THE PRESIDENT'S FOREIGN INTELLIGENCE ADVISORY BOARD: AN HISTORICAL AND CONTEMPORARY ANALYSIS (1955-1975)
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Publication Date:
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75-225 F
The President's Foreign Intelligence
Advisory Board: An Historical and
Contemporary Analysis (1955-1975)
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0 UB 250 U.S.A.
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TABLE OF CONTENTS
Foreward ............................... ....... i
Background, Purpose, and Scope ...... ........... ....... ........ 1
President's Foreign Intelligence Advisory Board Organization and
Function ..................... ..........
The Beginnings .......... ................. .................. 2
The Eisenhower Years........... 4
......................
The Kennedy Years .......... .. ........................... 7
The Johnson Years.......... ... ...... 10
. ......................
The Nixon Years...:... _ 12
................................
President Ford and the PFIAB.. ..... 15
......... ................
Conflicting Appraisals of PFIAB .................................... 18
Appendix A
Clark Task Force on Intelligence Activities, 1955 .............. 21
Appendix B
Clark Task Force, Recommendation No. 2, 1955 ................... 23
Appendix C
Hoover Commission, Recommendation (a) and (b), 1955............ 24
Appendix 0
Executive Order 10656, February 8, 1956..... ... 25
Appendix E
Executive Order 10938, May 6, 1961 ............................. 25
Appendix F
Rockefeller Report, Recommendation No. 5, June, 1975 ............ 29
Appendix G
President Ford's Foreign Intelligence Advisory Board, 1975....... 30
Appendix H
The CIA and the Cult of Intelligence, by Marchetti and Marks,
Selected reproductions ........................................... 32
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Background, Purpose and Scope
Two major governmental commissions studying selected
intelligence community in the Federal Government t areas of the
and the 1975 Rockefeller Commission, emphasized he 1955 Hoover Commission
and supporting an advisor` the importance of creating
Y group of prominent citizens to provide oversight
of the Central Intelligence Agency within the Executive Branch- l/
stressed the need to preserve secrecy, but at the same time to? Both reports
undertake
review of the operations of the CIA and other intelligence organs y a small
bipartisan board of distinguished and respected by a small
citizens appointed b
President. Y the
As a direct result of recommendation no. 2 of the Clark
had been established under the Hoover Commission to study U. Task Force, which
agencies, President Eisenhower created the President's Board of intelligence
consultants
on Foreign Intelligence Activities. of
3/ Despite a wealth of unclassified
information on the U.S. Intelligence Community over the
Board of Consultants and its successor past twenty years, the
group, the President's Foreign Intelli-
gence Advisory Board (PFIAB), remain a mystery to most Americans
1/
For further discussion of the recommendations of the Commissions recommendations, see C
Executive Branch of Government: Clark~TasknForceronnInt lligefothefeller
Activities, Part II-, D.C., May, 195: - on Intelligence
the President by the Commission on CIA Activities Within the United
t to
States, Washington, D.C. June 1975: 79-82.
2/ the 3/21 Fed. Reg.859 (February 8, 1956).
Unclassified bibliographies relatin
most books on the subject. g to U.S. intelligence can be found in
blishment. Massachusetts, 19
Esta-
See 71:R274-285; Kirkpatrick, kpatri The ck Lyman, Esta-
U.S. Intelligence Community. New York, 1973-203;-see also, William N. ~~ ~ ~an? B. Jr. The
U.S. intelligence Activities: A Selective Bibliography."
Washington, Congressional Research Service, March 6, 1975.
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of
enhower
ra -
)ence
end
?gani-
)ctober,
h
ry
oved
the President and was not considered by the Commission. The classified
report covered various aspects of the U.S. intelligence communityls
activities including, "overseas counter intelligence operations, carried
out by the military and the CIA. 'as well as details and supporting factual
matter relating to the recommendations." I/
The Clark Task Force submitted nine recommendations to the Hoover
Commission, one of which dealt with the creation by the President of a
"small, permanent, bipartisan commission composed of members of both Houses
of Congress and other public-spirited citizens....."?/ The Hoover Commission
declined 'to incorporate the-Clark-Task Force's recommendation in its final
report. However, the Hoover'Comnission did recommend (a) Presidential
appointment of a citizens committee to report on Government foreign intelligence
activities, and (b) the creation, by the Congress, of a Joint Congressional
Committee on Foreign Intelligence matters.3/
The first recommendation of the Hoover Commission did not carry out
wholly the task force recommendation for a "watchdog" Commission. The Hoover
Commission comment on this was specifically to the point that, "while mixed
Congressional and citizens committees. for temporary service are useful and
helpful to undertake specific problems and toinvestigate and make recommen-
dations, such committees, if permanent, 4/
present difficulties."
1/
U.S. Congress. Senate. Committee on Rules and Administration. Joint
Committee on CIA Report t
2/
ompany S. . es. 2. Washiton, U.S.
Govt. Print. Off., 1956 (84thcCo
ngress, 2ndnSession. Report no. 1570)
For the full text of the Clark Task Force recommendation No. 2, See Appendix
3/ B of this report.
4/
For the full text of the Hoover Recommendations (a) and (b), See Appendix C
of this report.
U.S. Congress. Senate. Committee on Rules and Administration. Joint Committee
on CIA, 1956, p. 13; Also see, Commission on Organization of the Executive
Branch of Government-(Hoover) Commission Report on Intelligence Activities,
Part 1, Washington, D.C., June, 1955: 1-2.
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The Eisenhower Years
As a direct result of the Hoover Commission Report submitted to Congress
on June 29, 1955, President Eisenhower took the initiative to announce the
creation, on January 13, 1956, of a Board of Consultants on Foreign Intelli-
gence Activities. According to the White House press release covering the
Board's selection, the President, in his message to the Board members, commented
as follows:
"While the review by your group would be concerned.with all..
