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2d Session ] I ^. ^Z""^^-
GOVERMMENT DOCUMENTS
DEPARTMENT
BOSTON PUBUC
LIBRARY
FOREIGN AND MILITARY
INTELLIGENCE
BOOK I
FINAL REPORT
OF THE
SELECT COMMITTEE
TO STUDY GOVERNMENTAL OPERATIONS
WITH RESPECT TO
INTELLIGENCE ACTIVITIES
UNITED STATES SENATE
TOGETHER WITH
(V)
VI
Page
VIII. COVERT ACTION 141
A. Evolution of Covert Action 143
B. Congressional Oversight 149
C. Findings and Conclusions 152
IX. COUNTERINTELLIGENCE 163
A. Counterintelligence: An Introduction 163
B. Current Issues in Counterintelligence 171
C. Conclusions 177
X. THE DOMESTIC IMPACT OF FOREIGN CLANDESTINE
OPERATIONS: THE CIA AND ACADEMIC INSTITUTIONS,
THE MEDIA, AND RELIGIOUS INSTITUTIONS 179
A. Covert Use of Academic and Voluntary Organizations 181
B. Covert Relationships with the United States Media 191
C. Covert Use of U.S. Religious Groups 201
XL PROPRIETARIES 205
A. Overview 206
B. Structure 207
C. Operation of Proprietaries 234
D. The Disposal of Proprietaries 236
E. Financial Aspects 247
F. Some General Considerations 251
XII. CIA PRODUCTION OF FINISHED INTELLIGENCE 257
A. Evolution of the CIA's Intelligence Directorate 259
B. The Intelligence Directorate Today 265
C. The Relationship Between InteUigence and Policy 266
D. The Limits of Intelligence 268
E. The Personnel System 269
F. Recruitment and Training of Analysts 270
G. The Intelligence Culture and Analytical Bias 270
H. The Nature of the Production Process: Consensus Versus
Competition 271
I. The "Current Events" Syndrome 272
J. Innovation 273
K. Overload on Analysts and Consumers 274
L. Quality Control 276
M. Consumer Guidance and Evaluation 276
N. The Congressional Role 277
XIII. THE CIA's INTERNAL CONTROLS: THE INSPECTOR GEN-
ERAL AND THE OFFICE OF GENERAL COUNSEL 279
A. The General Counsel 280
B. The Office of the Inspector General 289
C. Internal and External Review of the Office of the Inspector
General 303
XIV. THE DEPARTMENT OF STATE 305
A. Origins of the State Department Intelligence Function 305
B. Command and Control 308
C. Support Communications 315
D. Production of Intelligence 315
XV. DEPARTMENT OF DEFENSE 319
A. Objectives and Organization of the Defense Intelligence Com-
munity 320
B. The Defense Intelligence Budget 328
C. Management Problems of the Defense Intelligence Com-
munity 341
D. Agencies and Activities of Special Interest 349
E. Military Counterintelligence and Investigative Agencies 355
F. Chemical and Biological Activities 359
G. Meeting Future Needs in Defense Intelligence 363
VII
(1)
manent and necessary component of our government. The system's
value to the country has been proven and it will be needed for the
foreseeable future. But a major conclusion of this inquiry is that con-
gressional oversight is necessary to assure that in the future our
intelligence community functions effectively, within the framework
of the Constitution.
The Committee is of the view that many of the unlawful actions
taken by officials of the intelligence agencies were rationalized as
their public duty. It was necessary for the Committee to understand
how the pursuit of the public good could have the opposite effect.
