ORGANIZATION OF THE INTELLIGENCE CO-ORDINATING GROUP

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M01066A000800250009-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 33
• Document Creation Date: December 16, 2016
• Document Release Date: October 9, 2004
• Sequence Number: 9
• Publication Date: October 30, 1975
• Content Type: MEMO

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October 30, 1975
MEMORANDUM TO: SECRETARY KISSIN ER
SECRETARY SCHLES~INGER
ATTORNEY GENERAL LEVI
DIRECTOR LYNN
DIRECTOR COLBY
PHILIP BUCHEN
SUBJECT: Organization of the Intelligence
Co-ordinating Group
a step towards implementing the President's directive of
September 19th, I have developed a plan to guide the activities
of our group.
As indicated in the attachments, the co-ordinating group will
continue to meet in the Situation Room each morning. In
addition I have set up five task forces designed to deal with
the day to day problems involved in the on-going investigation
of the Ihtelligence Community. I have also set up three major
study groups fot the purpose of developing longer range
solutions.
You will note that in some cases I have not indicated an agency
representitive and I hope that you will fill in the appropriate
name for your departments and agencies as soon as possible.
In addition if you wish to change a respresentitive I have
suggested please feel free to do so.
I hope to begin implementing this plan immediately, and there-
fore I would appreciate any changes or comments by close of
business today.
Thanks very much.
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FUNCTIONING OF
INTELLIGENCE COORDINATING GROUP
The Group was established by the President on September 19
and consists of: Secretary Kissinger, Secretary Schle singer,
Attorney General Levi, Jim Lynn, Bill Colby, Philip Buchen
and Jack Marsh (Chairman). It meets every day and acts essen-
tially as a "Board of Directors" to coordinate and organize the
Administration's response to matters dealing with the intelli-
gence community.
The Group will continue to undertake functions in two broad
(1) Problem Management - Ongoing matters will be
reviewed daily by the Group. Task Forces will be
established as necessary to resolve specific
difficulties (see Tab II). Each Task Force will be
chaired by a member of the Coordinating Group; its
members will be assiged from the Executive Branch,
as appropriate, and a specific individual will be
designated as having staff responsibility.
(2) Planning - In order to provide focus and direction,
several permanent Planning Groups will be established
(see Tabs III, IV and V). Like the Task Forces,
each Planning Group will be chaired by a member of
the Coordinating Group; members will be designated,
as appropriate, and an individual will be,assigned
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as staff.
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Planning Groups will be provided by the appropriate line
departments and agencies. The Coordinating Group will pro-
vide policy guidance for these sub-groups and will review
all decision and information memoranda for the President.
See attached summary charts.
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[INTELLIGENCE
COORDINATING
GROUP
7Problems Management
Task Forces
~--!Early Warning List
I Document Delivery and
! Security Classification!
Congressional Strategyl
~-- Press and Public Positions
Presidential-Policy
! Positions
:Press and Public
Support
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Scheduled
A.M. P.M.
Monday ICG . Committee strategy
. Press and Public Positions
Tuesday ICG
Wednesday ICG
Thursday IC G
Friday ICG Early Warning List
Saturday ICG
-On Call of Chairman
Task Forces: . Document Delivery & Security Classification
. Executive Privilege
Planning Groups: . Legislation Planning & Presidential
Policy Positions
. Press & Public Support
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The following Task Forces should be established:
1) Early Warning List
PURPOSE: Maintain a list of potential problem areas.
Analyze nature of problem and-prepare a fact
'sheet for each problem area containing:
? Description of allegation/facts and where
and when it is likely to surface.
Analysis of potential public, press,-etc.
reaction.. -
? Guidance for public (and private) statements
by Administration officials.
? Identify key person/agency.
PARTICIPANTS: Marsh, Chairman
Rogovin, CIA
Hall; Defense
Hyland, State
Justice
Staff: Duval
MEETINGS: Every Friday
DEADLINES: Ongoing for duration.
2) Document Delivery and Security Classification Problems
PURPOSE: To control and expedite delivery. of appropriate
documents requested by the Committees. This
Task Force will receive guidance from the Task
Force on Executive Privilege.
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Resolve issues involving delivery or p ubli.ca-
tion of classified documents.
