MEMO TO DAN FINN (SANITIZED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001100080015-1
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 7
• Document Creation Date: December 23, 2016
• Document Release Date: November 8, 2012
• Sequence Number: 15
• Publication Date: July 5, 1988
• Content Type: REPORT

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/
CENTRAL INTELLIGENCE AGENCY
Office of Congressional Affairs
Washington, D.C. 20505
Telephone: [phone]
_
TO: Chief_QMnsc,1
tpommittcc on_Foreign-Affalrs, Minority Staff
B36-0 Rayburn House Office Building
WAghingfnn n r 70515
Dan:
5 July 1988
asked me to send you
these two documents which you requested.
Attachrrents
OBSOLETE
FORM , 533
PREVIOUS
2-86 I matoNs
(40)
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STAT
STAT
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I. INTRODUCTION
A. The Policy Context
In discharging his constitutional responsibilily for the conduct
oftf-o-re-i-g-n-rel-a-t-i-tins and for ensuring theC-,&ecurity of the United
Stati7i7-tlii7ITiladent may find it necessary that activities
conducted in support of national foreign policy objectives abroad
be planned and executed so that the role of the United States
Government is not apparent or acknowledged publicly. Such
activities, the failure or exposure of which may entail high
costs, must be conducted only after the President reaches an
informed judgment regarding their utility in particular circum-
stances. To the extent possible, they should be conducted only
when we are confident that, if they are revealed, the American
public would find them sensible.
This Directive.., sets forth revised procedures for presidential
approval and review, through the National Security Council (NSC)
process, of all 'special activities" as defined by section 3.4(h)
of Executive Order No. 12333 (December 4, 1981).
These-procedures are designed, inter alia, (1) to ensure that all
special activities conducted by, or at thedirection of, the
United states are consistent with national defense and foreign
policies and applicable law; (2) to provide standards ensuring
the secrecy of such activities even when the results become
publicly known or the activities themselves are the subject of
unauthorized disclosure; and (3) to .implement section 501 of the
National Security Act of 1947, as amended (SO U.S.C. 413),
concerning notification to Congress of such activities.
B. The Role of the Assistant to the President for National
Security Affairs and the National Security Council Staff
Withinr.the-tramewark and in accordance with the requirements set
forth i;n7zrNSDD_244-,,tthe Assistant to the President for National
Security-Kffairs (the 'National Security Advisor') shall serve as
manager of the NSC process and as principal advisor on the
President's staff with respect to all national security affairs,
including special activities. The NSC staff, through the Execu-
tive Secretary of the NSC, shall assist the National Security
Advisor in discharging these responsibilities. The National
Security Advisor and the NSC staff themselves shall not undertake
the conduct of special activities.
*Ey Deckaadfieellaeleased oft
ander provitiont of E.O. 12356
by D. Sao, Notional Security :ocric"
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II. APPROVAL AND /VIM OF SPECIAL ACTIVITI.L.
A. Presidential Findings and Memoranda of Notification
1111.
1. Presidential Findings
In all cases, special activities of the Central Intelligence
Agency (CIA) in foreign countries require, under the terms of
section 662 of the Foreign Assistance Act of 1961, as amended
(22 U.S.C. 2422), Findings by the President that such activities
are important to the national security of the United States.
Presidential Findings shall be obtained with respect to all CIA
activities abroad, other than those activities that are intended
solely for obtaining necessary intelligence within the meaning of
section 662 of the Foreign Assistance Act of 1961, as amended.
No special activity may be conducted except under the authority
of, and subsequent to, a Finding by the President that such
activity is important to the national security of the United
States. In all but the rarest of circumstances, no special
activity may be undertaken prior to the President's having signed
a written Finding. In cases in which the President determines
that time is of the essence and that the national security
requires that a special activity be undertaken before a written
Finding can be presented for signature, and that oral authoriza-
tion therefore is required, ...a contemporaneous record of the
President's authorization shall be made in writing, and.., a
corresponding Finding shall be submitted for signature by the
President as soon as possible, but in no event more than two
working days thereafter. No Finding may retroactively authorize
or sanction a special activity.
