LEO CHERNE PAPERS, (1969) 1973-77 (1986)

Leo Cherne's career spanned more than fifty years. Cherne, an economist, first gained prominence in the private sector, as Executive Director of the Research Institute of America, founded to translate complex government legislation for the businessman; Chairman of the Executive Committee of Freedom House, established to advance the struggle for freedom at home and abroad; and Chairman of the International Rescue Committee, formed to assist democratic leaders, scholars, and others to escape Fascism, Communism, and other forms of totalitarianism. He maintained these positions for the greater part of his career. Cherne also served many Presidents, from Roosevelt to Bush, in a variety of capacities. These roles were primarily on an intermittent consultant basis, and included service as economic advisor to General Douglas MacArthur, memberships on the U.S. Select Committee for Western Hemisphere Immigration and the U.S. Advisory Commission on International Educational and Cultural Affairs, as well as his activities on the President's Foreign Intelligence Advisory Board (PFIAB) and the Intelligence Oversight Board (IOB).

The majority of papers from Cherne's career are at Boston University Special Collections. The official records of the International Rescue Committee are at the Hoover Institution at Stanford University.

Of the Cherne papers at the Ford Library, approximately four-fifths concern his activities as member, then chairman, of PFIAB. The remainder concerns his activities as member of the IOB during the Ford Administration. The collection does not include material from Cherne's return to PFIAB, 1981-90, as vice chairman under Presidents Reagan and Bush. These records were, prior to donation, separated by PFIAB officials for shipment to the Reagan Library. Described below under separate headings are Cherne's role in PFIAB and the IOB, the scope and content of his papers, and related materials in other Ford Library collections.

PFIAB, the IOB, and Leo Cherne
In the year preceding Cherne's selection as chairman of PFIAB and his appointment to the IOB in 1976, the Church Committee, the Pike Committee, and the Rockefeller Commission engaged in exhaustive investigations of the intelligence community (comprised of the CIA, Departments of State, Treasury, and Defense, ERDA, FBI, NSA and others). The investigations examined charges of intelligence agency abuses accumulated over the course of more than twenty-five years.

In the year preceding Cherne's selection as chairman of PFIAB and his appointment to the IOB in 1976, the Church Committee, the Pike Committee, and the Rockefeller Commission engaged in exhaustive investigations of the intelligence community (comprised of the CIA, Departments of State, Treasury, and Defense, ERDA, FBI, NSA and others). The investigations examined charges of intelligence agency abuses accumulated over the course of more than twenty-five years.

These allegations resulted in widespread distrust of the entire intelligence community, and an increased concern as to whether intelligence agencies could exist and operate within the law. President Ford responded to these developments on February 17, 1976, by issuing Executive Order 11905, the first major reorganization of the intelligence community since 1947. This order, in addition to restructuring the intelligence community and establishing guidelines for the intelligence agencies, created the Intelligence Oversight Board.

Upon taking office, President Ford continued PFIAB in the form established by Richard Nixon in 1969 through Executive Order 11460. In 1976 President Ford expanded PFIAB's membership from ten to seventeen, and chose Leo Cherne, appointed in 1973, to succeed (Ret.) Admiral George W. Anderson, Jr., as PFIAB chairman. Ford also placed Cherne on the IOB, along with fellow PFIAB members Robert D. Murphy (as chairman) and Stephen Ailes. The memberships overlapped because Executive Order 11905 stated that IOB members could also serve on PFIAB.

Cherne served in this dual capacity until President Carter dissolved PFIAB and replaced the IOB membership five months after taking office. PFIAB was eliminated because Carter thought the National Security Council system and the intelligence community had been restructured to effectively review and assess foreign intelligence activities. Cherne rejoined PFIAB as vice chairman when President Reagan reactivated the Board in 1981.

In addition to overlapping memberships, composed of private citizens with various disciplines and backgrounds, PFIAB and the IOB shared other similarities. Cherne and the members of both Boards were paid as citizen consultants on a per diem basis, and permitted to work only so many days per year. In addition, the offices of PFIAB and the IOB were located in the Old Executive Office Building, and both made due with small budgets and staffs.

While similarities existed, the responsibilities of the two boards differed markedly. PFIAB focused on the objectivity and quality of intelligence, while the IOB addressed propriety and legal compliance within the intelligence community.

PFIAB strived to stimulate creativity, give birth to new ideas, and encourage the development of new techniques and concepts. The Board intended to assure that the intelligence gathering process met the specific intelligence needs of the President and his principal advisors.

As PFIAB chairman, Cherne met several times with the President and his two closest White House aides involved with intelligence, Counsellor John Marsh and Counsel Philip Buchen. This access no doubt helped shape PFIAB meeting agendas, set by Cherne and the Board's Executive Secretary, Wheaton Byers.

PFIAB met on the first Thursday and Friday of every other month, with ad hoc committee meetings as required. During its meetings, the Board met with various intelligence principals, Cabinet officers, and other officials as necessary. When necessary, PFIAB, due to its limited staff, used consultants and relied on elements of the intelligence community for additional assistance. The Board reported directly to the President.

The IOB met according to need and averaged one formal meeting every 3 or 4 weeks. Between meetings there was frequent contact between the Board and its staff. In order to provide the members of the Board with an understanding of current intelligence agency practices and personnel, the staff frequently met with representatives of the intelligence community.

In addition, Executive Order 11905 required all elements of the intelligence community to report to the IOB, at least once quarterly, concerning any activities which raised a question of legality or propriety. Since the general counsels and inspector generals of the intelligence agencies did the reporting, they, in effect, acted as field staff for the IOB. The IOB also received annual reports from the heads of departments and agencies comprising the intelligence community, as well as allegations, regarding intelligence agency improprieties, from other employees of intelligence agencies, and from members of the public.

Scope and Content of the Cherne Papers
Some of the collection's strongest materials concern the origins and administration of PFIAB and the IOB. The papers also document Cherne's informal exchanges of advice and comments with many people prominent in the intelligence community, such as William E. Colby, William E. Simon, and Edward Teller, during a time of intense controversy. Cherne's interest in the collection of economic intelligence is evident in several special instances. Other files often include published material related to the boards, while there are virtually no files on specific intelligence operations.

However, there are few or no formal files about PFIAB and IOB meetings. Official PFIAB and IOB records are located at their respective offices in Washington, D.C.

Related Materials (April 1991)
Related materials on PFIAB and the IOB are located in several other Library collections. One good source is the White House Central Files subject categories FG 208 (President's Foreign Intelligence Advisory Board) and FG 422 (Intelligence Oversight Board). White House staff files containing documentation on PFIAB and the IOB include those of Staff Secretary James E. Connor, the Presidential Handwriting File, and the White House Records Office: Legislation Case Files.

The 1975-76 intelligence investigations and reorganization of the intelligence community are extensively documented in many Library collections.