SENSITIVE COLLECTION HEARING FOLLOW-ON WORK

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88B00443R001904420009-6
• Release Decision: RIPPUB
• Original Classification: T
• Document Page Count: 16
• Document Creation Date: December 22, 2016
• Document Release Date: June 23, 2011
• Sequence Number: 9
• Publication Date: March 27, 1986
• Content Type: MEMO

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EXECUTIVE SECI FARIAT
ROUTING SLIP
ACTION
INFO
DATE
INITIAL
D C I
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DDCI
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EXDIR
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D/ICS
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DDI
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DDA
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DDO
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DDS&T
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Chm/NIC
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00
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IG
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Compt
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D/OLL
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D/PAO
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D/PERS
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VC/NIC
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ES
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10 Apr 86
Remarks
To 13: Please have a proposal to meet the
DCI's concerns prepared. (On the transcript
please have ADDS&T get retyped and returned
ES for DCI files.)
27 Mar 86
3637 (10.81)
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27 March 1986
MEMORANDUM FOR: Director of Congressional Affairs
FROM: Director of Central Intelligence
SUBJECT: Sensitive Collection Hearing Follow-on Work
1. After an important hearing with follow-on implications like that on
sensitive collection, I think it is essential to have a memorandum prepared
laying out the implications and future problems and future work indicated
by the dialogue of the hearing. -
2. I think we need better answers on exactly the kind of operations
which in their internal processing require specific approval at various
levels, the kind of authorizations on which we seek approval at NSC or
Presidential level, the kind on which we want to alert the Congress.- This
would enable better response to the kind of questions which Senator L Nunn
asked regarding target countries and etc.
I'd like to have a statement of exactly what the aDDroval oractices and
requirements are
3. I attach the testimony I used at the 26 March hearing. Please have
it cleaned up and return a copy for my files.
William J. Casey
Attachment: a/s
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TESTIMONY TO SSCI ON "OTHER SENSITIVE ACTIVITIES"
26 MARCH 1986
GENTLEMEN:
I WOULD LIKE TO DISCUSS WITH YOU TODAY THE INTELLIGENCE
COMMUNITY'S SENSITIVE COLLECTION ACTIVITIES AND THE PROCESS BY
WHICH THE COMMUNITY PROVIDES INFORMATION TO THE CONGRESSIONAL
OVERSIGHT COMMITTEES ON THESE ACTIVITIES. THE INTELLIGENCE
COMMUNITY AND THIS COMMITTEE HAVE DEVELOPED METHODS AND AVENUES
FOR PROVIDING INFORMATION ON THE FULL RANGE OF INTELLIGENCE
COLLECTION ACTIVITIES. INDEED -- I WOULD LIKE TO TAKE THIS
OCCASION TO ASSURE YOU THAT I AM AWARE OF NO SENSITIVE COLLECTION
ACTIVITIES ABOUT WHICH THIS COMMITTEE -- OR AT LEAST THE CHAIRMAN
AND VICE CHAIRMAN -- ARE NOT INFORMED. T St':' 'ORt11S AS
I. OFF TT -- TS T0-D3SGUSS--HOW THE
JNTELLIGENGE~1MUNITY
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CONTINUES TO KEEP THE OVERSIGHT COMMITTEES INFORMED ON SENSITIVE
COLLECTION ACTIVITIES WITHOUT TAKING UNDUE RISKS WITH SOME OF OUR
MOST PRODUCTIVE BUT FRAGILE SOURCES AND METHODS.