Government foreign intelligence activities, I would expect
particular detailed attention to be concentrated on the work
of the Central Intelligence Agency and of those intelligence
elements of key importance in other departments and agencies.
I am particularly anxious to obtain your views as to the overall
progress that is being made, the quality of training and personnel,
security, progress in research, effectiveness of specific projects
and of the handling of funds, and general competence in carrying
out assigned intelligence tasks.
President Eisenhower appointed eight Board members under the authority
of Executive Order 10656, dated February 6, 1956, from "outside of govern-
ment and on the basis of ability, experience and knowledge in national defense
and security [affairs]." Board members served during their tenure without
compensation. The members of the 1956 Board with their titles as of that
date, are as follows:
1/ White House Press Release, January 13, 1956. p. 3.
2/ Executive Order 10656-Issued by the White House February 6, 1956,-printed
in Federal Register February 8, 1956, effective as of January 13, 1956;
50 U.S.C. 403 (1958 Ed.); 21 Fed. Reg. 859 (1956). For the full text
of Executive Order 10656, see Appendix D of this report.
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:ed
1956;
.ext
Dr. James R. Killian, Jr. (chairman), President, Massachusetts
Institute of Technology;
Adm. Richard L. Conolly, retired, President, Long Island
University;
It. Gen. James H. Doolittle, Commander, U.S. Air Force In the
Far East, in World War II;
Benjamin F. Fairless, Director and member of a finance committee of
the United States Steel Corp.;
Gen. John E. Hull, retired, former Commander, U.S. Air Force in
Far East, President, Manufacturing Chemists Association;
Joseph P. Kennedy, former Ambassador to'Great Britain:
Robert A. Lovett, former Secretary of Defense and Under
Secretary of State;
Edward L. Ryerson, Chairman of Executive Committee, Inland
Steel Corp.
In appointing the first Board, Eisenhower anticipated that it would
provide both Congress and the public with the assurance that the work of the
CIA and other intelligence agencies was being conducted effectively and
efficiently.
Initially, the President's decision was met with general public approval
and specific Congressional disapproval. Senator Bridges of New Hampshire,
chairman of the Senate Republican Policy Committee, declared that in creating
a citizen's advisory board the President was indirectly suggesting that
intelligence matters were too delicate for Congress to handle. Bridges
saw in this strong implications that "outsiders were more to be trusted
2/
than Members of Congress." These sentiments were echoed by other congress-
3/
ional Members. Some comments from the press seemed to indicate that a
permanent Joint Congressional Committee with oversight powers on intelligence
activities, was preferable to a part-time board of private citizens.
1/
2/ White House Press Release, Op. Cit., p. 1.
New York Times, February 22, 1956: C18.
4/
See Senator Mansfield's remarks, New York Times, January 14, 1956: 1,4, or
Congressman Horace Seely-Brown, Jr.'s remarks in the Congressional
4/ Record [daily ed.] v. 102, January 31, 1956: A 987.
See, Washington Star, January 15, 1956: A26.; New York Times, January 26, 1956: 2.
3/
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1/
During the five years of its tenure, President Eisenhower's Board of
Consultants on Foreign Intelligence Activities met a total of nineteen times
(usually in two-day sessions) and had five meetings with the President. The
Board submitted over forty-two major recommendations relating to a wide range
of activities, such as control and coordination of the intelligence community,
especially in the area of covert operations,improved strategic warning systems,
and the management of-the-National Security Agency. According to the present
staff of PFIAB, the effort.to develop and improve U.S. intelligence capabil-
ities had a high priority and was pursued by all the principal agencies involved.
Working in concert with these agencies, PFIAB contributed to the institution
of a number of new developments, such as the establishment of the U.S. Intelli-
gence Board, improved methods of handling sensitive intelligence information,
closer supervision of NSA operations by the Department of Defense, and more
1/
effective coordination and evaluation of covert operations.
Information supplied by PFIAB offices, August 18, 1975.
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nes
The
Inge
Iity,
;tems,
;ent
ii-
ivol ved.
on
elli-
on, .
The Kennedy Years
The Board of Consultants on Foreign Intelligence Activities resigned
1/
on January 7, 1961, in anticipation of the new Kennedy administration.
For four months the Board remained inactive.
One of the major factors which led President Kennedy to reactivate
the Board was the failure of the Bay of?Pigs invasion by anti-Castro Cubans.
2/
Several sources have indicated that the Bay of Pigs fiasco.was directly respon-
sible for the Board's reestablishment.
On May 4, 1961, less than one month after the abortive Bay of Pigs
operation (April 17, 1961) President Kennedy issued Executive Order 10938
3/
establishing the President's Foreign Intelligence Advisory Board (PFIAB).
The wording of the Executive Order was similar to President's Eisenhower's
order outlining the previous Board's responsibilities. Provisions were made,
however, for the payment of compensation to the PFIAB members, in addition to
1/
See, Wise, David and Ross, Thomas B. The Invisible Government. New York
Random House [1964]. p. 187. The resignations were effective January
20, 1961. Washington Star. May-3, 1961. p.1.,
2/
See, For example Ransom, Harry H. The Intelligence Establishment.
Cambridge, Harvard University Press [19703 p. 229; Marchetti, Victor
and John 0. Marks, The CIA and the Cult of Intelligence. New York.
Alfred A. Knopf [1964],p. 35; Washington Evening Star, May 4, 1961,
D. A-4.
3/
Executive Order 10938-Issued by the White House May 4, 1961, printed
in the Federal Register May 6, 1961, effective as of May 4, 1961;
50 U.S.C. 403 (1968 Ed. Supp. v.) (January 7, 1959-January 6, 1964
p. 2847-7848); 21 Fed. Reg. 3951 (1961) For the full text of Executive
Order 10938, see Appendix E of this report.
