UNCLASSIFIED STATEMENT ON CIA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000100060035-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 16, 2016
• Document Release Date: November 30, 2004
• Sequence Number: 35
• Publication Date: October 12, 1973
• Content Type: MF

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12 OCT 1973
MEMORANDUM FOR: Director of Central Intelligence
SUBJECT: Unclassified Statement on CIA
1. Attached at Tab A is a suggested unclassified statement
which Senator McClellan might be provided as per your comments
at the morning meeting today.
2. Also attached at Tab B is a longer unclassified report
on "Authorities and Responsibilities of the Director of Central
Intelligence" prepared for possible background use in the Congress.
This has been prepared entirely from unclassified sources, including
the White House press release on the President's November 1971
memorandum on organization and management of the U.S. foreign
intelligence community; a CIA publication, "The Central Intelligence
Agency;," dated April 1973; the record of your nomination hearing
before the Senate Committee on Armed Services; and Mr. Helms'
speech of 14 April 1971, "Global Intelligence and the Democratic
Society."
3. Copies of both Tabs A and B have been provided to the
Legislative Council for comment.
STATINTL
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TAB
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 2 3 OCT 1973
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Responding to my own concern--as well as to that expressed
by others--as to the charter of the Central Intelligence Agency
and the degree of control exercised over its activities, I have
reviewed the National Security Council Intelligence Directives--
the so-called NSCIDs-- and conferred at length with the Director
of Central Intelligence.
I am convinced the National Security Council clearly runs the
CIA.
The statutory responsibilities of the CIA, as set forth In
Section 102 (d) of the National Security Act of 1947, and the
enabling authority for implementation of these statutory responsibilities
as contained in the Central Intelligence Agency Act of 1949 provide
clear basis for the NSCIDs.
In general, these National Security Council directives amplify
the statutory responsibilities of the DCI and the organizations
which constitute the U.S. intelligence community by describing the
allocation of functions and delineating the responsibilities of the
various departments and agencies in the collection, processing and
production of foreign intelligence.
The CIA is directly accountable to Presidential authority and
control and the machinery exists for exercising this control. This
is done primarily by elements of the National Security Council structure,
but. the President himself participates directly as needed.
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The Office of Management and Budget reviews the CIA budget
on a line-by-line basis.
The President's Foreign Intelligence Advisory Board reviews
for the President the foreign intelligence activities of the
Government, including those of the CIA.
Separate committees of the Senate and House of Representatives--
Armed Services and Appropriations--review CIA's programs and provide
for its appropriations.
We all recognize that serious problems are involved in the
operation of a secret intelligence organization in a democracy
and that there is need for continuing attention to insure that
statutory and other built-in controls hold to a minimum the inherent
contradiction between democratic principles and intelligence methods.
Those controls exist.
I am convinced that the Director of Central Intelligence clearly
understands and fully accepts that the CIA and the intelligence
community as a whole exist to serve the legitimate needs of the
government and undertake what the government asks them to do only
under the directives and controls which the government has established.
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TAB
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AUTHORITIES AND RESPONSIBILITIES OF
THE DIRECTOR OF CENTRAL INTELLIGENCE
1. The authorities and responsibilities of the Director of
Central Intelligence derive from four sources:
a. The National Security Act of 1947, as amended
(50 U.S.C. 402, 403)
b. The Central Intelligence Agency Act of 1949
c. Directives from the President
d. National Security Council Intelligence Directives
2., Statutory responsibilities of'the CIA and its place in the
Government structure are set forth in Section 102 (d) of the National
Security Act, which states:
"For the purpose of coordinating the intelligence
activities of the several Government departments and
agencies in the interest of national security, it shall
be the duty of the [Central Intelligence] Agency, under
the direction of the National Security Council -
"(1) to advise the National Security Council in
matters concerning such intelligence activities of the
Government departments and agencies as relate to
national security;
"(2) to make recommendations to the National Security
Council for the coordination of such intelligence
activities of the departments and agencies of the
Government as relate to the national security;
"(3) to correlate and evaluate intelligence relating
to the national security,. and provide for the appropriate
dissemination of such intelligence within the Government
using where appropriate existing agencies and facilities:
Provided, That the Agency shall have no police, subpoena, law-
enforcement powers, or internal-security functions: Provided
further, That the departments and other agencies of the
Government shall continue to collect, evaluate, correlate
and disseminate departmental intelligence: And provided
further, That the Director of Central Intelligence sha be
responsible for protecting intelligence sources and methods
from unauthorized disclosure;
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"(4) to perform,For the benefit of the existing
intelligence agencies, such additional services of
common concern as the National Security Council
determines can be more efficiently accomplished
centrally;
"(5), to perform such other functions and duties
related to intelligence affecting the national security
as the National Security Council may from time to time
direct."