As Justice Brandeis observed
Experience should teach us to be most on our guard to protect
liberty when the Government's purposes are benificent. Men
born to freedom are naturally alert to repel invasion of their
liberty by evil-minded rulers. The greatest dangers to liberty
lurk in insidious encroachment by men of zeal, well-meaning
but without understanding.^
^50 U.S.r. 403rd) (3) Appendix B, Senate Select Committee Hearings (here-
:
50 U.S.C. 403(d)(5).
6
The thirty years since the end of World War II have been marked
by continuing experimentation and change in the scope and methods
of the United States Government's activities abroad. From the all-out
World War between the Axis powers and the allies, to the Cold War
and fears of nuclear holocaust between the communist bloc and West-
ern democratic powers, to the period of "wars of liberation" in the
former colonial areas, the world has progressed to an era of negotia-
tions leading to some easing of tensions between the United States
and the Soviet Union. In addition, the People's Republic of China
has emerged as a world power which the United States and other
nations must consider. The recognizable distinctions between declared
war and credible peace have been blurred throughout these years
by a series of regional wars and uprisings in Asia, the Middle East,
Latin America, Europe, and Africa. The competing great powers
have participated directly or indirectly in almost all of these wars.
Of necessity, this country's intelligence agencies have played an
important role in the diplomacy and military activities of the Jnited
States during the last three decades. Intelligence infomiation has
helped shape policy, and intelligence resources nave been used to carry
out those policies.
The fear of war, and its attendant uncertainties and doubts, has
fostered a series of secret practices that have eroded the processes of
open democratic government. Secrecy, even what would be agreed by
reasonable men to be necessary secrecy, has, by a subtle and barely
perceptible accretive process, placed constraints upon the liberties of
the American people.
Shortly after World War II, the United States, based on its war-
time experience, created an intelligence system with the assigned mis-
sion at home and abroad of protecting to protect the national security,
primarily through the gathering and evaluation of intelligence about
individuals, groups, or governments perceived to threaten or poten-
tially threaten the United States. In general, these intelligence func-
tions were performed with distinction. However, both at home and
abroad, the new intelligence system involved more than merely ac-
quiring intelligence and evaluating information the system also un-
;
69-983 O - 76 - 2
10
nificant new facets of the post-war system are the great size, techno-
logical capacity and bureaucratic momentum of the intelligence ap-
paratus, and, more importantly, the public's acceptance of the necessity
for a substantial permanent intelligence system. This capability con-
trasts with the previous sporadic, ad hoc efforts which generally
occurred during wars and national emergencies. The extent and mag-
nitude of secret intelligence activities is alien to the previous American
experience.
Three other developments since Woi'ld War II haA^e contributed to
the power, influence and importance of the intelligence agencies.
First, the executive branch generally and the President in partic-
ular have become paramount within the federal system, primarily
through the retention of powers accrued during the emergency of
World War II. The intelligence agencies are generally responsible
directly to the President and because of their capabilities and because
they have usually operated out of the spotlight, and often in secret,
thev have also contributed to the /growth of executive power.
Second, the direct and indirect impact of federal programs on the
lives of individual citizens has increased tremendously since World
War II.
Third, in the thirty years since World War II, technology has made
unparalleled advances. New technological innovations have markedly
increased the agencies' intelligence collection capabilities, a circum-
stance which has greatly enlarged the potential for abuses of personal
liberties. To illustrate, the SALT negotiations and treaties have been
possible because technological advances make it possible to accuratelv
monitor arms limitations, but the very technology which permits such
precise weapons monitoring also enables the user to intrude on the
private conversations and activities of citizens.
The targets of our intelligence efforts after World War II the —
activities of hostile intelligence services, communists, and groups asso-
—
ciated with them both at home and abroad were determined by
successive acbninistrations. In the 1960's, as the civil rights movement
grew in the countrv, some intelligence agencies directed attention to
civil rights organizations and groups hostile to them, such as the
Ku Klux Klan. From the mid-1960's until the end of the Vietnam war,
intelligence efforts were focused on antiwar groups.
Just as the nature of intelliflrence activitv has chansred as a result of
international and national developments, the public's attitude toward
intellifirence has also altered. During the last eight years, beginning
with Ramparts magazine's exposure of CIA covert relationships with
non-governmental organizations, there has been a series of allegations
in the press and Conoq-ess which have provoked serious questions about
the conduct of intelligence a<rencies at home and abroad. The Water-
gate disclosures raised additional questioTis concerninq: abuse of power
by the executive branch, misuse of intelligence agencies, and the need
to strenjirthen le.ofal restraints aoainst such abuses.
