LETTER TO THE HONORABLE ROBERT D. MURPHY, CHAIRMAN COMMISSION ON THE ORGANIZATION OF THE GOVERNMENT FOR THE CONDUCT OF FOREIGN POLICY FROM W. E. COLBY

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP80B01495R000900060015-4
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RIFPUB
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K
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14
Document Creation Date: 
December 20, 2016
Document Release Date: 
February 7, 2007
Sequence Number: 
15
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Publication Date: 
November 7, 1973
Content Type: 
LETTER
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Approved For RBIl~d27/Cf~/D~_GlEB6t~} 006~OE}15 4/~ /~,%~ i - 11 ... - - ----- November 7, 1973 The Honorable Robert D. Murphy, Chairman Commission on the Organization of the Government for the Conduct of Foreign.Pol icy 2025 M Street, N.W. Washington, D.C. 20506 Dear Ambassador Murphy: In response to your letter of October 15 1 have de- veloped the attached statement which provides an overall response to the matters you suggested for coverage in my presentation ,to the Commission in November. I developed this in unclassified form, as I believed it the most useful vehicle to stimulate future questions and thoughts by the Corrirnission members in the actual hearing. I am certainly prepared to go into classified matters during the hearing itself, or in any follow-up studies of more detail which might be needed as you proceed toward your final report. Sincerely, Approved For Release 2007/02/07: CIA-RDP80B01495R000900060015-4 Approved for Release 2007/02/07: CIA-RDP80B01.495R00Q900060015-4 STA`lE'`,1ENT BY V EM DIRECTOR OF CENTRAL 'INTELLIGEN'CE First, let me 'confirm your assumption about what the national intelligence program is. Our intelligence process includes the collection and analysis of information in or- der to produce what we call "finished intelligence." We use overt, covert, technical, human, passive, and active collectors.- The information collected is then "processed"-- that -is; it is `recorded, co-!pared with 'other information; - and subjected to the appropriate techniques' of scientific examination such 'as photographic interpretation, electron? c analysis,' and decrypt? on. This ."processing" of information- is fol lo,'red by what we :call the "production" of `finished". intelligence .-- in the form. of- reports,- .studies,` and 'estimates which ?reflsct the 'highest intellectual evaluation which we can bring to bear upon all 'the bits and pieces 'of , fact and impression at :our disposal. The entire "intelligence.,, process which '1 have 'described relates -to To.r.ei'grr -intelli- gence and counte.eintalligence, although 'a nu nbe.r of steps in the. process -obviously have * to take; place In. the: 'United States. In addition to collection, processing, and produc- tion,,from time 'to time 'CIA also conducts.. o .er activities related to int-lligence `affecting the 'national security, as directed by the 'National Securi =cy Council. The 'current organization of the Intelligence. 'Cor~stuni.ty rbe f 5 Da ` vec r s directive o is reflected in the President 1971. It called for the follo:Ji.ng. That :the Director of Central -intelligence ?'(L7CI) provide '.leadeship to all foreign intelligence activities 'of the United States. Government.. --- That 'the:rre 'be. establi shed a National Security Council Intelligence 'Committed '(NSCIC) . The T purpose of the NSCIC is to give 'direction and, guidance 'on national substantive intelligence . 1 embers are: The Assistant to the President for t':ationu i Security Affairs (Chairman), the Under Secre- tary of State, the Deputy Secretary; of Defense, the Chair,,w-n of the Joint Chiefs of Staff, and the DCT. Approved For Release 2007/02/07: CIA-RDP80BO1495R000900060015-4 rowed For Release 2007/02/07: CIA-RDP80B01495R00090006 0 needs and to provide for the 'continuing evalua- tion of intelligence products from the View- point of th- intelligence consumer- That the Intelligence Resources Advisory' Committee IRAC ba 'io?-nad. x This Committee i s advi sore to the DCI in his management role.. it. helps him develop the annual National Foreign Intelligence Program Budget Recommendations which are sent by the DCI to the President--P,ecommeridations which may concern any of the foreign intelligence. expenditures of the United States' Government_ - That the United States In_telligen:ce Board :(USIB) *x . be'reconstituted to include a representative. of the Secretary of the 'Treasury, and that i t continue to advise and assist the 'DCI in his sub- stantive. 'leadership role with 'respect to the."In- telli.gerice 'Cora-nuni ty _ Not .addressed by that directive but continuing to operate is --the 'so-called Forty Corr ittee: ** This body provides polio guidance on activities -related to intelligence 'affecting the national secu--n-ity, as -directed by the Diational Security Council_- 'lde-mbers are: the DC! (Chairman), and one senior repre-- sentative each from the Department of Defense; the Depart-_ 'ent of State,' the' 'Offi.ce of Management and Budget, and .."'