ANALYSIS OF THE INTELLIGENCE COMMUNITY

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February 24, 1976
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Approved For Release 2005/05/23 : CIA-RDP79M00467A003100060004.8 h -//77? 'WASHINGTON February 24, 1976 MEMORANDUM FOR JACK MARSH PHIL BUCHEN GEORGE BUSH/ BILL HYLAND BOB ELLSWORTH FROM: MIKE DUVAL SUBJECT: ANALYSIS OF THE INTELLIGENCE COMMUNITY Attached is an article which will appear in the forthcoming issue of Foreign Policy. While I disagree with some of its conclusions, some of the analysis is well done and I think it's worth reading. 13 l Approved For Release 2005/05/23 : CIA-RDP79M00467AO03100060004-8 J :.,"I E_I-IGlNCL%pproved SL171NG TILE OPPORTUNITY since in a style that reflects its origins. It For Release 2005/05/23: 0Wf??1'7M004674k003a001M0QQ,4-4ociety by Peter Szanton and Graham Allison The revelations of the past two years pro- vide a rare and important o_iportunity: to rethink and restructure the U.S. ''intelli- gence community." There has been no com- parable opportunity since I947-the year the CIA was established-and much needs to be done. But seizing the moment is not without danger: the community is diverse and complex, shrouded by secrecy, and still poorly understood. Recent investigations have not produced a comprehensive and bal- anced assessmer t, nor are they likely to. In at least one respect they may have hindered necessary reforms by creating the red herring of a rogue elephant. The notion that the community's covert operations ran wild. out of the control of responsible elective leader- ship. does not square with the evidence: the fact is that elective leadership in the execu- tive branch acquiesced or insisted on those operations, and that the Congress displayed a decided preference for ignorance. The United States needs effective intelli- gence. It also needs a government that abides by the moral standards essential to a free society. Assuring both is difficult, and sort- ing out what the difficulties are, and what they aren't, is an essential precondition. The evidence now appearing about the U.S. intelligence community is not complete, but it reveals a great deal. It suggests that the community-the CIA in particular-has probably performed its assigned functions more effectively than any other major for- eign affairs bureaucracy in Washington. Yet it shoe: s important failures within that community and dangerous failures outside it. It shows a community organized at the height of the cold war. and operating ever generally: er.ci., .1c, rich, technically master- ful, fascinated with means. and forgetful of ends. It shows data collected by sophisticat- ed methods, and assessed by primitive ones. It shows biased analyses used to support policy, and sound analyses ignored. It shows old questions answered repeatedly, and new problems neglected. It shows agencies urged to illegal acts by their political superiors. It shows willful somnolence in the Congress. Our analysis of that evidence leads to a number of proposals. Chief among them are to: > disassemble CIA and assign its two princi- pal functions to separate organizations: > place the central analytic and estimating responsibilities in a ncw agency, organized and staffed to perform those functions solely and divorced from all clandestine activity: > create greater competition in the analysis of intelligence by expanding the number and improving the quality of analytic starts at- tached to major intelligence consumers: > cut back on both clandestine collection of intelligence and covert action, and make both subject to far clearer rules and tighter control; > assign central many emene of the intelli- gence community, divided as it will continue to be among many departments, to a presi- dential assistant: > face squarely the conflict between legiti- mate needs for intelligence and covert action on the one hand, and constitutional rights and social values on the other. by establish- ing processes of checks and balances for au- thorizing clandestine activity and assuring its accountability. How are those conclusions derived.' What form might such changes take? We start at the beginning. What Do We Want of Intelligence? The principal purp,-~c of foreign intelli- gence is to provide information and analyses useful to decision-makers.. quite secondary 183. 184. Multilar,guoge Typographers AA-65 REVISED REPRO Approved For Release 2005/05/23 : CIA-RDP79M00467AO03100060004-8 purpose is to m.1kAL roved For ~~ease~1005/05/23 interve: n in ev~c s abro, le stew y illumination of policy choices through the detailed und_rstanding of political. econom- ic, and military developments abroad is es- sential to a successful foreign policy. Covert action is useful far less broadly, and is rarely essential. (Indeed, a case can be made for forswearing covert action entirely. We dis- cuss that position below, and, on balance. reject it.) Those goals must be pursued sub- ject to two constraints: that the methods used remain consistent with fundamental rights and social values: and that the costs of these activities be commensurate with their benefits. Achieving these purposes over the past de- cade has been particularly hard, for reasons that will persist. The shifting nature of the foreign policy agenda-the growing impor- tance of economic issues. for example-im- poses requirements for novel kinds of infor- mation and unfamiliar metiiods of analysis. The emergence of new forms of threat- organized terrorism, for example-creates new needs for covert capabilities just as pub- lic attention is being drawn to the risks that clandestine activity can pose to constitu- tional rights and basic values. The erosion of the cold war consensus as to U.S. pur- poses and the means legitimate to advance them leaves vulnerable a community whose objectives, size. and operating methods still largely assume that consensus. The Community . How are we now organized to meet those demands and observe those constraints? The intelligence community is composed of a number of separate agencies. diverse in their histories, lines of command, modes of op- eration, and forms of responsibility. It com- prises more than 100,000 persons and ex- pends some S6 billion annually, counting about S2 billion devoted by the military to "tactical" intelligence. > Central Intelligence Agency. At the cen- ter of the community is the diversified con- Mullilr2nguage Typographers AA-66 jt:~60llA&467#~ '69666426ute in ex- ecutive office of the president. reporting to the National Security Council (NSC), the CIA was intended to provide the president and his principal foreign policy officials with independent, timely, and reliable analyses of important national security issues. The chief argument for creating an agency separate from State. Defense. and the armed services was that the president needed estimates and analyses undistorted by the policy prefer- ences and operational responsibilities that colored the conclusions of both the Depart- ment of State and the services. In addition, the CIA was to perform "services of com- mon concern"; to recommend methods for intelligence coordination: and to perform "such other functions and duties related to intelligence affecting the national security as the NSC may from time to time direct." That final ambiguous clause has been taken -and was probably intended-as author- ity for the agency's covert actions. To perform its assigned tasks. the CIA now deploys roughly 15,000 persons and expends some 5750 million annually. Very roughly half that suns supports an exten- sive network of clandestine agents and oper- ations. Roughly a third is devoted to the interpretation of- data, and the preparation of analyses and estimates. Most of the re- mainder supports a resourceful technical de- sign and engineering arm. Each of the ca- reer intelligence officers to have headed the agency-Dulles. Helms, Colby-has previ- ously directed clandestine operations. In addition to serving as the nation's chief substantive intelligence officer (his briefings provide the customary opening of NSC meet- ings) , the director of the CIA (the DCI) has two distinct obligations. One is to command the CIA. The other is to coordinate the ac- tivities of the entire community. Predictably, DCIs have had far greater success in the first of those roles. \Vith respect to the CIA, their authority is clear: controlling budget, pro- motions, and assignments, they can direct 84-856-F.P. 22 (10; l 2 Ben Bk) MK Approved For Release 2005/05/23 : CIA-RDP79M00467A003100060004-8 the agency. %Virh respect to tt - ~~ u' r com- ) Dc- municy hove c~;r. Alpproueld For F e~eases2005/05/23 : Cfh-f N, 60461f d39'0?d06000 8 Tense ntelli Agency. iDtAl reports to Roughly 85 per cent of the coma unity lies the Joint Chiefs of Staff and the secretary within the Dcfcnse Department. and the sec- of defense. It was established in 1961, prin- retary of defense is a statutory member of the eipally to reduce interservice duplication and body-the NSC-to which the Dr[ reports. disagreement by performing centrally much As a result, the community has never been of the work then conducted separately by effectively, centrally managed. the service intelligence branches. Its success > Natioral Security ,Agency. In terms of in that mission has been limited. Each of the number of people employed-reported- the service intelligence branches is now larger ly more than 20,000 in the United States, than it was in 1961. The DtA collects lit- with others manning some 2.000 overseas tle information, but publishes various in- monitoring stations-the community's larg- telligence digests, performs analyses on a est component is the National Security wide range of subjects, and represents the Agency (NSA). Established by executive Joint Chiefs of Staff in community-wide order in 1952 and lodged in the Defense analyses and estimates. Its performance is Department, the NSA monitors and attempts constrained by two difficulties that it shares to decode or analyze an enormous range of with the service arms. Intelligence assign- foreign communications and other electronic ments have little promotion value in ser- signals. It is also responsible for the security vice careers, and are generally- avoided by of U.S. codes and communications. The promising officers. Intelligence assignments NSA produces enormous masses of raw data. outside one's service. in particular. are viewed > National Reconneiss::nceOr,ice. The larg- as dead ends. est agency in terms of budget is Rhe Na- > Bureau of Int,'lliozrce and Research. The tional Reconnaissance 01-ice (SRO), also State Department's Bureau of Intelligence lodged in Defense. The NRO operates the and Research (INR) is the smallest b'v far numerous "overhead" (principally satellite) of the foreign intelligence agencies, and the reconnaissance programs for the communi- only one which engages in no collection ty. working largely through the U.S. Air activities. But Foreign Service reports from Force. Its products are medium-resolution posts abroad-not considered intelligence in photographs of wide areas and high-resolu- the usual sense-arc probably the largest Lion pictures of selected pclnts: these are and often the most important source of in- useful to economic analysts and essential to formation on foreign political and econom- those concerned with military and arms con- ic developments. I':R provides analyses to trol issues. The NRO is subordinate to the State's principal officials and contributes DCI and a deputy secretary of defense. to the national estimates made jointly by Army, Nauy, and Air Force Intelligence. the intelligence community. Its budget of Each of the armed services maintains its $8 million approximates one one-thousandth own substantial intelligence organization. of the community resources. Like the ser- Their combined staffs total some 50,000, vice intelligence arms, it is not viewed by largely overseas. These are especially con- its department's professionals as a mainline cerned with so-called "tactical intelligence," assignment. the capabilities and disposition of their Other Agencies. The intelligence units counterpart forces in other countries. But of the FBI, the Treasury- Department, and service staffs also participate in the produc- the Energy Research and Development Ad- tion of national intelligence estimates and ministration also participate in the intelli- functions, and maintain their own commu- gence community, contributing on matters nications security arms. within their. jurisdictions. 187. 