Foreign Relations of the United States, 1969–1976, Volume XXXVIII, Part 2, Organization and Management of Foreign Policy; Public Diplomacy, 1973–1976

46. Memorandum From Secretary of State Kissinger, the President’s Counselor (Buchen), and the Director of the Office of Management and Budget (Lynn) to President Ford¹

Washington, August 9, 1975.

SUBJECT

• Implementation of Recommendations of the Commission on CIA Activities Within the United States

We have reviewed the report and recommendations of the Rockefeller Commission on CIA Activities Within the United States and the views of the departments and agencies which you asked to comment on the report. These views are summarized at Tab A.²

The purpose of this memorandum is to recommend an approach to implement the Commission’s recommendations.

BACKGROUND

The Rockefeller Commission was charged with investigating and making recommendations with respect to allegations that the CIA engaged in illegal spying on American citizens.

Its report on this subject was well received publicly,³ and almost all of its recommendations have met with complete approval in the intelligence community.

The recommendations of the Rockefeller Commission fall into two separate categories.⁴ The first consists of a series of twenty reforms which, although significant and deserving of your consideration and approval, will as a practical matter be implemented at the agency level. They are listed at Tab B.⁵ These recommendations are generally supported by all interested agencies and we recommend that you ap-prove their immediate implementation by signing the memorandum at Tab C.⁶

The second group of recommendations go to the question of the structure, function and direct Presidential command and control of the CIA. The seven recommendations in this category are listed at Tab D.⁷ As a package, they represent a responsible and effective initiative to establish better Executive control over, and prevent improper domestic activities by, the CIA. The Commission’s recommendations in this category (hereafter referred to as “the policy recommendations”) propose:

• revisions to the National Security Act which would clarify CIA’s authority by explicitly limiting it to foreign intelligence matters (this could also be accomplished by Executive Order);

• an Executive Order to prohibit improper domestic activities of CIA concerning U.S. citizens;

• legislation to strengthen CIA’s internal organization and management structure, including establishing a second Deputy Director position;

• revised procedures on the handling of security violations, including new responsibilities for USIB in this area and stronger penalties for violations by present or former CIA employees (a version of this proposal is in S. 1, the new criminal code bill, which provides penalties for the unauthorized disclosure of classified information);

• changed Executive Branch procedures on oversight of the intelligence community and White House contact with CIA and a stronger role for the President’s Foreign Intelligence Advisory Board.

It is to this group of policy recommendations that the remainder of this memorandum is addressed.

DISCUSSION

Since establishment of the Rockefeller Commission last January, the range of allegations against the CIA and the rest of the intelligence community has broadened considerably. Select Committees of both Houses of Congress are now engaged in inquiries under mandates which permit them to investigate and propose legislation on the most fundamental questions of intelligence—such as the role of intelligence, the organization of the community, oversight arrangements, the legitimacy and utility of covert action, and the degree of openness of the intelligence budget. In view of the scope of the Rockefeller Commission’s mandate, however, its recommendations do not address these issues.

Under these circumstances, you must decide whether to proceed with the prompt implementation of the Commission’s policy recommendations now, or await developments in the Congressional Committees over the coming months and include the policy recommendations in a broader package which responds to the more far-reaching initiatives that are likely to emerge later from the Congressional reviews.

In view of the limited scope of the Commission’s policy recommendations, action to implement them now might be criticized as being too timid, in light of the broad range of issues raised by the Select Committee investigations. Although such criticism is likely, we believe that the Commission’s policy recommendations are fully responsive to what is in fact the primary concern of the American people—that the CIA engages in “domestic spying” and is, in the words of Senator Church, “a rogue elephant out of control.” Implementation of the Commission’s policy recommendations—which can be fully accomplished by Presidential action—will deal with the fundamental problem now, and enable you to handle separately, at a later time and in different fashion, the broader issues such as covert action, the classified budget, and other community-wide structure or management questions.