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expenses arising in connection with the work of the Board.
In his letter to members of the PFIAB, President Kennedy stressed
several very broad areas of possible review: "evaluation of the objectives
and conduct of U.S. foreign intelligence activities and agencies....
performance of those civilian and military intelligence elements of key
importance to the Government... and any modifications which would enhance
l/
the acquisition of intelligence..." Other specific areas of concern were
2/
addressed by members of the PFIAB, but many of these remain classified.
The members of the Kennedy PFIAB and their titles as of their appoint-
ment in 1961 were as follows:
Dr. James R. Killian, Jr., chairman PFIAB, chairman, Corp. of M.I.T.
Dr. William 0.*Baker, Vice President, Research, Bell Telephone
Laboratories
Lieutenant General James H. Doolittle, USAF-(ret.) Chairman of.the
Board, Space Technology Laboratories, Incorporated.
Dr. William L. Langer, Professor of History, Harvard University
Robert D. Murphy, President, Corning Glass International
General Maxwell Taylor, USA (ret.), President, Lincoln Center for the
Performing Arts, Incorporated.
Edwin H. Land, President Polaroid Corporation
1/
John Fitzgerald Kennedy. Public Papers of the Presidents of the United
States, 1961. "Letter to Members of the President's Foreign Intelli-
gence Advisory Board." May 4, 1961. No. 168. Washington, Govt. Print..
Off., 1962..p. 352
2/
One such area is discussed in Marchetti and Marks. Discussing how PFIAB
was asked to investigate why the CIA had not discovered the Soviet
offensive missiles in Cuba sooner, the authors report that PFIAB found
"two accurate agent accounts of the Soviet buildup buried among the
thousands of irrelevant reports which had piled up at the agency in
the months before the crisis. With perfect-hindsight the PFIAB de-
clared that the CIA should have recognized the truth of these reports
and rejected all the others. Similarly, in 1968 President Johnson
had the Board investigate why the CIA had not determined the pre-
cise timing of the Soviet invasion of Czechoslovakia in advance."
Marchetti, Victor and John D. Marks, op. cit. p. 335.
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Dr. Killian had served as Chairman of the Board from early 1956 until
1958, and both Dr. Baker and General Doolittle had also served on the Board
during the Eisenhower years. On May 15, 1961, two additional members were
appointed to the Board. They were: Gordon Gray, who had been Army Secretary
in the Truman administration and Special Assistant to President Eisenhower
for National Security Affairs, and Clark Clifford, special counsel to Presi-
1/
dent Truman and an advisor to President Kennedy.
Between May and November 1961 the PFIAB held 25 meetings, met with the
2/
President 9 times and forwarded over. 53 recommendations.
Some of the areas the PFIAB staff and Board members investigated and
recommended changes in were related,.to the National Security Agency's opera-
tions, coordination of covert programs, improvement of science and technology
in their application to intelligence gathering, consolidation and reorganiza-
tion of various defense related intelligence activities, and development of
3/
various photographic reconnaissance capabilities. In addition, par3-military
4/
programs, under the CIA auspices were reviewed. -
1/ New York Times. May 15, 1961, p. 1. In addition, J. Patrick Coyne, former
FBI and National Security Council official, served as Executive Secretary
of the Board. Washington Evening Star. May 4, 1961, p. A-4. Also see
Senator Hubert H. Humphrey's remarks in the Congressional Record [daily ed.]
v. 107, May 3, 1.961: 6670-71.
2/ Information obtained from PFIAB offices, August 18, 1975.
3/ Marchetti and Marks suggest that the PFIAB's "most notable contribution to
the nation's intelligence effort" was the work of a subcommittee headed
by Polaroid Corporation's Dr. Edwin Land which conceived several new
technological collection programs in the 1950's and 1960's, most notably
the U-2 spy plane. Marchetti, Victor and John D. Marks op. cit.: 335-336.
4/ President Kennedy appointed General Maxwell Taylor as a special one-man
task force to review U.S. para-military planning on April 23, 1961.
General Taylor reported to the President on May 27, 1961. Washington Post.
May 28, 1961, p. A-14.
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Working in concert with other intelligence related agencies, PFIAB
contributed to suggestions which led to the establishment of the direc-
torate of science and technology within the CIA, improvement in reconnais-
sance, capabilities, passage of congressional legislation relating to the
activities of NSA, and revision of the functions of the "54-12 group" to
assure political control and review of all covert and para-military operations.
The Johnson Years
President Johnson continued to keep the PFIAB intact and functioning
after his accession to the Presidency upon President Kennedy's assassination.
President Kennedy's Executive Order 10938, relating to the Board's activities,
was kept intact as was the membership of the Board. President Johnson,
speaking before a January 19, 1968, press conference, declared that "when I
became President ....... I continued him [Clark Clifford] in that capacity,
J
[as Chairman of PFIAB] as I did most of the men serving with President Kennedy. 3/
1/ The 54/12 Group is the nomenclature adopted for an earlier version of
the 40 Committee. The Committee functions have remained the same,
the approval or disapproval of covert operations.
2/ Information obtained from PFIAB Officers, August 18, 1975.
3/ Lyndon B. Johnson. Public Papers of the Presidents of the United
States, 1968-69. "The President's News Conference of January 19,
1968." No. 18 [2]. Washington, Govt. Print. Off., 1970. p. 39-40.
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In letters of October 1965 and May 1968 President Johnson again stated
his desire that PFIAB continue to operate under the provisions of Executive
1/
Order 10938.
Between January 1964 and January 1969 the PFIAB met a total of 29
2/
times. While it had only three meetings with the President during this
period, the members enjoyed a close and continuing contact with President
Johnson's National Security Advisor, Mr. Walt Rostow, and from time to time
.3/
individual members met personally with the President.