188. Multilanguage Typographers AA-67 84-856-F.P. 22 (10112 Ben Bk) MK Approved For Release 2005/05/23 : CIA-RDP79M00467AO03100060004-8 Community DirAfypto4@A Forl a ase 2005/05/23 : CIA- iIR79MO0467A00a1Qff06DOQ year, congressional ,,?crsight, lodged in intelli- Central direction of the community falls gence subcommittees of the Armed Services to several committees chaired either by the DCl or the assistant to the president for Na- tional Security affairs. > The U.S. Intelligence Board (turn) , chaired by the DCI and composed of all ma- jor U.S. agencies with intelligence respon- sibilities, works through various committees to establish intelligence requirements and priorities, to produce national intelligence estimates, and to protect intelligence sources and methods. > The Intelligence Resources Committee, chaired by the DCI Advisory and com- posed of major intelligence agencies, pro- vides a forum for coordinating resource al- location throughout the community. The DCI's authority to shift resources within the Defense Department budget, however, has been quite limited. > The Intelligence Committee of the NSC, chaired by the assistant for National Secu- rity Affairs. is intended to provide a forum which major consumers of intelligence can inform collectors and analysts of their interests and requirements. It has met in- frequently and had little impact. > The Forty Committee of the NSC. also chaired by the assistant for National Secu- rity Affairs, approves covert actions and other high-ris'r, operations. It, too, has rare- ly met and in recent years has largely pro- vided pro forma approvals to recommen- dations of its chairman. Outside the community, the Office of Management and Budget plays the key role in reviewing agency budgets. On presiden- tial request, it has also served as a source of critiques of the community and of pro- posals for restructuring. The president's Foreign Intelligence Advisory Board is a panel of distinguished citizens with a broad oversight charter, but it meets infrequently and has tended to focus on the targetting of intelligence and on techniques of collec- tion. It is served by a two-man staff. flullilanguage Typographers ."+A-68 Committees, had been similarly perfunctory. The subcommittee chairmen have to inquire deeply into activities telligence community, chosen not of the in- How Has the Community Performed? No assessment of so diverse and shrouded a community can be complete, or complete- ly balanced. But enough is now known to force a number of conclusions. The capability of the community to col- lect information by technical means is re- markably good-in some respects almost magical. That is of great significance. It provides a hard basis for military-and to a lesser extent for economic and diplomatic -decisions of high importance. The SALT agreements. for e%amnle, could not have been concluded without independent verifi- cation of the Soviet strategic posture. Sim- ilarly, some analytic work specially in the CIA-is of high quality. Yet the com- munity's deficiencies are large. They fall in- to three broad categories. 1. Inadequate analusis. Congressman Pike's assertion that the intelligence agen- cies would fail to warn of another Pearl Harbor is almost certainly wrong, but short- comings in the analyses and formal esti- mates prepared by the community are real. They include bias, irrelevance, and a judg- mental rather than analytic orientation. It is a law of bureaucratic behavior that agencies with operating responsibility pro- duce intelligence, analyses, and advice that supports their own policies or programs. The cause is not dishonesty-indeed, the process may he barely conscious-but the tendency is universal. To counterbalance such tendencies, the CIA was established as a neutral and inde- pendent agency, having no important oper- ational function, no responsibility for pol- icy, and a direct link to the president. And the CIA has, in fact, proved the most in- 84-856-F.P. 22 (10112 Ben Bk) MK Approved For Release 2005/05/23 : CIA-RDP79M00467A003100060004-8 dependent and (AljSF1dvee# Fot` Rel sen2?05/05/23 : CbArfiWt7a9W04r371A9 19 QQQ4; 0 goy- i B h d es. agenc ut t e pro ucts the commu- nity as a whole have been biased by a num- ber of factors. First, "national intelligence estimates'' are a composite of judgments of the CIA, the DIA. the INR. and the service intelligence agencies. Compromises among these perspectives often lead to estimates that reflect an exaggerated, military-oriented view "However accurate its infortuation or prophetic its estimates, the in- telii~crrce cottttnniiity roust cort- fornt to acceptable standards of contl uct." of the threat. Second, agencies whose busi- ness it is to collect information tend to be- lieve that the capacity to collect more will insure important results. As a result. some estimates-as to our ability to monitor So- viet adherence to arms control agreements, for example-tend systematically to high confidence in U.S. capabilities, provided only that certain budget requirements are met. Finally, in the 1960s, the CIA's own clandestine functions evolved into large op- erating programs. In Vietnam and Laos. for example, the CIA provided support and leadership for hill-tribe armies and man- aged the attempt to identify and destroy Vietcong leadership. Responsibility for any such large-scale operation affects judgment about its worth and effect. The DCI was caught between his intelligence divisions' quite pessimistic judgments and his operat- ing arm's optimism not only about its own programs but also about prospects for gen- eral success in the war. A second source of inadequate analysis is simple irrelevance. Consumers of intelli- gence, especially, at high levels, are often too busy and sometimes too secretive to clearly identify the issues on which analysis might be most helpful. Compared to the perfor- mance of other agencies, the CIA's record, again, is relatively good. But like all other erned largely ,,, the lav.'s of inertia. A de- cade of O['EC, terrorism. devaluation, threats to the ozone layer, the opening to China, and wheat deals with the Soviets has dem- onstrated that both threats and opportuni- ties can take novel forms. Making intelli- gence consistently useful requires clear and early communication of revised priorities from levels high enough to force response. Even when appropriate questions are ad- dressed and biases are absent, the quality of analysis and estimates is often low. Though sonic national intelligence estimates series are of high quality, most deliver compromise judgments in an ex cathedra fashion that makes it next to impossible for policy- makers to uncover the analytic basis for the judgments offered, or to educate themselves about the grounds for disagreement. Perfec- tion is not the appropriate standard. Assess- ments of complex situations will often he mistaken: predictions must often he wrong. But a better product would emerge from agencies that trained their analysts with care and rewarded them well: that main- tained close links with sources of knowl- edge outside the government: and that in- vested significantly- in the refinement of an- alytic techniques. 