In addition, Congressional action on domestic improprieties is imminent. There are currently a number of Committees other than the Select Committees addressing various aspects of the reported improprieties; legislation in these areas is likely to be piecemeal and unacceptable, but it will come soon. On the other hand, issues such as covert action, the classified budget and major overhaul of the intelligence structure are moving on a different timetable and are being considered only by the two Select Committees. It is unlikely that legislative proposals will emerge in these areas until the Select Committees conclude their activities next Spring. Thus, not only is the “improprieties” area more urgent, but there is also a significant likelihood that Presidential action on these matters could effectively be foreclosed if put off and considered only as part of a broader—and, by definition, later—package of reforms.

For the foregoing reasons, we recommend that you order the development by August 25 of optional steps to act on the group of Commission policy recommendations as described above.

If you approve this action, we will continue to develop options for your consideration at an appropriate time on other matters being raised in the course of the Select Committee investigations.

If you disagree with our recommended action, you should direct a detailed study to develop broader proposals responsive to issues beyond the scope of the Rockefeller Commission’s inquiry. A list of the possible issues and a mechanism for dealing with them is set forth in Tab E.⁸ This approach would permit you to act on the broadest front and would negate criticism that you are not confronting these issues. However, there are drawbacks. A further and broader study would be very time consuming; we estimate that such a study would take at least several months. More importantly, this delay could cause us to lose the initiative entirely. We do not recommend this alternative approach for these reasons and because we find the arguments in favor of immediate implementation more persuasive.

Recommendation

That you approve action on the Commission’s policy recommendations to correct improper domestic activities and establish better Executive Branch control of the CIA. (If you approve this recommended action, an appropriate set of options to act on the Commission’s policy recommendations will be developed and submitted to you by August 25. The plan will provide for your action by early September.) (Recommended by all your advisers.)⁹

1. Source: Ford Library, National Security Adviser, Robert C. McFarlane Files, Box 2, Intelligence Investigations Subject Files, Rockefeller Commission, Implementation of Recommendations (5). No classification marking. None of the senders initialed the memorandum.
2. Attached but not printed. Ford requested the comments on June 11, after the release of the Rockefeller Commission report (see footnote 3, Document 42). The reports from the Departments of Defense, State, Justice, and Treasury are in the Ford Library, White House Central File, Box 22, Philip W. Buchen Files, Box 106, Intelligence Investigations/ Reorganization Numbered Files, Rockefeller Commission, Folders 6–7. The CIA’s comments are in the Central Intelligence Agency, OPI 10, Executive Registry, Job 79M01467A, Box 21, Papers Relating to Rockefeller Comm. Recommendations—Misc Others 010175–300675. A July 26 memorandum from Rumsfeld to Connor summarizes all agency comments. (Ford Library, National Security Adviser, Presidential Handwriting File, Box 9, FG Comm. On CIA Activities Within the U.S. (1))
3. A Washington Post editorial, published the day after the June 10 release of the Rockefeller Commission report, endorsed the “positive and mature way in which the commission went about its work.” “Far from being a ‘whitewash,’” the editorial stated, “the Rockefeller commission report is a clear summons to professionalism in intelligence and to respect for Americans’ rights.” (“The Rockefeller Report on the CIA,” Washington Post, June 11, p. A18)
4. Two Commission recommendations are not discussed because they deal with matters primarily within the province of the Congress (a Joint Oversight Committee) or involve personnel (the qualifications of future DCI’s). A third Commission recommendation, that Congress carefully consider partial disclosure of the CIA budget, is dealt with elsewhere in this memorandum, as a decision which we recommend should be deferred. [Footnote in the original.]
5. Attached but not printed.
6. Attached but not printed. Ford initialed the Approve option. The memorandum to the Attorney General, the President’s Assistant for National Security Affairs, the Director of OMB, and the DCI, sent on August 16, instructs them to implement 20 agency-level Rockefeller Commission recommendations. (Ford Library, National Security Adviser, Robert C. McFarlane Files, Box 2, Rockefeller Commission—Implementation of Recommendations (5))
7. Attached but not printed.
8. Attached but not printed.
9. Ford initialed the Approve option.