INTELLIGENCE COMMUNITY ORGANIZATION AND FUNCTIONS BOOK I

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79M00062A000600020001-2
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 235
• Document Creation Date: December 16, 2016
• Document Release Date: August 17, 2005
• Sequence Number: 1
• Content Type: BOOK

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INTELLIGENCE COMMUNITY ORGANIZATION AND FUNCTIONS
BOOK I
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INTELLIGENCE COMMUNITY ORGANIZATION AND FUNCTIONS
TAB
CONTROL AND DIRECTION OF U.S. FOREIGN INTELLIGENCE ACTIVITIES. 1
Chart and descriptive text
COMPONENTS OF THE INTELLIGENCE COMMUNITY 2
Chart and descriptive text
ROLE OF THE DCI 3
Chart and descriptive text updated from presentation
prepared for Director Colby's discussion with Senator
Church's investigating committee in December 1975
EXECUTIVE BRANCH OVERSIGHT OF THE INTELLIGENCE COMMUNITY
NATIONAL SECURITY COUNCIL 4
Chart on semi-annual review responsibilities and
descriptive text
OPERATIONS ADVISORY GROUP 5
Chart and descriptive text
INTELLIGENCE OVERSIGHT BOARD 6
Chart and descriptive text
COMMITTEE ON FOREIGN INTELLIGENCE 7
Chart and descriptive text
CONGRESSIONAL OVERSIGHT
SENATE SELECT COMMITTEE ON INTELLIGENCE 8
Chart and descriptive text
OTHER OVERSIGHT COMMITTEES 9
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TAB
NATIONAL FOREIGN INTELLIGENCE BOARD 10
Organization chart and chart on distribution of NFIB
activities over a typical year; descriptive text
DCI COMMITTEES 11
Charts listing committees, chart on parent organiza-
tions of participants and chart on number of personnel
involved with each committee; descriptive text
INTELLIGENCE COMMUNITY STAFF 12
Charts and descriptive text on:
Functions
Organization
Involvement with CFI
Involvement with NFIB
Involvement with DCI responsibilities
INTELLIGENCE RESEARCH AND DEVELOPMENT COUNCIL 13
Chart and descriptive text
PRESIDENT'S FOREIGN INTELLIGENCE ADVISORY BOARD 14
Membership listing and text
ONNEXES
EXECUTIVE ORDER 11905 (Text) A
ANNOTATIONS TO E.O. 11905 (Text)
BRIEFING, "OPERATIONS OF THE INTELLIGENCE COMMUNITY UNDER
E.O. 11905"
Text of presentation prepared for DCI use in future
briefing of Senator Huddleston and his Charters
Subcommittee of the Senate Select Committee on
Intelligence
SENATE RESOLUTION 400
BRIEFING, "THE FUTURE DIRECTION OF THE INTELLIGENCE COMMUNITY".
Text of presentation drafted for DCI in preparation for
the 28 September meeting with Senator Hathaway and his
Subcommittee on Budget Authorization of the Senate Select
Committee on Intelligence
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TAB
IC STAFF DIRECTIVE NO. 8, "INTELLIGENCE COMMUNITY STAFF
ORGANIZATION AND MANAGEMENT", 8 OCTOBER 1976
DCI MEMORANDUM FOR THE DDCI AND THE D/DCl/IC, "DELEGATION OF
AUTHORITY FOR THE PERFORMANCE OF YOUR DUTIES", 22 JULY 1976 .
"THE ORGANIZATION OF AMERICAN INTELLIGENCE"
A 12 August 1976 22-page text prepared by the D/DCl/NI
and provided as background to President-Elect Carter as
part of his intelligence orientation briefings. It is
marked, "For Official Use Only".
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THE INTELLIGENCE COMMUNITY
? Central Intelligence Agency
? National Security Agency
? Defense Intelligence Agency
? Special offices in DoD for specialized intelligence
collection through reconnaissance
? Intelligence elements of Army, Navy, Air Force
? Intelligence element of the FBI
? Intelligence element of State Department
? Intelligence element of Treasury Department
? Intelligence element of ERDA
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COMPONENTS OF THE INTELLIGENCE COMMUNITY
Executive Order 11905 defines the component elements
of the Intelligence Community as listed in the chart at
the left.
The "national programs" which account for about
C;;;;;L
Intelligence Program are:
of the resources in the budget for the National
Foreign
-- The Central Intelligence Agency;
-- The National Security Agency and those elements
of the Army, Navy and Air Force cryptologic
services subject to NSA taskin2 and control.
The other organizational elements listed on the chart
are "departmental programs." They provide inputs to national
intelligence, but exist primarily for departmental purposes.
The listed organizations vary markedly in size./
The Committee on Foreign Intelligence, which has respon-
sibility under E.O. 11905 to designate which departmental
intelligence programs are to be included in the National
Foreign Intelligence Program, decided to include:
Those Army, Navy and Air Force intelligence
elements which are in the Defense Department's
Program Three, "Intelligence and Communications;"
The Bureau of Intelligence and Research of the
Department of State;
The Intelligence Division of the Federal Bureau
of Investigation;
The Treasury Department's Special Assistant to
the Secretary for National Security and his staff;
The Deputy Assistant Administrator for National
Security and his staff in the Energy Research
and Development Administration.
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ROLE OF THE DCI
Chairman, Committee on Foreign Intelligence (CFI)
Executive head of the CIA and Intelligence Community Staff (ICS)
Primary advisor to the President on foreign intelligence
Principal spokesman to the Congress for the Intelligence Community
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National Intelligence Officers
Deputy to the DCI for the National Intelligence
SOVIET UNION AND EASTERN EUROPE STRATEGIC PROGRAMS
WESTERN EUROPE CONVENTIONAL FORCES
CHINA ECONOMICS AND ENERGY
JAPAN AND THE PACIFIC AREA
SOUTH AND SOUTHEAST ASIA/AFRICA
MIDDLE EAST
LATIN AMERICA
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THE NATIONAL FOREIGN INTELLIGENCE PROGRAM
One of the most important responsibilities of the DCI is
the annual development of the National Foreign Intelligence
Program and the budget which supports this program.
All the resources of the organizations identified as
part of the Intelligence Community are included in the NFIP.
From 1947 until the mid-1960s the DCI had no responsibility
for the program and budget of any intelligence organization
other than the CIA.
As the United States entered the space age and the
potentialities of collecting intelligence from space began
to emerge, the CIA and the Air Force were in strenuous
competition in the development of capabilities in space.
To improve management of the overall effort, the Deputy
Secretary of Defense and the DCI signed a Memorandum of
Understanding in August 1965, one result of which was
establishment of an Executive Committee with responsibility
for decisions on the program and budget of U.S. intelligence
activities in space.
Members of the EXCOM originally were the Deputy Secretary
of Defense, Chairman, the DCI and the President's Science
Advisor.
Following abolishment of the Science Advisor post, and
appointment of an Assistant Secretary of Defense for Intelli-
gence, the EXCOM became a two-man organization, with the DCI
as Chairman and the Assistant Secretary working with him.
The next step toward expanding the DCI role with regard
to Community resources and budgets came in the President's
memorandum of 5 November 1971 on "Organization and Management
of the U.S. Foreign Intelligence Community," which was reflected
in the February 1972 revision of NSCID No. 1.
The President's 1972 directive markedly expanded the DCI's
responsibilities, but did nothing to increase his actual
authority.
The DCI was charged in this directive, among other things,
to develop an annual National Foreign Intelligence Program/
Budget for the entire Intelligence Community and submit it to
the President through the Office of Management and Budget.
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The President established an Intelligence Resources
Advisory Committee, which the DCI chaired, and which advised
him on budget and program matters.
During the discussions in late 1975 and early 1976 which
led to issuance of Executive Order 11905 on 18 February of
this year, considerable attention was paid to the role of the
DCI and the problem of developing a budget and program for
the entire Intelligence Community.
The result, in this field, was the provision in the
Executive Order for establishment of the Committee on Foreign
Intelligence as an element of the National Security Council
structure.
The DCI is chairman of the CFI and other members are
the Deputy Secretary of Defense, and the Deputy Assistant
to the President for National Security Affairs.
Among the responsibilities assigned to the CFI is that
it, "shall control budget preparation and resource allocation
for the National Foreign Intelligence Program" and "shall
review and amend as it deems appropriate" the budget for the
NFIP before it is submitted to the Office of Management and
Budget.
To date the CFI has devoted primary attention to the
NFIP budget for FY 1978, although it also provided a Community
reclama to the Senate and House conference on the FY 1977
budget and accomplished a number of other tasks such as
revision on the NSCIDs to bring them into consonance with
the Executive Order 11905.
This Order makes the DCI responsible to "ensure the
development and submission of a budget for the National
Foreign Intelligence Program to the CFI" and assigns the
Intelligence Community Staff responsibility to provide
staff support for the CFI.
The CFI completed its initial review of the FY 1978
program in early summer, and provided preliminary program/
budget decisions to the program managers. A sizeable number
of budget issues were identified for study.
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ControtPParifidoifearden208111.4S.CIE-ggi Nolgigfffiogircogol -2
within the NATIONAL SECURITY COUNCIL System
OFFICE OF
MANAGEMENT
& BUDGET
THE PRESIDENT
NATIONAL SECURITY COUNCIL
? President ? Sec State
? V.President ? Sec Defense
HPRESIDENT'S FOREIGN INTELL
ADVISORY BD. (PFIAB)
INTELL OVERSIGHT BOARD
(OVERSIGHT BOARD)
NSC STAFF 1?
COMMITTEE ON
FOREIGN INTELL (CFI)
?DCI ? D/SEC DEF *DAP/NSA
MI =I
DIRECTOR OF
CENTRAL
INTELLIGENCE
? NMI
INTELLIGENCE
COMMUNITY STAFF
(ICS)
OPERATIONS ADVISORY GROUP
(OPERATIONS GROUP)
? AP/NSA ? SEC STATE
?SEC DEF ? C/JCS ? DCI
---J
NATIONAL
INTELLIGENCE
OFFICERS
NATIONAL FOREIGN INTELLIGENCE BOARD
? DIA ? NSA ? STATE ? DCI ? ICS ?CIA ?TREASURY ? ERDA ?FBI
Observers: Army, Navy, A/F (Chrm) (V. Chrm)
Li
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He meets regularly with the President's Foreign
Intelligence Advisory Board.
His role as spokesman to the Congress on intelligence
matters, while time consuming, keeps him in continuing
contact with all of the Congressional committees which
have a role in intelligence oversight and in budget matters.
OPTIONS FOR CHANGE
Recognition of the anomalies in the role of the DCI has
been reflected in recent examination at senior levels of the
Government of various organizational options applicable to def-
inition of the role of the senior U.S. foreign intelligence
officer, whether or not he is termed the DCI.
The four options to which particular attention has been
given, and the PROs and CONs applicable to each are outlined
in the following paragraphs.
THE FIRST OPTION
The senior foreign intelligence officer would be a member
both of the White House Staff and of the National Security
Council. He would have supervisory and direct management
authority over the major national intelligence organizations--
CIA, NSA and NRO. The CIA would have a separate director.
