LETTER TO THE HONORABLE ROBERT D. MURPHY FROM W. E. COLBY

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CIA-RDP80M01133A000900160037-3
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RIFPUB
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K
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15
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December 15, 2016
Document Release Date: 
January 14, 2004
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37
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Publication Date: 
November 7, 1973
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LETTER
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Approved For RP4jqR f 00.37-3/~ _/Gt~~ WASHINGTON, D.C. 20303 November 7, 1973 The Honorable Robert D. Murphy, Chairman Commission on the Organization of the Government for the Conduct of Foreign Policy 2025 M Street, N.W. Washington, D.C. 20506 Dear Ambassador Murphy: I n response to your letter of October 15 1 have de- veloped the attached statement which provides an overall response to the matters you suggested for coverage in my presentation to the Commission in November. I developed this in unclassified form, as I believed it the most useful vehicle to stimulate future questions and thoughts by the Commission members in the actual hearing. I am certainly prepared to go into classified matters during the hearing itself, or in any follow-up studies of more detail which might be needed as you proceed toward your final report. Sincerely, Approved For Release 2004/02/23 : CIA-RDP80M01133A000900160037-3 WASHINGTON, D.C. 20503. Approved For Rel* 2004/02/23: CIA-RDP80M01133AO000160037-3 November 7, 1973 The Honorable Robert D. Murphy, Chairman Commission on the Organization of the Government for the Conduct of Foreign.Policy 2025 M Street, N.W. Washington, D.C. 20506 Dear Ambassador Murphy: In response to your letter of October 15 1 have de- veloped the attached statement which provides an overall response to the matters you suggested for coverage in my presentation to the Commission in November. I developed this in unclassified form, as I believed it the most useful vehicle to stimulate future questions and thoughts by the Commission members in the actual hearing. I am certainly prepared to go into classified matters during the hearing itself, or in any follow-up studies of more detail which might be needed as you proceed toward your final report. - Sincerely, Approved For Release 2004/02/23 : CIA-RDP80M01133A000900160037-3 Approved For Relea 2004/02/23 : CIA-RDP80MO1133A000900160037-3 STAT LiENT BY THE DIRECTOR OF CENTRAL 'INTELLIGENCE let me "confirm your assumption about what the national intellicerice program is. Our intelligence process includes the collection and analysis of information in or- der to produce what we call "finished intelligence." We use overt, covert, technical, human, passive, and active collectors. The information collected is then "processed"--- that is, it is -recorded, compared with other information, and subjected to the appropriate techniques of scientific examination such as photographic interpretation, electronic analysis,- and decrypt-ion. This -"processing" of information is follo;qed by what we :call the "production" of "finished" intelligence .-- in the form of reports,- studies,- and estimates which reflect the highest intellectual evaluation which we can bring to bear upon all the bits and pieces of . fact and 'impression at :our disposal. The 'entire 'intelligence process which *1 have described relates 'to "foreign -intelli- gence and counterintelligence, although a number of steps in the process -obviously have to take; place in the* United States. In addition to collection, processing, and produc-- tion,._from time *to tire 'CIA also conducts. other activities related to inteIl igence `affecting the national security, as directed by the National Security Council. The current organization of the Intelligence. 