined
by the President, including but nnot limited to--
(A) the intelligence elements of the military sei'v4ees
departments,
(B) the Intelligence Division of the Federal Bureau of
Investigation,
(C) the Bureau of Intelligence and Research of the Department
of State,
(D) the 4n a fl4genee-eempenents Office of Intelligence Support
of the Department of the Treasury,
(E) the intelligence components element of the Energy Research
and Development Administration, and
(F) the intelligence ee-apenents elements of the Drug Enforcement
Administration.
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(2) Insert the following as a substitute for (3), (5) and (7)
(2) The term "foreign intelligence" means the product of the
collection, processing and analysis of foreign information relating to
the national-security, to the foreign relations or to the economic
interests of the United States by a Government agency that is assigned
an intelligence mission. Foreign intelligence can be categorized as
national, departmental or tactical either on the basis of the organiza-
tion that generates it or who uses it, but cannot be so categorized by
subject or topic since the same substantive information can be of value
at national, departmental and operational levels of the Government.
(A) "National intelligence" means foreign intelligence
.collected and/or produced under the aegis of the Director of
Central Intelligence and intended primarily to be responsive to
the needs of the President, the National Security Council and other
Federal officials involved in the formulation and execution of
national security policy, foreign policy or economic policy.
(B) "Departmental intelligence" means foreign intelligence
collected and/or produced under the aegis of the operating head of
the department or agency in order to meet the unique requirements
of the departmental or agency mission. Collection and/or production
of departmental intelligence is accomplished by intelligence organiza-
tions the resources for which are justified primarily on the basis of
their direct contribution to the departmental mission.
(C) "Tactical intelligence" means that departmental intelligence
required by military commanders in the field to maintain the readiness
of operating forces for combat operations and to support the planning
and conduct of military operations under combat conditions. Tactical
intelligence assets are those intelligence entities under the direct
operating control of the military commander in the field, whether
assigned or attached, existence of which are justified primarily on
the basis of their contribution to accomplishment of the operational
mission.
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(3) Insert the following as a substitute for (2), (4), (6) and (8)
(3) The term "foreign intelligence activities" means the collection,
processing, analysis and data base maintenance of foreign information by
an intelligence organization and the estimation, production, communication
or dissemination of intelligence concerning the characteristics, capabilities
or intentions of any foreign country, government, political group or party,
military force, international organization, movement or other association
of persons, or concerning foreign individuals, that relates to the defense
and national security of the United States, its foreign relations, its
economy, or related national policies, and all activities which are in
support of such collection, processing, data base maintenance, analysis,
estimation, production, communication or dissemination of such intelligence.
(A) "National intelligence activity" means any foreign intelli-
gence activity under the operating control of the Director of Central
Intelligence or which responds to requirements and priorities
established by the Director of Central Intelligence. National
intelligence activity means any foreign intelligence activity by
an entity of the Intelligence Community, as designated by the
President, the primary purpose of which is to collect and process
foreign information for national intelligence purposes or to con-
tribute to the production of national intelligence.
(B) "Departmental intelligence activity" means any foreign
intelligence activity for which the department secretary or agency
head has management responsibility and which responds to require-
ments and priorities the secretary establishes for departmental
intelligence, except that the President may designate an intelli-
gence organization within a department or agency as a national
intelligence entity engaged in national intelligence activity, in
which case such entity shall be subject to direction and tasking
from the Director of. Central Intelligence and shall respond to
the intelligence requirements and priorities established by the
Director of Central Intelligence.
(C) "Tactical intelligence activity" means any foreign
intelligence activity by an intelligence organization integral
to the military force structure and directly responsive to the
operational commander to whose organization it is assigned or
attached, except that the President may designate a tactical intelli-
gence organization as a national intelligence entity engaged in national
intelligence activity, in which case such entity shall be subject to
direction and tasking from the Director of Central Intelligence and
shall respond to the intelligence requirements and priorities
established by the Director of Central Intelligence.
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(4) Insert the following as a substitute for (9)
(4) The term "intelligence related activity" means any activity
conducted by-an entity of the Government that is not designated as an
intelligence organization and is not funded within the budget of an
intelligence program but which:
(A) responds to tasking from operational commanders for
time-sensitive foreign intelligence;
(B) has a capability to respond to national intelligence
requirements and priorities;
(C) trains personnel for intelligence duties;
(D) provides an intelligence reserve for mobilization if
required; or
(E) is devoted to research and development on intelligence
systems and methodologies.