The NSA and NRO would each become a statutory executive agency.
The senior intelligence officer would have responsibility for
production of national estimates and for the warning function,
and would have a staff for these purposes. Departmental and
agency intelligence would be a responsibility of the depart-
ments and the CIA. Community coordination mechanisms would
be as desired by the senior intelligence officer.
a. PROs
(1) The President and the Congress would have
one man upon whom to charge responsibility for
effectiveness of the U.S. national intelligence
effort--and that man would have the tools to carry
out the job.
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(2) The national intelligence effort would
be highly centralized through direct management
controls from the top, embracing CIA, NSA and
special reconnaissance activities.
(3) Responsibility for substantive national
intelligence of direct interest to the President
and the NSC would be located in the White House
Staff.
(4) The Intelligence Community would have a
senior spokesman with greater access to the
President than the DCI now has.
(5) Separation of the senior intelligence
officer from CIA would eliminate any charge of
favoritism from other agencies.
(6) Clear delineation of organizational
functions and responsibilities would be enhanced.
b. CONs
(1) Such extreme concentration of intelligence
authority in a single person would pose serious
problems if that person is politically motivated
and more interested in responding to policymaker
desires than in concentrating on unbiased intelligence.
(2) The Department of Defense could be expected
to object strenuously to separate executive agency
status for NSA and special reconnaissance activities,
which are now within Defense.
(3) Major legislative actions would be required.
(4) The necessary bureaucratic changes would
have a major, if only temporary, unsettling impact
within the Intelligence Community.
(5) Unless adequate coordination machinery is
provided, conflict could arise among the departmental
secretaries and the senior intelligence officer over
estimates prepared in the White House Staff and over
what is national and what is departmental intelligence.
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(6) The senior intelligence officer would
require a sizeable separate staff.
(7) The national intelligence and warning
production staff would be handicapped by lack
of direct access to the analytic base.
THE SECOND OPTION
The senior intelligence officer would be attached to
the Office of the President and serve as advisor to the
NSC. The CIA would have a separate director. The senior
intelligence officer would have responsibility for produc-
tion of national estimates and for the warning function.
Budgets of the CIA, NSA and special reconnaissance activities
would require approval of the senior intelligence officer,
but he would have no direct management authority over these
organizations. NSA and conduct of special reconnaissance
activities would remain, as now, within the Department of
Defense structure. The senior intelligence officer would
serve as Inspector General of the Community for the President
a. PROs
(1) Some of the PROs for this option are the
same as those for Option One:
(a) Increased access to the President
by an intelligence spokesman.
(b) Separation of the senior intelligence
officer from CIA to reduce any charges of
favoritism.
(c) Responsibility for production of
national estimates would still be in the
White House Staff though the resources for
producing them would be elsewhere.
(2) Other PROs directly applicable to the
second option are these:
(a) The senior intelligence officer would
not be burdened with administrative management
chores since he would not have management
responsibility for CIA, NSA and special reconnaissance
activities, but he still would hold a strong hand
through his budget approval authority.
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.1.
(b) Little legislative action would be
required.
(c) Defense Department objectives might
be less strong than in the case of Option One.
b. CONs
(1) The CONs for this option also include some
of those applicable to Option One.
(a) Location of the senior intelligence
officer within the White House Staff would
increase the risk of politicization of the
intelligence effort.
(b) There would be a major, even if only
temporary, unsettling effect within the Intelligence
Community.
(c) The senior intelligence officer's staff
for production of substantive intelligence would
be handicapped by lack of direct access to the
analytic base.
(d) Unless coordination mechanisms were
particularly effective there would be risk
of conflicts with departmental secretaries over
the content of estimates produced by the senior
intelligence officer and over determination as
to what are national and what departmental
intelligence activities.
(2) Other CONs directly applicable to Option Two
are these:
(a) The line of authority of the senior
intelligence officer would be limited to budgetary
control.
(b) Budget controls might not be sufficient
to eliminate "end runs" by agency heads.
(c) Detailed control by the senior intelli-
gence officer of sensitive clandestine (CIA)
activities would be weakened by bureaucratic
barriers.
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THE THIRD OPTION
The senior foreign intelligence officer would be, as
now, the operating head of the CIA. The CIA would retain
its present function, and existing Community coordination
organs would continue. The DCI would chair Executive
Committees--or EXCOMs--for the NSA as well as for the
special reconnaissance activities. These EXCOMs would have
approval authority for programs and budgets, but the organiza-
tions would remain within the Department of Defense. Depart-
mental intelligence activities, including tactical intelli-
gence, would be solely departmental responsibilities. The
DCI would have two deputies, with appropriate staffs, one for
Community management and one for direct-management of CIA.
a. PROs
(1) The present Community structure would be
maintained and somewhat strengthened.
(2) The
DCI
would
have more responsibility
than now for
the
three
major national programs
encompassing
the
major
collection activities
(SIGINT, imagery and human source).
(3) The concept of a national intelligence
community independent of departmental or White House
pressures would be continued.
(4) Conflicts between the DCI and departmental
heads concerning departmental intelligence activities
would be minimized.
(5) The DCI would continue to serve as spokesman
before Congress for all national intelligence
activities.
(6) Bureaucratic changes would be few, so
turbulence would be minimal.
(7) No legislative action would be needed for
organizational changes.
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b. CONs
(1) The senior foreign intelligence officer
would continue to be separated from the White
House and would still be clearly subordinate to
the Secretaries of State and Defense in the NSC
structure.
(2) The DCI would have only partial authority
for non-CIA budgets and programs.
(3) Problems of DCI and CIA access to sensitive
departmental activities and communications would
continue.
(4) Some ambiguities would continue concerning
differentiation between national and departmental
or tactical intelligence activities.
(5) Adoption of this "partial" option would
mean missing an opportunity for a major reshuffling
within the Intelligence Community which would markedly
enhance the authority of the senior foreign intelligence
officer and erase the bad image which the CIA has
recently acquired.
THE FOURTH OPTION
The Intelligence Community concept would be abandoned.
The DCI would have no operating responsibilities other than
as head of the CIA. No consolidated Intelligence Community
budget recommendations would be prepared. State, Defense
and CIA would separately support intelligence needs of policy
levels of the Government. Some agency and departmental functions
could be redistributed. (An example would be transfer of CIA
responsibilities for collection and analysis of technical
intelligence to the Defense Department.)
a. PROs
(1) Visibility of CIA would be reduced, which
could assist continuation of clandestine activities.
(2) Renaming of CIA and reduction in the scope
of its responsibilities could enhance a "fresh start."
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(3) The CIA service and support structure
could be reduced somewhat.
(4) Specialized activities, such as technical
intelligence, could be concentrated in a single
department.
(5) Reduction in the analytical role of CIA
could facilitate creation of an intelligence analytic
staff in the NSC structure to produce national
intelligence.
b. CONs
(1) Resource constraints and increasing
dependence on technology in intelligence activities
emphasize the need for greater centralization of
intelligence management, not abandonment of a
Community concept.
(2) The DCI would not be able to provide
service to the Congress commensurate with what
he now does.
(3) Coordination of national intelligence
estimates and other national intelligence activities
would be much more difficult.
(4) Independence of intelligence advice and
assessments to the President and the NSC would be
much reduced. Parochial views could well replace
a broad interdisciplinary approach especially in
the technical and scientific arena.
(5) The CIA would lose much of its present
flexibility in support to the Government as a whole.
(6) Bureaucratic upheaval costs would be high.
(7) CIA would experience a major loss of
cohesion and lowering of morale.
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The decision of the President, as reflected in
Executive Order 11905, was to reject all of the options
for major change, leave the position of the Director of
Central Intelligence as it was, but clarify the statement
of his responsibilities, and reorganize arrangements for
Executive Branch oversight of the Intelligence Community
by establishment of the Operations Advisory Group, the
Intelligence Oversight Board and the Committee on Foreign
Intelligence, and by assigning new responsibilities to the
National Security Council.
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Control and Direction
POLICY DEVELOPMENT
National Security Council
? President ?Vice President
?Secretary ? Secretary
of of
State Defense
? Conduct semi-annual reviews
? needs of policy-makers and responsiveness to those needs
? scope and timeliness of product
? use of resources in collection of information
? appropriateness of cover nd sensitive collection operations
do
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NATIONAL SECURITY COUNCIL
The relatively inactive National Security Council
Intelligence Committee established in 1971 by Presidential
memorandum was disestablished by issuance of Executive
Order 11905, and the National Security Council itself was
charged (1) to provide guidance and direction to the
development and formulation of national intelligence
activities, and (2) to conduct a semi-annual review of
intelligence policies and on-going special activities.
Preparations for the first of these semi-annual reviews
are nearing completion.
The DCI's Intelligence Community Staff has prepared a
major input to this semi-annual review in the form of a study
in which a large number of interviews of senior level Govern-
ment officials was used to review the intelligence needs of
policymakers and the responsiveness of the Intelligence Com-
munity to those needs, particularly in terms of the scope
and timeliness of national intelligence products.
Two other inputs to the semi-annual review are reports
from the Committee on Foreign Intelligence and from the
Operations Advisory Group on their activities.
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Control and Direction
COVERT ACTION and SPECIAL OPERATIONS
Operations Advisory Group
(Operations Group)
? DCI
? Secretary ? Asst. to President ? Secretary ? Chairman
of for of JCS
State Nat'l Sec. Affairs Defense
(Chairman)
? Director 0 M B
Observers
? Attorney General
?
? Consider & make recommendations to President on all
proposals for special missions
? Submit periodic review to N S C on ongoing missions
? Meet formally to carr out its responsibility to make
.
recommendatio o the President.
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OPERATIONS ADVISORY GROUP
The Operations Advisory Group established by Executive
Order 11905 is charged to consider and make recommendations
to the President on all proposals for special missions--which
means on all proposed covert action programs and on sensitive
reconnaissance missions proposed by the Department of Defense.
The OAG membership includes the Secretaries of State
and Defense, whereas in the past deputy secretaries represented
these departments on National Security Council organizations--
most recent of which was the "40 Committee"--which were
responsible for review and approval of such activities.
The Congressional investigations of covert actions in
1975 and early 1976 had disclosed that "40 Committee" matters
were handled very informally at times, so Executive Order
11905 provides that the OAG must meet formally and make its
recommendations to the President in writing.
The OAG has met seven times during the first nine months
of its existence.
One of its responsibilities is to review ongoing sensitive
activities periodically and submit a report-to the National
Security Council. This report is one of the inputs the NSC
will consider as part of its semi-annual review of intelligence.
pt
:co! 1:?1* : 1O.1S52
t ? ?'?.': ), (3)
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Control and Direction
OVERSIGHT OF INTELLIGENCE ACTIVITIES
PFIAB
?..
....
? ROBERT D. MURPHY ? LEO CHERNE ? STEPHEN AILES
Intelligence Oversight Board
? Consider reports of Community IG's & General Counsels
concerning questionable activities
? Review procedures of IG's & General Counsels
? Report to President & Atty General on questionable activities
? Staff Support from non-intelligence community personnel
?
