THE(Sanitized) PAPER

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP80M01066A000800260004-4
Release Decision: 
RIPPUB
Original Classification: 
S
Document Page Count: 
21
Document Creation Date: 
December 16, 2016
Document Release Date: 
October 9, 2004
Sequence Number: 
4
Case Number: 
Publication Date: 
December 2, 1975
Content Type: 
MF
File: 
AttachmentSize
PDF icon CIA-RDP80M01066A000800260004-4.pdf951.82 KB
Body: 
Approved For Release 2004/10/28: CIA-RDP80M01066AOQ;800 LOIMft- 7,1 "fit `. w;L,c r tc 2 December 1975 MEMORANDUM FOR: The Director INFO: SUBJECT: Morning Meeting Participants The attached was prepared by and distributed at yesterday afternoon's ICG meeting. The paper represents his analysis of the issues involved in the intelligence community investigations. went over the five lettered items tentatively assigning responsibility for three of them. The only one currently being worked on is "C" -- Resource Management. Quite frankly, the analysis and the use to which it is to be put is not clear. The document will be discussed again on Wednesday at a 8:IS a.m. meeting. I am forwarding it for your information. Specia_rTr_n_rs L LU -ector Distribution: DCI DDC I DDO DDA DDI DDSET D/DCI/IC OGC IG OLC OCI NIO Review SC/DCI ER 25X1 25X1 Approved For Release 2004/10/28 : CIA-RDP80MO1066A000800260004-4 TIX Approved For Release 2004/10/28: CIA-RDP80M01066A096800280604-4 Analysis of Issues A. Goals and Objectives 1. Provide for national defense needs a. Predict "Pearl Harbors". b. Identify and assess threats. c. Provide timely military intelligence to military command. d. Prevent loss of effectiveness through loss of secrecy. 2. Affect U. S. Position in World a. Assist in achieving foreign policy objectives. b..Assist friendly governments and allies. c. Injure unfriendly governments and adversaries. d. Meet economic, commercial and resource intelligence needs. e. Provide understanding of issues, trends , developments and personalities world-wide. 3. Maintain effective intelligence community a. Command public confidence, foreign respect. b. Provide useful product with increasing cost-effectiveness. c. Maintain strong intelligence resources. d. Develop new technologies, skills and capabilities. Approved For Release 2004110/28 : CIA-RDP80MO1066A000800260004-4 Approved For ReIelfse 2004/10/28 : CIA-RDP80M01066Adb0'800260004-4 B. Functions of Intel.li.gence Community (i\,-lissions) 1. Covert Action and Paramilitary Action 2. Intelligence collection a. Human (Clandestine, FSO, Overt Sources, etc) b. Technical (Signals, Electronic, Photo, Sensors, etc) 3. Analysis and Production of Intelligence for users. a. Civilian Command (Incl. President) b. Military Command c. Economic and specialized 4. Counterintelligence a. Domestic activities b. Foreign activities C. Resource Management (by participants) 1. Overall Monitoring, Evaluation and Control -- Direction a. Mission accomplishment (primarily internal) b. Effectiveness (producer/consumer) c. Compliance with laws, standards and expectations (primarily external) Approved For Release 2004/10/28 : CIA-RDP80M01066A000800260004-4 Approved For RefbeCse 2004/10/28: CIA-RDP80M01066A0'800260004-4 2. Program management a. Program data acquisition b. Program evaluation c. Program control 3. Budget management a. Evaluation process b. Decision making process c. Budget disclosure, presentation d. Allocation of appropriations 4. "Product" management (dissemination, publication, briefings, etc. ) 5. Resulting structures and organizations a. Role of CIA b. Role of DOD and components c. Others, including leadership through DCI, etc. D. Secrecy ID 1S 1. Classification system a. Basis - Statute, Executive Order b. Resolving Executive Privilege disputes c. Standards for Classification d. Compartmentation Approved For Release 2004,/10/28 : CIA-RDP80M01066A000800260004-4 Approved For Re1Ldse 2004/10/28 : CIA-RDP80M01066A800260004-4 2. Protection of classified information a. Scope of protection b. Criminal penalties 3. Protection of intelligence "sources and methods" a. Authority/Responsibility b. Sanctions 4. Relation to other standards a. 4th Amendment b. Privacy Act c. Freedom of Information d. Hughes Amendment E. Oversight (by non-participants) 1. Intelligence Community internal controls a. Legal advisors and observers b. Inspectors General 2. Executive Branch a. Presidential agents (i. e. Asst. to President for National Security Affairs) b. Committees (NSC, PFIAB) Approved For Release 2004/10/28 : CIA-RDP80M01066A000800260004-4 Approved For Ret se 2004/10/28 : CIA-RDP80M01066AOV800260004-4 3. Congress a. Committees b. GAO 4. Public, Press RJW/December 1, 1975 Approved For Release 2004,/10/28 : CIA-RDP80M01066A000800260004-4 Approved For Re1e,~se 2004/10/28: CIA-RDP80M01066AQUP8002 1 December 1975 MEMORANDUM FOR: CI DDS&T DDI DDO DDA D/DCI/IC D/DCI/NIO IG General Counsel Legislative Counsel Co.n troller Mr. Breckinridge Herewith are Comments on the delivered to him 29 November. 25X1 25X1 Y i -- c.~ 41U 3 c~ Approved For Release 2004/10/28 : CIA-RDP80M01066A000800260004-4 Approved F-Wfe JW80L26if--ELW66AQU$800260004-4 WASH I NGTON, D.C. 2050S 28 November 1975 SUBJECT . CIA Suggestions on "Review of Background information" 1. As we discussed, I have redone pages 23-26 and added an introduction. This might also eliminate the need for Tab C. For this reason we have not tried to .make specific suggestions with regard to Tab C. 2. Our specific points elsewhere on the paper are as follows: 25X1 --Page 9, last para. Insert "dollar" before resources in line.4. Delete sentence beginning "CIA covert action". --Page 14, third tic. Add "and covert action" after "CIA collection". .--Page 16, first sentence. Add "--based on the Schlesinger and PFIAB recommendations" at end. --Page 17,.-third line. Begin sentence with "The directive also--". --Page 20, last para. Change second sentence to read "--(through the PFIAB and the CIA Inspector General)--". Change "reorganization" to "changes'_'.. in next sentence.' --Page 21, last para.. in second sentence, after "question". insert ", including those". . Break last sentence after "efficiency". New last sentence would read "It noted the need for external and internal controls which would develop public confi-. dence, but did not address these questions." Approved For Release 20041i` A{RDP80-M01066A000800260004-4 Approved For Release 2004/10/28 CIA-RDP80MO1066A000800260004-4 --Page 22. Revise first pare as follows: The report recommends mantaininc a national/ departmental balance in intelligence. The ICI (rena :iced the Director General of Intelligence) would be a mem rer r~ n of the DISC to increase his standing, )gut would be separate . from the CIA (renamed 'Pore; Foreign Tn?-.ell; , n rice c er Cy) ne -new DGI would prepare a total nat.iona. int.e:l _l? genceu r dget to him. A strengthened staff, perhaps, i.nc:L udirn.g the analy:.;:i The t him i . s .and-production elements of CIA, would ass DGI would establish now arrangerneenUs w5-i th DOD to mar.: ge tactical intelligence, wartime t:r-ansi~..ian, NSA., and the :national reconnaissance program. The FICA. would havE a. separate Director reporting either to the 1?GI or the NSC. ld i h wou c The DGI would chair the NSCIC, USIB, -_.nu 11473C wh have essentially the same roles .hey do t:.oday ,.that must be weighed against the benefits sought'." have costs in disruption of existing machinery --Page 27. Add new second s ntE,inr.e r ISom? also ' point out that any major r_ e srganizati.on w_ J.:#_ _- Page . 28. .- We have a genera .l concern abou 1, this list that the act of listing certain. questions may make them into larger issues than they now are Examples are B-3 (Why should we single out inteelli- gence employees for criminal lir:`~ ~lit;y more than any other government employee:), B-E, and e ecial. E-l0. "Accountability to the Attorney- (ener. -1 J. ..:,for possible abuses of authority and cri ninal and policy on public disclosure" - 7-acts , "Policy on secrecy agrcemen.ts with intelli- gence personnel" -Page 28,,Under B, add: :"Statutory clarifi.6-atio1i of the eel ie.1L5 .