'Community is reflected in the President's directive of 5" November 1971. It called for the folloaing: -- That :the Director of Central Intelhigerice '(DCI) provide leadership to all foreign intelligence activities'-of the United States Government. -- That there be established a National Security Council Intelligence 'Corlmittee * (NSCIC) The purpose of the NSCIC is to give direction and guidance on national substantive intelligence- . r11'er,~hars are : The Assistant to the President for 11ationaZ Security Affairs (Chairman), the-Under Secre- tary of State, the Deputy Secretary of Defense, the Chair,;:wr> of the Joint Chiefs of Staff, and the DCI. Approved For Release 2004/02/23 : -CIA-RDP80M01133A00090016003773 Approved For Rel 2004/02/23: CIA-RDP80MO1133A0p0160037-3 reeds and to provide for the continuing evalua- tion of intelligence products from the vie..r- point of the intelligence consumer- That the Intelligence Resources Advisory Committee IP.AC be formed. * This Committee is advisory to the DCI in his management role.. It helps hint develop the annual National Foreign Intelligence Program Budget RecoT endations which are sent by the 'DCI to the President--Recommendations which may concern any of the foreign intelligence expenditures of the United States' Government. -- That the United States Intelligence Board..(USIB) ** . be reconsti tuted to include a representative. of the Secretary of the 'Treasury, and that it continue 'to advise and assist the. DCI in his. sub- stantive leadership role With "respect to the. - In- - telligerice 'Coim-nunity_ Not addressed by that directive but continuing to operate' is '-the *so-called Forty Col-znittee.X** This body provides policy guidance 'on activities -related to intelligence affecting the national secu ty, as directed by the National Security Council.- *Members are: the DCI (Chairman), and one senior repre- sentative each from the Department of Defense, the Depart meat -ofState,the 'Offi.ce of Management and Budget, and CIA.. ..**Members are: - The DCI (Chairman); the DDCI;. the Director of the Bureau of Intelligence and Research, State' Department; the. Director of the National Security Agency (NSA); the. Director of the Defense Intelligence Agency (DIA); repre-- sentatives of the Secretary of the Treasury, the' Federal Bu_rec?1 of Investigation, and the Atomic Energy Commission. . members are:' The Assistant to the President -for National Security Affairs. (Chairman), the Under Secretary of State for Political Affairs, the Deputy ,Secretary of Defense, the C3;a ir--an of the Joint Chiefs of Staff, and the DCI.. Approved For Release 2004/02/23 : CIA-RDP80M01133A000900160037-3 Approved For Rel. 2004/02/23: CIA-RDP80M01133A0 00160037-3 In his letter to r,-,2 of 1- October, Chairman Nun W out lined a number of specific subjects which he wished me to ad- -0110;q-up studies -of the Com ?i s- dress i n my s gate .ent and in sion. I have generally keyed the following remarks to the numbered sections of. that letter. (1) Authority The National Security Act of 1947,' certain additional legislation, and the National Security Council Directives provided for in law are the authorities under which the national intelligence program operates.-: The legislation is 'currently being re=evaluated by the 'Congress-, and it ma_y be. that some -modifications will be made. To the -extent that. any changes further limit the national intelligence activities -in which '.the DCI is interested to the field of 'forei'gn intelligence, and to the extent that.they require the reporting of foreign intelligence 'activities on a regular basis to certain me hers of the Congress; I. would welcome them.. The 'public should be as -free as possible from concern about the operations of our national foreign intelligence'program- The 'National. Security Council Directives which :I men- tinned are currently under evaluation to, determine cahether an unclassified version can be 'written. This would help to eliminate -any possible' misunderstanding about -the. existence of a "secret charter" for CIA or the Intelligence--Community. At the 'same time,, some. classified directives will be 'necessary to specifically- implement the- unclassified, guidance of the open directives'.' I do not vie 'su'bordination to the NSC as -different from subordination to the President. The NSC historically has played different roles in foreign policy and rational .security affairs under different Presidents.' But no Presi- dent in recent times has been willing to function without access to good intelligence -- whether by direct contact with. appropriate agencies or through -the NSC system_ The responsibilities of some of the -agencies of the Intelligence Community to produce both "departmental" Approved For Release 2004/02/23 : CIA-kDP80M01133A000900160037-3 Approved For RelS 2004/02/23: CIA=RDP80M01133A01 *0160037-3 and "national" intelligence are not in conflict- In fact,. they are mutually supporting. The military services, for instance, have 'intelligence arms i-,hich provide the tactical intelligence necessary to support