The Johnson PFIAB submitted over sixteen composite recommendations,
which included investigations into the areas of satellite reconnaissance systems,
data storage and retrieval operations, and deficiencies in the collection and
analysis of intelligence from Southeast Asia. PFIAB's recommendations
resulted in various changes relating to the activities of the intelligence
4/
community.
1/
James H. Doolittle resigned in August of 1964 and was subsequently
2/
replaced by Admiral John H. Sides, USN (ret.) in August of 1965.
General Maxwell Taylor resigned in July 1961 and returned to the
PFIAB in August of 1965 as Chairman.
Information supplied by PFIAB offices, August 18, 1975.
4/
See, Lyndon B. Johnson, Public Papers of the President of the United States,
1966. "The President's News Conference at the LBJ ranch." No. 320 [2].
Washington, Govt. Print. Off., 1967. p. 703.
Information supplied by PFIAB offices, August 18, 1975.
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The Nixon Years
Shortly after assuming the Office of the Presidency, Richard Nixon
issued a new Executive Order relating to the PFIAB. Executive Order 114601/
was substantially the same as those relating to previous Boards. However,
President Nixon specified various functions for the PFIAB as follows:
(1) advise the President concerning the objectives, conduct,
management and coordination of the various activities comprising
the overall national intelligence effort;
(2) conduct a continuing review and assessment of foreign
intelligence and related activities in which the Central Intell-
gency Agency and other Government departments and agencies are
engaged;
(3) receive, consider and take appropriate action with
respect to matters identified to the Board, by the Central Intelli-
gency Agency and other Government departments and agencies of
the intelligence community, in which the support of the Board will
further the effectiveness of the national intelligence effort; and
(4) report to the President concerning the Board's findings
and appraisals, and make appropriate recommendations for actions
to achieve increased effectiveness of the Government's foreign
intelligence effort in meeting national intelligence needs.
In addition, the Executive Order provided for a "staff headed by an
Executive Secretary (and) such personnel as may be necessary for perfor-
mance of the Board's duties." The Board had, however, operated since its
creation with a small, full-time, staff of secretaries and assistants.?/
1/ Executive Order 11460-Issued by the White House March 20, 1969, Printed
in the Federal Register March 22, 1969, effective as of March 20, 1969;
50 U.S.C. 403 (1964 Ed. Supp. V) January 4, 1965-January 18, 1970, p.
3633-3634); 34 Fed. Reg. 5535 (1969).
2/ 34 Fed. Reg. 5535 (1969).
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President Nixon's initial appointments to the PFIAB were as follows:
General Maxwell D. Taylor, president, Institute for Defense Analysis.
Admiral (Ret.) George W. Anderson, former Chief of Naval Operations
William 0. Baker, vice president, Research, Bell Telephone
Laboratories, Incorporated
Gordon Gray, former Special Assistant to the President
for National Security Affairs
Edwin H. Land, president, Polaroid Corporation
Franklin B. lincoln,.'Jr., Mudge, Rose, Guthrie
Alexander
Franklin D. Murphy, chairman of the Board, Times-Mirror Corporation
Robert D. Murphy, chairman of the [bard, Corning Glass International
Franklin Pace, Jr.,.president, International Executive Service Corps
1/
Nelson A. Rockefeller, Governor of New York
It should be noted that about half of President Nixon's appointees were
formerly associated with the Eisenhower-Kennedy-Johnson Boards.
The membership of the PFIAB changed during the Nixon Presidency. General
Maxwell D. Taylor resigned as Chairman and member of the Board effective
April 30, 1970. Admiral Anderson (Chief of Naval Operations from 1961 to 1963,
and U.S. Ambassador to Portugal, 1963-1966) succeeded to General Taylor's
position as Chairman of the Board effective May 1, 1970.
1/ President Richard M. Nixon. Compilation of Presidential Documents.
"President's Foreign Intelligence Advisory Board: Announcement of
Executive Order [E.O. 11460] Reconstituting the Board." March 20, 1969.
p. 441.
2/ Weekly Compilation of Presidential Documents. "President's Foreign Intelligence
Advisory Board." Washington, D.C., May 2, 1970. p. 588.
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CRS-14
On November 30, 1970, President Nixon announced the appointment of former
Texas Governor John Connally to serve as a member of the Board, effective
December 1, 1970. Governor Conna-ly served on the PFIAB until February 11, 1971,
when he assumed the position of Secretary of the Treasury. After his
resignation as Secretary of the Treasury on June 12, 1972, President Nixon
1
reappointed Connally who served on the PFIAB until January, 1975.
Additional appointments were announced by President Nixon on two occasions.
On June 28, 1973, four members were added to replace four who had dropped off.
The new members were: John S. Foster, Jr., Clare Boothe Luce, Leo Cherne, and
Robert W. Galvin Wheaton Byers, the Executive Secretary of PFIAB, was also
appointed at that time. The second announcement related to former Secretary
0 3
of the Treasury George P. Shultz's appointment on June 5, 1974.
The Nixon PFIAB met a total of 35 times between April 1969-and August 1974.
It met eight times with the President and submitted over 70 recommendations
relating to the organization and management of the intelligence community.
Specific recommendations and the results of the recommendations are classified.
J
1/ See Weekly compilation of Presidential Documents. "President's Foreign Intelli-
gence Advisory Board." Washington, D.C. December 5, 1970: 1616-1617;
Department of State Bulletin. Vol. 64. January 18, 1971, p. 84;
Department of State Bulletin. Vol. 67. August 21, 1972. p. 211;
Weekly Compilation'of Presidential Documents," President's Foreign
Intelligence Adivsory Board." Washington, D.C. August 7, 1972, p. 1200.
