266. Memorandum From the Director of the Bureau of Intelligence and
Research (Hughes) to
the Deputy Under Secretary of State for Political Affairs (Kohler)1
Washington, April 17, 1967.
SUBJECT
- Draft Revision of NSC 5412
As we agreed orally, INR has drafted a
revision of NSC 5412 which is attached
(Tab A), in response to Walt
Rostow’s memorandum of March 29, 1967.2
I also attach a question-and-answer sheet discussing the changes in the
draft, as compared with NSC 5412 (Tab
B), and a tabular comparison of the texts of both versions (Tab C).3
As stated in Tab B, there would appear to be four reasons for revising
NSC 5412:
- a.
- To make its language accord with the text and spirit of the
report of the President’s Review Committee;
- b.
- To deal more explicitly with the risks, consequences, and
alternatives of covert operations;
- c.
- To plug loopholes;
- d.
- To get rid of anachronistic cold-war language.
There are admittedly disadvantages to undertaking a revision. A good deal
of discussion and inter-agency negotiation will be necessary, probably
in an amount disproportionate to the objective. On balance, however, I
think it would be advisable to try it. At least twice before, revisions
of NSC 5412 were seriously considered.
Not to revise it now, when the whole question of covert operations is
under review in public as well as in private, might be hard to explain
at some later time. Moreover, there seems to be no more promising time
to make needed revisions.4
I realize that, as pointed out in the 303 meeting on April 7, CIA’s platter is rather full at the moment.
I would therefore suggest that we consider
[Page 576]
handing copies of the attached draft to Walt Rostow, Cy Vance, and Dick Helms,
suggesting that it be discussed at a convenient future time.
Tab A
DRAFT NSAM
- 1.
- Covert operations are defined as actions in furtherance of
United States foreign policy which are so planned and executed
(a) that United States Government responsibility for them will
not be revealed, and (b) that if revealed, the United States
Government could plausibly disclaim any responsibility for them.
Excluded from this definition are armed conflict by recognized
military forces, espionage and counter-espionage, and cover and
deception for military operations.
- 2.
- The United States Government has undertaken covert operations
as a necessary response to covert operations by major hostile
powers, or the threat of such operations. Nevertheless, covert
operations involve varying degrees of contradiction to basic
legal and social principles. They therefore carry the serious
long-term risk of eroding or negating these principles, which
are fundamental to the achievement of long-range United States
objectives.
- 3.
- It is therefore United States policy to keep covert operations
to an irreducible minimum, and to undertake a covert operation
only when it is determined, after careful consideration, that
the prospective results (a) are essential to national security
or national interests; (b) are of such value as significantly to
outweigh the risks, both immediate and long-term; and (c) cannot
be effectively obtained in any other way.
- 4.
- A Special Group is established under the National Security
Council to approve and review covert operations, acting on the
basis of unanimity. The Special Group shall consist of the
Secretaries of State and Defense, or representatives designated
by them; a representative of the President designated by him;
and the Director of the Central Intelligence Agency. The
Director of the Bureau of the Budget participates in periodic
reviews of operations in progress, and may participate in other
Special Group proceedings.
- 5.
- The Special Group shall specifically approve each covert
operation before it is undertaken, review and evaluate each
operation at not less than twelve-month intervals, and note (or
may direct) its termination or its conversion to a less
sensitive form of action, with the following exceptions:
- a.
- The Special Group may delegate to representatives of
any two of its members, of the rank of Deputy Assistant
Secretary or above, its responsibilities with respect to
minor covert operations under guidelines
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it establishes. All
decisions reached by such representatives shall be
promptly reported to the Special Group.
- b.
- The Secretary of State may approve a particularly
sensitive project which has no military implications.
The fact of such approval shall be reported to the
Special Group, as well as the termination of the
operation so approved.
- 6.
- Under the authority of Section 102(d)(5) of the National
Security Act of 1947, the Director of the Central Intelligence
Agency shall be responsible for planning, conducting, and
terminating covert operations which are approved by the Special
Group of the National Security Council. He will provide the
Special Group with all information concerning such operations
that the Group deems necessary to its responsibilities. In
exceptional circumstances, such as those in paragraph 7, covert
operations may be assigned by the Special Group to the Secretary
of Defense.
- 7.
- In theaters of war or areas in which United States armed
forces are engaged in combat operations, (a) the Secretary of
Defense shall assure that plans for covert operations are in
consonance with and complementary to approved war plans of the
Joint Chiefs of Staff; and (b) the conduct of covert operations
will be under command and control relationships approved by the
Secretary of Defense.
- 8.
- The Special Group may authorize an agency of the United States
Government, other than the Central Intelligence Agency, to
conduct an operation in support of national interests or
national security without disclosing Government responsibility.
The proposed operation must be such that overt Government
sponsorship would largely negate its expected benefits, but at
the same time must be of such nature that disclosure of
Government responsibility would not be a significant
embarrassment to the United States. Approval, review, and
appraisal of each non-disclosed operation shall be either by the
Special Group itself or by delegation in the same way as
provided in Paragraph 5a above. The executing agency shall
provide the Special Group with all information concerning such
operation that the Group deems necessary to its
responsibilities.
- 9.
- The Chief and Deputy Chief of each diplomatic mission shall be
informed in advance of covert and non-disclosed operations
affecting the country or organization to which they are
accredited, and shall be kept informed on such operations until
they are terminated, unless the Special Group determines
otherwise.
- 10.
- The Director of Central Intelligence will recommend to the
Special Group the procedures needed to ensure that the security
of covert operations is maintained. Members of the Special Group
will take special precautions in their respective agencies so
that only those employees who must know are informed of each
covert operation or have access to documents concerning
it.
- 11.
- The Director of the Bureau of the Budget will assist the
Special Group in arranging the financing of covert and
non-disclosed operations.
- 12.
- No federal agency shall provide any covert assistance or
support, direct or indirect, to any of the nation’s educational
or private voluntary organizations, except in individual cases
specifically approved by the Special Group and by the
Secretaries of State and Defense in unusual contingencies where
overriding national security interests so require, and where
open sources of support are shown to be unavailable. In no event
shall any future exception be approved which involves any
educational, philanthropic, or cultural organization.
- 13.
- This directive does not modify the responsibilities of the
Secretaries of State and Defense and of the Director of Central
Intelligence under existing laws and Presidential directives.
NSC 5412/2, December 28,
1955, with the associated Memorandum and Annex of March 26,
1957, and NSAM 303 of June 4,
1964, are rescinded.5 The
Special Group shall exercise its responsibilities over all
continuing covert operations approved under these or other
previous directives.