2. Unacceptable means. However accu- rate its information or prrnhetic its esti- mates, the intelligence community must conform to acceptable standards of conduct. It obviously has not done so. Over the last 20 years, virtually all U.S. foreign in- telligence agencies have been involved in the surveillance of persons in the United States having no relation to any foreign power, or in monitoring the mail or tele- phone and telegraph communications of large numbers of U.S. citizens. The CIA plotted-and perhaps effected-the deaths of persons who had been adjudged guilty of nothing, and with whose countries the United States was not at war. The results have been a blurring of the moral standards that should distinguish the behavior of an 191. 192. Multilanguage Typographers AA-69 I 84-856-F.P. 22 (10112 Ben Bk) MK Approved For Release 2005/05/23 : CIA-RDP79M00467AO03100060004-8 oven societies I, and a hcmo:rnagc of con- fidence in agencies previously held in gen- eral respect. The ugliest truth is that these were not the acts of a rogue bureaucracy. They were not unauthorized. They were ditected by the community's political supe- tiors-including presidents. Identifying villains and punishing them may be necessary, but it will not be suffi- cient. The roots of the problem remain. They are basically three. First, neither law hot tradition has established clear rules of behavior; these will have to be specified. Second, monitoring the observance of such rules as exist has been left to interested par- ties-parties doubly insulated, moreover, by secrecy and the "deniability" of most covert behavior. Presidents and cabinet members cannot be permitted to press secret agencies for difficult results without accepting 're- Eponsibility for the measures such results require. Finally, the only effective such activities, the Congress. has Until recently, to avoid implication ing knowledge. checa: on managed, by avoid- 3. Waste. The third problem is less crit- ical. Limiting the costs of the intelligence community and allocating its resources in accordance with an integrated sense of na- tional requirements have been objects of pressure from the White House, and of per- sonal concern to two DCIs over the past five years. That pressure, and the partial suc- cess of two institutional innovations-the Intelligence Community Staff and the Intel- ligence Resources Advisory Committee- halve achieved a substantial cutback in in- telligence personnel (chiefly from the NSA) and a leveling of the budget. Moreover, in an uncertain world, too large an intelligence effort is preferable to one too small. Still, important additional economies re- main to be made. The community is com- posed of many agencies funded through sep- 3tate budgets and pursuing overlap: ping as- signments. It is tempted to large invest- cessing tcchno,.)gics. And it gives little con- sideration to the marginal value of addition- al information. As a result. analytic work (which is cheap) is underfinanced, while collection, which is expensive, is performed prodigally. It seems a reasonable guess that of the $4 billion expended by the commu- nityon "national" intelligence. at least $500 million could be saved without significant loss. The gains would not he merely mon- etary. Large and activist intelligence ser- vices inevitably press against the constraints upon behavior which an open society must impose. The ready availability of funds- some unvouchercd-compounds the prob- lem. Similarly, plentiful resources blur at- tempts to focus on issues of high priority. Tighter budget control would strengthen both the observance of rules of behavior and attention to high priority concerns. What Is to Be Done? The aim of organizational reform 'must be to create institutions, processes, and in- .eentives that together serve a number of par- tially competing objectives: > providing ''eyes and ears" of the high- est capacity to Scquire timely and accurate information about issues of inter_st: > developing a "mind" capable of draw- ing the most penetrating inferences about the likelihood of future developments, and so connected to the eyes and ears as to as- sure timely access to all information: > insuring independence and objectivity in analyses and estimates-the mind must be responsive to the questions of policy-makers, but not to their preferred answers: > assuring the mind's access to the pres- ident and its application to policy: > making the mind accessible and useful to Congress: > guaranteeing regard for constitutional rights and social values: and > providing relative efficiency. 193. 194. Multilonguage Typographers AA-70 84-856-F.P. 22 (10112 Ben Bk) NIK Approved For Release 2005/05/23 : CIA-RDP79M00467AO03100060004-8 ohon society, the setting of precedents that ments in exotic } r increase risks toA. 0MVedlForcRalbalge 2005/05/23 : CIA-FJRot7c9 0046 ~b 1`11c, and d. ra. [ c ectrcn and daproro- Many pr-noted reforms att.?