-Page 29, C-4, add ", resp~ansibilities, authorities" after "Powers". 01066A000800260004-4 Approved For Release 2004/10/28 : CIA-RDP80MO1066A000800260004-4 --Page 29, C-6. Add, "re~po-ssibii:Lties and relationships" after "powerr.;". --Page 29, Section C. Add E 3 f rorrt page 3 0 . ---Page 29, D-2. Reword to road "Responsibility for clandestine co_l.lecti.on. and. c-,vent action". --Page 29, D-3. Add "incl-ad:nc "Methods" . ---Page 29, D-9. Reword to road "Select ion Director and Deputy Director (s) of CIA". --Page 29, Section D. Add "yilole of NRO". -_-Page 30, E-2. Reword to x k :ard '"Relat Lori } . ,. of DCI to management of CIA". --Page 30, E-3. Move ..~o Sec _J.ori (1. --Page 30, E-9.- Delete. --Tab A, Page 1. Reword Sec :ion the CIA Act of -1949, as amended, (Section 8). The House Subcoirnittee has seven members and it's Senate counterpart ..-permanent budgetary authority under the provisions c"f ?nation on the CIA budget despite the fact that CIA ).as with respect to the activities of CIA and are given infor-" have delegated their authority to the intelligence sub- committees. These subcommittees arec pt totally ac vised Service with respect to its investigation of the "mtil intercept" programs. Both of the Armed Services Coranittees These committees have "legislative jurisdictior" over matter-s pertaining to the CIA or to the intell3 genre . activities of the Department of Defer 3e . In the excise of this jurisdiction, they have primary congressional responsibility for the CIA. However, a number of other congressional committees have some foam of "legislative oversight" over CIA and other elements of the intel)i.crence community. They include the Committe?s on Goveir_nmeit Operations, International Relations, ?ind have recently Aeven included the Committee on Post Office and Civi: has five. Approved For Release 2004/10/28.: dA-RDP80M01066A000800260004-4 Approved For Release 2004/10/28 : CIA-RDP80MO1066A000800260004-4 ----Tab A, I j n next. to Just ,,enc.c:nce, rh.~~: cjc "four" to "five". --Tab A, I B. Reword I.c st ser'tencc as follo?; ; : "Its House counterpart, on which jou served, is formally the"Defense subcommittee (12 7ner;bers), although---" rl'ab l~` I C. ,(}lC)l1`:f:: Affairs Committee and reword as f(.ellows : These committees have always received inteiligen-~e briefings by CIA based on the. National Innnte11igence' F_;timatc~s> . They had no oversight, function over the intelligence :;c):r ;IUni t_) until. 1974 when, in response to a request from the leadership of the Foreign Affairs Committee, endorsed by the lea.l.er-ship of the House Armed Services Conmittee, Secretary Kissinger and Director Colby made an ci.ccolnmedation to brief the then Foreign Affairs Cc rm3_ ttee on C3:s cov rt r c tivitiE ?, Which might in any way affect foreign policy. On 8 October 1974, as part o..- the adoption of t1 a Bolling/Hansen report on committee jurisdiction, special oversight was vested in the House Inte:-national Relations Committee with respect to "intelligence activities relating to foreign policy." Subsequent amendments to the Foreign :Assistance Act of 1974 (Section 32, PL 93-559, Deceml-er 30, 1974, by Representative Leo Ryan and Senator Harold Iughe.s, resulted in the adoption of a, new Sect ion. 662 of the Foreign Assistance Act of 1974, as amended) prohibit the expenditure of funds by or on behalf of CIA for operations in foreign countries "...other than activities-intended solely -.or obtaining necessary intelligence..." unless the Pres:.dent makes a finding that each such operation is importan- to national security and reports are made to t_ e "appro; jr-.ate .committees of the Congress," specifically including '.he Foreign Relations and Foreign Affairs Committees. --Tab A. Add new I D as follows: Senate and House Committees on Government Operations, These committees have traditionally exercised legislative oversight over government offices generally with a view to determining the of fici: nc=y of the ope ations . A recent example of the exercise of the oversight is found in the Committee's jurisdiction of all governor nt departments and agencies with respect to the provisi'mns. of the Freedom of Information and. Pritacy Acts.