2. Memoranda of Notification
In the event of any proposal to change substantially the means of
implementation of, or the level of resources, assets, or activity
under, a Finding; or in the event of any significant change in
the operational conditions, country or countries significantly
engaged, or risks associated with a special activity, a written
Memorandum of Notification (MON) shall be submitted to the
President for his approval. Al]. actions to be authorized by
means of an MON must be important to U.S. national security as
set forth in a previously-approved Finding. An MON also shall be
submitted to the President for his approval in order to modify a
Finding in light of changed circumstances or passage of time; or
to cancel a Finding because the special activity authorized has
been completed or for any other reason.
The procedures for approval by the President of an MON shall be
the same as those established by this Directive for approval of a
Finding.
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3. Con ,nts and Accompanying Decants
Each Finding and MON submitted-to the President for approval
shall be accampanied by or include a statement setting forth,
inter ilia, the following:
(a) the policy objectives the special activity is
intended to serve and the goals to be achieved thereby;
(b) the actions authorized, resources required, and
Executive departments, agencies, and entities authorized to fund
or otherwise participate significantly in the conduct of such
special activity;
(c) consistent with the protection of intelligence
sources and methods, whether it is anticipated that private
individuals or organizations will be instrumental in the conduct
cf the special activity;
(d) consistent with the protection of intelligence
sources and methods, whether it is anticipated that a foreign
government or element thereof' will participate significantly in
the special activity; and
(e) an assessment of the risks associated with the
activity.
B. NSC Review of Proposals for Special Activities
Prior to its submission to the President, each proposed Finding
and MON shall be reviewed within the NSC process as provided
below. The results of such review shall be submitted to the
President prior to his determination with regard to each proposed
Finding or MON.
1. The National Security Planning Group
Each proposed Finding and MON shall be reviewed by the National
Security Planning Group (NSPG), a committee of the NSC... The
National Security Advisor shall be responsible for the agenda and
conduct of such meetings, at the President's direction. Unless
exceptional circumstances dictate otherwise, the National
Security Advisor shall circulate the agenda for, and papers to be
considered at, NSPG meetings four (4) days in advance thereof.
NSPG members shall review each proposed Finding and MON; their
comments, recommendations, and dissents, if any, shall be
Icrovided to the President orally, or in writing through the
National Security Advisor. The National Security Advisor shall
transmit all proposed Findings and MONs to the President through
the Chief of Staff to the President. Each proposed Finding and
ON shall be coordinated, in advance of its submission to the
President, by the NSC Legal Advisor with the Counsel to the
President. Under normal circumstances, the NSPG will meet to
review each Finding or MON prior to presidential approval.
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wne rresteent as however, approve a Pinata or NOM on the basis
of the NSPG members' comments communicated other than in ? formal
KM meeting. The National Security Advisor shall ensure that an
appropriate word is made of the President's consultations with
NSPG members however conducted, and that the President's decision
is committed-to writing. The National Security Advisor shall
notify all NSPG members in writing of the President's decision
with regard to each proposed Finding and MON...
C. Periodic NSC leview of Special Activities
Not less often than once each calendar year, the NSPG shall
review each special activity, and recommend to the President
those Findings to be reaffirmed, revised, or terminated. Unless,
within thirty (30) days following the conclusion of such review,
the President approves in writing the continuation of a Finding,
or otherwise directs, such Finding and associated Mais, if any,
together with the authority to undertake special activities
thereunder, shall be deemed cancelled upon appropriate notice to
the DCI or head of such other Executive department, agency, or
entity authorized to conduct the special activity. The National
Security Advisor shall provide a written report of the results of
this review to NSPG members. The Director of the Office of
Management and Budget shall ensure that the President's budget
provides resources consistent with all Findings for the
congressional budget request.