?'1,fembers are: . The DCI (Chairman); the DDCI,-_ the Director . of the Bureau of InteZZige-n_ce and Research, State Department.; the Director of the National Security Agency (NSA).; the Director of the Defense Intelligence Agency (DIA); repre- sentatives of ,the Secretary of the Treasury, the Federal Bureau of Investigation, and the Atomic Energy Commission- an-t- are: The Assistant to the President for National Security Affairs. (Chairman), the Under Secretary of State for Political Affairs, the Deputy Secretary of Defense, the Chair;. an of the Joint Chiefs of Staff, and the DCI_. _2_ Approved For Release 2007/02/07: CIA-R DP80B01495R000900060015-4. Approved-For Release 2007/02/07: CIA-R DP80B01495R000900060 s In his letter to r:e of 15 ?c tcber, Chairman Murphy out ~ lined a number of specific subjects which he wished me to ad- dress in my statement and in follosl-up studies of the Co:?= . s- sion. 1 have generally keyed the following remarks to the numbered sections of that letter. -1 (1) Authority The, (National Security Act of 194-71 certain/additional legislation, and the National Security Council Directives provided for in law are the authorities under which 'thd national -intelligence -program operates.-: The legislation . is -currently being re=evaluated by the Congress, and i t may be 'that some 'modifications Will be 'made.. To the 'e:ktert that any changed further limit the national: intelligence activities in which 'the "DCI is interested to the field of foreign intelligence, and to the 'extent the:t they require the. .reporting of foreign intelligence 'activities on a regular basis to certain members of the Congress I. would welcome therri.. The public should be as free as possible from concern about thd operations of our national foreign intelligence'program. fi The 'Nall canal. Security Council Directives' which I men A - tioned are 'currexitiy. under evaluation to de-Eermine 'C?ihe:t dr an unclassified version can be 'written. This would help to eliminate. any possible rni sunders tanding about 'the existence 'of a "secret charter" for CIA or the Intelligence 'Community. At the: 'same 'time,: some 'classified directives will be 'necessary to specifically 'implement the unclassified guidance of the.' open directives.' . I do not vie-yr :subordination to the NSC as -different from subordination to the 'President. The NSC historically .has played different roles in foreign policy and national .security affairs under different Presiderits.= But no Presi- dent in recent times has been willing to function wi thciut access to good intelligence -- whether by direct contact with 'appropriate "agencies or through 'the I'TSC syster:t. The responsibilities of some of the -agencies of the Intelligence Community to produce both "departmental" Approved For Release 2007/02/07: CtARDP80B01495R000900060015-4 and Apat g1 Relg~ e 2~OP -9 C~Ar RDP80BQ1495ROOQ900060015-4 no z: zn cone _ In fact." they are mutuallyuopor t i ng _ The military services, for instance, have 'i:nts' ligence arms which provide the tactical -intelligence necessary to support the operational for They also contribute informatjo~_ se i ' and analysis to those in the Cor r,:unity who work on "na-ti onal " level problems- A study is now un_de n.ray to de fermi ne ho,.-7 these programs can bat ter support each other for both substantive benefit and possible resource savings. The-DCI's responsibility to "protect intelligence.' sources and methods' from unauthorized di sclosure.1T is basically a responsibility without authority. I do not vie'vr it as giving any authority beyond the "right to call. th.e attention of the appropriate prosed'uti.ng authority to any cases -of. unauthori Zed. disclosure. In this regard I confess great concern at the absence of any effective s tatute+s. -to prevent -or punish.'the unauthorized disclosure " of sensitive -intelligence 'matters. It was only, by civil action based upon his pre-employment secrecy agreement that an ex-employee' was prevented from revealing a number Of=- -delicate. matters in' a book which 'he had written. (LT.:S. X75.' Marchet i., 466 F. 2d 1309, 1316) . This decision , s being tested again. Aside- 'from- this particular weakness -of the statutes, I see no need foV particular noel authority to carry out an effective 'intelligence program. The "services' -of common con- tern" mandate 'in, the 'current la=,7 is adequate; though of course there are 'always' minor negotiations between agencies about the kind and quality.-of service to be performed.. . You have asked whether section 102'(d) (5) of the Na- tional Security Act, which 'provides that the CIA shall per- form such 'othe.r functions and duties related to intelligence- affecting the 'national security as -the 'NSC may from time 'to time -direct,' is -too broad and open-ended. This -is currently being considered in CongressI w.