STAT
PARTICIPANTS :
Buchen, Chairman
STAT
Hyland, State
Hall, -. ; Defense
Scowcroft, NSC
PFIA}3
Justice
Ogilvie, ONB
(Other agencies, if required)
Staff: Wilderotter
MEETINGS: On call of Chairman.
DEADLINES: Ongoing for duration.
3) Executive Privilege
PURPOSE: Hi'o develop guidelines for use of Executive
privilege and provide a mechanism to staff
case-by-case Presidential decisions-
PARTICIPANTS: Buchen, Chairman
Levi, Justice
Scowcroft, NSC
Kissinger, State
Latimer, Defense
Lynn, O~'LB
CIA
Staff: Wilderotter (Duval)
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DEADLINES: 10/28 - Guidelines for Presidential Libraries.
4) Select and Other Committees Strategies
PURPOSE: To develop overall policy guidance for dealing
with the Committees.
PARTICIPANTS: Marsh, Chairman
Friedersdorf, White House
Leppert, White House
Kendall, White House
Staff: Leppert (Duval)
.MEETINGS: Every Monday
DEADLINE:
Press and Public Positions
PURPOSE: Provide day-to-day management of Press and
other public issues.- This Task Force
will receive guidance from the Planning Group
.on Press and Public Support.
PARTICIPANTS: Marsh, Chairman
Nessen, White House
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MEETINGS: Every Monday
DEADLINES: 10/28 - Approve initial Press and Public
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 LEGISLATION PLANNING AND
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PRESIDENTIAL POLICY POSITTGNS
I _ Planning Group Members
Steering Group - Marsh, Chairman
Buchen, White House
White House
Scowcroft, NSC
Lynn, O`D
Staff: Duval
Members Colby, CIA
Schlesinger/Hall, Defense
Kissinger/Hyland, State
Levi/Scalia, Justice
Ogilvie, OMB
Staff: Clark (Duval)
II. Plan for Developing Legislation
Deadline
A) Develop Information Base 10/31
1) Review and collate current statutes, orders,
directives, procedures, etc., which form the
legal basis for intelligence community activity
2) Review and collate key studies, e.g-1 Rockefeller
and Murphy.
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B) o1ici and analyze views and 11/7
recommendations for goals, principles
and objectives of legislation -
1.) Canvass Executive branch
-- use Coordinating Group
2) Solicit (informally) opinions
from Congress
3) Interview key non-government
persons. (See Tab III, Appendix
for draft list and procedure-)
Develop (1) Statement of Goals, Principles 11/10
and Objectives, and (2) an outline of options
for legislation. Submit to Coordinating Group.
D) Prepare and staff out Issue Papers. 11/12
E) Weekend meeting at Camp David (no Presidential
involvement). 11/14-16
Deliver Issue Book to the President 11/21
G) -President meets with Coordinating Group 11/24-26
Redo Issue Book and draft legislation --
deliver to President 12/6
I) Second meeting with the President 12/11-13
J) Draft legislation and submit to OMB
for agency review 12/18
H)
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 III_
3
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Presidential Policy Positions
A)
Draft Presidential Statement to
accompany Executive Orders (PFIAB
and Restrictions)
B)
Draft speech (for delivery mid-November)
11/4
C)
Draft narrative for SOTU
- Outline
11/21
First draft
11/28
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 Interviews with
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Non-Government Experts
A) List of Possible Invitees
Buchen
1) Anthony G. Oettinger - Director of the Harvard
Program on Information Technologies and Public
Policy
Paul H. Nitze
Goldwin -
3)` Joseph Cropsey - Professor of Political Science,
University of Chicago
+5)
Walter Berns - Professor of Political Science,
University of Toronto
Ja Ies.Q. Wilson - Professor of Government, Harvard
University,
6) Herman Kahn
7) John Gardner - Common Cause, former Secretary
o f HE '7
8) Joseph Califano - former Presidential (LBJ) advisor;
General Counsel of DNC
9) Abe Fortas
10) Warren Christopher - former Deputy Attorney General
from California
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12) Ted Sorensen - former (JFK) White House assistant
13) George Ball - former Under Secretary of State;
now with Lehman Brothers
14) McGeorge Bundy - former National Security advisor
15) Andrew Heishell - Publisher of Time-Life
16) William Fulbright - former Senator
Latimer
17)
18) Mel Laird
19) Admiral Tom Moorer
20) David Packard
21). Paul Nitze .