WITH THIS IN MIND -- I WOULD LIKE TO REVIEW FOR YOU THOSE
PROCEDURES TTY USES TO KEEP THE OVERSIGHT
COMMITTEES INFORMED OF SENSITIVE COLLECTION ACTIVITIES. IN DOING
SO -- I WOULD LIKE TO CLARIFY WHAT IS MEANT BY "OTHER SENSITIVE
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ACTIVITIES" AND EMPHASIZE THE ROLE SECURITY -- AND
COMPARTMENTATION IN PARTICULAR -- PLAYS WHEN ANY REVIEW OR
DISCUSSION OF SENSITIVE ACTIVITIES TAKES PLACE -- INCLUDING
WITHIN THE INTELLIGENCE COMMUNITY ITSELF. ONLY IN THIS WAY CAN
THE NECESSARY INFORMATION ON THESE ACTIVITIES BE TRANSMITTED/
WHILE SIMULTANEOUSLY MAINTAINING THE ESSENTIAL SECURITY
PROTECTION OF THEM. FINALLY -- I WOULD LIKE TO REVIEW THE
PROCESS THE INTELLIGENCE COMMUNITY UNDERGOES BEFORE UNDERTAKING
ANY SENSITIVE ACTIVITY. IN THIS WAY I HOPE THE COMMITTEE WILL
GET AN EVEN MORE DETAILED INSIGHT INTO HOW THE COMMUNITY DEALS
WITH SENSITIVE COLLECTION ACTIVITIES.
THROUGH THE BUDGET REVIE6! PROCESS frHE INTELLIGENCE COMMUNITY
PROVIDES SUBSTANTIVE INFORMATION ON OUR SENSITIVE COLLECTION
ACTIVITIES. FOR EXAMPLE -- IN OUR ANNUAL BUDGET SUBMISSIONS ON
THE NATIONAL FOREIGN INTELLIGENCE PROGRAM/-- TW -z~ TEL i TG_ENCE
GH THE CONGRESSIONAL BUDGET
JUSTIFICATION BOOK (CBJB) A0 OUR SENSITIVE COLLECTION
ACTIVITIES AND LEVELS OF FUNDING AND PERSONNEL RESOURCES USED IN
THEM. WITH THIS INFORMATION THE OVERSIGHT COMMITTEES ARE ABLE TO
SEE TRENDS IN OUR COLLECTION ACTIVITIES I--tOTE OUR AREA OF
INCREASING OR DECREASING PRIORITIES AND -- IN GENERAL -DEVELOP
AN ACCURATE UNDERSTANDING OF THE RESOURCES WE ARE DEVOTING TO OUR
SENSITIVE PROGRAMS.
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FOR EXAMPLE -- IN THE BUDGET SUBMISSION ON SIGINT COLLECTION
AND PROCESSING -- WHICH INVOLVES SOME OF OUR MOST SENSITIVE
COLLECTION ACTIVITIES -- WE PROVIDE INFORMATION ON THE ENTIRE CIA
SIGINT PROGRAM IN TERMS OF BOTH MONEY AND PEOPLE. WE ALSO NOTE
HOW ANY INCREASES OR DECREASES IN MONEY OR POSITIONS WILL AFFECT
US/IN ALLOCATING OUR RESOURCES FOR THE YEAR IN QUESTION. NEXT --
WE LIST THOSE AREAS OF EMPHASIS OUTLINED BY THE NATIONAL SIGINT
PLAI/AND NOTE THOSE PROGRAMS WE WILL EMPLOY TO ACHIEVE OUR GOALS.
ALSO INCLUDED IN THE BUDGET SUBMISSION IS INFORMATION ON FUNDING
FOR OUR ONGOING INITIATIVES IN THE AREA OF SIGINT COLLECTION
ACTIVITIES. THROUGH THIS INFORMATION -- THE COMMUNITY IS ABLE TO
ILLUSTRATE THE DIRECTION FUNDING IS TAKING/AND INDICATE THE LEVEL
OF EFFORT THE COMMUNITY DEVOTES TO THESE PROGRAMS.
FURTHERMORE -- THROUGH THE BUDGET SUBMISSION WE PROVIDE
DETAILED DESCRIPTIONS AND JUSTIFICATIONS ON OUR NEW INITIATIVES.;
IN THE SIGINT FIELD/-- FOR EXAMPLE -- THE FY 1987 BUDGET
SUBMISSION CONTAINED DESCRIPTIONS AND JUSTIFICATIONS FOR NEW
INITIATIVES
SUPPORT -- AND SIGINT SUPPORT TO NATIONAL PROGRAMS. AND EACH
NEW INITIATIVE WAS ACCOMPANIED BY PROPOSED FUNDING LEVELS AND
POSITIONS.