-id to several of these objccti,esAlaprpyAd,Forp~teta,S,1,2005/05/23 ers. Some proposals. for example. would provide an analytic capability so indepen- dent from the executive that its access to the president or the relevance of its conclu- sions to top policy-makers would suffer. Here we propose, for discussion and debate, a package of substantial reforms. Splitting the CIA The need to insure the neutrality and in- dependence of advice to the president was the main reason for creating the CIA. Un- like the services and State, it was to be free of operating responsibilities and a policy role, and hence exempt from the commit- ments and loyalties those responsibilities in evitably create. The central analysts were to share an organization with clandestine operatives, but the advantages of keeping those two functions together seemed sub- stantial: collectors would keep the analysts abreast of what was known: analysts would keep collectors aware of what was needed. Experience has proved otherwise. Dif- ferences in style, temperament, lines of com- mand, and requirements of secrecy have com- partmentalized the two functions, limiting communication between them. While the advantages have proved slight, the disad- vantages have been great. The top position in the CIA has been largely controlled by the clandestine side of the agency, and clandestine work has in- volved substantial programs. The result has been a partial compromise of the agency's freedom from institutional bias. one of the very reasons for its existence. The surest way to avoid such compromise in the fu- ture is to split the CIA, placing the analysts in a separate and autonomous organization. That reason alone might not justify sur- gery so radical. but it does not stand alone. At least four other benefits would flow from the separation of analytic and estimating staffs from clandestine collection and covert operations. First, in the study of many clues- 195. Multilanguage Typographers AA-71 ~7~1'0~~drblit~Mf~6'~f~b4'd in t e eve opn;c; improved analytic meth- ods, the most advanced work goes on not in intelligence agencies, or anywhere in the government, but in the academic commu- nity and in "think tanks." During World War 11 and the early years of the cold war. the intelligence agencies drew heavily on these resources. But as U.S. intelligence be- came increasingly associated with disputed policies and large-scale covert activities, those connections became deeply strained. They need to be restored, and a clear sepa- ration of analysts from operators is prob- ably an essential precondition. Second, such a separation-placing the central analysts in an organization focused wholly on produc- ing studies, assessments. and estimates of the highest quality-would also facilitate the re- cruiting and training of superior analysts, and promotion and reward practices better adapted to retaining them. Third. splitting the CIA, following revelations of clear mis- conduct, would help insure future sensitiv- ity in all U.S. clandestine services to the importance of observing more demanding standards of behavior. Finally, the disap- pearance of the CIA would relieve us of a name and an organization that would other- wise remain a target at home and abroad. A Foreign Assessment Agency The analytic and estimative tasks of the CIA would be assigned to a new entity or- ganized and staffed solely for the purposes of producing good analysis and providing objective estimates. Its title might be the Foreign Assessment Agency (FAA). While this agency would be free to analyze any issue of foreign intelligence its director thought pertinent. its priorities would be set at the NSC level under the direction of a presidential assistant for Intelligence, as de- scribed below. The agency would begin by assuming most of the functions and person- nel of the CIA's Directorate of Intelligence, including key interpreters of photography and other technically derived data, but it 84-856-F.P. 22 (10112 Ben Bk) NIK Approved For Release 2005/05/23 : CIA-RDP79M00467AO03100060004-8 would be sh(-rn of 0 L .A~fr ve For``# 646a'se1OO005/05/23 : CI P7bM004&Th O 400000041r uiring any ccdlcetion its[ it wo -d seek good h working relations With university research centers and think tanks. Indeed, it should develop and sponsor one or more Rand- like institutes specifically devoted to improv- ing analytic and forecasting methods. "lit spite Of the real risks i-tltcrent ill tnaitttainiii covert caltahilitir . the dan=ces of lackirt.t them in the currcttt ti.orltl elivirounlcnt semi larger." The FAA would contain a Board of Na- tional Estimates, staffed by senior analysts, that would preside over the production of estimates on subjects like U.S.-Soviet stra- tegic balance, on which formal goverment- wide consensus is agreed useful. As for sub- jects on which formal agreement is not aD- propriate or not possible. the board would present its own assessments together with the views of any differing agencies and full ex- position of the nature of those differences. The director of the FAA would rank. as the community's senior "producer'' of anal- yses and estimates, inheriting the DCI's cur- rent role as intelligence adviser to the pres- ident. He would have no responsibility for clandestine collection or covert action, and would not attempt to manage or direct the community as a whole. His appoi lent v c subic anon by the {` o Dint Intelligcnce Committee of the Con-0: 1C gress, proposed below. The potential vulnerability of such an agency is that in calling shots just as it saw them it would make few.y friends: and without substantial collection programs of its own, or a supervisory responsibility for the rest of the community, it might simply be ignored. The main defense against this would be the authoritative quality of its analytic and estimative crk, backed by its special capacities for -eting important technical data. That -,se might be re- Multilanguage Typographers AA-72 t e NSC to core .,er FAA vice: s prior to Spec- ified kinds of decisions. It Would be further strengthened by the responsibility of the FAA director to submit requested analyses to the Joint Intelligence Committee of the Congress. Additional Intelligence Analysis Staffs The FAA will not be able to meet all day-to-day needs of senior officials for anal- yses utilizing intelligence data. But there is little reason why it should have to. Respon- sibility for the production of analyses and estimates, now highly centralized, can read- ily be diffused. The collection of many forms of information is complicated and expensive, and therefore important not to duplicate. But the analysis of information shares none of those characteristics. It re- quires relatively few people, little machin- ery, and is useful to duplicate: nothing im- proves the quality of analysis so power- fully as the existence