While the evidence in th^ Committee's Report emphasizes the mis-
guided or improper activities of a few individuals in the executive
branch, it is clear that the growth of intelligence abuses reflects a more
general failure of our basic institutions.
—How
•
can decisions made in secret or programs secretly
approved be reviewed?
Two great problems have confronted the Committee in carrying
out its charge to address these issues
The first is how our open democratic society, which has endured
and flourished for 200 years, can be adapted to overcome the threats
to liberty posed by the continuation of secret government activities.
The leaders of the United States must devise ways to meet their respec-
tive intelligence responsibilities, including informed and effective con-
gressional oversight, in a manner which brings secrecy and the power
that secrecy affords within constitutional bounds.
For the executive branch, the specific problem concerns instituting
effective control and accountability systems and improving efficiency.
Many aspects of these two problem areas which have been examined
during the Committee's inquiry of intelligence agencies are addressed
in the recommendations in Chapter XVIII. It is our hope that intelli-
gence oversight committees working with the executive branch will
develop legislation to remedy the problems exposed by our inquiry and
described in this report. The Committee has already recommended
the creation of an oversight committee with the necessary powers to
exercise legislative authority over the intelligence activities of the
United States.
It is clear that the Congress must exert its will and devise procedures
that will enable it to play its full constitutional role in making
policy decisions concerning intelligence activities. Failure to do so
would permit further erosion of constitutional government.
This Committee has endeavored to include in its final public report
enough information to validate its findings and recommendations.
Most of the inquiry and the documentation obtained by the Committee,
particularly that concerning foreign and military intelligence, is of
a highly classified nature. Determining what could and should be re-
vealed has been a major concern.
In a meeting with President Ford at the outset of our inquiry in
February 1975, the Committee agreed not to disclose any classified in-
formation provided by the executive branch without first consult-
ing the appropriate agencies, offices and departments. In the case of
objections, the Committee agreed to carefully consider the Executive's
reasons for maintaining secrecy, but the Committee determined that
final decisions on any disclosure would be up to the Committee.
14
^
Clark Clifford testimony, 12/5/75, Hearings, vol. 7, p. 50.
17
able capacity for cry otologic intelli<Tence (the breaking of codes) and
communicntions intelligence (COMINT') there was also a cadre of
;
Group (CIG). CIG was the direct predecessor of the CIA. It re-
ported to the National Intelligence Authority, a body consisting of
the Secretaries of State, War and Navy and their representatives. CIG
had a brief existence. It never was able to overcome the constraints
and institutional resistances found in the Department of State and
the armed services.
The National Security Act of 1947 ' was passed on July 26, 1947. The
Act included, in large part, the recommendations of a report prepared
for Secretary of the Navy James Forrestal by New York investment
broker Ferdinand Eberstadt. Though largely concerned wnth the crea-
tion of the National Security Council (NSC) and the unification of the
military services within the Department of Defense, the Act also
created a Director of Central Intelligence (DCI) and a Central
Intelligence Agency (CIA). The powers of the DCI and the CIA
were an amalgam of careful limits on the DCI's authority over the
intelligence community and an open-ended mission for the CIA itself.
The power of the DCI over military and diplomatic intelligence was
confined to "coordination." At the same time, however, the Agency
was authorized to carry out unspecified "services of common concern"
and, more importantly, could "carry out such other functions and
duties" as the National Secui-ity Council might direct.
Nowhere in the 1947 Act was the CIA explicitly empowered to col-
lect intelligence or intervene secretly in the affairs of other nations.
But the elastic phrase, "such other functions," was used by successive
presidents to move the Agency into espionage, covert action, para-
military operations, and technical intelligence collection. Often con-
ceived as having granted significant peacetime power's and flexibility
to the CIA and the NSC, the National Security Act actually legislated
that authority to the President.
The 1947 Act provided no explicit charter for military intelligence.