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INTELLIGENCE OVERSIGHT BOARD
The Intelligence Oversight Board is a "watchdog"
organization established by Executive Order 11905 as a
direct Executive Branch response to criticisms surfaced
during the Congressional investigations of intelligence
activities concerning alleged illegal actions and impro
prieties on the part of intelligence personnel.
The IOB has three members: Ambassador Robert D.
Murphy, a long-time top-level State Department official
prior to his retirement, as Chairman; Mr. Leo Cherne, an
economist who also is Chairman of the President's Foreign
Intelligence Advisory Board, and Mr. Stephen Ailes, a
lawyer who once was Secretary of the Army.
The Board is receiving reports at least quarterly
from the Inspectors General and General Counsels of the
various elements of the Intelligence Community concerning
activities which raise questions of legality or propriety.
Working from these reports and its own reviews of the
practices and procedures of the Inspectors General and
General Counsels and its review of the adequacy of internal
guidelines within Intelligence Community organizations, the
JOB reports its findings at least quarterly to the President
and to the Attorney General.
In addition to submission of its periodic reports, the
JOB also is charged to report to the President on a timely
basis concerning any intelligence activities which the Board
considers raise serious questions about propriety, and to
both the President and the Attorney General on any activities
that raise serious questions about legality.
The primary focus of JOB attention are the "Restrictions
on Intelligence Activities" set forth in Section 5 of Executive
Order 11905.
The various organizations of the Intelligence Community
have individually issued internal directives to implement
Section 5 of the Executive Order.
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Control and Direction
MANAGEMENT and RESOURCES CONTROL
Committee on Foreign Intelligence (CFI)
? Deputy Secretary, Defense
? DCI
(Chairman)
? Dep. Asst. to President
for Nat'l Sec. Affairs
?
Staff Support by Intelligence Community Staff
? Control Budget preparation and resource allocation for NFIP
(excl. Tactical)
? Establish management policies for the NIP
? Implement policy decisions of NSC
(Collection and Production of National Intelligence)
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SUBCOMMITTEES
OF THE
SENATE SELECT COMMITTEE ON INTELLIGENCE
SUBCOMMITTEE ON INTELLIGENCE
AND THE RIGHTS OF AMERICANS
SENATOR BAYH, Chairman
SENATOR HATHAWAY
SENATOR BIDEN
SENATOR MORGAN
SENATOR GARN, Vice Chairman
SENATOR CASE
SENATOR STAFFORD
SUBCOMMITTEE ON BUDGET AUTHORIZATION
SENATOR HATHAWAY, SENATOR GOLDWATER,
Chairman Vice Chairman
SENATOR HUDDLESTON SENATOR HATFIELD
SENATOR HART, (Colo.)
SUBCOMMITTEE ON COLLECTION, PRODUCTION AND QUALITY
SENATOR STEVENSON, SENATOR CASE, Vice Chairman
Chairman SENATOR GOLDWATER
SENATOR MORGAN
SENATOR HART, (Cob.)
AD HOC SUBCOMMITTEE ON CHARTERS AND GUIDELINES
SENATOR HUDDLESTON, SENATOR HATFIELD,
Chairman Vice Chairman
SENATOR BAYH SENATOR THURMOND
SENATOR STEVENSON SENATOR GARN
SENATOR BIDEN
Ex Officio
ON ALL SUBCOMMITTEES
SENATOR INOUYE,
Committee Chairman
SENATOR MANSFIELD,
Majority Leader
SENATOR BAKER,
Committee Vice Chairman
SENATOR SCOTT, (Pa.)
Minority Leader
0.0 78-022-h
?
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SENATE SELECT COMMITTEE ON INTELLIGENCE
The Senate Select Committee has a broad mandate under
Senate Resolution 400* to oversee the activities of United
States foreign intelligence agencies. It has jurisdiction
over all proposed legislation, messages, petitions, memorials,
and other matters relating to the Director of Central Intelli-
gence, the Central Intelligence Agency, and the intelligence
activities of all other departments and agencies. The
Committee also has jurisdiction over authorizations for
appropriations for the Director of Central Intelligence,
the Central Intelligence Agency and other Intelligence Community
agencies. The Committee is authorized to make investigations
into any matter within its jurisdiction; to hold hearings; to
require, by subpoena, the production of documents; and to take
depositions and other testimony. The Senate has expressed its
sense that all agency heads should keep the Select Committee
fully and currently informed with respect to intelligence
activities, including any significant anticipated activities,
and that they furnish the Committee any information or document
in their possession, custody, or control whenever requested by
the Select Committee.
Senator Daniel K. Inouye (D., Hawaii) was named Chairman,
and Senator Howard H. Baker, Jr., (R., Tennessee) was named
Vice Chairman.
The 15-member committee includes two members (one Democrat
and one Republican) from each of four other committees--Appro-
priations, Armed Services, Foreign Relations and Judiciary--and
seven appointed from the Senate at large (four Democrats and
three Republicans).
The committee has organized itself into four subcommittees
constituted as shown in the chart at the left.
A staff of more than 40 personnel has been assembled, with
William G. Miller as Staff Director. Mr. Miller had been Staff
Director of the Select Committee to Study Governmental Operations
with Respect to Intelligence Activities which Senator Church
headed and which conducted the widely publicized 1975-1976
Senate investigation. A high proportion of the professional
staff members working for Senator Inouye's committee also were
members of Senator Church's committee staff.
*Test of S. Res. 400 is at Annex D.
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The primary activity to date of the Subcommittee on
Intelligence and the Rights of Americans involved consideration
of proposed legislation on electronic surveillance on which the
Senate did not complete action during the 94th Congress.
Staff members of the Subcommittee on Collection Production
and Quality are engaged in the preparation of background papers
for the committee on various intelligence collection and produc-
tion programs.
The Subcommittee on Budget Authorization is gathering data
in preparation for development of an Intelligence Community
authorization figure for the FY 1978 budget.
The Subcommittee on Charters and Guidelines is expected
to become the focal point for the drafting of legislation, but
no specific proposals have as yet surfaced.
2
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OTHER OVERSIGHT COMMITTEES
Prior to establishment of the Senate Select Committee
on Intelligence, Congressional oversight of the Intelligence
Community was exercised by the Armed Services Committees of
the Senate and House. This included oversight of CIA since,
as sponsoring committees of the National Security Act of
1947, the Armed Services Committees assumed jurisdiction
over agencies created by the Act.
In addition to the Senate Select Committee on Intelligence,
Congressional oversight of the Intelligence Community is
exercised by:
a. Intelligence Subcommittees of the Senate and
House Armed Services Committees;
b. The Intelligence Operations Subcommittee of the
Defense Subcommittee of the Senate Committee on Appropriations
c. The Defense Subcommittee of the House Committee on
Appropriations;
d. On matters relating to covert actions, the Foreign
Relations Committee of the Senate and the International
Relations Committee of the House.
As sponsoring committees of the National Security Act of
1947, the Armed Services Committees of the Senate and House
assumed jurisdiction over agencies created by the Act, which
included CIA. In the House of Representatives the Armed
Services Committee continues to have oversight of CIA, but in
the Senate exclusive jurisdiction for CIA oversight has been
transferred to the Select Committee on Intelligence, which
has "sequential" jurisdiction with Armed Services and other
oversight committees, over intelligence activities of the
Defense Department and other Federal organizations.
Briefings on substantive intelligence assessments within
their jurisdictions are given upon request to other committees
of the Senate and House, either by the DCI or by CIA representa-
tives. Intelligence officers of the Defense Department also
provide briefings on request.
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During his first nine months as DCI, Director Bush not
only appeared personally several times before each of the
oversight committees and had a number of conferences with
Congressmen, either individually or in groups, but he also
presented briefings or testified before seven other committees
as follows:
Joint - Joint Committee on Atomic Energy
Joint Economic Committee
Senate - Budget
Rules and Administration
Select Committee to Study Governmental
Operations with Respect to Intelligence
Activities (the Church Committee)
House -
Government Operations
Select Committee on Drug Abuse and
Narcotics Control
2
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?
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NATIONAL FOREIGN INTELLIGENCE BOARD (NAB)
CHAIRMAN:
Director of Central Intelligence
VICE CHAIRMAN:
D/DCl/IC
MEMBERS:
CIA
DIA
OBSERVERS:
NSA
STATE
TREASURY
Intelligence Chiefs of Military Services
FBI
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ERDA
?
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THE NATIONAL FOREIGN INTELLIGENCE BOARD
The National Foreign Intelligence Board (NFIB) was
established by the DCI in May 1976 as a replacement for
the United States Intelligence Board which was abolished
by Executive Order 11905 issued by President Ford in
February 1976.
The mission of the NFIB is to advise and assist the
DCI with respect to:
a. The review and coordination of national
intelligence products;
b. The maintenance of effective interface
between intelligence producers and consumers and
the development of procedures for continuing
identification of consumer needs for intelligence;
c. The establishment of appropriate objectives,
requirements, and priorities for substantive
intelligence;
d. The review of requirements coordination
and operational guidance for intelligence collection
systems;
e. The protection of sensitive intelligence
sources and methods and of sensitive intelligence
information;
f. The development, as appropriate, of policies
regarding arrangements with foreign governments on
intelligence matters; and
g. Such other matters as the DCI may refer to
the Board for advice.
The membership of the NFIB is shown on the chart at
the left.
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- ?
ANNUAL DISTRIBUTION, BY TYPE OF NFIB ACTIVITIES*
9%
MISCS.
S.
13% SPECIAL REPORTSS.S.
S.
S.
21%
* Includes matters noted or approved
lipiit their inclusion in the agenda
eeting
;/
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ESTIMATES
5 5%
496-76
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The NFIB is the only Intelligence Community body in
which the heads of every organization in the Community
assemble as a group and jointly participate in consideration
of intelligence problems.
As indicated in the chart at the left, more than half
of the activities of the NFIB involve the review of national
intelligence estimative papers leading to a Board recommenda-
tion that the DCI approve and disseminate the document.
About one-fourth of the NFIB activities relate to
actions which come to the Board from one of the DCI Committees,
functions of which are discussed at the next Tab.
2
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DCI COMMITTEES
COLLECTION
i"Committee on Imagery Requirements and Exploitation (COMI REX)
'-'SIGINT Committee
1--Human Sources Committee (HRC)
PRODUCTION
Joint Atomic Energy Intelligence Committee (JAEIC)
Economic Intelligence Committee (EIC)
Scientific and Technical Intelligence Committee (STIC)
Weapon and Space Systems Intelligence Committee (WSSIC)
SUPPORT
Critical Collection Problems Committee (CCPC)
Committee on Exchanges (COMEX)
'---Security Committee
? Intelligence Information Hading Committee (IHC)
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,
DCI COMMITTEES
The titles of the 12 DCI Committees, as listed on the
chart at the left, are roughly descriptive of the functions
and areas of responsibility of each committee.
