IMPLEMENTATION OF RECOMMENDATIONS OF THE COMMISSION ON CIA ACTIVITIES WITHIN THE UNITED STATES

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-264-5-26-5
• Release Decision: RIFLIM
• Original Classification: C
• Document Page Count: 14
• Document Creation Date: January 11, 2017
• Document Release Date: August 11, 2010
• Sequence Number: 26
• Publication Date: August 1, 1975
• Content Type: MEMO

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PRECEDENCE
'ROPA:7f s I' R *
AR E co\ EY f arn.4 U
DTG: '?~1~~
RELEASED BY: TOR: 0
PECiAL INSTRUCTIONS:
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VIA WHITE HOUSE CHANNEL TO HAK
CONFIDENTIAL /EXCLUSIVELY EYES ONLY
August 1, 1975
TO:
FOR:
Jerry Bremer/Peter Rodman
FROM: Bud McFarlan
Attached is a redo of the joint memo to the President on follow-
up actions on the Rockefeller report. It follows the approach recommended
in TO HAK #34. Subject to your comment, I will finalize coordination here
and send it on to Connor for submission to the President.
I have one lingering misgiving. You will recall that Connor (Rumsfeld)
believed that the non-controversial recommendations could be implemented
by fiat and that it was unnecessary for the President to review and approve
the internal implementing memoranda developed by the DCI and the AG.
That is the way this memo is written, requiring only that they submit info
copies of their implementers to the President. I suppose what bothers me is
that it presents the image of the President directing the fox to police the
chicken coup. Please advise.
[Send text of attached]
Warm regards.
CONFIDENTIAL/EXCLUSIVELY EYES ONLY
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MEMORANDUM FOR:
THE PRESIDENT
HENRY A. KISSINGER
PHILIP BUCHEN
JAMES T. LYNN
Implementation of Recommendations
of the Commission on CIA Activities
Within the United States
We have reviewed the report and recommendations of the Rocke-
feller Commission on. CIA.Activities within the United States and
the recommendations of the departments and agencies which you
asked to comment on the report. These are summarized at Tab A
with more detailed comments provided at Tab B. It is now appro-
priate to take action designed to correct failings identified in the
report.
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Summary of Recommendations
The recommendations may be divided into two categories. The first
category of recommendations either require legislation, structural
changes in the Congress or Executive bodies, or are not supported
by some or all interested agencies and thus require further work
prior to taking corrective action. These include:
(1) Revisions to the National S"ecurity Act which would clarify CIA's
authority, and strengthen its internal organization and management;
(2) Changed Congressional organization and procedures on the review
of intelligence and CIA's budget, and
(3) Changed Executive Office procedures on oversight of intelligence
and contact with CIA.
(4) Revised procedures on the handling of security violations and
investigations.
While we do not necessarily disagree with either the objectives or the
specifics of these recommendations, they reflect only a partial treatment
of far broader questions on intelligence organization, including areas
examined in depth by the Murphy Commission or being examined by the
Senate Select Committee. They relate to, but are only a part of, several
basic issues which are at the heart of Congressional and national interest
in the future organization and functioning of the intelligence community.
These basic issues are posed in the following questions:
What is the role of intelligence in the national policy process?
How should the intelligence community be organized to fulfill
this role? Should there be a supra-agency Director of. National
Intelligence? If so, what should be his charter vis-a-vis the
community in terms of resource allocations, intelligence budget
development, and management of the CIA? What should be his
relationship to the President?
What are the role of the NSC and OMB in providing guidance to
and management of the community?
What are the roles of the NSC, the PFIAB and the Congress in
oversight of the intelligence community?
-- What is the Administration's policy on the conduct of covert actions?
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To date, the public emphasis of the Senate Select Committee has been on
abuses; that is, the treatment of effects as opposed to causes. It is clear,
however, that the staff effort is directed toward the development of legisla-
tive proposals that will include fundamental changes in the structure and
functioning of the intelligence community. We must be prepared to cope
with such proposals by having addressed these basic issues and by having
developed a comprehensive proposal which will maintain the initiative
within the Executive Branch'and provide the substantive basis for pre-
serving a strong intelligence system in the United States.
What are the limits of CIA authority to conduct activities within
the United States?