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FINALLY -- WE USE THE CONGRESSIONAL BUDGET JUSTIFICATION
BOOK TO HIGHLIGHT AREAS OF SPECIAL SIGNIFICANCE -- HIGH SUCCESS
-- OR SPECIAL INTEREST TO THE OVERSIGHT COMMITTEES. THROUGH
THESE "BLUE PLATE SPECIALS" WE PROVIDE EVEN MORE DETAILED
INFORMATION. FOR EXAMPLE -- IN THE SIGINT COLLECTION AND
PROCESSING SECTION OF THE FY 1987 BOOK -- WE PROVIDED SPECIAL
ONE-PAGE BRIEFS
SUPPLEMENTING OUR ANNUAL BUDGET SUBMISSIONS -- THE VARIOUS
COMPONENTS OF THE INTELLIGENCE COMMUNITY PROVIDE DETAILED
BRIEFINGS TO COMMITTEE STAFF AND MEMBERS/ON SIGNIFICANT CHANGES
PROPOSED IN THE APPROVED BUDGET. ADDITIONAL INFORMATION ON
SENSITIVE PROGRAMS IS PROVIDED IN 4 WON AS
APPROPRIATE. ALSO -- AT CIA THE OFFICE OF THE COMPTROLLER
MAINTAINS UP-TO-DATE DESCRIPTIONS OF OUR SENSITIVE PROGRAMS WHICH
CLEARED COMMITTEE STAFF MAY CONSULT AT ANYTIME. OFTEN --
DEMONSTRATIONS IN OUR TRAINING OR HEADQUARTERS LOCATIONS ARE
GIVEN TO COMMITTEE MEMBERS AND THEIR STAFFERS WHEN PROGRAMS REACH
A STAGE WHERE THERE IS SOMETHING OF INTEREST TO SHOW bR WHEN THE
PROGRAM PROVIDES INFORMATION OF UNIQUE OR EXCEPTIONAL
INTELLIGENCE VALUE.
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COMMITTEE MEMBERS AND THEIR STAFFERS ARE INVITED TO OTHER SITES
-- BOTH DOMESTIC AND OVERSEAS -- TO SEE SUITABLE COLLECTION
ACTIVITIES FIRSTHAND. FOR OUR MOST SENSITIVE PROGRAMS -- WE
PROVIDE BOTH THE CHAIRMAN AND VICE CHAIRMAN OF THIS COMMITTEE
WITH BRIEFINGS. IN SHORT -- THROUGH THE ANNUAL BUDGET
SUBMISSIONS`
THROUGH THE DETAILED BRIEFINGS TO COMMITTEE AND STAFF ON
SIGNIFICANT CHANGES PROPOSED IN THE APPROVED BUDGET -- AND
THROUGH AD HOC NOTIFICATIONS AND BRIEFINGS TO MEMBERS AND STAFF
-- WE PROVIDE A CONSIDERABLE AMOUNT OF DETAIL ON OUR SENSITIVE
PROGRAMS. I HAVE HERE AN EXAMPLE OF A SPECIAL BRIEFING GIVEN TO
MEMBERS OF YOUR STAFF IN CONJUNCTION WITH LAST YEAR'S BUDGET
REVIEW.
OF COURSE -- PROVIDING THIS KIND OF MATERIAL -- CONSOLIDATED
IN ONE PLACE VERY CAREFUL HANDLING. a COMPROMISE
OF THIS INFORMATION WOULD HAVE DISASTROUS RESULTS ON SOME OF OUR
MOST CAREFULLY TARGETED AND PRODUCTIVE INTELLIGENCE OPERATIONS.