D. Executive Secretary of the NSC
The Executive Secretary of the NSC and the NSC staff shall assist
the National Security Advisor and Deputy National Security
Advisor with appropriate preparations for, and follow-up to,
all.., meetings relating to special activities. Such assistance
shall include preparation of meeting minutes and the development
and dissemination of decision and other documents. The Executive
Secretary of the NSC shall have custody of record copies of
Findings and MONs as approved by the President. The DCI, other
members of the NSPG and the head of such other Executive
department, agency or entity the President may direct to
undertake a special activity, shall be provided with a copy of
each Finding and MON as signed by the President, together with
the National Security Advisor's memorandum recording the
President's decision.
E. Conduct of Special Activities
Absent a specific presidential decision, as provided in section
1.8(e) of Executive Order 12333, that another Executive
department, agency or entity is more likely to achieve a
particular objective, no department, agency or entity other than
the CIA shall be responsible as lead agency for the conduct of a
special activity. Private individuals and organizations used in
the conduct of special activities shall be subject to observation
and supervision, as appropriate in the interests of proper
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operational se& and control, in accord..re with procedures
established for such purpose by the CIA, or other !Executive
department, agency, or entity.
1111w
F. Restricted Consideration
1. Security
The National Security Advisor shall establish a separate,
specially compartmented control and access system at the Top
Secret classification level for all policy matters concerning
special activities...
G. Congressional Notification
1. The Requirement to Notify Congress
Consistent with section 501 of the National Security Act of 1947,
as amended (50 U.S.C. 413), and unless the President otherwise
directs in writing pursuant to his constitutional authorities and
duties, Congress shall be notified on the President's behalf of
all special activities in accordance with this Directive.
2. Contents of Notification
In all cases, notification to Congress as provided herein shall
include a copy of the Finding or associated MON, if any, as
signed by the President, and the statement described in section
II.A.3 hereof.
3. Prior Notification
Consistent with the expectation of prior notification to
Congress, in all but extraordinary circumstances as specified
herein, the DCI, or head of such other Executive department,
agency, or entity authorized to conduct a special activity, shall
notify Congress, on the President's behalf, through the Select
Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives
(hereinafter collectively referred to as the 'Intelligence
Committees'), prior to initiation of each special activity
authorized by a Finding and associated MON, if any. In
extraordinary circumstances affecting the vital interests of the
United States, the DCI, or head of such other Executive
department, agency, or entity authorized to conduct a special
activity, shall notify Congress, on the President's behalf,
through the Majority and Minority Leaders of the Senate, the
Speaker and Minority Leader of the House of Representatives, and
the Chairman and Vice Chairman of the Senate Select Committee on
Intelligence, and the Chairman and Ranking Minority Member of the
Permanent Select Committee on Intelligence of the House of
Representatives, prior to initiation of a special activity
authorized by a Finding and associated MON, if any.
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If the President:Adeterminss that it is necessary, in order to
meet rare, extraordinary circumstances, to delay notification
until after the initiation of a special activity, the DCI, or
head of such other Executive department, agency, or entity
authorized to COnduct a special activity, shall delay
notification consistent With section 501(b) at the direction of
the President. Unless the President otherwise directs, not later
than two working days after the President signs a Finding or
associated MON, if any, the Intelligence Committees shall be
notified in accordance with established procedures. In all such
cases, notification shall include the reasons for not giving
prior notice to the Intelligence Committees. In the event the
President directs that notification to Congress be delayed beyond
twc working days after presidential authorization of a special
activity as provided herein, the grounds for such delay shall be
memorialized in writing and shall be re-evaluated by the NSPG not
less frequently than every ten (10) days.
III. SPECIAL ACTIVITIES NOT CONDUCTED BY THE CIA
If, as provided in section 1.8(e) of Executive Order No. 12333,
the President directs that an Executive department, agency or
? entity other than the CIA conduct a special activity, the -
provisions of this Directive shall apply to such department,
? agency, or entity. In such cases, the head of such other
Executive department, agency or entity shall fully and currently
inform the DCI of all aspects of the special activity, and
jointly with the DCI shall notify Congress of the special
activity, in accordance with the DCI's role as the President's
principal advisor on intelligence matters as set forth in
NSDD 266.
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