The charter and mission of military intelligence activities was estab-
lished either by executive orders, such as the one creating the National
Security Agency in 1952, or various National Security Council di-
rectives. These National Security Council Intelligence Directives
(NSCID's) w^ere the principal means of establishing the roles and
functions of all the various entities in the intelligence connnunity.
They composed the so-called "secret charter" for the CIA. However,
most of them also permitted "departmental" intelligence activities,
and in this way also provided the executive charter for the intelligence
activities of the State Department and the Pentagon. However, the
intelligence activities of the Department of Defense remained with
the military rather than with the new Defense Dei^artment civilians.
At the end of the war, the Joint Chiefs of Staff decided to continue
—
the inter-Service coordinating mechanism the Joint Intelligence
Committee— which had been created in 1942. With the 1947 Act and
the establishment of the Joint Chiefs of Staff, a working level intelli-
gence operation was created in the Joint Staff, known as the Joint
Intelligence Group, or J-2.
The structure created by the 1947 Act and ensuing NSCID's was
highly decentralized. The task of the CIA and the Director of Central
With the end of the Korean conflict and as the mid-1950s ap-
proached, the intelligence community turned from the desperate con-
cern over imminent war with the U.S.S.R. to the long-term task of
containing and competing with communism. In the "struggle for
men's minds," covert action developed into a large-scale clandestine
psychological and political program aimed at competing with Soviet
propaganda and front organizations in international labor and stu-
dent activities. Specific foreign governments considered antithetical
to the United States and its allies or too receptive to the influence of
the Soviet Union, such as Mosedegh in Iran in 1958 and Arbenz in
Guatemala in 1954, were toppled with the help of the CIA. Anti-
communist parties and groups were given aid and encouragement such
as the Sumatran leaders who, in 1958, sought the overthrow of Presi-
dent Sukarno of Indonesia.
At the same time, the CIA was moving into the field of technical
intelligence and reconnaissance in a major way. The U.S. military
had recognized the value of aerial reconnaissnnce within a few short
years after the Wright brothers' successful flight in 1903 and had
borne major responsibility for reconnaissance against Communist
bloc countries. But it was the CIA in 1959 thnt beo-an work on the U-2.
It proved to be a technical triumnh. The U-2 established that
the Soviet Union was not. as had been feared, about to turn the
tables of the strategic balance. It gained more information about
Soviet military developments tl^an had been acquired in the previous
decade of espionage operations. But there were risks in this oper-
ation. Despite the effort to minimize them with a special system of
high-level NSC review and apnroval, Francis Garv Powers was shot
down in a U-2 over the Soviet Union on the eve of the Paris summit
conference in 1960. President Eisenhower's acceptance of responsi-
bility and Nikita Khrushchev's reaction led to the collapse of the
conference before it be.fjan.
Nonetheless the U-2 proved the A^alue of exotic and advanced tech-
nical means of intelligence collection. It was followed by a transfor-
25
K. The 1970s
**
A
definition of the term "foreign intelligence activity" is necessary in order
to properly assess the constitutional aspects of foreign intelligence activity. For-
eign intelligence activity is now understood to include secret information gather-
ing and covert action. Covert action is defined by the CIA as secret action designed
to influence events abroad, including the use of political means or varying degrees
of force. The political means can range from the employment of propaganda to
large-scale efforts to finance foreign political parties or groups so as to influence
elections or overthrow governments covert action involving the use of force
;
"Ibid., Sec. 3.
' Ibid., Art.
I, Sec. 8.
(31)
32
"As the Supreme Court has declared, "the United States, in their relation
to foreign countries. are invested with the powers which belong to independ-
. .
ent nations " [Chinese Exclusion Case. 130 U.S. 581. 604 (1889).]
"a There are a number of international agreements which the United States
has entered into which prohibit certain forms of intervention in the domestic
affairs of foreign states. The Nations Charter in Article 2(4) obligates all U.N.
members to 'refrain in their international relations from the threat or use of
force against the territorial integrity of any state." The Charter of the Organiza-
tion of American States (OAS) in Article 18 provides:
"No State or group of States has the right to intervene, directly or indirectly
for any reason whatever, in the internal or external affairs of any other State.