The present set of DCI Committees is the product of an
evolutionary process which has become an institutionalized
part of the Intelligence Community. Joint committees of one
kind or another have been a part of intelligence activities
in Washington since World War II. New committees have been
formed as needs are identified, old committees have been
disbanded when their usefulness ended.
Until issuance of Executive Order 11905 the existing
committees were titled USIB Committees. With the disestab-
lishment of USIB and the formation of the National Foreign
Intelligence Board as its replacement, the DCI Committee
title was adopted to emphasize that the committees could be
utilized as needed and would support the DCI and the Committee
on Foreign Intelligence as well as the NFIB.
The DCI appoints each committee chairman and meets
periodically with the chairmen as a group to discuss problems
with which the committees are currently concerned. Oversight
of the DCI Committees on behalf of the Director is exercised
by his Deputy for the Intelligence Community.
Most of the committee chairmen are senior CIA officers,
but the Chairman of the Human Resources Committee is an
Ambassador-rank Foreign Service Officer, the Chairman of the
SIGINT Committee is a retired USAF Major General with extensive
National Security Agency experience, and the Chairman of the
Security Committee is a former State Department official.
Members of the committees and of the subcommittees and
working groups which support them normally are trained personnel
with experience in the field for which the committee has
responsibility.
25X1
from roneral
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(1), C) (3)
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PERSONNEL AND AGENCIES
ENGAGED IN D C I COMMITTEE ACTIVITIES
COMIREX
EIC**
SIGINT
WSSIC**
Security
Human Resources
STIC
IHC**
JAEIC**
COMEX**
Personnel
Full-time Part-time
63 131
112
16 82
93
3 74
13 57
57
4 43
37
29
Number
Organizations
12
25
11
10
11
11
8
13
10
13
CCPC
12
10
*Actual number of individuals less than indicated since one person
serving on several subcommittees is counted separately for each.
? ** Includes non-N FIB represent
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? 411
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Wide differences in the continuity of action and the
scope of activities of the individual DCI Committees is
reflected in the number of personnel and the number of
organizations participating in the program of each committee
and its substructure, as depicted in the chart at the left.
The Committee on Imagery Requirements and Exploitation
(COMIREX) provides staff support to and acts for the DCI and
the NFIB in the development and implementation of national-level
guidance for imagery collection and exploitation. Much of the
committee activity is highly detailed and requires the participa-
tion of 63 full-time staffers. Another 131 personnel participate
in meetings and work with the committee on a part-time basis.
At the other end of the scale, the Critical Collection
Problems Committee (CCPC), which is a study group responsive
to specific tasking laid on it by the DCI, involves only the
part-time participation of 12 persons.
Each of the dozen principals who takes part in NFIB
activities is accorded representation on any DCI Committee
which deals with a subject in which his organization has an
interest.
As the chart at the left indicates, less than half of the
DCI Committees include representatives of all of the USIB
principals, and five committees include in their activities
representation from organizations which are not a part of the
Intelligence Community.
The program of the Economic Intelligence Committee (EIC)
includes representatives of 25 separate organizations, cutting
across the Executive Branch spectrum of the departments, agencies,
and special offices interested in foreign economic information.
The part-time participation of 112 personnel in EIC activities
makes it second only to the COMIREX in size.
Of the 100 full-time personnel on the staffs of the six
DCI Committees which have such, 75 are assigned to the DCI's
Intelligence Community Staff (ICS).
The chairmen of five committees--COMIREX, SIGINT, Security,
Human Resources, and Information Handling--are members of the
Intelligence Community Staff, and all but the Security Committee
Chairman serve as division chiefs in ICS.
2
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PARENT ORGANIZATIONS OF PERSONNEL ENGAGED
IN DCI COMMITTEE ACTIVITIES
NFIB Organization
Full-time Part-time*
CIA 6 147
DIA 10 101
Air Force 3 85
NSA 1 81
Army 3 65
IN 68
Navy 2 59
ERDA - 30
Treasury - 19
FBI - 18
Subtotal 25 673
Other - 67
Intelligence Community Staff 75
TOTAL 100 740
*Actual number of individuals is less than indicated since one
person serving on several s ommittees is counted separately
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NtY Ln ti L
?
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One of the functions of the DCI Committees is educa-
tional since the committee activities enable representatives
of the various organizations of the Intelligence Community
to keep abreast of what is going on within the specialized
areas with which each committee deals and to contribute their
individual expertise.
As the statistics on the chart at the left indicate, the
various organizations participating in NFIB activities con-
sider it worthwhile to have sizeable numbers of their personnel
take part in activities of the committees and their subcommittees
and working groups.
Nearly 10 percent of the participants are from organiza-
tions that are not a part of the Intelligence Community. Most
of these personnel are involved in work to which an input of
foreign economic intelligence is important.
Even those organizations that have relatively few pro-
fessional personnel engaged in foreign intelligence matters--
INR/State, ERDA, Treasury and the FBI--are active participants
in the committee program. ERDA, which has only seven intelli-
gence personnel, manages to take part in thirty committees and
subcommittees.
CIA provides more full-time participants in DCI Committee
work than does the rest of the Community combined, as indicated
in the following tabulation:
Detailed to
ICS
Other
Total
CIA
53
6
59
DIA
9
10
19
Air Force
4
3
7
Army
4
3
7
NSA
3
1
4
State
2
2
Navy
2
2
75
25
100
3
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THE INTELLIGENCE COMMUNITY STAFF
Supports the Director of Central Intelligence in four areas:
? RESOURCES MANAGEMENT
? COLLECTION ASSESSMENT
? PRODUCT IMPROVEMENT
? COORDINATION AND PLANNING
O
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INTELLIGENCE COMMUNITY STAFF
The Intelligence Community Staff (ICS) is the staff arm
of the Director of Central Intelligence for the execution of
his Community responsibilities. Presently located at CIA
Headquarters, it is organizationally separate from the CIA
and is scheduled to move soon to 1724 F Street in downtown
Washington. The ICS has a separate line authorization of
$5.6 million in the FY 1977 budget.
As indicated at the chart on the left, the ICS supports
the DCI in four primary areas--resource management, collection
assessment, product improvement, and coordination and planning.
A detailed description of functions of the staff is at
Annex F, IC Staff Directive No. 8, "Intelligence Community
Staff Organization and Management," 8 October 1976.
The ICS had its inception in 1963 when DCI John McCone
established the National Intelligence Programs Evaluation
Staff to assist him with Community matters. The NIPE was
enlarged and retitled the Intelligence Community Staff by
DCI Richard Helms in early 1972 in response to the added
Community responsibilities assigned to the DCI in the President's
memorandum of 5 November 1971 on "Organization and Management of
the U.S. Foreign Intelligence Community."
The NIPE Staff and the original Intelligence Community
Staff were manned entirely by CIA officers and a few contract
personnel until Dr. James Schlesinger became DCI in 1973. He
decided the ICS should be headed by an active duty military
officer and have a manning more representative of the Community
as a whole. Lieutenant General Lew Allen, USAF, later to be
Director of the National Security Agency, became the first
military officer to serve as Deputy to the DCI for the Intelli-
gence Community. Active duty officers were detailed to the
ICS from the four military services and civilian personnel
were detailed from the State Department, Defense Intelligence
Agency, and National Security Agency as well as from CIA.
Exompt from goneral
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,mcz !alo Z:1 (1) 2 (3)
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Dv:() ,.::;;1713 to Dotormino
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Subsequent D/DCl/ICs were Lieutenant General Daniel 0.
Graham, USA, who left to be Director, Defense Intelligence
Agency, and Lieutenant General Samuel V. Wilson, USA, currently
the Director, Defense Intelligence Agency. The current D/DCl/IC
is I who is the first four-star
military officer to have an intelligence assignment since the
early 1960s.
The role and responsibilities of the ICS were enlarged
when Executive Order 11905 created the Committee on Foreign
Intelligence and charged the ICS to provide staff support to
the Committee.
2
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OFFICE OF COMMUNITY DEPUTY
Deputy/DCl/IC
Assoc Deputy/DCWIC
Executive Officer
?
Executive Staff
CFI/NFIE Executive Secretariat
Support Staff
Registry
Office of Policy
and Planning
..5.1110.11.1
,000,00010110001.
Policy and Plans
Division
HInformation Handling
Division
Security
Committee
Office of Program &
Budget Development
Data Support Group
Program & Budget
Development Div.
Program Analysis
Division
Of
Attachment 1
Office of Performance,
Evaluation &Improvement
Integration Staff
SIGINT
,Division
Imagery
Division
Human Resources
Division
ommosmoommem.4
Production,Assessment
81 Improvement Div.
?? 4111 ? . ? ,?
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9 SIG INT Assessment
? SIG INT Committee
Support
O Imagery Analysis
COM1REX Support
,
*Management Support
? HRC Sgport
*Performance & Evaluati
*Crisis Intelligence & Pro
'--",,ovement
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Flow of Intelligence Community Activities
National Foreign
Intelligence Board
DCI
Committees
Director of
Central Intelligence
Committee on
Foreign Intelligence
Deputy DCI for
Community
Associate Deputy
DCI for Community
Intelligence
R & D Council
Policy
and Planning
Programs
and Budget
SUPPORT SUPPORT
?
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Performance , Evaluation
and Improvement
DCI ACTIVITIES
CFI ACTIVITIE
NFIB ACTIVITI
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The organization of the Intelligence Community Staff,
depicted on the chart at the left, is designed to facilitate
ICS action to (1) assist the DCI in his supervision and
guidance of the Community, (2) serve as the Committee on
Foreign Intelligence staff, and (3) develop requirements
system for and assess the performance of national intelligence
collection and production.
The DCI-approved Table of Organization for the ICS
includes the following numbers of personnel:
Office of the Community Deputy (OCD) 37
Office of Policy and Planning (OPP) 20
Office of Program and Budget Development (OPBD) 31
Office of Performance, Evaluation and
Improvement (OPEI) 108
TOTAL: 196
This Table of Organization includes 75 full-time staff
members of five DCI Committees as follows:
OPP: Information Handling Committee (in the Information
Handling Division)
Security Committee
OPEI: SIGINT Committee (in the SIGINT Division)
COMIREX (in the Imagery Division)
Human Resources Committee (in the Human Resources
Division)
Mission and functions of the various elements of the ICS
are described in detail in the ICS Staff Directive No. 8 at
Annex F.
In essence, the primary functions of the three ICS
offices are to:
OPP : Draft the DCI guidance and planning documents
and the annual report of the DCI on the
Intelligence Community
OPBD: Prepare the National Foreign Intelligence Program
documents and support the CFI in its annual program
review and budget cycle
OPEI: Support the DCI, CFI and NFIB in evaluating and
improving the performance of national intelligence
collection and production activities, systems and
programs and in validation of imagery and SIGINT
collection requirements.
A listing of key ICS personnel and a description of current
ICS publications follow.