of competing sources of analysis. Small analytic and estimating staffs should therefore be assigned diicctly to all key intelligence consumers who need them. The additional costs of such staffs would be trivial, but their benefits substan- tial. They would give policy-level officials an opportunity to pose the questions whose answers would be most helpful to their own work, and to receive these answers from analysts whose performance they would be able to reward or penalize. The associated danger-that analysts so situated would tend to produce the responses their bosses found most congenial-would be largely offset by the existence of competing staffs elsewhere and by the retention of a well-in- sulated central analytic agency. A Special Services Agency The case can be made that the United States should abolish its clandestine agencies and deny itself a capability for covert ac- tion. This argument focuses on the risks posed by failure or disclosure of covert ac- 84-856-F.P. 22 (10112 Ben Bk) MK Approved For Release 2005/05/23 : CIA-RDP79M00467AO03100060004-8 bons and the dcc!A1ncovederFor6~`I taid1005/05/23 bilitict. It strcr,scs point such a cn- eics have tended to infrintie constitutional rights, and may main en .ige in actions, like assassinations, that affront humane na- tional values. We find these arguments telling, but ul- timately unpersuasive. In spite of the real risks inherent in maintaining covert capa- bilities, the dangers of lacking them in the current world environment seem larger. Consider the growing accessibility of the materials and technology for manufactur- ing crude nuclear weapons. It is frightening enough if one considers only the possible behavior of unstable states and irrational rulers. But that is not the worst prespect: A nuclear device entering the hands of the Red Guerrilla Army or a national liberation splinter group is not grossly improbable. Supplementing the formal systems designed to account for fissionable material should surely become a high priority for the infor- mation-gathering arms of U.S. intelligence. And it would be a tragic peculiarity to for- swear the capacity to act, if clearly neces- sary, on what the intelligence disclosed. So we judge the question "covert action: yes or no?" badly posed. The appropriate questions are: what ?rinds of covert action may be justified, and under what circum- stances: and how can the processes for their approval assure restraint and accountabil- ity? We propose that needs for clandestine collection of intelligence and for limited covert action be met by a much slimmed and substantially- restaffed agency incorpo- rating elements and personnel of the CIA's present Operations. Science. and Support Directorates. A name like ''Special Services" would emphasize the relatively narrow and controlled nature of its mission. The proper placement of such an agency is debatable; in fact, any location has important defects. But since it must be kept sensitive to the foreign policy implications of its actions, and also given some insulation from direct Multilanguage Typographers AA-73 cD 1F~D 719MU046Td~ i03c1c0e0 0Qi4a ling it an indcpendc;.. agency, reporting to the president through the secretary of state, as the Arms Control and Disarmament Aggcn- cy does now. Its director should be held by statute to a limited terra-perhaps six years. It is essential that the process for approv- ing and controlling covert actions and ether high-risk clandestine activities be tightened. The objective here is to make a secret pro-, cess embody effective substitutes for the forced consideration of various viewpoints and the clear assignment of responsibility that more public debate normally assures. There must be clear accountability at all points. The current process clearly fails in this. It involves the submission of proposals to the so-called Forty Committee, a sub- committee of the NSC with narrow mem- bership and-at least recently--extraordi- narily informal procedures. Proposals have typically been carried from department to department, and committee members have been polled by phone. Once approved, ac- tions have rarely been evaluated or reviewed. A number of changes are necessary. The membership of the committee should be ex- panded to include at least one person of public stature with no other active associ- ation with the administration. No covert action or high-risk clandestine collection ac- tivity should be author" ed except hr' writ- ten presidential order given after consider- ation of the action's risks and benefits by all available committee members, and after their signed recommendations have been re- ceived by the president. Besides granting initial approvals, the committee should be required to regularly review the utility and appropriateness of activities still being pur- sued. It should be served in this work by a staff drawn from outside the intelligence agencies. And its actions should be subject to the oversight of the Joint Committee of the Congress, as discussed below. To assure that collection and analysis are targettcd on priority concerns, and that the intelligence community's resources are ef- 84-356-F.P. 22 (10112 Ben Bk) MK Approved For Release 2005/05/23 : CIA-RDP79M00467AO03100060004-8 fcetively dc;;lov cd, the cornniur.it 's central nlana,ticr. Until now, that resnonsihility has been under- taken by the DC[. But a long series of stud- ies has concluded that effective direction of the community has never been achieved, for two reasons. The first and forer-,lost, re- ferred to earlier, is inadequate authority. The great preponderance of the community falls under the jurisdiction of the secretary of defense, and the DCI is subordinate to the NSC, of which the secretary of defense is a statutory The second difficulty is apparent bias. The DCI is viewed in the community as necessarily partial to the in- terests and perspectives of the organization he heads: the CIA. The long attempt to make the DCI re- sponsible for community- vide direction has not only largely failed, but its failure has imposed an important cost. The DCI's devo- tion to the development of a capacity for analysis and estimates of the highest pos- sible quality--the key responsibility of his own agency-has inevitably been diluted. Quite independent of our proposals