STATUTORY AUTHORITY FOR INTELLIGENCE OPERATIONS

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-58-5-5-7
• Release Decision: RIFLIM
• Original Classification: S
• Document Page Count: 11
• Document Creation Date: January 11, 2017
• Document Release Date: January 3, 2011
• Sequence Number: 5
• Publication Date: January 8, 1975
• Content Type: MEMO

No Objection to Declassification in Full 2013/10/24: LOC-HAK-58-5-5-7
11,1'^" ?
NATIONAL SECURITY COUNCIL
GENERAL SCOWCROFT
Richard Ober 43
0120
ACTION/
Jannary 8, 1975
Statutory Authority for Intelligence Operations
his memorandum to you on January 7, 1975 (Tab A), Philip Buchen:
states the President's intention to write to Department and Agency
heads responsible for U.S. intelligence activities related to national
security and foreign policy in order to emphasize that such
activities must be conducted within the scope of their respective
statutory authorities,
identifies the agencies engaged in such intelligence operations as
the following: CIA, DIA, NSA, Army, Navy and Air Force Intelligence
(including the National Reconnaissance Office), INR in the State
Department, the FBI's Division of Internal Security, U.S. Customs
Service under Treasury and AEC (Mr. Buchen notes that it is believed
that any AEC intelligence function would now fall to ERDA rather than
to NRC, although the Energy Reorganization Act of 1974 does not make
this clear),
points out that except for CIA operations under 50 U.S .C. 403 no
specific mention of intelligence operations has been found in enabling
statutes for the other agencies cited,
presumes that other intelligence units are operating under directives
from within the Department involved or from the CIA, and
requests your thoughts on how best to ascertain what documented
control standards are now in effect in order to make the President's
letter meaningful.
?SECRETPCGpS
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111
SECRET
COMMENTS:
Two additional agencies should be queried regarding their intelligence activities
related to national security and to the conduct of foreign policy:
The Drug Enforcement Administration under the Department of Justice
DEA conducts domestic and international investigations of major drug
traffickers concentrating efforts at the elicit supply or diversion of
drugs. Information derived from such activities on where and how
drugs are supplied can affect U.S. foreign policy toward a specific
country. For example, U.S. policy toward Turkey has been somewhat
affected by Turkey's cancellation of the ban on poppy growing.
The Immigration and Naturalization Service under the Department of
Justice
The Service is charged with protecting the national security of the
United States through its enforcement activities, such as the Border
Patrol. The Service is also responsible for the deportation of
illegal aliens which can haVe a bearing on the conduct of U.S. foreign
policy. For example, the problem of Mexican citizens who continue
to illegally enter the United States in great number was treated by
President Ford in his October meeting with his Mexican counterpart.
RECOMMENDATION:
That you sign the memorandum to Mr. Buchen (Tab I) which:
suggests that he contact each agency and department directly for
information on statutory authority governing intelligence activities,
recommends that the Drug Enforcement Administration and the
Immigration and Naturalization Service be included in the list of
agencies involved in intelligence operations related to our national
security and to the conduct of foreign policy,
recommends that queries to the military services be directed to the
Departments of Army, Navy and Air Eorce because each department
includes more than one intelligence componentand advises that such
a change,would avoid a classification problem since the name National
Reconnaissance Office is classified secret, and
? advises that the FBI's Division of Internal Security is now called the
Intelligence Division.
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No Objection to Declassification in Full 2013/10/24: LOC-HAK-58-5-5-7
IIP
PHILIP BUCHEN
BRENT SCOWCROFT
? I suggest that the best way to get complete and accurate information on the
statutory authority governing intelligence activities for each agency and
department hated in your memorandum of January 7, 1975 would be to contact
each one directly.
The list of agencies and departments involved in intelligence operations
related to our national security and to the conduct of foreign policy should
be expanded to include the Drug Enforcement Adminiotration and thc
Immigration and Naturalization Service, both under the Department of
Justice. These two piganizations sometimes engage in intelligence activities
which can affect the. conduct of foreign policy .
I would recommend that queries for information on the military services
be directed to, the Departments of the Army, Navy and Air Force since each
department izicludes more than one intelligence component. By addressing
the departments, the classification problem which arises over the mention
of National Reconnaissance Office, which is classified secret, can be avoided.
In addition, the FBI's Division of Internal Security listed in your memorandum
is now ailed the Intelligence Division.
No Objection to Declassification in Full 2013/10/24: LOC-HAK-58-5-5-7
No Objection to Declassification in Full 2013/10/24: LOC-HAK-58-5-5-7
?
0120 Add on
NATIONAL SECURITY COUNCIL
January 10, 1974
TO: Bud McFarlane
FROM: Richard Ober
Per General Scowcroft's request, attached is a
suggested memorandum for Philip Suchen to
send to departments and agencies for information
on statutory authority for intelligence operations.
No Objection to Declassification in Full 2013/10/24: LOC-HAK-58-5-5-7
No Objection to Declassification in Full 2013/10/24: LOC4K-58-5-5-7
MEMORANDUM
MEMORANDUM FOR:
THE WHITE HOUSE
WASHINGTON
The Department of State
Legal Adviser
The Department of Treasury
Office of the General Counsel
The Department of Justice
Office of Legal Counsel
The Central Intelligence Agency
Office of the General Counsel
The Atomic Energy Commission
Office of the General Counsel
The Department of 'the Army
Office of the General Counsel
The Department of the Navy
Office of the General Counsel
The Department of the Air Force
Office of the General Counsel
The Defense Intelligence Agency
Office of the General Counsel
The National Security Agency
Office of the General Counsel
The President recently stated his intention to ensure that all departments
and agencies responsible for intelligence activities related to national
security and the conduct of foreign policy carry out such activities within
the scope of their respective statutory authorities. As a first step, it is
necessary to review the current statutory authority which governs such
intelligence activities.
