MEMO TO MR..MIKE DUVAL(Sanitized)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79M00467A001300170009-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 16, 2016
• Document Release Date: June 7, 2005
• Sequence Number: 9
• Publication Date: February 11, 1976
• Content Type: MF

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MEMORANDUM FOR: Mr. Mike Duval
Attached is a first rough-cut at the message you
are working on. I realize many of the critical decisions
have not yet been made; therefore, the language I have
given you may turn out to be wildly inappropriate. If so,
I'll be glad to give it another go.
I am also sending along another Washington quote
which we have used in the past...thought you might like a
choice.
Please let me know if there is anything else I can do.
Office of
the Assistant to the Director
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I have today issued an Executive Order pertaining to the
To the Congress of the United States:
By virtue of the authority vested in me as President
pursuant to Article II, Sections 2 and 3 of the Constitution,
activities of these agencies and specifies as well those
activities in which they shall not engage.
of accountability for the nation's foreign intelligence
agencies. It sets forth strict guidelines to control the
organization and control of the United States foreign
intelligence community. This order establishes clear lines
intentions, and activities of other governments. To this
end, the foreign intelligence agencies of the United States
play a vital role in collecting and analyzing information
related to the national defense and foreign policy.
It is equally as important that the methods these
to have the best possible information about the capabilities,
In carrying out my Constitutional responsibilities to
manage and conduct foreign policy, I believe it essential
agencies employ to collect- such information for the
legitimate needs of the Government conform to the standards
set out in the Constitution to preserve and respect the
privacy and civil liberties of American citizens.
The Executive Order I have issued today will ensure a
proper balancing of these interests. It establishes a
government-wide direction for the foreign intelligence
agencies and places responsibility and accountability on
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I believe it will eliminate abuses and questionable
activities on the part of the foreign intelligence agencies
while at the same time permitting them.to get on with
their vital work of gathering and assessing information.
It is also my hope that these steps will help to restore
public confidence in these agencies and encourage our
citizens to appreciate the valuable contribution they make
to our national security.
Beyond the steps I have taken in the Executive Order,
I also believe there is a clear need for some specific
legislative actions. I am submitting herewith to the
Congress of the United States three measures which will
go far toward bettering the protection of true intelligence
secrets as well as establishing clear guidelines for the
foreign intelligence agencies.
My first proposal deals with.the protection of
intelligence sources and methods. The Director of Central
Intelligence is charged, under the National Security Act
of 1947, as amended, with'protecting intelligence sources
and methods. The Act, however, gives the Director no
authorities commensurate with this responsibility.
Therefore, I am proposing legislation-to impose
criminal and civil sanctions on those who are authorized
access to intelligence secrets and who willfully and
wrongfully reveal this information. This legislation is not
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an Official Secrets Act. It would affect only those who
improperly disclose secrets, not those to whom secrets are
disclosed.. Moreover, this legislation could not be
used to cover up abuses and improprieties.. It would in no
way prevent people from reporting questionable activities
to appropriate authorities in the Executive and. Legislative
branches of the government.
It is essential, however, that the irresponsible and
dangerous exposure of our nation's intelligence secrets
be stopped. The American people have long accepted the
principles of confidentiality and secrecy in many dealings --
with doctors, lat-iyers, and with respect to many tax, banking,
and business matters. I believe we must extend this same
protection to our intelligence secrets. Openness is a
hallmark of our democratic society, but the American people
have never believed that it was necessary to reveal to them
the secret war plans of the Department of Defense, and I
do not think they wish to have true intelligence secrets
revealed either.
I urge the adoption of this legislation with all
possible speed.
In addition, I am; supporting two proposals that would
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bill would make it unlawful to assassinate or attempt or
clarify and set limits on the activities of the foreign
intelligence agencies.
With respect to prohibitions on assassination of
foreign officials, I support the objectives of the bill
proposed and discussed in the assassination report of the
Senate Select Committee on Intelligence Activities. That
The law now permits the opening of United States mail,
under proper judicial safeguards, in the conduct of criminal
investigations. I will recommend legislation to extend this
authority to open the mail under the same limitations and
safeguards in order to obtain vitally needed foreign in_
conspire to assassinate a foreign official.
telligence information. As is now the case in criminal in-
vestigations, those seeking authority to examine mail for
foreign intelligence purposes will have to convince.a Federal
judge of the necessity to do so and accept the limitations
upon their authorization to examine the mail provided in the
order of the court.
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coordination between the two houses and between the Legislative
the secure holding of intelligence secrets and improve
each house, of the oversight function has proved largely
unworkable. A joint committee or one committee in each house
charged with exclusive oversight jurisdiction would enhance
have exclusivity of jurisdiction. The present fragmentation, in
I would also like to share with the Congress my
views regarding appropriate Congressional oversight of
the foreign intelligence agencies. It is clearly the
business of each House to organize itself to deal with
these matters. Certain principles, however, should be
recognized by both the Executive and Legislative branches if
this oversight is to be effective.. I believe good
Congressional oversight is essential so that the Congress
and the American people whom you represent can be assured
that the foreign intelligence agencies are adhering to the
law in all of their activities.
First, the Committee or Committees of Congress charged
with overseeing the foreign intelligence agencies should
and Executive Branches.
Second, each house should enact appropriate criminal
and civil sanctions to ensure that those of its employees
who are entrusted with secrets as an aspect of their
employment maintain those secrets. In addition,. Congress
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should also ensure that appropriate sanctions will be
applied against Members of Congress who improperly disclose
secrets.
In addition, a statutory procedure should be?enacted
to ensure.that secrets disclosed to the Congress are not
unilaterally disclosed by individual Members of the
oversight committees. Where the President certifies
that the disclosure of a particular secret would be
considers disclosure imperative, the final decision should
detrimental to the national interest, and the Congress
oversight of the foreign intelligence agencies depends on
Lastly, successful and effective Congressional
be left to the courts.
mutual trust between the Congress
branch must recognize and respect
of the other if anything is to be
Foreign Policy chaired by Ambassador Robert Murphy. I urge
the Congress to adopt this recommendation promptly.
and Executive. Each
the rights and prerogatives
achieved.
In this context, a general Congressional requirement
to keep the oversight committees "fully and currently"
informed is more desirable and workable as a practical
matter than formal requirements for prior notification.
Specifically, Section 662 of the Foreign Assistance Act,
should be repealed. This step was urged by the Commission
on the Organization of the Government for the Conduct of
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Both the Congress and the Executive Branch recognize
the importance to this Nation of a strong intelligence
service. I believe it urgent that we take the steps I
have outlined above to ensure that America not only has
the best foreign intelligence service in the world, but
also the most unique -- one responsive to and controlled
by the democratic principles we have all sworn to uphold
and defend. 0
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To Elias Dayton, an intelligence officer in New
Jersey, Washington wrote on July 26, 1.777: "The
necessity of procuring good intelligence is apparent
& need not be further urged--all that remains for me to
add is that you keep the whole matter as secret as possible.
For upon Secrecy, Success depends in most Enterprises of
the kind, and for want of it, they are generally defeated,
however well planned and promising a favourable issue."
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