- Approved For Release 2004/10/28fi OM01066A000800260004-4 Approved For Release 2004/10/28 : CIA-RDP80MO1066A000800260004-4 ---Tab A. Change I: D to 1 E, :t F. to --Tab A. II A 1. NSCIC was estab], i.shed by the President's letter of 5 Noverft er 1971. . ----Tab A, II A 2. Delete "All major sensit i_v i" Change "reconnaissance" to `technn _ca1_ coJ_:l.ectiorn'` --Tab A, III A. Add footnote: "The CIA Act of 1949 provides the DCI with a number of import -ant operating authorities". --Tab A, III ), 1. Add mo ~tec(~n d para. "The chiefs of the military service in telligence. ages ci es are participating observers". Change last sentc.iioe of third para as follows: "It ha a number of specialized subcommittees", --Tab A, III A 2. IPJC was established by the President's letter of 5 Novem> er_ :k 971 ---Tab. A, III A 3. Change "persons" to prof(ssionals" and "four" to "three". Change last sentence to read "--after Dr. Schlesinger became D`CI in 1973." ---Tab A, III A 4. -for the DCI has a range of responsibi.li.t1es, inc]ud-L,L' supervision of the preparation of National. Tntelligeice Estimates. (When created in 1973, it replaced the B, )a.r.d of National Estimates, which had existed in some for-t) since. 1950.) Reword as f of lows This group of 11 substantive officers working d_ -7, (~ctly --Tab A, III 13, line 5. Add "and covert" a= ter "overt." -.-Tab A, III C 1. DIA was established in 1961. NSA was estab i_ished --Tab A, III C 4. "---sui~kor?fp:" NSA -Tab A, III C 2. We believe by Presidential directive. L Approved For Release 2004/10/28 : CIA-RDP80MO1066A000800260004-4 Approved For Release 2004/10/28 : CIA-RDP80MO1066A000800260004-4 --Tab A, III D. $? - ~heaed by an officer of Assistant Secretary rank---`~ --Tab B. There is sc-tie danger that a busy reader might gain the impression that all the problems described here are still pressing.. So; :e still. are, some have been oived, ;?nd : or ie have been overtaken. A footnote. might take care of this problem. ----Tab C. Although the CIA study did not aid ir_ es s a number of the matters cited hex:e, the DCI has in fact expressed positions on. several of them. T aa..> will be apparent if you get the package to whic .i referred. E :c i..R D ;La}:.IHMAN Approved For Release 2004/10/28 : CIA-RDP80M01066A000800260004-4 Approved For ReIWe 2004/10/28: CIA-RDP80MO1066A0Q0800260004-4 The Intelligence Community is passing through a crisis of public confidence. If the nation is to have the intelligence system it needs, that confidence must be restored. This requires inter alia clearer definition of the-responsibilities and authorities of the intelligence agencies. At the same time the political atmosphere-of the day, together with the breakdown in confidence, has encouraged an attack on the conventional defenses of intelligence security. If the national intelligence system is to be effective, better defenses must be found for those: things essential to intelligence operations. it should be noted that many desirable measures to this end run directly counter to those designed to restore confidence. The need for public confidence and the need for secrecy mean that change is inevitable. Congress will clearly reconsider the intelligence provisions of the National Security Act of 1947. There is thus a unique opportunity to make fundamental improvements in Community management, and ultimatel in the intelligence__ roduct f improvements that many intelligence officers have believed long overdue. Three major and inter-related categories of measures are needed: measures to restore public confidence, including those restricting and defining intelligence responsibilities; measures to protect secrecy;'measures A~$ ro rFor FZefiease ` 6 T /:j8 : CIA-RDP80MO1066A000800260004-4 'Approved For Re1,ease 2004/10/28 : CIA-RDP80M01066ADeO80O260004-4 I NOTE: This outline could be developed ad infinitum. Subheadings marked with an asterisk are not_ used in the attached matrix. .I. Measures to restore confidence A. Oversight 1. Executive 2. Congressional 3. Provision of product *4. Public B. Intelligence agency internal controls *C. Public education II. Measures to restrict activities A. Fiscal controls *1. Open budget *2. GAO audit B. Prevention of "abuses" C. Covert action iii. Measures to protect secrecy A. Classification system B. Protection of classified information C. FOI and Privacy Acts D. Protection of the intelligence budget IV. Measures to improve management of foreign intelligence A. DCI's relationship to the President B. DCI as manager of the Community 1. Resources 2. USIB 3. Relations with Defense 4. Relations with State Approved For Release 2004/10/28 : CIA-RDP80MO1066A000800260004-4 Approved For Rej se 2004/10/28 : CIA-RDP80MO1066AOW800260004-4 C. DCI as manager of CIA I *1. Deputies *2. Production elements *3. Clandestine activities D. Collection *1. *2. *3. Human sources NRO NSA E. Organization of Defense Intelligence Role of OSD Influence of DCI Responsibilities of DIA National/tactical questions Transition to war F. Quality control of production Independent review by outsiders The National Estimates process Consumer inputs Analysis/collection balance Competition in analysis Approved For Release 2004/10/28 : CIA-RDP80MO1066A000800260004-4 CONFIDENCE A. External Oversight 1. Executive Congressional 3. Provision of 'product Intel Agency Internal Controls Schlesinger '71 Approved For Release 2004/10/28: CIA-RDP80M01066A000800260004-4 PFIAE "71 DNC '72 (Presidential Comm. ! on civil 1i bbertie, Pres & Sec State to control clan- destine activities Oversight Comm for FBI. Cong. Committees on Privacy & Internal Security Office to serve Congress. Another to serve public. Murphy '75 Stronger PFIAB (Endorses Rockefeller) Iit Committee on Nat'l Security has jurisdiction over Intel. (No changes in standing Com- 1mittees, but IJt Comm to jauthorize annual 1budget). Central Cong. ,repository for (intel?) reports Rockefeller '75 CIA '75 Executive order to limit domestic activities Stronger PFIAB Proper Choi e of DCI General statement of need for stronger oversight it committee on Intel replaces Armed Service Committees CIA IG reports to PFIAB Approved For Rele OM01066A000800260004-4 Strengthen CIA IG StrengtEen CIA ;Gen Couns. Issue CIA Regula- tions on per- missible acti- vities Reduce CIA compartmentation General statement of need for stronger oversight. DGI to have IG for Community II. RESTRICTIONS Schlesinger '71 A. Fiscal "Abuses C. Covert Action Approved For Release 2004/10/28 :,CIA-RDP80M01066A000800260004-4 PFIAB '71 Approved For Rele DNC '72 Force CIA to de- fend publicly its own budget National register of data banks Put Attorney General on NSC Guidelines on domestic collec- tion Pres & Sec State should control Amend NS Act clause on,"such other functions" Severely limit no. of covert actions Separate analysis and CA? Murphy '75 Rockefeller '.75 DCI "person of of stature" from outside CIA IMake part of CIA budget public Revise NS Act to limit activities. Pres should not iinvolve CIA in internal security Single channel CIA to White House. CIA-FBI agreement on jurisdiction CIA-Justice agree- ment on criminal acts. by CIA employees . Rpt to Jt. Comm. No Presidential Certification Approach gin- gerly (consider risks as well as benefits) Review periodi- cally. Strengthen CIA internal oversigh se 2004110128: CIA-RDPI0M01066A000800260004- CIA '75 Continue. Keep in CIA. Keep combined with clandestine collection. Approved For Release 2004/10/28 CIA-RDP80M01066A000800260004-4 A. Classification; System B. Protection of classified information D. Protection of intelligence Budget Schlesinger '71 DNC '72 ,Congress set classification !standards; limit (use of.classi- 1fication. 