To assist in this review, it is requested that you forward a copy of the
specific statute from which your organization or any subordinate organization,
bureau, division, service, etc., takes its authority to conduct intelligence
activities related to national security and the conduct of foreign policy. If
there is no specific statute, provide a concise statement of the departmental
guidelines or policy directives under which such activities are carried out.
No Objection to Declassification in Full 2013/10/24: LOC-HAK-58-5-5-7
No Objection to Declassification in Full 2013/10/24: LOC-HAK-58-5-5-7
?
2
In addition, include a brief interpretive statement on the range and limitations
which the statute or other guidance places on your organization.
In view of the President's interest in this subject, I ask that you comply
with this request as soon as possible.
Philip W. Buchen
Counsel to the President
No Objection to Declassification in Full 2013/10/24: LOC-HAK-58-5-5-7
No Objection to Declassification in Full 2013/10/24: LOC-HAK75-8-5-5-7
"Impr
? THE WHITE HOUSE
WAS
MEMORANDUM FOR: General Scowcroft
Philip Buchenlad' 13
The President in his statement on January 4, 1975, said
in part:
"I am writing to all Department and Agency heads,
who are responsible for the overall intelligence
activities of the United States as related to our
national security and to the conduct of our foreign
policy, for the purpose of emphasizing that they are at
all times to conduct their activities within the scope
of their respective statutory authorities. "
In order to prepare a draft of such communication, I asked my
office to identify and find the statutory authority for Departments
and Agencies engaged in intelligence operations of the type
mentioned. The following units have been identified:
l? Central Intelligence Agency
2. Defense Intelligence Agency
3, National Security Agency
4. Army Intelligence
S. Navy intelligence
6. Air Force Intelligence (including the National
Reconnaissance Office)
Department of State (Bureau of Intelligence and Research)
Federal Bureau of Investigation (Division of Internal
Security)
Treasury Department, U.S. Customs Service
Atomic Energy Commission 1/
/ The AZC was divided into an Energy Research and Development
Administration and a Nuclear Regulatory Commission by the Energy
Reorganization Act of 1974. It is believed that any intelligence
-function of the AEC would logically be given to ERDA, although,
the statute does not make this clear.
No Objection to Declassification in Full 2013/10/24: LOC-HAK-58-5-5-7
No Objection to Declassification in Full 2013/10/24: LOC-HAK-58-5-5-7
Except for the Central Intelligence Agency operations under
50 U.S. C. 403, no specific mention of intelligence operations
has been found in an enabling statute for any of the other units.
NSA was created by a Presidential directive in 1952, and DIA
by DOD directive 5105.21 dated August 1, 1961, but we can
locate no copies of these directives in the White House records.
Presumably the other intelligence units are operating under
other directives, either issued from within the Department
involved or from CIA as coordinator of all intelligence
operations, but we have no compilation of these directives.
? In order to prepare a meaningful communication for the President
to send, I would like your thoughts on how best to learn, in an
orderly and expeditious way, what documented standards are now
in effect which are supposed to be controlling on each unit to be
addressed. We may, of course, learn that in some cases the
documented standards are so vague as to be of no consequence.
No Objection to Declassification in Full 2013/10/24: LOC-HAK-58-5-5-7
NO-51-D-je-ction to Declassification in Full 2013/10/24: LOC-HAK-58-5-5-7
IIP
1*IEIVIOKANDUM
MEMOR.ANDUM FOR:
THE WHITE HOUSE
WASIIINGTOR4
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The Deparlmerct-of Treasury"
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No Objection to Declassification in Full 2013/10/24: Lne._pnv go
No Objection to Declassification in Full 2013/10/24: LOC-HAK-58-5-5-7
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No Objection to Declassification in Full 2013/10/24: LOC-HAK-58-5-5-7
No Objection to Declassification in Full 2013/10/24: LOC-HAK-58-5-5-7
MEIVIORAZIMUM 11, IP
NATIONAL SECURITY COUNCIL
? The Secretary of Treasury
The Secretary of Defense
The Attorney General?
The Deputy Secretary of State
The Director Central Intelligence Agency
? The Chairman Atomic Energy Commission
?The President wishes to ensure that all departments and agencies
? responsible for intelligence activities related to national security
? and the conduct of foreign policy carry out such activities within
the scope of their respective statutory authorities. As a first step,
it is necessary to review the current statutory authorities governing
such intelligence activities. ?wk
?
To assist in this review, you are requested to forward a copy obeli-- ?
authoritr-under which your organization or any subordinate bureau,
division, service, etc., operates in e 1,4 intelligence activities
related in any way to national security or the conduct of foreign policy.
tion, include a brief dekription bf the manner in
?uthorities are interpreted in the sense of providing
such activities.
You are requested to submit this material as quickly as possible and
any event not later than January 25, 1975.
Henry A. Kissinger
No Objection to Declassification in Full 2013/10/24: LOC-HAK-58-5-5-7