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ICS INVOLVEMENT IN CFI
RESPONSIBILITIES
CFI Tasks from E.O. 11905
Control NFIP budget preparation and resource
allocation
Establish policy priorities for national intelligence
collection and production
Supporting ICS
Office
OPBD
All
Establish policy for management of intelligence . OPP, OPEI & ES
Provide guidance on national/tactical intelligence
relationship All
Ensure Commuinity compliance with NSC
policy direction All
Designate activities to be included in NFIP OPBD
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As indicated in the chart at the left, offices of the
Intelligence Community Staff are involved in providing support
to the Committee on Foreign Intelligence on all six of the
tasks assigned to the CFI in Executive Order 11905.
The ICS Office of Program and Budget Development is
specifically organized and manned to prepare the necessary
documents and staff CFI actions in execution of the respon-
sibility to which the CFI has thus far devoted its primary
attention--control of budget preparation and resource alloca-
tion for the National Foreign Intelligence Program.
4
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ICS INVOLVEMENT IN NFIB ACTIVITIES
NFIB Advisory Responsibilities
(DCID 1/8)
Supporting ICS
Office
Review national products OPEI
Coordinate national products
Maintain consumer/producer interface
Develop procedures to identify consumer needs OPEI
Establish objectives/requirements/priorities OPEI & OPP
Protect sensitive sources, methods and information . OPP & OPEI
Develop policies for arrangements with foreign
Governments ES & OPEI
Such other matters as the DCI assigns All
110
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The Intelligence Community Staff provides staff support
to the National Foreign Intelligence Board with respect to
six of the eight responsibilities assigned to the NFIB in
DCID 1/8.
The ICS is not involved in the actual production of
substantive intelligence, so it has no role in assisting
the NFIB as regards coordination of national products or
maintaining a consumer/producer interface.
The Office of Performance, Evaluation and Improvement
has a division (Production, Assessment and Improvement)
specifically devoted to two NFIB responsibilities--review
of national products, and the development of procedures
to identify consumer needs.
The Office of Program and Budget Development is the
only ICS staff element not directly involved in support of
the NFIB. This is because the NFIB has no budget or resource
allocation responsibilities.
5
_
?
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?
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The scope of the Community responsibilities of the
Director of Central Intelligence and the role which the
ICS has in support of the DCI's execution of these respon-
sibilities are illustrated by the chart at the left.
The ICS is directly involved in supporting the DCI
in 13 of the 18 responsibilities assigned to him in
Executive Order 11905.
Those DCI responsibilities to which ICS activities
do not relate concern the actual production and dissemination
of national intelligence, the CIA covert action programs,
Inspector General activities, and the provision by CIA of
services of common concern to the enfire Community.
As the chart indicates, all elements of the ICS are
involved in supporting the DCI in four of his responsibilities,
the Office of Planning and Programming is the primary staff
element for four other responsibilities, the Office of Performance,
Evaluation and Improvement for an additional three, and the
Office of Program and Budget Development for the one to which
its title applies.
6
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1A
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DCI ' S INTELLIGENCE COMMUNITY STAFF
Office of Community Deputy
Deputy to the DCI for the Intelligence Community (D/DCl/IC)
Associate Deputy to the DCI for the Intelligence Community
(AD/DCl/IC)
Mr. John N. McMahon
Executive Officer (EO/IC)
Mr. Richard J. Kerr
Executive Staff
Special Assistant to the D/DCl/IC (SA-D/DCl/IC)
1A
Special Assistant to the D/DCl/IC (SA-D/DCl/IC)
1A IUSN (Ret.)
1A
1A
1A
Information Handling Division (OPP/IHD)
1A
1A
CFI/NFIB Executive Secretariat
Executive Secretary CFI/NFIB
Office of Policy and Planning
Director, Office of Policy and Planning (0/PP)
Policy and Plans Division (OPP/PPD)
Security Committee (OPP/SC)
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1A
1A
1A
1A
1A
1A
1A
1A
1A
1A
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Office of Program and Budget Development
Director, Office of Program and Budget Development (0/PBD)
Data Support Group (OPBD/DSG)
Program and Budget Development Division (OPBD/PBDD)
Program Analysis Division (OPBD/PAD)
Office of Performance, Evaluation and Improvement
Director, Office of Performance, Evaluation and Improvement (0/PEI)
Integration Staff (OPEI/IS)
SIGINT Division (OPEI/SD)
Chief
Imagery Division (OPEI/ID)
Human Resources Division (OPEI/HRD)
Production Assessment and Improvement Division (OPEI/PAID)
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Approved For Release 2005/
CURRENT I PUBLICATIONS
rtr?4-'
.SiA-RDP79M00062A000600020001-2
TITLE
PURPOSE
CONTENT
TARGET AUDIENCE
PLANNING DOCUMENTS
KIQS are designed to improve intelligence production and
collection management by providing a highly selective
list of current, critical questions for a period of
special operational attention. General criteria for
selection are that the items are not sufficiently high-
lighted under other directives and that they are
achievable within the year. The KIQs are followed up
with individual strategy reports aimed at developing
special collection and analytical strategies to enhance
the information gain and improve the analyses in each
KIQ area of concern.
In FY 1977, the KIQ
list currently con-
tains thirteen (13)
specific areas of
concern and related
questions.
All collection and
production managers
and appropriate
DCI Committee Chair-
men.
.
Key Intelligence Ques-
tions for FY 1977
DCI Goals and Objec-
tives for FY 1977
.
Provides senior Intelligence Community managers with DCI
views on the major direction toward which the Community
should strive in the coming fiscal year. Also fulfills
a Presidential and OMB request for such data,
Statement of the
purpose which Na-
tional Intelligence
serves, plus Com-
munity Goals re-
lated to specific
DCI responsibilities
found in EO 11905.
FY 1977 Objectives
are listed under
pertinent goals.
Program managers,
OMB, and possibly
the Congressional
committees.
DCI Perspectives for
Planning and Pro-
gramming (FY 1979-83)
The Perspectives provide a substantive framework within
which CFI annual program guidance may be developed and
in which program managers may find guidance for their
individual planning and programming problems.lanning
Part I, The Chang-
ing World Environ-
ment, Part II, The
Role of Intelligence])
and Part III, Impli-
cations for Intelli-
gence Planning and
Resource Management.
CFI program guidance
developers and pro-
gram managers and
staffs.
,SECRET
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Approved For Release 2005IP RDP79M00062A000600020001-2
CURRENT PUBLICATIONS
?
TITLE
PURPOSE
CONTENT
TARGET AUDIENCE
National Foreign In-
telligence Require-
ments and Priorities
for Planning and Pro-
gramming (FY 1979-83)
(NFIRP)
The NFIRP is designed to reflect the DCI Perspectives in
an explicit statement of prioritized global national
foreign intelligence requirements for planning and pro-
gramming. Currently developed, using the DCID 1/2
attachment, the NFIRP is a Community level input to the
planning and programming process.
SpecificprioritizedCFI
requirements on a
global basis stated
in geo-topicaltermsstaff,
Vol I: Priorities
1-3; Vol II: Pri-
orities 4-7.
program guidance
developers, pro-
gram managers and
and appro-
priate DCI Com-
mittees.
OTHER DOCUMENTS
A consolidated annual report by the DCI prepared for
presentation to the leaders of the Executive and Legis-
lative Branches which covers the Community's performance,
budget, and plans for the future,
Covers the entire
gamut of intelli-
gence activities,
costs, and future
plans.
The Presiaent and
his councils, Leg-
islative leaders
and staffs.
DCI Annual Report
?
-
Overview of Imagery
Satellite Issues, Ac-
tivities and Planning
This document presents a series of policy issues which
are critical to the future course of U.S. satellite
imagery activities. It is designed to inform and stimu-
late further action at the NSC and CFI level on these
issues. (The effort was originally organized to pre-
sent a National Imagery Plan.)
?
Issues requiring
national level and
CFI level decisions,bers
as well as a con-
solidated overview
of Imagery Require-
ments, collection,
exploitation, and
dissemination ac-
tivities, including
major planning
milestones and fis-
cal implications.
.
The NSA Space Policy
Committee, CFI mem-
and Community
managers.
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CURRENT PUBLICATIONS
?
TITLE
PURPOSE -
CONTENT
TARGET AUDIENCE
NSC Intelligence
Responds to the E.O. 11905 requirement that the NSC
A wide spectrum of
The NSC and the
Review
conduct a semiannual review of intelligence policies,
the needs of users of intelligence, the timeliness and
political, economic,
military, and
users and producers
(who are themselves
quality of intelligence products, and the continued
scientific/technicalprime
users) of in-
appropriateness of special activities in support of
national foreign policy objectives,
concerns; strengths
and weaknesses of
the IC; analysis of
performance in spe-
cific regions and
topics; systemic
problems of intelli-
gence management
and performance.
telligence.
..
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S
?
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5X1A
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Intelligence Research and Development Council
75X1A
Executive Director
OD/DCl/ICS
Remote Sensor
Technology
Subcommittee
Mr. H. Tyler Marcy,
ASN (R&D)
Nuclear Test
Monitoring*
Subcommittee
Mr. T.A. George,
SALT/ODDR&E
11111.11111111111 MISEMI Mil.IMO
Analysis, Processing, 15x1Al
Human Resources
and Presentation
R&D Subcommittee
Subcommittee
Mr. M. Goulder,
ODSD
1
*Being renamed ?Nuclear Munitions Detection
? Technology"
**Being formed
Analytical
Terminals
Working Group
Dr. B .ilald NRL
Image Processing
Working Group
Dr. J. Heurtley,
OASD (I)
OD/DCl/ICS
Analytic
Methodologies**
Working Group
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?
SECRET
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INTELLIGENCE RESEARCH AND DEVELOPMENT COUNCIL
The Intelligence Research and Development Council
(IR&DC), originally formed in 1973 as a subcommittee of
the since-abolished Intelligence Resources Advisory
Committee, is now a standing subcommittee of the Committee
on Foreign Intelligence.
The IR&DC is chaired by the Director of Defense
Research and Engineering and membership includes the senior
R&D officers of Intelligence Community organizations, the
Assistant Secretaries for R&D of the three military depart-
ments, and the Director of the Defense Advanced Research
Projects Agency.
The scope of IR&DC activities is illustrated by the
chart at the left.
The Council meets monthly to review proposed and ongoing
R&D projects, to assess how well programmed R&D will respond
to identified needs of the Intelligence Community, and to
identify "intelligence gaps" which could benefit from additional
research and development efforts.
The IR&DC has played a significant role in resource allo-
cation deliberations within the Community. Two recent examples
are its support for R&D in mass memory technologies that could
make the intelligence data handling problem more manageable, and
its identification of specific technologies applicable to the
maritime remote sensor program. Studies currently underway
examine human resource skills enhancement, the application of
advanced analytical methodologies to intelligence production,
and improvement in nuclear test detection capabilities. Future
plans include studies of nuclear munitions monitoring technology
and interactive analytic terminals to improve utilization of
computer-based data banks.
The Council's annual report to the Committee on Foreign
Intelligence is scheduled for publication in January 1977.
1
?
Classilieci y
r7D ri iron ,,r,ti I
1
idccler-'!".Tr.'.'?:1 ::-.11-L.F
0-7-.'.',.--,
?-?