IMPROVING THE PROTECTION OF SOURCES AND METHODS IS ONE OF MY
HIGHEST PRIORITIES. IT COSTS US DEARLY IN TERMS OF PEOPLE --
OPERATIONAL EFFECTIVENESS -- DOLLARS -- AND MOST IMPORTANTLY --
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INTELLIGENCE PRODUCT TO LOSE A GOOD SOURCE OUTRIGHT OR TO HAVE
IT PARTIALLY COMPROMISED THROUGH LEAKS. WE INSIST ON
COMPARTMENTING INFORMATION ON OUR IMPORTANT INTELLIGENCE SOURCES
AND METHODS -- WHERE INDICATED -- AND ENFORCING THE "NEED TO
KNOW" PRINCIPLE AT ALL LEVELS T
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WE ARE MAKING NO EXCEPTIONS TO THIS
POLICY WITHIN ANY BRANCH OF OUR GOVERNMENT. THE ROLLS OF PEOPLE
HAVING ACCESS TO THESE PROGRAMS ARE BASED ON THE MINIMUM NUMBER
NEEDED TO GET THE JOB DONE. IN ONE SENSITIVE PROGRAM
THE NUMBER OF WITTING PEOPLE IS LESS THAN 12001 IN ANOTHER
PROGRAM DEALING WITH TECHNICAL INTELLIGENCE COLLECTION THE NUMBER
IS LESS THAN 100. IN THIS REGARD -- I APPRECIATE W COMMITTEE'S
RECOGNITION OF THE NEED TO LIMIT THE AMOUNT AND KINDS OF
INFORMATION WE PROVIDE YOU ON SENSITIVE INTELLIGENCE ACTIVITIES
TO THE BARE MINIMUM -- AND TO STRICTLY LIMIT ACCESS TO THAT
INFORMATION TO THOSE WHO MUST KNOW.
IN DISCUSSION OF THIS SUBJECT -- I THINK WE NEED TO BE CLEAR
ABOUT WHAT WE MEAN BY THE TERM "OTHER SENSITIVE ACTIVITIES." I
UNDERSTAND THE FOCUS OF YOUR INTEREST IN THIS BRIEFING DOES NOT
INCLUDE COVERT ACTION OR PURELY AGENT OPERATIONS.
"OTHER SENSITIVE ACTIVITIES" WHICH WE ARE DISCUSSING TODAY
CERTAINLY INVOLVE RELATIVELY HIGH NATIONAL SECURITY RISKS. THESE
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RISKS MAY BE CHARACTERIZED IN DIFFERENT WAYS. WE CONSIDER FIVE
TO BE MOST IMPORTANT: FIRST IS THE POSSIBILITY OF LOSS OF LIFE
OR SERIOUS INJURY -- SECOND IS THE POTENTIAL FOR DAMAGE TO THE
IMPLEMENTATION OF U.S. FOREIGN POLICY -- THIRD IS THE POTENTIAL
OF ADVERSE INTERNATIONAL POLITICAL REACTION -- FOURTH IS MAKING
US SIGNIFICANTLY VULNERABLE TO PROPAGANDA FROM THE SOVIET BLOC
AND ITS ALLIES -- AND FIFTH IS THE THREAT OF GRAVE EMBARRASSMENT
TO THE UNITED STATES AND OUR FOREIGN POLICYMAKERS.
A SENSITIVE INTELLIGENCE ACTIVITY MAY ENTAIL ONE OR ALL OF
THE ABOVE FIVE RISKS. FOR EXAMPLE -- THE EXPOSURE OF A SENSITIVE
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ACTIVITY. FINALLY -- THE SPECIFICS DETERMINING THE DEGREE OF
SENSITIVITY OF MANY INTELLIGENCE ACTIVITIES ARE NOT STATIC. A
SUDDEN INCREASE IN RISK OR COST OF AN OPERATION OR A SUDDEN
DEFLATION OF INTELLIGENCE VALUE DEFINITELY AFFECT* THE
SENSITIVITY OF A PARTICULAR COLLECTION ACTIVITY.
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I WOULD NOW LIKE TO DISCUSS THOSE PROCEDURES THE
INTELLIGENCE COMMUNITY FOLLOWS IN REVIEWING ANY SENSITIVE
INTELLIGENCE COLLECTION ACTIVITY WE PROPOSE TO UNDERTAKE. A
NUMBER OF IMPORTANT QUESTIONS MUST BE ANSWERED ABOUT ANY
INTELLIGENCE ACTIVITY CARRYING SIGNIFICANT RISK. FIRST -- BEFORE
APPROVAL IS GIVEN -- THERE MUST BE A THOROUGH ASSESSMENT OF THE
PAYOFF VERSUS THE RISK INVOLVED. I HAVE DESCRIBED THE ELEMENTS
MAKING UP A RISK ASSESSMENT. THE POTENTIAL PAYOFF OF OUR
SENSITIVE COLLECTION OPERATIONS MUST BE HIGH. WE ASSURE
OURSELVES THERE ARE NO OTHER LOWER RISK ALTERNATIVES AVAILABLE.