the operational forces. They also contribute information and analysis to those in the Co=unity who work on "national" level problems- A study is now underway to determine how these programs can better support each other for both substantive benefit and possible resource savings. The,DCI's responsibility to "protect intelligence. sources and methods from unauthorized disclosure" is basically a responsibility without authority. I do not view it as giving any authority beyond the 'right to cal]. the 'attention of the appropriate prosecuting authority to any cases -of. unauthorized disclosure.' In this regard I confess great concern at the absence "of any effective statutes- 'to prevent 'or punish 'the unauthorized disclosure of sensitive intelligence matters _ It was only. by civil action based upon his pre 'employment secrecy agreement that an ex-employee was prevented from revealing a number of"delicate matters in' a book which 'he had written. (U.S. vs. Marchetti.:, 466 F. 2d 1309, 1316). This decision is being tested again. Aside 'froza this particular weakness -of the statutes,- I see 'no need for particular new authority to carry out an effective "intelligence "program. The "services -of common con- tern"'. mandate 'in' the current law is adequate, though of course there 'are always' minor negotiations between a_ gencies about the kind and quality of service to be 'performed. You have asked whether section 102"(d) (5) of the Na- tional"Security Act, which provides that the CIA shall per- form such other functions and duties related to intelligence- affecting the 'national security as. the'NSC may from time to time direct,. .is -too broad and open-ended. This is currently being considered in Congress. I world offer that this pro- vision, has beeri used only when specifically directed by the NSC under Presideritial.authority, that every President since 1947 has-used it, and that the shape of the world today seems to require its use much less `often than in the more critical of the' cold war years. I do not believe that this weapon should be lightly discarded. from our national arsenal. Section 102 (e) of the 1947 Act, which gives the. CIA the - right to sea the foreign intelligence of all of the departments Approved For Release 2004/02/23 : CIA-RDP80M01133A000900160037-3 Approved For Rel 2004/02/23: CIA-RDP80M01.133A000160037-3 and agencies , is a key factor in molding a group of i ntell- cn_1ce agancies .into a co a.nity. Without that rigat, mere could be no single source of intelligence advice which ac- counted for the variety of available facts, and the Policy-1r would be buried in a confusii on of unco-relat..edeports and analyses about major problems and events. (2) "Require -.ents The principal customer of our national intelligence pro- gram. is, of course, -the President. But his key advisors and officers -need also to be informed (i.e.', the Assi s ta~? t to the President for National Security Affairs, the Secre- taries. of State, Defense, -Treasury, and so on) Their re- aui rements are a compilation both. of their expressed needs and of the Intelligence Co: unity's judgment about what they might need- There are a variety of technique s for refining such re- quirements The USIB and the DCI have established and con- tinually revi eti a formal .list of relatively constant. major . requirements.- Crisis-'requirements are'generally conveyed to the proper action arm. of the' Community as a result of try participation in the Washington Special Action Group (WSAG) which 'meets regularly and keens' me informed of activities which night ben' it front intelligence support. -In non-crisis situations,- reguirerients- for information come to the intelligence :Com uunity in a wide. 'variety of effec- tive'but not necessarily orderly ways. On a daily basis, policy-oriented analysts are in' contact with intelligence analysts and make their needs known in that context. Through. the requirements staffs -of each i n_telligerice 'agency, collec- tion co zpon`nts can ba 'tasked. Formal* rec=uests- for specific facts or analyses also come by letter or telephone fro:; US-t3 .Principals, Cabinet members, and the'NSC/National Security Ad- visor level. . Polic "a' e'r feedback to. the 'Intelligence Com- munity on intelligence probleth below the .first level of p riorit."y, ? -or in non--crisis situations ' generally does not give a clear enough signal about ho-..7 much 'collection and analytical effort the Intelligence Community should expend on a specific subject_ The Community