11Do away with Executive ,Privilege CIA should de- fend its budget publicly Murphy '75 Rockefeller '71 CIA '75 `Procedures for !General statement resolution of Exec 'of need for a !Privilege claims fresh look" ,Statutory class. (system Mandatory classi- Clarify NS Act re eneral statement fication of DCI's responsi- f need for pro- information on abilities for pro- ection !sources & methods tection of jCriminal penal- sources & methods {ties for un- Criminal penalties !authorized dis- for unauthorized !closure disclosure. ISupports FOI '7.4 Intel agencies !amendments should review System for auto- periodically for may-;n dnwnaradina declassification in public interest Make part of CIA budget public se 2004110128: CIA-RDP8 Approved For Relea M01 066A000800260004-4 [V. IMANAGEMENT Schlesinger '71 A. DCI's rela- Option 43. tionship to Coordinator on President President's Staff, B. DCI as 11. DNI has bud- manager of get appropriated Comunity. to his office. #2. DCI prepares 1. Resources ~ consol.intel. budget. #3. Coordinator advises Pres. on resources. 2. USIB 'Make advisory to DCI 3. Relations #l. Main Def with Defense Coll. assets transferred to DCI. 4. Relations with State Approved For Release 2004110128: CIA-RDP80M01066A000800260004-4 PFIAB '71 DNC '72 Murphy '75 Rockefeller '75 'Establish USIB ;Resources Comm. !Reconstitute under DCI. ;Expand role in budget & policy. Recognize need for tactical .intel for field com- lmanders. Shift resources `from CIA and DoD to State, ACDA, White House !Move DCI to White House; give !access to Presi- dent; retitle as DFI. Only President ,Only have line authority over Community. DCI should pre- i ,pare multi-year plan and con- ;authority over Community jDCI should not have line SecDef should not be nation's chief intelli- Mil. Deputy DCI to handle defense rela- Larger role for State Approved For Relo ase 2004110128: CIA-RDP kM01066A000800260004 CIA '.75 DGI should have !access to and confidence of President, but should not be in White House. Should b mmember of NSC. jDGI has funds approp. to him, allocates to operating com- ponents. ;Reconstitute advisory to DGI.' Confine primarily' to production smatters. IStatutory change ,in DGI-Defense relationships. DGI-State coor- dinating mechani.m. Approved For Release 2004/10/28 : CIA-RDP80M01066A000800260004-4 MANAGEMENT Schlesinger '71 PFIAB '71 DNC.'72 C. DCI as manager,#2. DCI keeps CIAiDCI should dele- Separate analysis of CIA 'production. Rest !gate admin of and clandestine becomes separate.lCIA. !activities (agency He should direct- Collection ;boundaries !Increase domestic between col- clandestine coil election agencies of foreign intel. Revise NSCID's Improve Foreign to reestablish Service reporting (esp by FBI) ly control BNE and DDI. Reduce clan- destine collection E. Organization 1#1 Director of DASD/I for o--': Defense Defense Intelli- resources Intelligence gence in full charge. #2 ASD/I to handle resource !issues F. Quality Control for Intelligence Production Murphy '75 Retitle as FIA. DFI should dele- gate much of administration to hid deputy. I Improve Foreign Service report- ing. Sec Def must en- force national intelligence priorities. Restore national estimates staff Endorses Rocke- feller on PFIAB. Stronger NSCIC Rockefeller 175 CIA '75 Sedond (civilian) Retitle as FIA. Deputy DCI to .Separate from administer CIA DGI. #l.DGI retains production #2.FIA retains production PFIAB to assess quality of col- lection and production Must balance national and tactical require- ments for coll. DGI has larger voice, through budget and EXCOM, in DoD management of national pro- grams. He has greater responsi-; bility to provide' support to Defense. Invigorates NSCIC role by making DGI chairman Stronger DGI role in eval. of pro- duct. Approved For Release 2004/10/28 : CIA-RDP> 0M01066A000800260004- High level con- sumer feedback f(NSCIC). !Review of pro- duct by out- Isiders. More resources for analysis Competing cen- ters (INR, DIA) Establish "consumer in- Ifluence" USIB Committee on evaluation to approve national esti- mates. Executive Office "Council on Foreign Affairs" draws from academia etc. Institute ad- versary pro- ceedings at all levels. -