The foregoing principle prohibits not only armed force but also any other form
of interference or attempted threat against the personality of the State or against
its political, economic, and cultural elements."
Under the Supremacy Clause of the Constitution (Art. VI, Sec. 2). treaty
obligations of the United States are part of the law of the land. While the
general principles of such treaties have not been spelled out in specific rules of
application, and much depends on the facts of particular cases as well as other
principles of international law (including the right of self-preservation, and
the right to assist states against prior foreign intervention) it is clear that the
norms of international law are relevant in assessing the legal and constitutional
aspects of covert action.
"" .50 U.S.C. 430.
^In Totten v. United States, 92 U.S. 105 (1875). the Supreme Court iipheld the
authority of the Pre.sident to hire, without statutory authority, a secret agent for
intelligence purposes during the Civil War. Authority for wartime covert action
can be implied from the President's powers as Commander-in-Chief to conduct
military operations in a war declared by Congress. Compare, Totten v. United
States.
34
"Compare, Unite<J States v. Bntcnko 494 F.2d 593 (3(1 Cir. 1974) "Decisions
:
affecting the United States' relationship witli other sovereign states are more
likely to advance our national interests if the President is apprised of the inten-
tions, capabilities and possible responses of other countries."
"Henry Wriston, Executive Agents in American Foreign Relations, (1929,
1967).
" Tbid., pp. 693, et. seq.
^*
The first such specially-appointed individual was Governeur Morris, sent by
President Washinst<^n in 1789 as a "private ag:ent" to Britain to explore the
possibilities for openins: normal diplomatic relations. Morris was appointed in
October 1789 because Washington's Secretary of State, .Jefferson, was not yet
functio'iing. The mission was not I'eported to the Cnneress nntii Fehninrv ]79l.
He'iry Wriston. "The Special Envoy," Foreign Affairs, 38 (1960), pp. 219, 220)
""Wriston. Extent ire Agents in American Foreinn Relations, p. 7.39.
"^
Marshall spoke, not as Chief Justice in an opinion of the Supreme Court,
but rather in a statement to the House of Representatives. The House of Reii-
resentatives was engaged in a debate as fo whether a dem-^nd bv the Briti';h
Government for the extradition of one Robbins was a matter for the courts
or for the President, acting unon an extradition treaty. Marshnll argued that
the case Involved "a national demand made upon the nation.'' Sinf^e the Presi-
dent is the "sole organ of the nation in its external relations " Mnrslmll snid.
"of consenuf^noe, the demand en only be made upon him." [10 Annals of Con-
gress 613 (1800), reprinted in 5 Wheat, Appendix, Note 1, at 26 (U.S. 1820).]
35
—
that the characteristics of the Presidency unity, secrecy, decision,
—
dispatch were especially suited to the conduct of diplomacy,^- As a
consequence, historical development saw the President take charge of
the daily conduct of foreign affairs, including the formulation of much
of the nation's for-eign policy. But "sole organ" as to communications
with foreign governments and historical practice did not amount to
"sole disposal" in a constitutional sense over foreign affaire; as Hamil-
ton declared, the Constitution did not grant that degree of power to
the President in foreign affairs.-"* Moreover, Marshall's reference to
the President as "sole organ" did not purport to mean that the Presi-
dent w^as not subject to congressional regulation, should Congress
wish to act. For Marshall, in addition to speaking of the President as
"sole organ," went on to point out that "Congress, unquestionably, may
prescribe the mode" by which such power to act was to be exercised.-*
Congress, with its own constitutional powers in foreign affairs, its
power over the purse, and under the authority contained in the Neces-
sary and Proper Clause, had the option of regulating the practice of
using executive agents on foreign intelligence missions, as well as the
conduct of foreign intelligence activity by other means.-^
2. The Use of Force in Covert Action
Covert action include the use of armed force. In modern times,
may
the President's authorization of the CIA-financed and directed in-
vasion of Cuba at the Bay of Pigs and paramilitary operations in
Laos are examples of this type of covert action.