22) Elliott Richardson
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B) Logistics
1) Names should be approved by White House Staff
and Coordinating Group.
2) Nessen should be briefed.
3) Invitations extended.
4) These individuals should be appointed as one-day
consultants so they can be reimbursed for travel.
Whose budget?
Interview Procedure
1) Interview briefing materials to be prepared.
a) Biography
b) Subject areas to be covered
c) Sample Qs_
Begin with lunch in Conference Dining Room. Marsh
,or Buchen should host. A senior official from. CIA,
Defense, State, Justice, etc., should attend as appro-
priate.
Interview will continue for about one or two hours
after lunch with staff.
4) Summary will be prepared and given to Study Group.
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Planning Group Members
Steering Group - Buchen, Chairman
Marsh, White House
Scowcroft, WThite House
Lynn, OMB
Meatbers - Levi/Scalia, Justice
Hyland, State
Hall, Defense
Colby, CIA
Staff: Wilderotter (Duval)
II. Purpose
Develop;proposals of actions which the President can
take adiiinistratively to improve the functioning of
the intelligence community.
III. Plan
A) PFIAB Executive Order/Board
- Memo to the President
- Announce
- Nominate new Board
Deadline
10/24
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2
Restrictions Executive Order
Memo to the President
Announce
C) Establish new procedures to safeguard
intelligence materials (NOTE: Herein
the "series checks" problem and other
Deadline
10/28
civil liberties issues. Special coor-
dination will be required with the
Attorney General and NSA.)
- Outline current procedures
- Identify problem areas
10/28
10/31
Legal
National security
- Draft Issue Paper to Coordinating
Group
11/5
- Memo to the President-
11/8
Issue order(s)
11/12
Catalog other areas for possible
Executive action
11/5
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t-j
(cl--"~1v~f )
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John Warner:
The attached may be of some
interest. Ed Levi prepared it
for the 9 a.m. White House Group.
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THE. WHITE: HOUSE..
WAS HINCiTC,H
_,iEMORAi~1DUM FOR: SECRETARY KISSIN~iGEC /BILL HYLAND
SECRETARY SCHL ESINGER/ToM LAT.C ER
ATTORNEY GENERAL TjEV1
PHIL BUCHEN
DON RtXMSFE:LI)
DoN ,. E
JAMES 1,11 0G
WILLIAM COLBY
BRENT' SCOWCI O.FT/. 3UD McFARLAN :
MIKE DUVAL
Attached is the rewrite of Option 1.
. Attachrent
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 Fecut ve E,eyi ,tc}?
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24 September 1975
MEMORANDUM FOR: Morning Meeting Participants
Attached are materials that were discussed at the
morning meeting. First is a memorandum from Congressman McClory
to the President which I am afraid speaks for itself.
The sec.ond is a two-page memorandum from the Attorney
General captioned "The Problem."
The third is a draft statement for the President
prepared by the White House.
The fourth attachment is a final draft of the
options to be presented to the President.
Our proposal was discussed at length but rejected
in favor of a variation of the Attorney General's.
STAT
Specidi Counsel to the Director
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MEMORANDUM
To: The President
From: Robert McClory, M.C.
Date: September 23, 1975
The four Republican Members of the House Select Committee on
intelligence met on Tuesday, September 23, and agreed that the procedures
adopted at the Full Committee meeting on September 17 should be accepted
by the Executive Branch as a reasonable method for receiving classified
materials necessary to our investigation.
While the 24-hour notice for comments by the intelligence agencies
may appear too restrictive in some instances, the time element had general
support -- for the reason that the intelligence.agencies are centered in
this area.. It was understood that in cases where a longer period of time
was required, this would be considered by the Committee -- without
specifying this additional time element in the statement of procedures.
There was also general agreement by the Republican Members that
the subpeonas heretofore issued should be complied with in reliance upon
the new procedures adopted by the Committee. It is further the position
of all of the Republican Members on the Committee that the procedures adopted
by the Committee are in substantial compliance with the request directed to
the Chairman of the Committee by Mr. McClory. Mr. McClory's letter was
read on the telephone to Mr. Hills before delivery to the Chairman.