2/ Department of State Bulletin. Vol. 69. September 3, 1973. See Appendix for
biographies of the new appointees.
3/ Weekly Compilation of Presidential Documents. "Digest of Other White House
Announcements." Washington, D.C. June 10, 1974. p. 586.
4/ Information supplied by PFIAB offices, August 18, 1975. One unclassified
source indicating an area of PFIAB-investigation was revealed by President
Nixon in discussing the ABM problem. "I have directed the President's
Foreign Intelligence Advisory Board...to make a yearly assessment of the
threat [Soviet and Chinese] which will supplement our regular intelligence
assessment." White House Press statement of the President, "The Anti-
Ballistic Missile Problem", March 14, 1969, p. 3.
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971,
ntelli-
17;
for
;ident
s
the
gence
1/
President Ford and the PFIAB
President Ford has continued the operations of the PFIAB under Executive
Order 11460. The present membership of the Board can be found in'Appendix G
of this report.
The PFIAB continues to meet on the first Thursday and Friday of every
other month, with ad hoc committee meetings as-required. 'The Board met with
President Ford in December 1974 and August 1975 and-continues to meet with
various Intelligence principals, Cabinet officers, and other officials, as
necessary.
PFIAB's agendas are worked out by the Chairman and the Executive"Secretary
and reflect issues or questions raised by the President, his advisors for
national security affairs, or by individual Board members.
The staff of the PFIAB is quite small, consisting of only the Executive
Secretary, appointed by the President,and one assistant, currently a U.S.
Navy Commander, and three secretaries. The Board occasionally uses consul-
tants and can draw on elements of the intelligence community for additional
assistance where necessary.
Members of the Board are eligible to receive, but not all accept, a
consultant's fee of one hundred dollars per day, plus per diem and travel
1/
expenses. The annual budget for the Board is approximately $100,000
Information supplied by PFIAB office, August 18, 1975.
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The Board is able to give advice to the President on various.
aspects of U.S. intelligence. According to the PFIAB, the effect of this
advice is to:.
- influence the composition of. the intelligence community.
- improve the development of major intelligence systems.
- define the degree of emphasis that is given to substantive
areas. .
Through meetings with intelligence principals, substantive briefings,
and visits to intelligence installations at home and abroad, the PFIAB. seeks
- identify deficiencies in the collection,
analysis, and reporting of intelligence.
- eliminate unnecessary duplication and functional overlap.
- insure that major programs are responsive to clearly perceived
needs.
- develop up-to-date technological expertise.
- examine allegations of intelligence failures or major
breaches of U.S. intelligence security.l/
1/
Information obtained from PFIAB offices, August 18, 1975.
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2/
As a direct result of press and public charges that the CIA's domestic
activities involved large scale spying on American citizens, keeping dossiers
on large numbers of American citizens, opening personal mail in the United
States, and engaging in illegal operations within the territory of the U.S.,
President Ford issued Executive Order*11828 of January 4, 1975, establishing
1/
a Commission on CIA Activities within the United States. The President
directed the Commission to determine whether any domestic CIA activities
exceeded that Agency's statutory authority and to make appropriate recommen-
dations.-
The Commission began weekly hearings within eight days after its appoint-
ment and submitted a final report to the President on June 6, 1975. The report
focused briefly on the functions of the PFIAB in addition to other aspects of
the U.S. intelligence community. Under a section entitled, "Control by Special
Commissions and Panels," PFIAB functions were reviewed and recommendations
were made to greatly expand the Board's staff and responsibilities. Specifically,
the Commission observed that the-PFIAB;
"does not exert control over the CIA: In fact, the CIA is
the Board's only source of information about CIA activities.
It [PFIAB] has not considered domestic intelligence activities,
except that in the early 1970's it explored the relationship
between the CIA and the FBI in connection with foreign intelli-
gence activities which could sucessfully be accomplished with in.d.
the U.S."2/
The Commission recommended broadening the functions of PFIAB in its
relation with the CIA. This would include assessing compliance by the CIA
1/
See, Report to the President by the Commission on CIA activities within
the U.S., Op. Cit., p. 299. [Executive Order. 11828 can be found on p. 271
of that report.]
Report to the President... on CIA Activities, op. cit., p. 73.
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with its statutory authority, the quality of foreign intelligence estimates
and collection, the organization and managemeAt of the CIA, and making
recommendations where necessary. In addition, the Commission recommend that
the Board's chairman be made "full-time" and roles be expanded to meet this
new responsibility. Audit and investigative authority of CIA expenditures
and activities were also recommended for the PFIAB.
Conflicting Appraisals of PFIAB
A major problem in evaluating the effectiveness of PFIAB is the lack of
adequate data upon which to base a judgment. Over the years various-administra-
tions have looked on the Board as a critical and independent source of advice
for the President on the effectiveness of foreign intelligence agencies. The
Board's members rarely comment on its meetings or recommendations, and little
is reported to the public on the workings of the Board.
Despite this lack of information, conflicting appraisals of the value
of PFIAB have appeared in open sources. Supporters and critics have voiced
their arguments on PFIAB's effectiveness in books and articles on the intelli-
gence community. The following is a brief list of major points made by the
opponents and proponents of PFIAB:
-Members are experienced and respected
citizens.
-Members have respect of the President
and access to his office.
-Members have access to entire intelli-
gence community for information.
-Board not responsible to any agency
of Government aside from the Execu-
tive Office.
-Board is well qualified to deal with
specific problem areas and also with
broad policy matters.
-Board meets irregularly for only one
or two days.
-Intelligence agencies allegedly deter-
mine what information to supply the
Board.
-Members are alleged to have close ties
to the Pentagon and defense contractors
and are therefore not likely to be en-
tirely objective.