^uld offer that this pro- vision. has been used only when specifically directed by the NSC under Presidential authority, that every President since 1947 has used it, and that the shape of the world today seems to require its use much less' -often than in the more 'critical of the 'cold G; ar years. I do not believe thry t this weapon should be lightly discarded. from our national arsenal. Section 102 (e) of the 1947 Act, which gives the CIA thm " right- to sea the foreign intelligence of all of the depart Tents Approved For Rele 2007/02107: CIA-RDP80B01495R0 0060015-4 and agencies, is a key factor i n molding a group of xn~el li_ C once agencies in a a co ". an ty. j'Ti'ihout `hat right, the could be no single source of intelligence advice which ac- counted for counted for the variety of available facts, and the policy- would be buried in a confusion of unco_related reports arid analyses about major problems and events. (2) Require ntS The principal 'customer of our national intelligence p_o- gram is, of course,' -the President. But his key advisors and officers r_eed also to be infor ad (i.e.", the less? stael t to the President for National Security Affairs, the Secre- taries. 'of State, Defense, ? T r'easury, and so on) Their . re- cuireme 4s are a com ilati on both. of their ex.-pressed needs and of. t.r7 e Intelligence Comumuii ty Y s j udg ien i. about Lr'1a e`'. they rm-g-h-E need There are .a variety of' techniques for refining such re-- q'Tuirer.tents.-. The 'USIB and the DCI have 'established and. con- ti nually revieL,i a formal. -list of relatively constant , ajor requirerents.. Crisis- "requirements are 'generally conveyed ' the toproper action amt of the Coy- un? ty as a result of participation in the. Washington Special Ac'CiOn Group (WSAG) which meets regularly and keeps' me informed of activities Lrhich 'mom g'rzc ber~ it front intelligence support. In non-crisis situations,- re q ui remencs for infor'ation core to the Intelligence :Com-tu-ni-t.,y in a wide..'variety of effec- tive 'but not n'ecess'arily orderly ways. On a daily basis r policy-oriented analysts are in contact,.. with.'intelligence analysts and make their needs knot7n in that C6ntex-ts Through the :requirements staffs -of each 'intelligence 'agency, collec- tion components Can bz :tasked. Formal. request s' for speci f; c facts or analysed also come by letter or telephone .'fro USIB .principals, Cabinet members,' and the NSC/National Security Ad- visor level. . Policyma?cer feedback to. the 'Intelligence Com.- .muni ty on intelligence 'problems belo:?r the 'first level of pr? ority, ? -or in hox -crisis situations; generally does not give a clear enough signal about ho ?r much *called tion, and analytical effort the? Intelligence Community should expend on a specific subject. The Co v-auni iyy tasks -i is elf Life n t~L? S is the case. Approved. For Release 2007/02107: CIA-R DP80B01.495R000900060015-4 Approved For Rele 2007/02/07: CIA-R.DP80B01495R00 0060015-4 (3) '(12) Performance and Resources', Budg . The DCI has no authority to determine the budget a _,I r - po:ier needs of the various- agencies in the Intelligence Cos: munity. Each component goes through an independent" .Z7rog?"Y and budget devel oprt:an t process (in the Case of State and DOD intelligence prog_ a-is there are departir'en t- ide guidances an:;. constraints : hick apply a:oart fro ! intelligence consi der ati0-1s)- Each 'component has an independent revi e:T by the 0MB. ` Each compone?? t redeives 'fro the Congress an appropriation .,;hi ch is under its 'full control.- The program proposed by each cox- pones t to the 'Congress is re.vie:Ted, 'however, by the In.tei? i_ gence -Community (IC) Staff of theme 'DCI.- From IC Staff Sugges- tions,- .IRAC delib`ration_s, and USIB .rec~uirenients, the DC1 f on, t, lates his National Foreign. Intelligence Progra Budget Redo-m endations for the President. The 'major resource problem facing " theCommunity is inflat ion; first in Manpower- costs,, but in all other aspects of our profession as well.- The 'problem can be `stated in this way= a_ assuring level: manpower, level program size, and continued inflation, the' resources for intelligence 'would have to 'i'ncrease' 'bv neariy 25 prceri~ -may 1978 - This -alternative would be unac--_ cep table: to the Congress--- b.. assuming le" el dollars,' ..a level. progra- ,r and inflation .off set -by ma: pocizr reductions; a '40 :pzrczrit 'cizt 'ir_' 'xcario:rer would be required by 19 78 The Community could not take such 'a cut and continue 'to mee its- obligations.- c_ assi ilng level dollars, level manpo:?re ,' - and continued inflation, there would have to be 'a drastic and 'tin' c p t able 'CL7 t in our investnantt in techriical systems for the filture :and in Procurement. The - solution to the 'dil en a posed above lies L. ti`3 hands of the President and the 'Congress ; We can help by Approved For Release 2007/02/07: CIA-RDP80BO1495R00 060015-4 NEW O?tan e 1 S b ead i= o?' COVe _ 9 Sues and by ~ceyzng on t: ?e r.J u~t_dl] c CO~`!i?iotl`` dire `i S and area OSL Z%;-? or?%J C :O he r?jO7_u' cove Cr, go-tZW _S . It, is the job C ~ the D;. DC the 1?'. 14S ~~ as to what cons ci ~ t C~r 21 dollar `as , in d tL;`4a a Su- C? Ci en ~O cf res t S -doom, and r. i....riiiS of ~-'h-e SYst4 -? o Or resources reed. OS r tantlir the dollars r?r; in 4er