tasks -itself when this is the case. Approved For Release 2004/02/23 : CIA-RDP80M01133A000900160037-3 Approved For Rel 2004/02/23: CIA-RDP80M01133A0l00160037-3 (3) '(12) Performance and Resources , Budgets The DCI has no authority to determine the budget 2nd i an_- nower needs of the various agencies 'in the Intelligence Con m'un, i ty. Each component goes through an i ndepende_2t _progra and budge t development process (in the case of State and DOD intelligence programms there are department-:"T? de guidances and constraints apply apart from intelligence consideratio-Is)- -Each component has an independent review by the O:VLB. Each component receives -from. the Congress an appropriation which is under its -full control . The program proposed by each co::,- ponent to the Congress is review.aed, however, by the intelli- gence .Community (IC) Staff of the 'DCI.. From IC staff sugges- t-ions,- .IRAC deliberations ,- and USIB .regui repents, the DCI . f orm.ula tes his National Foreign intelligence Progra_-;t Budget. Recommendations "for the President. The 'major resource problem -facing the Community is inflation; first in manpo.'ier costs, but in all other aspects of our profession as well." The problem can be 'stated in this .way: a. assuming level manpower, level program . size, and continued inflation, the =resources "for intelligence "would have to "i"ncrease- "bv nearly :25 perceri~ -may 1978. This alternative would be .unac- cepta.b_Le -Lo the Congress . b.. assuming level dollars,- a level program, and inflation .of:Ese t by manpowwie?" reductions; a '40 percent "cut '1n_' 'rtaripo:?ier would be required by 19 78 . The Community could not take such 'a cut and continue 'to meet its' obligations; c. ass'uning level dollars, lever man_po?;er, and continued-inflation, -there would have to be 'a drastic and "u_ne cce~table It in our investment in teclnHical systems for the fi'ture and in procurerent. The " solution to the *dilema posed above lies i n the hands of the President and the Congress: We can help by _6_ Approved For Release 2004/02/23 : CIA-RDP80M01133A000900160037-3 Approved For Rel 2004/02/23 : CIA-RDP80M01133A0.00160037-3 reducing our breadth of coverage -- by keying on the F:ost i; - portan_t issues and cutting activities and area coverages which do not contribute directly - to the resolution of Sze higL-yes` or? tI pro le''s. It is the job CL the DCI to advise t'Ze gcvern_..ent as to what constitutes a sufficiency of resources -? in dollar terms, in terms of the systems the dollars ~ i 11 '.~ support, and most importantly in terms of major substantive* need. (4) Evaluation Evaluation of the perforilance of the Intelligence Coin- ?':uni ty. is a relatively untapped ii eld. For vears evalua- t eVe of forts ha*-e been made, within the CO n-tunity .itself , - but as "I have 'suggested above, we have not had a strong standard of pre-established user require-r:ients against which- 'to' measure ourselves.. As a consequence, measure men ts. of effectiveness have usually been taken during or following some -crisis which might or might not have been of prior concern to policymakers. Our reviews under such - circuins tances have been mixed. At the 'same 'tire, on such "constants as SPIT verification and MBFR support we would get high marks .? ' I have askezl rra Intelligence Community Staff to con- centrate. 'heavily on the 'development of a method. to eval-= uate our performance : I hoPe to establish -standards and to have regular measurement of the 'effectiveness of :all- aspects _ot the profession underlay within a year- (5) Other 'In telligence~ -Activities Foreign coun`erintelligence.activity is designed to pro- tect the U.S.'. government and the private 'sector from penetra- tion or manipulation by the 'intelligence services -of other L countries It is our defensive a mm, and in this respect it is an important adjunct to the conduct 'of foreign policy- In general, intelligence 'activ.ities in support of opera- ti onal' riLL litary forces' 'are -subject to direction from the - Joint Chefs of Staff (JCS) and the Unified and Specified CoiZ- man tiers in the field. The information collected by these ac- tivities is of use mainly to the forces in the field. It -7- Approved For Release 2004/02/23 : CIA-RDP80MOl133A000900160037-3 Approved For Rele 2004/02/23: CIA-RDP80M01133A 00160037-3 updates their contingency planning for waran affects thei r state Of readiness. There is some spin-offl value to foreign nol_cy intelligence needs from L_ activit es, ho ever. This