Foreign Relations of the United States, 1969–1976, Volume II, Organization and Management of U.S. Foreign Policy, 1969–1972

223. Memorandum From the Chairman of the Joint Chiefs of Staff (Moorer) to Secretary of Defense Laird¹

CM–468–70

Washington, December 24, 1970.

SUBJECT

• Department of Defense Intelligence and Counterintelligence

1. I have read your memorandum of 23 December² concerning the intelligence and counterintelligence activities of the Department of Defense, and concur in principle with the policy objectives which you have set forth. The preparation of implementing directives will, of course, require careful study and review in order to assure the most judicious application of our limited collection resources in connection with any future domestic investigative efforts. I recommend that the Joint Chiefs of Staff be afforded the opportunity to comment on these directives before they are approved.

2. I note that your memorandum preserves the present role of the Director, DIA, in support of the Joint Chiefs of Staff. I believe this to be a wise and essential determination if we are to fulfill our obligations to you and to the President. It is my interpretation of your memorandum that the Director, DIA, will report directly to you in the conduct of his duties involving domestic investigative and counterintelligence activities, while in matters involving operational intelligence and foreign intelligence/counterintelligence activities, the chain of command would continue to run from the Secretary of Defense, through the Joint Chiefs of Staff as prescribed in DOD Directive 5105.21.³ Likewise, guidance in matters involving operational intelligence and foreign intelligence/counterintelligence activities would continue to be furnished by the Secretary of Defense and the Joint Chiefs of Staff acting under the authority and direction of the Secretary of Defense.

3. In view of newspaper speculation that significant changes were intended in the latter channel, some clarification may be necessary.⁴

T.H. Moorer

1. Source: Washington National Records Center, RG 330, OSD Files: FRC 330 76 76, 020 SD. Confidential.
2. Document 222.
3. Copies of directives are maintained by the Department of Defense, Washington Headquarters Services, Directorate for Correspondence and Directives, Pentagon.
4. An annotated agenda prepared by Pursley for Laird’s meeting with Packard on December 29 included a discussion item concerning Laird’s December 23 memorandum and public announcement that stated: “both actions came after lengthy discussions with the Service Secretaries and Chiefs. Basic points of concern among the Service Secretaries and the Chiefs include: Removal of all DIA intelligence activities from JCS control, despite the assurance of continuing availability of DIA to the Chiefs on all strategic, tactical, and operational intelligence.” (Washington National Records Center, RG 330, OSD Files: FRC 330 76 76, 020 SD) Concerns about Laird’s December 23 memorandum were also expressed by Secretary of the Navy John Chafee in his January 29 memorandum to Laird and by Secretary of the Army Stanley Resor in his January 30 memorandum to Laird. (Ibid., OSD Files: FRC 330 76 197, 350.09 (Jan–Mar) 1971)