-1
.-..",
I/1'....,-.7?*.-: ''... ... ? ?
,.''?.:
...
1
rc:o i_.:.,J......'::._-:
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1167,21
ca 1
25X1
Approved For Release 2005/08/24: CIA-RDP79M00062A000600020001-2
INTELLIGENCE RESEARCH & DEVELOPMENT COUNCIL
CHAIRMAN:
Director, Defense Research & Engineering
MEMBERS:
OSD
ARMY
DIA
CIA
NAVY
?
NSA
ARPA
AIR FORCE
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46,
Approved For Release 2005/08/24: CIA-RDP79M00062A000600020001-2
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Approved For Release 2005/08/24: CIA-RDP79M00062A000600020001-2
PRESIDENT'S FOREIGN INTELLIGENCE ADVISORY BOARD
The President's Foreign Intelligence Advisory Board
(PFIAB) was established by President Eisenhower in 1956
as the President's Board of Consultants on Foreign Intelli-
gence Activities. Reconstituted and renamed by President
Kennedy, the Board has been continued by each succeeding
President.
As a non-partisan group of distinguished private
citizens, the Board is responsible for advising the President
on the overall national intelligence effort and for recommend-
ing to him appropriate measures to increase the effectiveness
of the U.S. Intelligence Community.
In recent years, the PFIAB has reported its findings and
recommendations to the President concerning U.S. human source
intelligence; effectiveness of the Intelligence Community's
response to the needs of the economic policymakers; and the
quality of National Intelligence Estimates (NIEs), especially
those dealing with the strategic capabilities of the USSR. A
direct consequence of the Board's review of NIEs is an ongoing
experiment in competitive analysis being undertaken in connec-
tion with production of this year's estimate on "Soviet Forces
for Intercontinental Conflict: NIE 11-3/8-76."
In March of 1976, President Ford appointed Leo Cherne
Chairman of the PFIAB. Mr. Cherne, a member of the Board
since 1973, is an economist, political scientist, lawyer and
sculptor and for many years has been Executive Director of
the Research Institute of America. President Ford also expanded
the PFIAB from 10 to 17 members, noting, "By strengthening the
Board as I have done today and by giving the Board my full
personal support, I fully anticipate that the Foreign Intelli-
gence Advisory Board will continue its indispensable role in
advising me on the effectiveness of our foreign intelligence
efforts."
Traditionally, the Board meets on the first Thursday and
Friday of the even months of the year, and a regular feature
of these sessions is a briefing by the DCI. Some of the topics
discussed are in response to requests from the Board, but the
DCI also uses these meetings to draw the Board's attention to
activities of particular significance and to seek the members'
views and/or assistance on intelligence matters where appropriate.
Attachment:
List of Members
.1:
M (3)
?' c'
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Approved For Release 2005/08/24: CIA-RDP79M00062A000600020001-2
PRESIDENT'S FOREIGN INTELLIGENCE ADVISORY BOARD
Chairman
Mr. Leo Cherne, Executive Director, Research
Institute of. America, Inc., New York, New York
Members
Mr. Stephen Ailes, of Maryland, President and
Chief Executive Officer, Association of
American Railroads, Washington, D. C.
Admiral George_W. Anderson, Jr., USN (Ret.),
Washington, D. C.
Jr. Leslie C. Arends, of Melvin, Illinois,
retired Member of Congress
Dr. William 0. ?Baker, President, Bell Telephone
Laboratories, Inc., Murray Hill, New Jersey
Mr. William J. Casey, of Washington, D. C.,
counsel to the law firm of Rogers and Wells,
Washington, D. C.
Mr. John B. Connally, of Houston, Texas,
partner, law firm of Vinson, Elkins, Searls,
Connally and Smith, Houston, Texas
Dr. John S. Foster, Jr., Vice President for
Energy Research and Development, TRW, Inc.,
Palos Verdes Estates, California
Appointment Dates
June 1973 to Board,
11 March 1976 to
Chairman
11 March 1976
March 1969 (Chairman
from I May 1970 to,
11 March 1976
? 11 March 1976
December 1959
11 March 1976
December 1970
January 1971;
August 1972 -
January 1975;
11 March 1976
June 1973
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Members (continued)
Mr. Robert W. Galvin, Chairman and Chief
Executive Officer, Motorola, Inc
Chicago, Illinois
Mr. Gordon Gray, broadcast executive and former
Government official, Washington, D. C.
Dr. Edwin H. Land, Chairman of the Board,
Polaroid Corporation, Cambridge, Massachusetts
General Lyman L. Lemnitzer, USA (Ret.),
Washington, D. C.
Mrs. Clare Boothe Luce, novelist; playwright;
writer; and lecturer, Honolulu, Hawaii
Mr. Robert D. Murphy, of Washington, D. C.,
,
4111 honorary chairman, Corning International
Corporation, New York, New York
Mr. Edward Teller, of Berkeley, California,
director at large, Lawrence Livermore
Laboratory, University of California,
Livermore, California
Mr. Edward Bennett Williams, senior partner,
Williams, Coanolly and Califano, Washington,
D. C.
Executive Secretary
Mr. Wheaton B. Byers, The White House,
Room 340, Old Executive Office Building,
Washington, D. C.
Appointment Dates
June 1973
May 1961 -
May 1961.
11 March 1976
June 1973
May 1961 - June 1975
11 March 1976 -
July 1971
11 March 1976
July 1973 (served as
Special Assistant to
Executive Secretary
from 1970
2
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IN.Approved For
5/08/24: CIA-RERUIWAYocrillielbelat 19, 1976
PART III:
THE PRESIDENT
a
UNITED STATES FOREIGN
INTELLIGENCE ACTIVITIES
Executive Order 11905
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THE PRESIDENT 7703
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Title 3?The President
United States Foreign Intelligence Activities
By virtue of the authority vested in me by the
Executive Order 11905
February 18, 1976
Constitution and statutes of the United States, includ-
ing the National Security Act of 1947, as amended, and
as President of the United States of America, it is
hereby ordered as follows:
TABLE OF CONTENTS
Section Description Page
1 PURPOSE 2
2 DEFINITIONS 2
3 CONTROL AND DIRECTION OF INTELLIGENCE
ORGANIZATIONS 4
(a) National Security Council 4
(b) Committee on Foreign Intelligence 5
(c) Operations Advisory Group 6
(d) Director of Central Intelligence- 7
4 RESPONSIBILITIES AND DUTIES OF THE
INTELLIGENCE COMMUNITY 11
(a) Senior Official of Each Organi-
zation of the Intelligence
Community 12
(b) Central Intelligence Agency 14
(c) Department of State 16
(d) Department of the Treasury 17
(e) Department of Defense 18
(f) Energy Research and Development
Administration 21
Federal Bureau of Investigation 22
5 RESTRICTIONS ON INTELLIGENCE ACTIVITIES 23
(g)
6 OVERSIGHT OF INTELLIGENCE ORGANIZATIONS 31
7 SECRECY PROTECTION 35
8 ENABLING DATA 35
FEDERAL REGISTER, VOL 41, NO. 34-THURSDAY, FEBRUARY 19, 1976
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7704
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2
Section 1. Purpose. The purpose of this Order
is to establish policies to improve the quality of
intelligence needed for national security, to clarify
the authority and responsibilities of the intelligence
departments and agencies, and to establish effective
oversight to assure compliance with law in the manage-
ment and direction of intelligence agencies and depart-
ments of the national government.
Sec. 2. Definitions. For the purpose of this
Order, unless otherwise indicated, the following terms
shall have these meanings:
(a) Intelligence means:
(1) Foreign intelligence which means informa-
tion, other than foreign counterintelligence, on the
capabilities, intentions and activities of foreign
powers, organizations or their agents; and
(2) Foreign counterintelligence which means
activities conducted to protect the United States and
United States citizens from foreign espionage, sabotage,
subversion, assassination or terrorism.
(b) Intelligence Community refers to the following
organizations:
(1) Central Intelligence Agency;
(2) National Security Agency;
(3) Defense Intelligence Agency;
FEDERAL REGISTER, VOL 41, NO. 34-THURSDAY, FEBRUARY 19, 1976
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Approved For Release 2005/081/4 pcmrkspip79M00062A000600020001-2
3
(4) Special offices within the Department of
of Defense for the collection of
specialized intelligence through
reconnaissance programs;
(5) Intelligence elements of the military
services;
(6) Intelligence element of the Federal
Bureau of Investigation;
(7) Intelligence element of the Department
of State;
(8) Intelligence element of the Department
of the Treasury; and
(9) Intelligence element of the Energy
Research and Development Administration.
(c) Special activities in support of national
foreign policy objectives means activities, other than
the collection and production of intelligence and related
support functions, designed to further official United
States programs and policies abroad which are planned and
executed so that the role of the United States Government
is not apparent or publicly acknowledged.
(d) National Foreign Intelligence Program means
the programs of the Central Intelligence Agency and the
special offices within the Department of Defense for
the collection of specialized intelligence through recon-
naissance programs, the Consolidated Cryptologic Program,
and those elements of the General Defense Intelligence
Program and other programs of the departments and
agencies, not including tactical intelligence, desig-
nated by the Committee on Foreign Intelligence as part
of the Program.
FEDERAL REGISTER, VOL 41, NO. 34-THURSDAY, FEBRUARY 19 1976
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4
Sec. 3. Control and Direction of National
Intelligence Organizations.
(a) National Security Council.
(1) The National Security Council was
established by the National Security Act of 1947 to
advise the President with respect to the integration
of domestic, foreign, and military policies relating
to the national security. Statutory members of the
National Security Council are the President, the Vice
President, the Secretary of State, and the Secretary
of Defense.
(2) Among its responsibilities, the National
Security Council shall provide guidance and direction
to the development and formulation of national intelli-
gence activities.
(3) The National Security Council shall
conduct a semi-annual review of intelligence policies
and of ongoing special activities in support of national
Foreign policy objectives. These reviews shall con-
sider the needs of users of intelligence and the timeli-
ness and quality of intelligence products and the con-
tinued appropriateness of special activities in support
of national Foreign policy objectives. The National
Security Council shall consult with the Secretary of
the Treasury and such other users of intelligence as
designated by the President as part of these reviews.
FEDERAL REGISTER, VOL. 41 NO. 34-THURSDAY FEBRUARY 19, 1976
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5
(b) Committee on Foreign intelligence.
(1) There is established the Cownittee on
Foreign Intelligence (hereinafter referred to as the
CFI), which sl'Tall be composed of the Director of
Central Intelligence, hereinafter referred to as the
DCI, who shall be the Chairman; the Deputy Secretary
of Defense for Intelligence; and the Deputy Assistant
to the President for National Security Affairs. The
CFI shall report directly to the National Security Council.
(2) The CFI shall (i) control budget prepara-
tion and resource allocation for the National Foreign
Intelligence Program.
(A) The CFI shall, prior to submission
to the Office of Management and .Budget, review, and
amend as it deems appropriate, the budget for the
National Foreign Intelligence Program.
(B) The CFI shall also adopt rules
governing the reprogramming of funds within this budget.