is particularly true, for example, during negoti a- tions for peace, for detente, and in the T'?S-R context- Data ,ro i ded by some basically force-re l ated systems becomes oart o- a larger data base used by analysts who Pus L _urnish back-ground to negotiators. (6) 'Special rO The cptologic programs of the various agencies are coordinated by the.. National Security Agency (LISA) . Each of the. military service cryp tologi c agencies receives -a budge t Co support a progre ti :.thick it plate s an response in two sets of guidances: - one essentially related to support of the . operational -forces , - and the other. designed to satisfy "na- tional"- needs The. Director of NSA i -responsible for tech---; ni cal direction and support to the service 'cryptologic national f s ' or agencie agencies,- for th tasking of those level objectives; and for the production of cryptologic in- telligence in support of national security and foreign.pol- icy objectives: ther advanced technological collecti Oz l r ; o a In gene programs are rtaxtaged jointly by the DCI and the 'Secretary concern for both 'substan- i s th ere of Defense. 1Vaturally nstraints ' tive require rents and resource co Studies are r_ow unde?tray to determine the degree to - ible for intelligence=related technical i t is poss h n ic ~,T collection systers to support similar but non-intelligence information needs :elsewhere in the government. In cite past some systezras; such 'as the u-2 aircraft, have been used to support snoYrpack studi es i n the American west and to photograph hurricane, earthquake and flood damage for national e-:terge?icy relief and econo_rnic planning purposes-. (7)-.- Reports -arid -EstiTates = Virtually all of the major questions -of concern to American foreign policy today involve political, economic, Approved For Release 2004/02/23 : CIA-RDP80M01133A000900160037-3 Approved For Rel* 2004/02/23: CIA-RDP80M01133A0*0160037-3 military and other factors _ It is essential for good in- telligance"assessments to reflect this variety. In the oa , the ultimate analytical, medium was the National IP_- telligence Estirttate: In recent years there have been a variety o other NSC-inspired forms which also required .-- e best analysis. In an effort to account for thi s change and to make the intelligence p rocess which I described earlier more responsive to policy-maker information requ? re- metlts, I have recently established a new group of "Na- tional Intellige-rice Officers" (NIOs)' for specific subject areas. Their job "w- ll be to enlist all elements of the Intelligence Community in the development of the best pos- sible assessments of the intelligence questions facing the gove?'iurtent. 1 have "instructed that Community reports and bjective estimates be ir_depe ndent of policy pressure and'. in tone, and content. The' will also incorporata minority. or adverse 'views when these exist. I do not believe that agencies should handle research and analysis-entirely apart from collection and operations, or in ignorance of the pol icy formulation and implementation process If anything, the ?interdeperiderice of policymaking, analysis; and collection should be increased so that col- lection and analysis -are-'focused more precisely on user needs and profit more. from user experience. Foreign policy- i i c env ron- and national security concerns arise in a dynam ment -- one 'in 7?7hich 'collectors and decisionttakers are ac- tive.' .To divorce 'analysis from this environ:tent-would re-~ it i i i s ze m n duce and slow 'its -lo;-7 of information and m At the 'same time,' "control over the substantive utility . content of. analytical responses to policy questions should 'riot be :ves tea in the ?policyrtiaker except with respect to sub- stantive *requirements and the "timing and format of re- sponses . From time *to time analysts remind policymakers of this distinction. (8) " Eriergisig Needs Any answer to this question must, of courser be-given in classified testimony. It is "clear, however, that the ?irz- telli gence "questions facing our nation in the 70s are dif- ferent from those 'of the more extreni_ 'days of the "Cold War- I,-' needs are arising which require intelligence support Approved For Release 2004/02/23 : CIA-RDP80MOl133A000900160037-3 Approved For Rel.e 2004/02/23 : CIA-RDP80M01i133AO*00160037-3 i n the -fields of econo:ni cs,- narcotics,' and international ter- rorism. These new "needs are reflected -in the -overall guid- ance being. developed for the Community. - (9) ' Oversight 'end _