^^
Nor did Marshall intend to say that "sole organ" meant the power of "sole
disposal." As the eminent constitutional expert Edward S. Corwin wrote,
"Clearly, what Marshall had foremost in mind was simply the President's role
as instrument of communication with other governments." (Edward S. Corwin,
The President's Control of Foreign Relations, p. 216.)
^ The Federalist, No. 75 (A. Hamilton).
'*
Citing Marshall's expression, the Supreme Court has recognized the Presi-
dent as "sole organ" of communication and negotiation in foreign affairs. [United
States V. Curtiss-Wright Export Corp., 299 U.S. 304 (1952).] Although dicta of
.Justice Sutherland in the Curtiss-W right opinion put forward a broad view of
"inherent'' Presidential power in foreign affairs, the case and the holding of
the court involved, as .Justice .Jackson stated in his opinion in the Steel Seizure
case, "not the question of the President's power to act without congressional au-
thority, but the question of his right to act under and in accord with an Act
of Congress." [YonngHoiim Steel d Tube Co. v. Saicyer, 343 U.S. 579, 635-636
( 1952 ) ( consurring opinion ) ]
.
-"In September 19-17, the CIA General Counsel expressed the opinion that activ-
ity such as "black propaganda, ranger and commando raids, behind-the-llnes sabo-
tage, and support of guerrilla warfare" Avould constitute "an unwarranted ex-
tension of the functions authorized" by the 19-^7 Act. (Memorandum from the
CIA General Counsel to Director, 9/25/-17.) And. in 1969. the CIA General Coun-
sel wrote that the 1947 Act provided "rather doubtful statutory authority" for
— —
at least those covert actions such as paramilitary operations which were not
related to intelligence gathering. (Memorandum from CIA General Counsel to
Director, 10/30/69.) Tlie Agency's General Counsel took the position that the
authority for covert action rested on the President's delegation of his own con-
stitutional authority to CIA through various National Security Council Direc-
tives. (Ibid.)
"•
Memorandum, Office of Legislative Counsel, Department of Justice, 1/17/62,
p. 11.
Ihi(J., p. 7. The memorandum stated
"^
:
"Under modern conditions of 'cold war,' the President can properly regard the
conduct of covert activities ... as necessary to the effective and successful con-
duct of foreign relations and the protection of the national security. When the
Ignited States is attacked from without or within, the President may 'meet force
with force" ... In wagering a worldwide contest to strengthen the free nations and
contnin the Communist nations, and thereby to preserve the existence of the
I'nited States, the President should be deemed to have comparable authority to
meet covert activities with covert activities if he deems such action necessary
and consistent with our national objectives."
^'^
Ibid.
37
—
of Pigs illustrates the serious constitutional questions which arise. In
that operation, the President in effect authorized the CIA to secretly
direct and finance the military invasion of a foreign coinitry. This
action approaclied, and may have constituted, an act of war. At the
least, it seriously risked placing the United States in a state of war
vis-d-vis Cuba on the sole authority of the President. Absent the threat
of sudden attack or a grave and immediate threat to the security of
the country, only Congress, under the Constitution, has such authority.
As James Madison declared. Congress' power to declare war includes
the "power of judging the causes of war." ^^ Madison wrote:
Every just view that can be taken of the subject admonishes
the public of the necessity of a rigid adherence to the simple,
the received, and tlie fundamental doctrine of the constitution,
that the power to declare war, including the power of judging
the causes of war, is fullj^ and exclusively vested in the legis-
lature. . .
."31
^2Cranchl70 (1805).
=^2 Cranch 170. 178 (1805).
v. Sau-yct\ 3^3 U.S. 579. 634 (1952) (concurring opinion).
^^
Yottngfitown Co.
United States. 272 U.S. 52, 292 (1926) (dissenting opinion).
^''Mijcrs V.
"50U.S.C.403a-403j.
40
*^22U.S.C. 2422.
" Ibid.