ALL KEY DECISIONMAKERS AND OPERATIONS PERSONNEL IN THE SMALL
PROJECT CIRCLES TYPICAL OF SENSITIVE OPERATIONS KNOW THE
SIGNIFICANCE OF THE PRODUCT WE SEEK. SECOND -- THERE MUST BE A
HIGH PROBABILITY OF SUCCESS. IT MAKES NO SENSE -- SAVE IN TAE
CASES OF NATIONAL EMERGENCY -- TO UNDERTAKE A RISKY
ACTIVITY WITH DISMAL PROSPECTS FOR SUCCESS EVEN IF THE
INFORMATION OBTAINABLE IS HIGHLY VALUABLE IN THE NORMAL
INTELLIGENCE PROCESS.
AFTER THESE INITIAL ASSESSMENTS ARE MADE AND A SENSITIVE
INTELLIGENCE ACTIVITY IS APPROVED IN PRINCIPLE -- APPROVAL TO
ACTUALLY PERFORM THIS ACTIVITY IS BASED ON SEVERAL FACTORS THAT
BEAR ON INCREASING OUR CHANCES OF SUCCESS AND MINIMIZING
OPERATIONAL RISKS. THERE MUST BE A THOROUGH ANALYSIS OF THE
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FINALLY --
SENSITIVE COLLECTION ACTIVITIES MUST BE COORDINATED WITH THE
OFFICE OF GENERAL COUNSEL IN COGNIZANT AGENCIES TO ENSURE THAT
THE PROPOSED ACTIVITY DOES NOT IN ANY WAY BREAK THE U.S. LAW.
THEREFORE -- AS YOU CAN SEE -- VARIOUS CHECKS AND BALANCES
ARE BROUGHT INTO PLAY WHEN CONSIDERING A SENSITIVE OPERATION.
OF COURSE -- AS OFTEN HAPPENS -- THE GREATER THE POTENTIAL
PAYOFF -- THE GREATER THE RISK.
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THUS -- DEPENDING ON FACTORS SUCH AS PAYOFF -- RISK --
PROBABILITY OF SUCCESS -- AND COST -- JUDGMENTS ARE MADE AS TO
THE WISDOM OF PURSUING A PARTICULAR SENSITIVE OPERATION. AND
THROUGH ASSESSMENT -- PLANNING -- AND COORDINATION PROCEDURES --
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THE INTELLIGENCE COMMUNITY CONTINUALLY TRIES TO ENSURE THESE
JUDGMENTS ARE VALID. OF COURSE -- AS THE RISK LEVEL OF A
PARTICULAR OPERATION INCREASES -- SO DOES THE LEVEL OF APPROVING
AUTHORITY REQUIRED TO SET IT IN MOTION.
HUS. THOSE ACTIVITIES
INVOLVING THE HIGHEST LEVEL RISKS MUST RECEIVE APPROVAL FROM
EITHER MYSELF OR THE DDCI. ALL OTHER OPERATIONS MUST BE APPROVED
BY ONE OR MORE OF THE DIRECTORS OR DEPUTY DIRECTORS OF THE
AGENCIES COMPRISING THE INTELLIGENCE COMMUNITY.
IN CONCLUSION -- METHODS HAVE EVOLVED FOR PROVIDING THIS
COMMITTEE WITH INFORMATION ON SENSITIVE COLLECTION ACTIVITIES.
THESE METHODS INCORPORATE APPROPRIATE COMPARTMENTATION OF
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INFORMATION AND THE "NEED TO KNOW PRINCIPLE" WHILE PROVIDING AS
MUCH INFORMATION AS NECESSARY FOR THE COMMITTEE TO EXECUTE ITS
OVERSIGHT ROLE. WE BELIEVE THESE METHODS SERVE THIS PROCESS WELL
-- BOTH WITHIN THE COMMUNITY AND BETWEEN THE INTELLIGENCE
COMMUNITY AND THIS COMMITTEE.
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