LETTER TO THE HONORABLE EDWARD H. LEVI FROM VERNON A. WALTERS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M01133A000900130004-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 16, 2016
• Document Release Date: September 10, 2004
• Sequence Number: 4
• Publication Date: August 30, 1975
• Content Type: LETTER

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30 August 1975
Honorable Edward H. Levi
Attorney General
Department of Justice
Washington, D.C. 20530
Dear Mr. Levi:
. This letter is in regard to the memorandum from the
President, date. 16 August 1975, wherein he instructed that
the Attorney General and the Director of Central Intelligence
prepare and coordinate, as necessary, the internal procedures
and guidelines suggested in Recommendations 6, 14, 18 -,and
30 of the Report of the Commission on CIA Activities Within
the United States. Further, the President instructed that
such was to be completed by 31 August. Accordingly, set
fart below are my proposals for compliance. with the Presi-
dent s instructions.
Recommendation 6 states:
The Department of Justice and the CIA should
establish written guidelines for the handling of
reports of criminal violations by employees of
the Agency or relating to its affairs. These
guidelines should require that the criminal in-
vestigation.and the decision whether to prosecute
be made by the Department of Justice, after con-
sideration of Agency views regarding the impact
of prosecution on the national security. The
Agency should be permitted to conduct such in-
vestigations as it requires to determine whether
its operations have been jeopardized. The Agency
will not exercise a prosecutorial function.
My General Counsel and the Assistant Attorney General,
Criminal Division have recently corresponded regarding
this subject. In a letter dated 29 July 19"75 we stated
that the Central Intelligence Agency intends to comply fully
with 28 U.S.C. 535 as well as the memorandum from the At-
torney General on this subject dated 9 February 1971. In
addition, an Agency regulation adopting this position will
state:
TTj6wt~~o
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 of mat alle ations or complaints of vio-
Approved 11, atl4e se R2(~ IAi 80 g$r 4) 00 006fO00)142 United
States Code by CIA officers and employees, or re-
lating to CIA.affairs,, shall be reported immedi-
ately by any employee to the Inspector General,
who shall inform the General Counsel. Information,
allegations, or complaints of violations of Title
18 of the United States Code involving Government
officers and employees shall be expeditiously
reported to the Attorney General by the General
Counsel in compliance with 28 U.S.C. 535. Such
report to the Attorney General shall include an
evaluation prepared by the Inspector General of
the impact, if any, of a'prosecution on the
national security or on foreign relations of the
United States, including intelligence operations
which may be jeopardized or intelligence sources
and methods which may be compromised thereby.
CIA will not exercise a prosecutorial function.
This matter has been discussed with your Criminal Division-
Recommendation14 states:
a. A capability should.be.developed within
? the FBI, or elsewhere in the Department of Jusjiceg
to evaluate, analyze, and coordinate intelligence
and counterintelligence collected by-the FBI con-
cerning espionage, terrorism, and other related
matters of internal security.
b. The CIA should restrict its participation.
in any joint intelligence committees to foreign
intelligence matters.
c.w The FBI should be encouraged to coiitinue
to look to the CIA for such foreign intelligence
and counterintelligence as is relevant to FBI needs-
It is my view that the proposed National Security Council
Intelligence Directive 9, entitled Central Intelligence
Agency Foreign Intelligence Operations Within the United
States and Clandestine Operations Abroac1 Affecting U.S.
Citizens Abroad, is responsive to paragraphs b. and c. of
this recommendation. I assume that paragraph a..does not
require agreement between us.
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Recommendation 18 states:
a. The Director of Central Intelligence
should issue clear guidelines setting forth the
situations in which the CIA is justified in con-
ducting its own investigation of individuals
presently or formerly affiliated with it.
b. The guidelines should permit the CIA to
conduct investigations of such persons only when
the Director of Central Intelligence first deter-
mines that the investigation is necessary to pro-
tect intelligence sources and methods the dis-
closure of which might endanger the national security.
c. Such investigations must be coordinated
with the FBI whenever substantial evidence sug-
gesting espionage or violation of a-federal criminal
statute is discovered.
The Director of the FBI and the DCI have recently corresponded
regarding this subject. In a letter from the Director to
the DCI dated 27 August 1975, the Bureau set out their undex;-
standing of our agreement regarding this matter. I agree
with the terms therein and intend to comply therewith. In
addition, an Agency regulation will reflect these. agreements
as follows:
CIA will undertake no activities in the United
States directed at the collection of intelligence
information on domestic activities of U.S. citizens
or organizations, except in connection with the
protection of its personnel and installations and
in the conduct of employee and other security in-
vestigations.
Investigations in the United States. Under the limited
circumstances specifie below, and as authorized in
paragraph c(l)(c) above, CIA is authorized to conduct
investigations within the United States.
(a) Personnel Security Investigations. CIA may con-
uct investigations o C A applicants and other
individuals being considered for CIA security
clearances or approvals, or being considered for
involvement in CIA operations. Routine rein-
vestigations of employees, other persons holding
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security clearances or approvals, and persons
involved in CIA operations may be conducted from
time to time. When necessary for security reasons,
the investigations will be conducted without re-
vealing CIA or U.S. Government interest. Such in-
vestigations will be conducted by federal govern-
ment personnel.
(b) Special Investigations
(1) Only the Director may approve investigation
of allegations of unauthorized disclosure of
classified information by -individuals presently
or formerly affiliated with CIA. Such authori-
zation will be given only upon determination
by the Director that intelligence sources -
and methods may be jeopardized by the disclo-
sure and that the information relating.to .
the unauthorized disclosure was acquired as.
a result of affiliation with CIA. Such in-
vestigations must be coordinated with the FBI
when substantial evidence suggests espionage
or the violation of a federal statute.
(2) The above does not preclude the Director frQm
exercising his statutory authority to fulfill
his responsibility for CIA's proper administra-
tion. In this regard the Director may authorize;
such inquiries as are necessary, proper, and
legal to resolve allegations reflecting ad-
versely on an employee's suitability for con-
tinued employment. .
Recommendation 30 states:
The Director of Central Intelligence and the
Director of the FBI should prepare and submit for
approval by the National Security Council a de
tailed agreement setting forth the jurisdiction
of each agency and providing for effective liaison
with respect to all matters of mutual concern.
This agreement should be consistent with the pro-
visions of. law and with other applicable recommenda-
tions of this report.
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It is my view that the proposed National Security Council
Intelligence Directive 9, entitled Central Intelligence Agency
Foreign Intelligence Operations Within the United States and
Clandestine Operations Abroad Affecting U.S. Citizens Abroad,
is responsive to this recommendation.
A copy of this letter is attached to the DCI's 30 August
1975 letter to the President. I await your concurrence or
comments.
Sincerely,.
Vernon A. Walters
Lieutenant General., USA
Acting Director
cc: Criminal Division
According to ISAS/DDA the following distribution
was made:
Orig-Attorney General
c~v -Criminal Division/DOJ
Additional copies were distributed as an attachment
to the DCI's letter to the President of 30 Aug 75.
Approve