3. The Central Intelligence Agency Act of 1949 provides the Central
Intelligence Agency with enabling authority for the implementation of the
statutory responsibilities listed in the National Security Act by:
W exempting the Agency, in the interest of "the security
of the foreign intelligence activities of the United States,"
from such existing Federal laws as require "the publication
or disclosure of the organization, functions, names,
official titles, salaries, or numbers of personnel
employed by the Agency";
1(2) specifying that the appropriations or other moneys
made available to the Agency appropriations
be expended without
regard to the provisions of law and regulations relating
tc the expenditure of Government funds ; and that "for
objects of a confidential, extraordinary, or emergency
nature, such expenditures to be accounted for solely
on the certificate of the Director and every such
certificate shall be deemed a sufficient voucher for
the amount therein certified";
1(3) permitting CIA to transfer to and receive from
other Government agencies such sums as may be approved
by the Office of Management and Budget (formerly the
Bureau of the Budget) for the performance of the functions
and activities authorized by the National Security Act, and
other agencies are permitted to receive from or transfer to
the Agency such sums;
I(4)providing that when the Director.-the Attorney General
and the Commissioner of Immigration and Naturalization
determine that the entry of a particular alien into the
United States for permanent residence "is in the interest of
national security or essential to the furtherance of the
national intelligence mission," the alien and his immediate
family shall be given entry into the United States for
permanent residence, but not more than one hundred
persons may be given entry under this authority annually.
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4. A number of presidential and National Security Council
directives have been issued to amplify the statutory authorities and
responsibilities of the DCI.
5. The most important Presidential directive pertaining to the
organization and management of the U.S. foreign intelligence community
is his memorandum of 5 November 1971, which reflected an exhaustive study
undertaken at the President's direction by the Office of Management and
Budget with participation by the National Security Council staff, the
President's Foreign Intelligence Advisory Board, the President's Science
Advisor, and organizations of the intelligence community.
6. The President's objectives in issuing this memorandum were to ensure:
--Continuing review of the responsiveness of the U.S.
foreign intelligence effort to national needs.
--Strengthened leadership for the intelligence community
as a whole.
--More efficient use of resources in the collection of
intelligence information.
--Elimination of less efficient or outmoded activities.
--Improvement in the quality, scope and timeliness of
intelligence information.
7. To this end he assigned an enhanced leadership role for the
Director of Central Intelligence in planning, reviewing,coordinating
and evaluating all intelligence programs and activities, and in the
production of national intelligence.
8. The President's directive established an Intelligence Resources
Advisory Committee to advise the DCI on the preparation each year of a
consolidated intelligence program budget. Members of the IRAC include
the DCI as chairman, and senior representatives of the Department of
State, Department of Defense, and Office of Management and Budget.
9. The Pres.ident'also reconstituted the United States Intelligence
Board to include a representative of the Secretary of the Treasury.
The USIB is charged with advising and assisting the DCI with respect to
the production of national intelligence, the establishment of national
intelligence requirements and priorities, the supervision of the
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dissemination and security of intelligence materials, and the pro-
tection of intelligence sources and methods. Its present members
are the Director of Central Intelligence (Chairman); Deputy Director,
Central Intelligence Agency (Vice Chairman); Director, Bureau of
Intelligence and Research, Department of State; Director, Defense
Intelligence Agency; Director, National Security Agency; Director,
Division of International Security Affairs, Atomic Energy Commission;
Assistant Director, Federal Bureau of Investigation, and the Special
Assistant to the Secretary of the Treasury.