Specifically excluded from this term is any activity so closely and clearly
integrated with a weapon system that Its primary function.is to provide
targeting data for immediate use by the weapon system.
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(5) Insert the following as a substitute for (10)
(5) The term "foreign counterintelligence" means that activity
devoted to protecting the interests of the United States and its
nationals against espionage, technological intelligence collection
activities, subversion, sabotage, deception, international terrorist
activity, assassination, covert actions and other forms of hostile
action that foreign governments, foreign organizations or foreign
personnel may undertake against the United States, its facilities or
its nationals, or conduct within the United States. Counterintelli-
gence includes the collection, processing, analysis and data base
maintenance of foreign counterintelligence information, and the
production, communication or dissemination of counterintelligence
reports and studies. Foreign counterintelligence also encompasses
those activities undertaken by the United States to protect sensitive
intelligence sources and methods and information assigned a security
classification from detection or disclosure, but the term does not
include established personnel, physical or document security programs.
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(6) Amend (11) as follows:
(6) The term "special activity" means any 4ntefligenee-aet4v4ty
ether-than-the-eelleet4en;-eerrelat}en;-preduet4en-and-disseminat4en
e?-to?errnat}en-er-&nalys+s-and-related-suppert-aet;v4ty-er-a-eeunter-
4ntel44genee-aetiv4ty operational activity which does not come within
the definition of foreign intelligence activity or foreign counter-
intelligence activity but which is:
(A) designed to further United States programs and policies
abroad,
(B) planned and executed so that the role of the United States
Government is not apparent or publicly acknowledged, and
(C) authorized by the President and implemented by an entity
of the Intelligence Community, or by any officer, employee, agent
or proprietary of such entity, pursuant to the provisions of this
title.
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(7) Delete (12) which defines "sensitive clandestine collection
project" and (13) which defines "exceptionally sensitive clandestine
collection project" and substitute the following:
(7) The term "sensitive intelligence project" means:
(A) a clandestine intelligence collection activity involving
human resources, conducted by or on behalf of an entity of the
Intelligence Community or any officer, employee, agent or proprietary
organization of such entity, which if discovered or revealed, would
be likely to be seriously detrimental to the interests of the United
States; or
(B) a project to collect foreign intelligence information which
because of the nature of the activity involved or the area of operation,
coupled with its identifiability as being of United States origin, poses
an assessable risk of foreign political or military reaction which
would be seriously detrimental to the interests of the United States.
A "sensitive intelligence project" shall be so designated by the
Director of Central Intelligence if it meets the standards of sensitivity
for such projects set forth in regulations promulgated by the Director
under the authority of subsection 106(d)(13) of this title.
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(8) Renumber (14) which defines "national of the United States."
(9) Renumber (15) which defines "Attorney General."
(10) Renumber (16) which defines "continuing resolution."
(11) Renumber (17) which defines "committees of the Congress."
(12) Renumber (18) which defines "departments and agencies."
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(13) Delete (19) and substitute the following, which is from the
"Foreign Surveillance Act of 1977," (S. 1566 and H.R. 7308), except as,
underlined:
(13) The term "international terrorism" means activities which--
(A) are violent acts or acts dangerous to human life which
would be criminal under the laws of the United States or of any
state if committed within its jurisdiction; and
(B) appear to be intended--
M to intimidate or coerce the civilian population,
(ii) to influence the policy of a government by
intimidation or coercion, or
(iii) to affect the conduct of a government by assassination
or kidnapping.
A different version which might be considered is as follows:
(13) The term "international terrorist activity" means the calculated
use of violence, or the threat of violence, to attain political goals through
instilling fear, through intimidation, or through coercion, and which--
(A) Violates a Federal or State criminal statute, or if such
activity is conducted outside the United States, would be criminal
under the laws of the United States or any state if committed within
its jurisdiction;
(B) is intended to reach an audience beyond the immediate
victims;
(C) transcends national boundaries in terms of purposes,
sponsorship and support, targeting, implementation, nationalities
of the victims, or resolution of the incident.
Not included in this term are the organized combat activities of
revolutionary or liberation movements, or acts of purely domestic
terrorism.
(14) Renumber (20) which defines "sabotage."
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