We propose that, in order to tackle these broad issues, you establish a
task group comprised of the Counsel to the President, the Attorney
General, the Secretary of Defense, the Assistant to the President for
National Security Affairs, the Director of the Office of Management and
Budget, and the Director of Central Intelligence. This group would
present by September 1 a thorough analysis with recommendations and
options for your consideration before decisions are made on these broad
structural, management and oversight issues. A memorandum which
would establish the Task Group is at Tab C.
The second category of issues to be addressed includes the majority of
the Rockefeller Commission recommendations. These are relatively
noncontroversial, are supported by all interested agencies with minor
reservations, and may be implemented promptly.
The necessary corrective action would take the form of new guidelines,
coordination procedures, and controls to govern the internal operation
of the CIA and,where appropriate, the Department of Justice. Insofar
as possible, these regulations and directives should be unclassified so
as to be available to the Congress and the public. In addition, we
believe that existing CIA regulations should be reviewed for conformity
with the Commission recommendations and declassified if possible.
A memorandum for this purpose is at Tab D. Specifically it directs:
(1) The Director of Central Intelligence and the Attorney General to
prepare and implement regulations and agreements with respect
to the investigation of criminal violations and the conduct of
security investigations, and resolving jurisdictional issues to
include the limits of their respective domestic activities. (Re-
sponsive to Rockefeller Commission recommendations 6 and 30.)
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(2)
The DCI, in coordination with the Attorney General where appro-
priate, to prepare and implement regulations and guidelines to
carry out the Commission's recommendations below:
-- To upgrade the status and expand responsibilities and staff
of the office of the CIA Inspector, General (recommendation #9).
To review the composition and operation of the office of the CIA
General Counsel with a view toward strengthening that office
and insuring that the Agency is receiving adequate legal assis-
tance (recommendation #10).
-- To encourage greater lateral movement between ]Directorates
of the CIA and to bring persons with outside experience into
the Agency at all levels (recommendation #11).
-- To direct the CIA not to engage in mail openings except in
accordance with statutory authority during time of war and
further, that mail cover operations which are conducted are
to be in compliance with Postal regulatiiQns (recommendation #13)).
-- To direct the CIA to restrict its participation in any joint intelli-
gence committees to foreign intelligence matters and to encourage
the FBI to look to the CIA for such foreign intelligence and
counterintelligence as is relevant to FBI needs (recommenda-
tion #14 b and c).
-- To make clear that the Agency should not accept requests to
involve it in internal security matters and further, to direct
the Agency to avoid over compartmentalization which might
result in special operation units not receiving adequate over-
sight (recommendation #15 b and c).
-- To direct that Agency employees not infiltrate domestic groups
or activities. in the absence of a written determination that such
infiltration is necessary to meet a clear danger to Agency
facilities, operations or personnel and that adequate coverage
by law enforcement agencies is unavailable (recommendation #16).
-- To direct the DCI, after coordination with the Attorney General,
to issue guidelines for the conduct of investigations of past or
current employees in order to protect intelligence sources and
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methods, insuring that such investigations are coordinated with
the FBI whenever they relate to espionage. or violation of a
federal criminal statute (recommendation #18).
-- To direct the CIA and other agencies to conduct periodic reviews
of all classified material with a view toward declassifying as
much of that material as possible (recommendation #20).
r To direct that the CIA not undertake physical surveillance of
Agency employees, contractors or related personnel within the
United States without first obtainiiig written approval of the DCI
(recornxnendation #22).
-- To direct that the CIA not intercept wire or oral communications
or otherwise engage in activities that would require a warrant if
conducted by a law enforcement agency (recommendation #23).
-- To direct that the Agency adhere strictly to established legal
procedures governing access to Federal Income Tax information
(recommendation #24).
-- To direct that CIA investigation records reflect that each
investigation was duly authorized and including the actual
basis for undertaking the investigation as well as its results
(recommendation #25).
- To direct that the CIA not engage in the testing of drugs on
unsuspecting persons (recommendation #27).
-- To direct that the Agency not engage in testing of equipment
for monitoring conversations against unsuspecting. persdhs living
within the United States (recommendation #28).
(3) The Assistant for National Security Affairs, the DCI and the
Director, OMB, to prepare and issue a directive to establish an
interagency committee to oversee the use of aerial intelligence
photography (responsive to recommendation #29).