for the splitting of the CIA, therefore. we believe that continuing to seek the direction of the community from the DCI would be mis- taken. A Presidential Assistant for Intelligence Who then should perform the task? We believe that it can best be performed by a special presidential assistant for intelligence, for the fundamental reason that the pres- ident is the only cf-racial to whom all agen- cies in that disparate community report. i The tasks of establishing consumer prior- ities, assessing producer performance, and developing budgets that allocate resources across the community in accordance with the national importance of the functions be- ing performed can only be effectively carried out by someone who speaks in the pres- ident's name. To help clarify consumer priorities, and to specify the meaning of those priorities Multilanguage Typographers AA-74 Approved: Foretceae 2005/05/23 f'opI Rppg7pq00467tAORAIIOOa0n60Ps9 i nc should expand and activate the NSC's In- telligence Committee, the little-used forum designed to permit high-level consumers of intelligence to regularly make producers aware of current policy concerns and result- ing intelligence priorities. Agriculture. Com- merce, and Energy officials might appropri- ately be added to its membership on at least an ad hoc basis. The assistant should also use the committee as a medium for review of intelligence performance. Beyond eliciting better specifications of intelligence priorities and sharper assessments of intelligence performance, the assistant for intelligence should be responsible for developing and defending a comprehensive community-wide foreign intelligence bud- get. The budget would be based on a clear allocation of responsibilities among the pro- ducing agencies, and would be subjec~ to authorizing action by the Joint Committee of the Congress on Intelligence discussed below. Setting Boundaries to Bch.auior More demanding standards of behavior must be set and enforced. That v.-11! require dealing with the three main sources of past failure: (1) Neither lank- nor tradition has established clear rules of behavior: (2) mon- itoring the obser: a::_e of such rules as exist has been left to interested parties: and (3) the only effective source of oversight. Con- gress, has defaulted on its responsibilities. What rules.' Centuries of reflection by theologians, lawyers, and statesmen have produced widely accepted rules of war. But what are the rules of quasi-war' Is it proper for the CIA to subsidize a foreign newspa- per? To blackmail a foreign leader' To en- courage assassins' Do the circumstances mat- ter, and if so, hey' Is it permissible for the NSA to intercept telephone or cable traf- fic between foreigners and Americans' Be- tween foreigners and American corpora- tions? Is it avoidable' Amtorg, the Soviet trade organization that performs espionage 84-856-F.P. 22 (10112 Ben Bk) MK Approved For Release 2005/05/23 : CIA-RDP79M00467AO03100060004-8 as "ell as eo n'Aop~ vedForcRelseaasL~'JF005/05/23 : CIS-RWW9M004f7d4,QQ 3$QQp6Q084c ,av of ) ork eorpor.stion. Does th. matter.' None of the answers to these questions is clear. but there is no way to hold men or organizations resronsiblc for their behavior unless rules of responsible behavior are made known in advance. If we v: ish intelligence agencies to accomplish difficult results in se- cret and at the same time observe certain standards, then we had better define the standards, understand that we have issued partially conflicting instructions. and pro- vide some method for resolving the conflict. What adding other tn?rceptions and giving them sonic weight. "1 he attorney general should be made responsible. by statute. for determin- ing whether actions with clear potential for violating the rights of U.S. citizens can be authorized. The statutes should specify civil and criminal penalties applicable to viola- tions of their terms. Finally, an indepen- dent inspector general of intelligence should be established. His appointment should be subject to Senate confirmation, and his office should be made responsible for reporting any discovered violation of statute or exec- utive order to both the president and the Congress. Active Congressional Or-,ersiaht The proposed rules and procedures cover- ing clandestine and covert activities would begin to establish checks and balances against abuse of power. But standing alone, they could be short-circuited or ignored. In the end, the only, effective check against exec- utive abuse is the same for intelligence as it is for other policy areas: an informed Congress imposing effective oversight. We have never had such oversight. The span of intelligence responsibilities has now broadened far beyond military concerns, and the costs of con^ressional pas- sivity are clear. It is time for genuine over- sight, and that will require a congressional body specifically concerned with intelligence, capable of viewing the purposes of the com- munity broadly and of assessing its perfor- mance critically. Though it profits little for outsiders to specify the nature of congres- sional reform, such a body should almost surely be a joint committee. on which the leadership as well as the Foreign Relations, Armed Services. Judiciary, and economic policy committees of each house are repre- sented. To keep the body representative, its membership should rotate. It should exer- cise jurisdiction over all intelligence agen- cies and activities. The committee should propose the statu- Congress fine and limit, by statute, the powers of any government agency to intercept messages, to engage in surveillance. or to commit any other acts in possible violation of the civil rights of U.S. citizens. For a wide range of acts undertaken abroad and not directed against U.S. citizens, explicit but probably nonstatutory standards must be developed. These mi ht hest be embodied in executive __DLdzks. They cannot be written in the derail appropriate to a tax code, but they might reasonably be expected to distinguish among types of behavior that involve no violation of law in the country where undertaken (such as the provision of financial support to a friendly journal), cases that may he technical violations of foreign statutes. and actions clearly violating basic norms (such as those intending to injure or statutes and orders establishing kill). The these sub- stantive rules must also set out clear-cut pro- cedures for applying and enforcing them. Enforcing the rules. The design of mech- anisms for enforcing such rules should be based on the principle that clandestine and covert capabilities are too easily abused to be controlled solely by the foreign policy community. Ofiiitials of that community must obviously be part of the decision pro- cesses since the only legitimate purpose of these activities is to advance U.S. foreign policy objectives. But their perspectives are not the only ones relevant. The addition of a nongovernmental member to the Forty 203. 