Such rules may require that reprogrammings of certain
types or amounts be given prior approval by the CFI.
(ii) Establish policy-priorities for the col-
lection and production of national intelligence.
(iii) Establish policy for the management of
the National Foreign Intelligence Program.
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7708 THE PRESIDENT
6
(iv) Provide guidance on the relationship between
tactical and national intelligence; however, neither
the DCI nor the CFI shall have responsibility for
tactical intelligence.
(v) Provide continuing guidance to the Intelli-
gence Community in order to ensure compliance with
policy directions of the NSC.
(3) The CFI shall be supported by the
Intelligence Community staff headed by the Deputy to
the Director of Central Intelligence for the Intelli-
gence Community.
(4) The CFI shall establish such subcommittees
as it deems appropriate to ensure consultation with
members of the Intelligence Community on policies and
guidance issued by the CFI.
(5) Decisions of the CFI may be reviewed
by the National Security Council upon appeal by the
Director of Central Intelligence or any member of the
National Security Council.
(c) The Operations Advisory Group.
(1) There is established the Operations
Advisory Group (hereinafter referred to as the Opera-
tions Group), which shall be composed of the Assistant
to the President for National Security Affairs; the
Secretarie's of State and Defense; the Chairman of the
Joint Chiefs of Staff; and the Director of Central
Intelligence. The Chairman shall be designated by the
President. The Attorney General and the Directot
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of the Office of Management and Budget Or their repre-
sentatives, and others who may be designated by the
President, shall attend all meetings as observers.
(2) The Operations Group shall (i) consider
and develop a policy recommendation, including any
dissents, for the President prior to his decision on
each special activity in support of national foreign
policy objectives.
(ii) Conduct periodic reviews of programs previ-
ously considered by the Operations Group.
(iii) Give approval for specific sensitive intelli-
gence collection operations as designated by the Opera-
tions Group.
(iv) Conduct periodic reviews of ongoing sensitive
intelligence collection operations.
(3) The Operations Group shall discharge
the responsibilities assigned by subparagraphs (c) (2) (i)
and (c)(2)(iii) of this section only after consideration
in a formal meeting attended by all members and observers;
or, in unusual circumstances when any member or observer
is unavailable, when a designated representative of
the member or observer attends.
(4) The staff of the National Security Council
shallprovide support to the Operations Group.
(d) Director of Central Intelligence.
(1) The Director of Central Intelligence,
FEDERAL REGISTER, VOL. 41, NO. 34?THULS.QAY 'OMAR. -12Z6-
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8
pursuant to the National Security Act of 1947, shall
be responsible directly to the National Security-Council
and the President. He shall:
(i) Chair the CFI.
(ii) Act as executive head of the CIA and Intelli?
gence Community staff.
(iii) Ensure the development and submission of
a budget for the National Foreign Intelligence Program
to the CFI.
(iv) Act as the President's primary adviser on
foreign intelligence and provide him and other officials
in the Executive branch with foreign intelligence,
including National Intelligence Estimates; develop
national intelligence requirements and priorities;
and supervise production and dissemination of national
intelligence.
(v) Ensure appropriate implementation of special
activities in support of national foreign policy
objectives.
(vi) Establish procedures to ensure the propriety
of requests, and responses thereto, from the White House
Staff or other Executive departments and agencies to
the Intelligence Community.
(vii) Ensure that appropriate programs are
developed which properly protect intelligence sources,
methods and analytical procedures. His responsibility
within the United States shall be limited to:
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THE PRESIDENT
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(A) Protection by lawful means against
disclosure by present or former employees of the
Central Intelligence Agency or persons, or employees
of persons or organizations, presently or formerly
under contract with the Agency;
(B) providing leadership, guidance
and technical assistance to other government depart-
ments and agencies performing foreign intelligence
activities; and
(C) in cases involving serious or con-
tinuing security violations, recommending to the
Attorney General that the case be referred to the Federal
Bureau of Investigation for further investigation.
(viii) Establish a vigorous program to downgrade
and declassify foreign intelligence information as
appropriate and consistent with Executive Order No. 11652.
(ix) Ensure the existence of strong Inspector
General capabilities in all elements of the Intelligence
Community and that each Inspector General submits
quarterly to the Intelligence Oversight Board a report
which sets forth any questionable activities in which
that intelligence organization has engaged or is engaged.
(x) Ensure the establishment, by the Intelligence
Community, of common security standards for managing
and handling foreign intelligence systems, information
and products, and for granting access thereto.
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(xi) Act as the principal spokesman to the Congress
for the Intelligence Community and facilitate the use
of foreign intelligence products by Congress.
(xii) Promote the development and maintenance by
the Central Intelligence Agency of services of common
concern to the Intelligence Community organizations,
including multi-discipline analysis, national level
intelligence products, and a national level current
intelligence publication.
(xiii) Establish uniform criteria for the identi-
fication, selection, and designation of relative prior-
ities for the transmission of critical intelligence,
and provide the Secretary of Defense with continuing
guidance as to the communications requirements of the
Intelligence Community for the transmission of such
intelligence.
(xiv) Establish such committees of, collectors,
producers and users of intelligence to assist in his
conduct of his responsibilities as he deems appropriate.
(xv) Consult with users and producers of intelli-
gence, including the Departments of State, Treasury,
and Defense, the military services, the Federal Bureau
of Investigation, the Energy Research and Development
Administration, and the Council of Economic Advisors,
to ensure the timeliness, relevancy and quality of
the intelligence product.
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(2) To assist the Director of Central Intelli-
gence in the supervision and direction of the Intelli-
gence Community, the position of Deputy to the Director
of Central Intelligence for the Intelligence Community
is hereby established (Committee on Foreign Intelligence).
(3)
To assist the Director of Central Intelli-
gence in the supervision and direction of the Central
Intelligence Agency, the Director of Central Intelligence
shall, to the extent consistent with his statutory
responsibilities, delegate the day-to-day operation of
the Central Intelligence Agency to the Deputy Director
of Central Intelligence (50 U.S.C. 403(a)).
(4) To assist the DCI in the fulfillment of
his responsibilities, the heads of all departments and
agencies shall give him access to all information
relevant tO the foreign intelligence needs of the United
States. Relevant information requested by the DCI shall
be provided, and the DCI shall take appropriate steps
to maintain its confidentiality.
Sec. 4. Responsibilities and Duties of the
Intelligence Community. Purpose. The rules of operation
prescribed by this section of the Order relate to the
activities of our foreign intelligence agencies. In
some instances, detailed implementation of this Executive
order will be contained in classified documents because
of the sensitivity of the information and its relation
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to national security. All such classified instructions
will be consistent with this Order. Unless otherwise
specified within this section, its provisions apply
to activities both inside and outside the United States,
and all references to law are to applicable laws of the
United States. Nothing in this section of this Order
shall be construed to interfere with any law-enforcement
responsibility of any department or agency.
(a) Senior Officials of the Intelligence ComMunity.
The senior officials of the CIA, Departments of State,
Treasury and Defense, ERDA and the FBI shall ensure
that, in discharging the duties and responsibilities
enumerated for their organizations which relate to
foreign intelligence, they are responsive to the needs
of the President, the National Security Council and
other elements of the Government. In carrying out their
duties and responsibilities, senior officials shall
ensure that all policies and directives relating to
intelligence activities are carried out in accordance
with law and this Order, including Section 5, and shall:
(1) Make appropriate use of the capabilities
of the other elements of the Intelligence Community in
order to achieve maximum efficiency.
(2) Contribute in areas of his responsibility
to the national intelligence products produced under
auspices of the Director of Central Intelligence.
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(3) Establish internal policies and guide-
lines governing employee conduct and ensuring that
such are made known to, and acknowledged by, each
employee.
(4) Provide for a strong and independent
organization for identification and inspection of, and
reporting on, unauthorized activity.
(5) Report to the Attorney General that informa-
tion which relates to detection or prevention of possib1e
violations of law by any person, including an employee
of the senior official's department or agency.
(6) Furnish to the Director of Central Intelli-
gence, the CFI, the Operations Group, the President's
Foreign Intelligence Advisory Board, and the Intelligence
Oversight Board all of the information required for
the performance of their respective duties.
(7) Participate, as appropriate, in the
provision of services of common concern as directed by
the Director of Central Intelligence and provide other
departments and agencies with such mutual assistance
as may be within his capabilities and as may be required
in the interests of the Intelligence Community for
reasons of economy, effectiveness, or operational
necessity.
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(8)
Protect intelligence and intelligence
14
sources and methods within his department or agency,
consistent with policies and guidance of the Director
of Central Intelligence.
(9) Conduct a continuing review of all classi-
fied material originating within his organization and
promptly declassifying such material consistent with
Executive Order No. 11652, as amended.
(10) Provide administrative and support functions
required by his department or agency.
(b) The Central Intelligence Agency. All duties
and responsibilities of the Central Intelligence Agency
shall be related to the foreign intelligence functions
outlined below. As authorized by the National Security
Act of 1947, as amended, the CIA Act of 1949, as amended,
and other laws, regulations, and directives, the Central
Intelligence Agency shall:
(1) Produce and disseminate foreign intelli-
gence relating to the national security, including
foreign political, economic, scientific, technical,
military, sociological, and geographic intelligence,
to meet the needs of the President, the National Security
Council, and other elements of the United States
Government.
(2) Develop and conduct programs to collect
political, economic, scientific, technical, military,
geographic, and sociological information, not otherwise
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obtainable, relating to foreign intelligence, in
accordance with directives of the National Security
Council.
(3) Collect and produce intelligence on
foreign aspects of international terrorist activities
and traffic in narcotics.
(4) Conduct foreign counterintelligence
activities outside the United States and when in the
United States in coordination with the FBI subject
to the approval of the Attorney General.
(5) Carry out such other special activities
in support of national foreign policy objectives as
may be directed by the President or the National
Security Council and which are within the limits of
applicable law.
(6) Conduct, for the Intelligence Community,
services of common concern as directed by the National
Security Council, such as monitoring of foreign public
radio and television broadcasts and foreign press
services, collection of foreign intelligence informa-
tion from cooperating sources in the United States,
acquisition and translation of foreign publications
and photographic interpretation.
(7) Carry out or contract for research,
development and procurement of technical systems and
devices relating to the functions authorized in this
subsection.
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(8) Protect the security of its installations,
activities, information and personnel. In order to
maintain this security, the CIA shall conduct such investi-
gations of applicants, employees, and other persons with
similar associations with the CIA as are necessary.
(9) Conduct administrative, technical and support
activities in the United States or abroad as may be neces-
sary to perform the functions described in paragraphs (1)
through (8) above, including procurement, maintenance
and transport; communications and data processing;
recruitment and training; the provision of personnel,
financial and medical services; development of essential
cover and proprietary arrangements; entering into con-
tracts and arrangements with appropriate private companies
and institutions to provide classified or unclassified
research, analytical and developmental services and
specialized expertise; and entering into similar arrange-
ments with academic institutions, provided CIA sponsor-
ship is known to the appropriate senior officials of
the academic institutions and to senior project officials.