-Board considered as a safe, "in-house"
Presidential investigative unit and is
not taken seriously by Intelligence
Community.
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-Board lacks authority, due to its
advisory role.
-Staff is too small to permit effective
work by the Board and does not have the
expertise to make independent evaluations.
-Some members are too busy in their own
careers to pay much attention to Board's
problems.
-Clandestine operations are almost never
considered unless already publicly dis-
closed.
-Board's activities and recommendations
are not open to public inspection..
Several authors in the U.S. intelligence field have been outspoken in
their criticism of PFIAB. Jerrold Walden suggests that "...although PFIAB has
access to all of the information it has required from the various intelligence
agencies... it has not been particularly effective as an overseer of national
1/
intelligence." Marchetti and Marks are also critical of the Board in their
book, The CIA and the Cult-of Intelligence. In summing up their estimation
of PFIAB's value they declare that, "in general, the various members of the
intelligence community look on the board-as more-of a nuisance than a true
2/
control mechanism."
PFIAB has not been without its supporters Lyman Kirkpatrick, Jr., former
Inspector General of CIA and also liaison officer between the CIA and PFIAB from
1956 to 1962, considers that the criticisms of PFIAB,
1/
2/
Walden, Jerrold L. The CIA: A Study in the Arrogation or Administrative
Powers. The George Washington law Review. V. 39. no. 1., October, 1970.
p.91-93.
See Appendix H for a reproduction of pages 334-335 of the Marchetti and Marks
book.
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...are invalid and are based more on prejudice than knowledge.
The argument that the board is simply a mirror of the system
ignores the broad experience of the members. Most board members
are more familiar with the weaknesses than the strengths of the
intelligence system... it was my experience that the President's
Board was one of the severest critics of the intelligence system. 1/
Harry Paul Jeffers writes in a book about the CIA that the Board "serves as
a reminder to the intelligence community that it is, in fact, servant and not
master and that the mai who finally decides this country's intelligence policy
2
is, the President of the United States.".Y
As indicated above, the recommendations contained in the 1975 Rockefeller
Report t-elative to CIA activities within the United States reflect the Commission's
belief that the role of the Board "should be expanded.. .It should be headed by a
full time chairman and should have a full-time staff appropriate to its role."
The Commission's Report lists several specific functional areas in which PFIAB
should have greater responsibility. They are as follows:
1. Assessing compliance by the CIA with its statutory authority.
2. Assessing the-quality of foreign. intelligence collection.
3. Assessing the quality of the foreign intelligence estimates.
4. Assessing the quality of the.organization of.the CIA..
5. Assessing the quality of the management of the CIA.
6. Making recommendations with respect to the above subjects to
the President and the Director of Central Intelligence, and, where
appropriate, the Attorney General.
The Report also recommends that:
b. The Board should have access to all information in the CIA. It
should be authorized to audit and investigate CIA expenditures and
activities on its own-initiative.
c. The Inspector General of the CIA should be authorized to report
directly to the Board, after having notified the Director of Central
Intelligence, in cases he deems appropriate. 3/
1/ Kirkpatrick, Lyman B. Jr. The U.S. Intelligence Community. New York, Hill and
Wang (1973).
2/ Jeffers, Harry Paul, The CIA, A Close Look at the Central Intelligence Agency.
flew York, Lion Press (1970). p. 144.
3/ June, 1975 Rockefeller Commission, Report to the President... pp. 15-16.
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Both the House and Senate Select Intelligence Committees are
their investigations into various aspects of the U.S, continuing
intelligence community.
Final legislative recommendations and reports from the Committees n~ty.
early 1976, The expected Congressional debate on the recommendations are due in
e of the
Select Committees will likely include discussion of the rol
and future
as a potentially important element of executive oversight of t of PFIAB
community, he U.S, intelligence
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? 1/ a.
Clark Task Force on Intelligence Activities, 1955 .`~
Mark Wayne Clark. General, U.S. Army (retired). United States Military.
Academy. President, The Citadel, Charleston, S.C. In Worldzwa::Fiil
commanded Allied ground forces in Italy and effected first large -scale
surrender of a German field command in Europe. June 1945, Commander-in-
Chief of United States Occupation Forces in Austria and U.S. Rig, Commander
for Austria. Deputy to U.S. Secretary of State in London and Moscow with
Council of Foreign Ministers negotiating Austrian treaty. May 1957, .
Commander-in-Chief, Far East Command, serving simultaneously as-Commander-
in-Chief, United Nations Command, Commanding General, United States_Army
Forces, Far East. July 1953, signed Korean armistice agreement, by the
United Nations and North Korea.
Members
Richard Lansing Conolly, Admiral, U.S. Navy (retired). Brooklyn, N.Y. Served
at sea throughout World War I and awarded Navy Cross. In World War II
commanded Destroyer Division Six; served in Office of Chief Naval Operations,
and on staff, Commander-in-Chief, United States Fleet. Pootwar duties
included Deputy Chief of Naval Operations, United States Naval Advisor to
European Advisory Commission, President of Naval War College.
Ernest Frederick Hollings. Lawyer. Charlestown, S.C. The Citadel and University
of South Carolina. During World War II, served in African and European
Theaters with U.S. Army. Former member South Carolina State Legislature.
Lieutenant Governor, State of South Carolina, U.S. Senator, S.C.
Henry Kearns. Manufacturer, inventor, and executive. Orange Oaks Ranch, La Verne,
Calif. University of Utah. Past president, U.S. Junior Chamber of Commerce;
vice president, Chamber of Commerce of the United States; and Director,
Tournament of Roses Association. Chosen as "California's Most Useful
Citizen," 1944. Fellow, American Institute of Management.