(4) The Attorney General to direct the establishment within the FBI,
or elsewhere in the Department of Justice, a capability for
evaluating, analyzing and coordinating intelligence and counter-
intelligence information concerning espionage, terrorism and other
related matters of internal security.
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RECOMMENDATION:
That you sign the memoranda at Tabs C and D.
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MEMORANDUM FOR:
THE SECRETARY OF DEFENSE
THE ASSISTANT TO THE PRESIDENT FOR
NATIONAL SECURITY AFFAIRS
THE COUNSEL TO THE PRESIDENT
AND BUDGET
THE DIRECTOR, OFFICE OF MANAGEMENT
THE ATTORNEY GENERAL
SUBJECT: The Role, Organization and Management of
the Intelligence Community
The report of the Commission on CIA Activities within the United States
raises a number of fundamental questions regarding statutory authorities
for the conduct of U.S. intelligence activities, Executive Branch over-
sight and control mechanisms and procedures, the role of the Director
of Central Intelligence, the basic structure of the Intelligence Community,
and the organization and interaction between the Executive and Legislative
Branches on intelligence matters . The report of the Commission on the
Organization of the Government for the Conduct of Foreign Policy also
examines some of these problems, and several Congressional committees
are investigating most of these issues. As a basis for addressing the
questions and reaching decisions as to appropriate -changes, I request
that you prepare for my consideration a thorough analysis together with
options and your own recommendations regarding:
(1) revisions to the National Security Act, the CIA Act of 1949,
other intelligence legislation, and Presidential and NSC
directives on intelligence;
(2) Executive Branch oversight and control mechanisms and
procedures, including the roles of the NSC, PFIAB, OMB
and the White House;
c (3) the role of the DCI and his responsibility and authority for
the management of the Intelligence Community;
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(4) the basic organizational structure of the Intelligence Community;
(5) resource management within the Intelligence Community; and
(6) Congressional oversight.of intelligence.
(7) U. S. policy toward the conduct of covert actions.
This effort should also include the development of a draft Executive
Order providing specific guidance to the Central Intelligence Agency
concerning the collection of information on the domestic activities of
U. S. citizens.
This analysis should be conducted as a priority undertaking and should
take into account the views of appropriate Departments and Agencies
and the results of earlier relevant studies. Your report should be
submitted by September 1, 1975.
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MEMORANDUM FOR:
AND BUDGET
THE ATTORNEY GENERAL
THE DIRECTOR, OFFICE OF. MANAGEMENT
NATIONAL SECURITY AFFAIRS
THE ASSISTANT TO THE PRESIDENT FOR
THE DIRECTOR OF CENTRAL INTELLIGENCE
Implementation of Recommendations of the
Commission on CIA Activities Within the
United States
I have completed my initial review of the Report of the Commission on
CIA Activities within the United States and Agency comments on its
recommendations and believe that it is appropriate to proceed promptly
with the implementation of the majority of the Commission recommenda-
tions. Toward this objective, I direct the following:
The Director of Central Intelligence should prepare internal :CIA regu-
lations and guidelines to carry out the purposes of Commission Recom-
mendations numbered 6, 9-11, 13, 14b, 15b-c, 16, 18, 20, 22-25, and
27-28. To the extent practicable, and within the bounds of prudent
security, these regulations should be unclassified. The DCI should
also review all current CIA regulations and. directives for conformity
with these recommendations, make such modifications as may be
necessary, and, as noted above, provide for their declassification as
appropriate.
The Attorney General and the Director of Central Intelligence should
prepare and coordinate as necessary the internal procedures and
guidelines suggested in Commission Recommendations 6, 14, 18 and
30. These agreed guidelines should, to the extent practicable, be
unclas sified.
The Assistant to the President for National Security Affairs, the
Director, Office of Management and Budget, and the Director of
Central Intelligence should prepare a draft directive establishing an
interagency committee to oversee the domestic uses of aerial intel-
ligence photography.
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The above actions should be completed by August 31. Copies of the
resultant directives should be forwarded to the White House for my
information.
cc: The Vice President
The Secretary of State
The Secretary of Defense
The Secretary of the Treasury.
Chairman, President's Foreign
Intelligence Advisory Board
The Counsel to the President
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