10. The responsibility of the DCI for the budget of the entire
intelligence community extends to recommending to the President through
the Office of Management and Budget the general level and composition
of the budget and the appropriate distribution of resources among the
different programs. The DCI does not "control" the budgets of intelli-
gence elements in other departments of the Government, but, through a
variety of mechanisms and authorities, he can exercise leadership of
the intelligence community in the manner directed by the President.
11. Presidential directives to the DCI dan be in several forms,
both written and oral. Since the DCI serves as the principal advisor
to the President and the National Security Council on all matters of
foreign intelligence related to the national security, he is present
either by invitation or as a member of a variety of high-level groups
and committees at which Presidential instructions can be made known.
Government needs for intelligence estimates on particular subjects are
frequently surfaced at such meetings.
12. The National Security Act of 1947 specifically provides
that the National Security Council shall issue directives pursuant to
the Act. The National Security Council Intelligence Directives are
classified and since they are National Security Council documents, the
DCI has no authority to declassify or release them.
13. In general, these directives describe the allocation of
functions and delineate the responsibilities of the various departments
and agencies, which constitute the intelligence community, in the col-
lection, processing and production of foreign intelligence.
14. The following comments cover in general the functions and
responsibilities of the Agency and relate to a number of questions
concerning CIA activities which have been raised recently in the
Congress and elsewhere:
a. The National Security Act of 1947 prohibits CIA
from exercising any "police, subpoena, law-enforcement
powers or internal security functions," but CIA must
necessarily be involved in certain domestic activities
in pursuance of its foreign intelligence mission. These
include:
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(1) Headquarters and administrative activities
involving procurement of supplies essential to foreign intelligence
operations, personnel recruitment, security clearances, training,
and the like.
(2) Interviewing American citizens on a knowing voluntary
basis for their knowledge of foreign intelligence which they
will share with their Government.
(3) Collection of foreign intelligence from foreigners
temporarily resident in the U.S.
(4) Developing the facilities, mechanisms and
relationships required within the United States to support
foreign intelligence operations abroad.
(5) Conducting analysis and research of foreign
intelligence matters by CIA staff and contractors,
consultants and institutions.
b. The CIA passes the results of foreign intelligence
operations to other appropriate U.S. agencies which have a
legitimate interest therein. This support involves such
activities as:
(1) Advising the FBI of the Imminent arrival in the
U.S. of foreign personnel In whose activities the FBI
has an interest.
(2) Passing to the Drug Enforcement Administration
the results of intelligence operations abroad which reveal
information on illicit drug traffic.
(3) Reporting to appropriate authorities evasion of
U.S. export controls as learned by foreign intelligence
operations.
c. The Central Intelligence Agency is directly
accountable to Presidential authority and control. By law,
CIA operates under the direction of the National Security
Council, which the President chairs. The Office of Management
and Budget reviews the CIA budget on a line-by-Tine basis. In
addition, the President's Foreign Intelligence Advisory
Board reviews for the President the foreign intelligence
activities of the Government, including those of the CIA.
Separate Committees of the Senate and House of Representatives
(Armed Services and Appropriations) review CIA's programs and budget and
provide for its appropriations. From time to time, other
committees of the Congress receive information from the
Agency on matters within their jurisdiction.
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d. In matters directly affecting the security of the
United States, the President and the National Security Council
want what is termed "national intelligence" -- evaluations
which reflect the considered and agreed judgment of all the
major foreign intelligence components of the United States
Government. Seeing that this national intelligence is pro-
duced and disseminated is the responsibility and the primary
function of the Director of Central Intelligence. National
intelligence is focused on the needs of the top policy making
levels of the government and such additional foreign intelli-
gence as any department or agency requires to execute its
particular mission is produced as departmental intelligence.
e. The CIA makes its unique contribution because of its
separation from policy formulation matters. All of the depart-
ments of government which have components in the U.S. foreign
intelligence community have responsibilities for the formula-
tion of policy; CIA has none. The CIA is the only organization
whose primary mission is to collect, evaluate and produce foreign
intelligence.
f. In addition to the other responsibilities which it
assigns to CIA, the National Security Act of 1947 provides that
CIA shall perform "such other functions and duties related to
intelligence affecting the national security as the National
Security Council may from time to time direct." This language
was designed to enable the CIA to conduct such foreign activities
as the national government may wish to assign to what can best
be described as a "secret service". These activities are
undertaken only at the direction of the National Security
Council.
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