Edward Vernon Rickenbacker. Aviator. New York, N.Y. International Correspondence
School. In World War I commanded 94th Aero Pursuit Squadron, personally
credited with 26 air victories. World War II activities included special
missions for Secretary of War to nine foreign countries and areas. United
States and foreign government awards include Congressional Medal of Honor.
Formerly executive with American Airways, Aviation Corporation, and
North American Aviation. Since 1933, with Eastern Air Lines, Inc. as general
manager, president, chairman of the board.
Donald Stuart Russell. Lawyer. Spartanburg, S.C. University of South Carolina
and University of Michigan. Practiced law in Spartanburg. Formerly member
Price Adjustment Board, War Department; Assistant To Director of Economic
Stabilization; Assistant to Director of War Mobilization; Deputy Director,
Office of War Mobilization Reconversion; Assistant Secretary of State.
President University of South Carolina.
IT
Intelligence Activities, A report to Congress.
Commission on Organization of the Executive Branch of Government.
Washington, D.C. June, 1955. pp. vii-viii.
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Appendix A cont.
James George Christiansen. Major General, U.S. Army (retired.) University
of Cal'fornia, United States Military Academy. Former Chief of Staff, Army
Ground Forces, Commanding General, 2nd Armored Division, Ft. Hood, Tex,;
Commanding General, 6th-Armored Division, Ft. Leonard Wood, Mo.; Chief
Engineer, Far East Command; Chief of Military Assistance Advisory Group,
Rome, Italy.
;e
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Appendix B
Clark Task Force Recommendation No. 2, May 1955
"That a small, permanent, bipartisan commission, composed of members of both
Houses of the Congress and other public-spirited citizens commanding the utmost
national respect and confidence, be established by act of Congress to make
periodic surveys of the organizations, functions, policies, and results of the
Government agencies handling foreign intelligence operations; and to report,
under adequate security safeguards, its findings and recommendations to the
Congress, and to the President, annually, and at such other times as may be
necessary or advisable. The proposed "watchdog" commission should be empowered
by law to demand and receive any information it needed for its own use. It
would be patterned after the Commission on Organization of the Executive Branch
of the Government (Hoover Commission). Appointments by the President of persons
from private life to the proposed Commission should be made from a select list
of distinguished individuals of unquestioned loyalty, integrity, and ability,
with records of unselfish service to the nation."
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Appendix c
th
utmost
e
f the
be
wered
It
3ranch
)ersons
list
tty,
Hoover Commission Recommendations, June, 1955
"...(a) That the President appoint a committee of
experienced
private citizens, who shall have the responsibility to
examine and report to him periodically on the work of
Government foreign intelligence activities. This committee
should also give such information to the public as the
President may direct. The committee should function on a
part-time and per diem basis.
(b) That the Congress consider creating a Joint Congressional
Commission on Foreign Intelligence, similar to the Joint
Committee on Atomic Energy. In such case, the two committees,
one Presidential and the other congressional could collaborate
on matters of special importance to the national securit
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Appendix D
Executive Order 10656, February 8, 1956 (21 Fed. Reg. 859)
"By virtue of the authority vested in me as Presidetit-of the United
States, and in order to enhance the security of the United States and the con-
duct of its foreign affairs by furthering the availability of intelligence of
the highest order, it is ordered as follows:
Section 1. There is hereby established the President's Board of Consultants
on Foreign Intelligence Activities hereinafter referred to as the President's
Board. The members of the President's Board shall be appointed by the Presi-
dent, from among persons outside the Government and on the basis of ability,
experience, and knowledge of matters relating to the national defense and
security, and shall serve without compensation, but may receive transportation
and per diem allowances as authorized by law for persons serving without compen-
sation.
Sec. 2. The President's Board shall conduct an objective review of the
foreign intelligence activities of the Government and of the performance of the
functions of the Central Intelligence Agency and shall report its findings to
the President semi-annually or at more frequent intervals as the President's
Board may deem appropriate. Such reports shall embrace the quality of the
foreign intelligence provided to the executive branch of the Government, the
performance by the Central Intelligence Agency of its functions, the performance
of their respective foreign intelligence functions by the principal intelligence
elements of executive departments and other agencies, and any other related
foreign intelligence matter which the President's Board deems appropriate."
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Appendix D cont.
e
f the
to
he
rmance
igence
'Sec. 3 The members of the President's Board, individually and sitting
as the President's Board, shall consult from time to time with the Director
of Central Intelligence concerning the activities of the Central Intelligence
Agency and with intelligence elements of other departments and agencies. The
Director of Central Intelligence and the intelligence elements concern
authorized to make available to the President is ed are
. went s Board or to its individual
members any information concerning foreign intelligence activities relating
to the national interest which the President's Board or its members may require
to fulfill their responsibilities to the President under this order.
Sec. 4. Each member of the President's Board shall execute an undertaking
not to reveal any classified information obtained by virtue of his service on
the President's Board except to the President or to such persons as the President
may designate
Sec. 5. The transportation and perdiea allowances referred to in section
of this order, and any other 1
Y expenditures arising in connection with the activities
of the President's Board, shall be paid from the appropriation a ear
the heading "Special Projects" in Title I of the General Government Matters
Appropriation Act, 1956 (Public Law 110, approved June 29, 1955), without regard
to the provisions of section 3681 of the Revised Statutes and Section 9 of the
Act of March 4, 1909, 35 Stat. 1037, (31 U.S.C. 672 and 673).
Sec. 6 This order shall be effective as of January 13, 1956."
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Appendix E
Executive Order 10938, May 6, 1961 (21 Fed. Reg. 3951)
It By virtue of the authority vested in me as President of the United States,
it is ordered as follows:
Sec. 1. There is hereby established the President's Foreign Intelligence
Advisory Board. The function of the Board shall be to advise the President
with respect to the objectives and conduct of the foreign intelligence and
related activities of the United States which are required in the interests
of foreign policy and national defense and security.