204. Mullilanguage Typographers AA-75 84-856-F.P. 22 (10j12 Ben Bk) MK Approved For Release 2005/05/23 : CIA-RDP79M00467A003100060004-8 ij Approved For.'l elease"ib05/05/23 : CIA-RDP79M00467A00310006000'4-8 tory charters of all major in,..iigence agen George A. Ca, r, Jr.: tics, establish the rules accordin'. to which they will operate, review the internal reg- ulations of each agency, and monitor their observance. It should confirm the appoint- ments of directors of the Foreign Assess- ment and Special Services agencies, and of the inspector general of intelligence. It should be empowered to receive (and staffed to re- view) all requested estimates, analyses, or information except policy advice to the pres- ident, and should be regularly briefed on all major issues of intelligence policy. It might be empowered to require advance notice of any particularly sensitive activity it may designate. And it must bear the as- sociated responsibility of proposing rules of congressional procedure capable of protect- ing the confidentiality of the information it receives. Finally, the joint committee should have responsibility for reviewing and authorizing the comprehensive community-v.wide intelli- gence budget prepared by. the assistant for intelligence. It will require staff fully cleared. This is a formidable list of reforms.' But an effective and controlled U.S. inrelli`,ence capability y: ill require restructuring of at least this scope and approxiniately this na- ture. And the political conditions for such reforms are now present-for the first time since 1947, arid perhaps for the last time in this century. It is important that the oppor- tunity be seized. 'Yet it is for from complete. Mart irrpor:aot end arguable que,tions remarr. LL' thee tie NS,\ and the ,\coonci Recnrr r.s n,e G,--:e h'ould be re- moc'ed from the [ire-se 3,rartr-e-'t: uhc:hcr the DLk should be cboGsl:c.! or sr,::rplu reduce:: in s:7e arid func- tion; uhethcr the area:I Lnt't Forerun inte;l:am:e Ad- visory Board can muJe more uuful ; and -: nether cl'e the current system of clussfymq infor,maucn, con- structed almost en'ire/u on exeruizee orders, should not be made both r,,,-,e l:m:re' ared r,-re enrorceahle bu statute. We be(iece rho arsu'cr to e.:rh of these ques- tions is probably "yes." -l boy are a questruns eh:ch might usefully be explored by the joint committee. Multilanguage Typographers AA-76 eter Szanton and Graham Allison's provocative, thoughtful article is a valu- about the proper role, scope. and structure of American intelligence. Their discussion of the intelligence community-though wrong in some details-effectively, conveys its complexity. And they do a real service in laying to rest that taxonomist's delight, the red herring of a rogue elephant." Being a party at interest. I will not dwell on their net assessment of the community's performance. More than many, they make a serious effort to be fair; but their assessment (to use their words) is neither complete nor completely balanced. The community's anal- yses and formal estimates-few of which Szanton or Allison has ever actually read- arc far better than their assessment suggests. Both need improvement; but shotgun alle- gations of bias, irrelevance, poor intellectual quality, and general inadequacy are rather sweeping charges to make on hearsay or sec- ondhand evidence. Szanton and Allison commendably call attention to the fact that this is an often un- pleasant world in which mindless terrorism and access to nuclear wwearonry are both proliferating. They should have underlined the fact that it is also a world in which meg- aton warheads. could land on American cities minutes after being launched, in which openly declared wars are out of fashion, and in which many nations energetically inter- vene in the internal affairs of others (includ- ing ours). They are also to be commended for proposing that we squarely face the con- flict posed by our open, democratic society's legitimate needs for intelligence and covert action. Unfortunately, in their discussion of "unacceptable means" and "setting bound- aries to behavior," they deflect their gaze from some of this conflict's harsher realities and their perspective thus goes awry. Acquiring intelligence on the capabilities 84-856-F.P. 22 (10112 Ben Bk) MK Approved For Release 2005105/23 : CIA-RDP79M00467AO03100060004-8 Approved For Release 2005/05/23 : CIA-RDP79M00467AO03100060004-8 and intentions of potential ,ger,ssors-espe- eially on their intentions-requires consid- erably more than "technical violations of foreign statutes." The secrets of dictator- ships planning aggression are ruthlessly pro- tected; and even in open societies-including ours -cspion: ge is punishable by death. American intelligence agencies have clear- ly done sonic things that' Were stupid, wrong, even criminal-thins deservedly censured. In their zeal for "identifying vil- lains and punishing them," however, Szan- ton and Allison are careless about the dis- tinction between allegation and proof, and ignore the fact that carelessness about this distinction on the part of many impassioned critics has made its own contribution to the "hemorrhage of confidence in agencies pre- viously held in general res, ect." They are also careless about historical accuracy. Amer- ican intelligence agencies .have set no prece- dents. Even if all the allegations about the CIA were true--and they are net-its acts would have been pallid compared to the precedents set by (and elaborated by the national, institutional, or ideological suc- cessors of) net just Dzerzhinskv, Yagoda, and Bcria, but also Saint Ignatius Lcyo!a, Sir Francis