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The Problem
I gather there is no doubt that there is a widespread
feeling in Congress that it has the right to declassify
documents. Documents are often overclassified. There,
perhaps, is a feeling in the Executive branch that the
declassification or publication of any classified document
by a Congressional Committee threatens the whole classification
system. The committees may not wish to give the Executive
the necessary time to review documents line by line; the
Executive branch may feel that to do this (as is required
for other purposes in the Freedom of Information Act) is
an enormous, time-consuming job.
.There is a feeling in Congress that it should be
and is the dominant branch. One congressman of some distinction
indicated to me he did not believe that checks and balances
were supposed to apply to Congress. There i_ a feeling in
the Executive branch that a weakening of the President's
position on maintaining co,fidentiality will have serious
defense or international effects.
The two branches, unintentionally perhaps, may be
on a collision course, with an escalation of the tension
making a workable solution difficult. The result may be
litigation with uncertain effects.
Lawyers for the Executive and lawyers for the Congress
can read the same source materials as to the law and come
to very different conclusions. On balance, if the Executive
can maintain a reasonable position, I believe time is on
the Executive's side. That is, the later the litigation
comes, the more likely I think the Executive will be to
have a favorable decision, provided the Executive's position
is not perceived as unreasonable in the meantime.
For the sake of good government and the safeguarding
of sensitive materials, it is essential that Congress feel
it has a responsibility to protect confidentiality.
Court Strategy
The basic proposal for court strategy is that
everything be done to make sure that the Executive position
is a reasonable one. For this reason, the withholding of all
classified documents, whether really sensitive or not, while
it produces a confrontation, will jeopardize the flx=*cuti.ve's
position in court. It may be that .a court will not require
that the documents be examined in camera. But in my judgment
there is a considerable chance it may, ,,hich it is foolish to,
ignore. The presence of many documents, or parts of document.,,
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which the Court believes could be safely given to the Com-
mittee, even though the Committee might decide to publish
them, is a threat to the Executive's position. I believe
it would help with the Court strategy also if the Executive
has suggested a procedure to the Congress.
Compromise Strategy
I doubt if the present withholding of documents
should be continued. Rather, the Executive Branch should
notify the Committee that the Executive Branch is going
over the documents to make sure that the most sensitive
information, where publication would be particularly harm-
ful, is removed.
If the Committee releases information where the
harm is genuine, this should be clearly pointed out.- I
think there has been some reluctance to do this for fear
the explanation will increase the harm. But I think such
a step will be necessary. The country does not understand,
for example, the implications of the four words.
The Executive should propose a procedure whereby
it a Committee wisnes the whole or part of a document to be
published, it agrees to (1) consult with the Executive;
(2) to give the Executive an opportunity to make a judgment;
(3) has an appellate procedure within the Congress to make a
determination; (4) the top reviewing group will confer with
the President before making its determination. The proposal
could be adopted as an experimental working procedure if
necessary. In any case, the President should reserve, as he
must, since he cannot give it away, his own privilege to be
used, if necessary when requests for documents to him are
made.
9/23/75
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9/23/75
6:00 p.m.
STATEMENT BY THE PRESIDENT
A dispute has arisen between the Executive branch and
the Select Committee of the House of Representatives, which
is reviewing intelligence activities of the Federal govern-
ment. The only question concerns whether one Congressional
committee may unilaterally declassify highly sensitive
national security materials and release them to the public
without Executive branch coordination.
I will y legitimate inquiries
by the Congress. I will not allow the use of national security
classification to cover up the failure of our intelligence
community or conceal criminal activi'..y. At the very begin-
ning of the current hearings by the Senate and the House, I
ordered all Executive branch agencies to fully cooperate with
both committees and to provide the materials requested in a
manner consistent with my Constitutional responsibility to
protect national security.
pa raph cV, the atorney,g nera
the President
to withhold infox,,Aation]
I am in no way challenging the power of-Congress or ques-
tioning their status as a co-equal branch of government. I
am simply stating that I cannot abdicate my responsibility to
safeguard critical materials which, if released -f i
could jeopardize the security of our country. I am absolutely
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