Sec. Z. In the performance of its advisory duties, the Board shall conduct
a continuing review and assessment of all functions of the Central Intelligence
Agency, and of other executive departments and agencies having such or similar
responsibilities in the foreign intelligence and related fields, and shall re-
port thereon to the President each six months or more frequently as deemed
appropriate. The Director of Central Intelligence and the heads of other
departments and agencies concerned shall make available to the Board any infor-
mation with respect to foreign intelligence matters which the Board may require
for the purpose of carrying out is responsibilities to the President. The infor-
mation so supplied to the Board shall be afforded requisite security protection
as prescribed by the provisions of applicable laws and regulations.
Sec. 3. Members of the Board shall be appointed from among qualified persons
outside the Government and shall receive such compensation and allowances, conso-
nant with law, as may be prescribed hereafter. Such compensation and allowances
and any other expenses arising in connection with the work of the Board shall
be paid from the appropriation appearing under the heading "Special Projects" in
Title I of the General Government Matters Appropriation Act, 1961, 74 Stat. 473,
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States,
;ence
at
onduct
igence
milar
1 re-
infor-
equire
Sv-
infor-
!ction
)ersons
conso-
,wanes
hall
ts" in
. 473,
and, to the extent permitted by law, from any corresponding appropriation which
may be made for subsequent years. Such payments shall be made without regard
to the provisions of section 3681 of the Revised Statutes and section 9 of the
act of March 4, 1909, 35 Stat. 1027 (31 U.S.C. 672 and 673).
Sec. 4. Executive Order No. 10656 of February 6, 1956, is hereby revoked."
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Appendix F
Rockefeller Report Recommendation No. S. June, 1975
Recommendation (5)
J, f
" a. The functions of the President's Foreign Intelligence Advisory Board
should be expanded to include oversight of the CIA. This expanded oversight
board should be composed of distinguished citizens with varying backgrounds
and experience. It should be headed by a full-time chairman and should have
a full-time staff appropriate to its role. Its functions related to the CIA
should include:
1. Assessing compliance by the the CIA with its statutory authority.
2. Assessing the quality of foreign intelligence collection.
3. Assessing the quality of foreign intelligence estimates.
4. Assessing the quality of the organization of the CIA.
5. Assessing the quality of the management of the CIA.
6. Making recommendations with respect to the above subjects
to the President and the Director of Central Intelligence,
and, where appropriate, the Attorney General.
b. The Board should have access to all information in the CIA. It
should be authorized to audit and investigate CIA expenditures and activities
on its own initiative.
c. The Innpector General of the CIA should be authorized to report directly
to the Board, after having notified the Director of Central Intelligence, in
cases he deems appropriate."
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Appendix G
President Ford's Foreign Intelligence Advisory Board
1/
Anderson, George W., Jr. -- Appointed by President Nixon on May 1, 1970 to
replace General Maxwell Taylor as PFIAB Chairman; former Chief of
Naval Operations; former U.S. Ambassador to,Portugal; presently
director of several large corporations. Admiral (USN ret.) Chairman
appointed 1 May 70, member appointed 20 March 69.
Baker, William 0. -- Originally appointed to the Board by President Eisen-
hower and reappointed by each succeeding President; currently;
president, Bell Telephone.: Laboratories, Incorporated; member of the
National Academy of Sciences and numerous other governmental and
quasi-governmental boards and commissions. Appointed 24 Dec. 59.
Cherne, Leo -- Noted economist; presently Executive Director of the Re-
search Institute of America, Incorporated; member of the United
States Advisory Commission on International Educational and Cultural
Affairs; member of the Board of Advisors of the Industrial College
of the Armed Forces, and numerous other boards and commissions.
Appointed 28 June 73.
Foster, John. S., Jr. -- Physicist; presently Vice President.for Energy
Research and Development, TRW, Incorporated; former Director of
Defense Research and Engineering, Department of Defense; and former
Director of Lawrence Livermore Laboratory and Associate Director
of Berkeley Laboratory. Appointed 28 June 73.
Galvin, Robert W. -- Chairman and Chief Executive Officer of Motorola,
Incorporated; Director of Harris Trust and Savings Bank; Director
and past President of the Electronic Industries Association; and
former member of the President's Commission on International Trade
and Investment. Appointed 28 June 73.
Gray, Gordon-- Publisher; director of R.J. Reynolds Tobacco Company and
several other large corporations; former Secretary of the Army, Special
Assistant to President Eisenhower for National Security Affairs',
Assistant Secretary of Defense (International Security Affairs),
Director of the Office of Defense Mobilization; former Chancellor and
President of the University of North Carolina. Appointed 16 May 61.
Land, Edwin H. -- Inventor of the Land Polaroid camera; presently Board
Chairman of Polaroid Corporation; member of the National Academy of
Sciences. Appointed 4 May 61.
Luce, Clare Boothe -- Novelist and playwright; former U.S. Ambassador to
Italy, and Congresswoman from Connecticut; presently member of the
White House Preservation Committee; the Academy of Political Science,
the American Institute for Foreign Trade, and numerous other boards
and commissions. Appointed 28 June 73.
1/ Information obtained from PFIAB offices, 18 August 1975.
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Appendix H cont.
These PFIAB post-mortems can be of great value to the
intelligence community in Pinpointing specific weaknesses and
recommending solutions; they could be even more useful in
making clear that certain events simply cannot be predicted
in advance, even by the most efficient intelligence system.
However, the PFIAB had tended to operate with the assumption
that all information is "knowable" and that the intelligence
community's problems would be solved if only more data were
collected by more-advanced systems. This emphasis on quantity
over quality has served to accentuate the management problems
that plague American intelligence and, in recent years at
least, has often been counterproductive.
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