(c) The Department of State. The Secretary of
State shall:
(1) Collect, overtly, foreign political,
political-military, sociological, economic, scientific,
technical and associated biographic information.
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(2) Produce and disseminate foreign intelli-
gence relating to United States foreign policy as
required for the execution of his responsibilities
and in support of policy-makers involved in foreign
relations within the United States Government.
(3) Disseminate within the United States
Government, as appropriate, reports received from
United States diplomatic missions abroad.
(4) Coordinate with the Director of Central
Intelligence to ensure that United States intelligence
activities and programs are useful for and consistent
with United States foreign policy.
(5) Transmit reporting requirements of the
Intelligence Community to our Chiefs of Missions abroad
and provide guidance for their collection effort.
(6) Contribute to the Intelligence Community
guidance for its collection of intelligence based on
the needs of those responsible for foreign policy decisions.
(7) Support Chiefs of Missions in discharging
their responsibilities to direct and coordinate the
activities of all elements of their missions.
(d) The Department of the Treasury. The Secre-
tary of the Treasury
(1) Collect, overtly, foreign financial and
monetary information.
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(2) Participate with the Department of State
in the overt collection of general foreign economic
information.
(3) Produce that intelligence required for the
execution of the Secretary's interdepartmental respon-
sibilities and the mission of the Department of the
Treasury.
(4) Contribute intelligence and guidance
required for the development of national intelligence.
(5) Disseminate within the United States
Government, as appropriate, foreign intelligence informa-
tion acquired.
(e) Department of Defense.
(1) The Secretary of Defense shall:
(i) Collect foreign military intelligence inform-
ation as well as military-related foreign intelligence
information, including scientific, technical, political
and economic information as required for the execution
of his responsibilities.
(ii) Produce and disseminate, as appropriate,
intelligence emphasizing foreign military capabilities
and intentions and scientific, technical and economic
developments pertinent to his responsibilities.
(iii) Conduct such programs and missions necessary
to fulfill national intelligence requirements as
determined by the CFI.
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(iv) Direct, fund and operate the National
Security Agency, and national, defense and military
intelligence and reconnaissance entities as required.
(v) Conduct, as the executive agent of the United
States Government, signals intelligence activities and
communications security, except as otherwise approved
by the CFI.
(vi) Provide for the timely transmission of
critical intelligence, as defined by the Director of
Central Intelligence, within the United States Government.
(2) In carrying out these assigned respon-
sibilities, the Secretary of Defense is authorized to
utilize the following:
(i) The Defense Intelligence Agency (whose functions,
authorities and responsibilities are currently publicly
assigned by Department of Defense Directive No. 5105.21)
to:
(A) Produce or provide military intelli-
gence for the Secretary of Defense, the Joint Chiefs
of Staff, other Defense components, and, as appropriate,
non-Defense agencies.
(B) Coordinate all Department of Defense
intelligence collection requirements and manage the
Defense Attache system.
(C) Establish substantive intelligence
priority goals and objectives for the Department of
Defense and provide guidance on substantive intelligence
matters to all major Defense intelligence activities.
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(ID) Review and maintain cognizance over
all plans, policies and procedures for noncryptologic
intelligence functions of the Department of Defense.
(E) Provide intelligence staff support
as directed by the Joint Chiefs of Staff.
(ii) The National Security Agency, whose functions,
authorities and responsibilities shall include:
(A) Establishment and operation of an effective
unified organization for the signals intelligence activities
of the United States Government, except for certain opera-
tions which are normally exercised through appropriate
elements of the military command structure, or by the CIA.
(B) Exercise control over signals intelli-
gence collection and processing activities of the Govern-
ment, delegating t6 an appropriate agent specified re-
sources for such periods and tasks as required for the
direct support of military commanders.
(C) Collection, processing and dissemination
of signals intelligence in accordance with objectives;
requirements, and priorities established by the Director
of Central Intelligence.
(D) Dissemination of signals intelligence
to all authorized elements of the Government, including
the Armed Services, as requested.
(E) Serving under the Secretary of Defense
as the central communications security authority of the
United States Government.
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(F) Conduct of research and development
to meet the needs of the United States for signals
intelligence and communications security.
(iii) Special offices for the collection of
specialized intelligence through reconnaissance programs,
whose functions, authorities, and responsibilities shall
include:
(A) Carrying out consolidated programs
for reconnaissance.
(B) Assigning responsibility to the various
departments and agencies of the Government, according
to their capabilities, for the research, development,
procurement, operations and control of designated means
of collection.
(iv) Such other offices within the Department
of Defense as shall be deemed appropriate for conduct
of the intelligence missions and responsibilities assigned
to the Secretary of Defense.
(f) Energy Research and Development Administration.
The Administrator of the Energy Research and Development
Administration shall:
(1) Produce intelligence required for the
execution of his responsibilities and the mission of
the Energy Research and Development Administration, herein-
after referred to as ERDA, including the area of nuclear
and atomic energy.
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(2) Disseminate such intelligence and provide
technical and analytical expertise to other Intelligence
Community organizations and be responsive to the guidance
of the Director of Central Intelligence and the Committee
on Foreign Intelligence.
(3) Participate with other Intelligence Community
agencies and departments in formulating collection require-
ments where its special technical expertise can contribute
to such collection requirements.
(g) The Federal Bureau of Investigation. Under
the supervision of the Attorney General and pursuant to
such regulations as the Attorney General may establish,
the Director of the FBI shall:
(1) Detect and prevent espionage, sabotage,
subversion, and other unlawful activities by or on behalf
of foreign powers through such lawful counterintelligence
operations within the United States, including electronic
surveillance, as are necessary or useful for such purposes.
(2) Conduct within the United States and its
territories, when requested by officials of the Intelli-
gence Community designated by the President, those lawful
activities, including electronic surveillance, authorized
by the President and specifically approved by the Attorney
General, to be undertaken in support of foreign intelli-
gence collection requirements of other intelligence agencies.
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(3) Collect foreign intelligence by lawful
means within the United States and its territories when
requested by officials of the Intelligence Community
designated by the President to make such requests.
(4) Disseminate, as appropriate/ foreign
intelligence and counterintelligence information which
it acquires to appropriate Federal agencies, State and
local law enforcement agencies and cooperating foreign
governments.
(5) Carry out or contract for research,
development and procurement of technical systems and
devices relating to the functions authorized above.
Sec. 5. Restrictions on Intelligence Activities.
Information about the capabilities, intentions and
activities of other governments is essential to informed
decision-making in the. field of national defense and
foreign relations. The measures employed to acquire
such information should be responsive to the legitimate
needs of our Government and must be conducted in a manner
which preserves and respects our established concepts
of privacy and our civil liberties.
Recent events have clearly indicated the desirability
of government-wide direction which will ensure a proper
balancing of these interests. This section of this Order
does not authorize any activity not previously authorized
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and does not provide exemption from any restrictions
otherwise applicable. Unless otherwise specified, the
provisions of this section apply to activities both
inside and outside the United States. References to
law are to applicable laws of the United States.
ia) Definitions. As used in this section of this
Order, the following terms shall have the meanings
ascribed to them below:
(1) "Collection" means any one or more of
the gathering, analysis, dissemination or storage of
non-publicly available information without the informed
express consent of the subject of the information.
(2) "Counterintelligence" means information
concerning the protection of foreign intelligence or
of national security information and its collection
from detection or disclosure.
(3) "Electronic surveillance" means acquisition
of a non-public communication by electronic means,
without the consent of a person who is a party to, or,
in the case of a non-electronic communication, visibly
present at, the communication.
(4) "Employee" means a person employed
by, assigned or detailed to, or acting for a United
States foreign intelligence agency.
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(5) "Foreign intelligence" means information
concerning the capabilities, intentions and activities
of any foreign power, or of any non-United States
person, whether within or outside the United States, or
concerning areas outside the United States.
(6) "Foreign intelligence agency" means the
Central Intelligence Agency, National Security Agency,
and Defense Intelligence Agency; and further includes
any other department or agency of the United States
Government or component thereof while it is engaged
in the collection of foreign intelligence or counter-
intelligence, but shall not include any such department,
agency or component thereof to the extent that it is
engaged in its authorized civil or criminal law enforce-
ment functions; nor shall it include in any case the
Federal Bureau of Investigation.
(7) "National security information" has the
meaning ascribed to it in Executive Order No. 11652.
as amended.
(8) "Physical surveillance" means continuing
visual observation by any means; or acquisition of a
non-public communication by a person not a party thereto
or visibly present thereat through any means which does
not involve electronic surveillance.
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(9) "United States person" means United
States citizens, aliens admitted to the United States
for permanent residence and corporations or other organ-
izations incorporated or organized in the United States.
(b) Restrictions on Collection. Foreign intelli-
gence agencies shall not engage in any of the follow-
ing activities:
(1) Physical surveillance directed against a
United States person, unless it is a lawful surveillance
conducted pursuant to procedures approved by the head
of the foreign intelligence agency and directed against
any of the following:
(i) A present or former employee of such agency,
its present or former contractors or their present or
former employees, for the purpose of protecting foreign
intelligence or counterintelligence sources or methods
or national security information from unauthorized
disclosure; or
(ii) a United States person, who is in contact
with either such a present or former contractor or
employee or with a non-United States person who is the
subject of a foreign intelligence or counterintelligence
inquiry, but only to the extent necessary to identify
such United States person; or
(iii) a United States person outside the United
States who is reasonably believed to be acting on behalf
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of a foreign power or engaging in international terrorist
or narcotics activities or activities threatening the
national security.
(2) Electronic surveillance to intercept
a communication which is made from, or is intended by
the sender to be received in, the United States, or directed
against United States persons abroad, except lawful
electronic surveillance under procedures approved by the
Attorney General; provided, that the Central Intelligence
Agency shall not perform electronic surveillance within
the United States, except for the purpose of testing
equipment under procedures approved by the Attorney General
consistent with law.
(3) Unconsented physical searches within the
United States; or unconsented physical searches directed
against United States persons abroad, except lawful
searches under procedures approved by the Attorney General.
(4) Opening of mail or, examination of envelopes
of mail in United States postal channels except in accord-
ance with applicable statutes and regulations.
(5) Examination of Federal tax returns or tax
information except in accordance with applicable statutes
and regulations.
(6) Infiltration or undisclosed participation
within the United States in any organization for the
purpose of reporting on or influencing its activities
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or members; except such infiltration or participation
with respect to an organization composed primarily of
non-United States persons which is reasonably believed
to be acting on behalf of a foreign power.
(7) Collection of information, however
acquired, concerning the domestic activities of United
States persons except:
(i) Information concerning corporations or other
commercial organizations which constitutes foreign
Intelligence or counterintelligence.
(ii) Information concerning present or former
employees, present or former contractors or their present
or former employees, or applicants for any such employ-
ment or contracting, necessary to protect foreign
intelligence or counterintelligence sources or methods
or national security information from unauthorized
disclosure; and the identity of persons in contact with
the foregoing or with a non-United States person who
is the subject of a foreign intelligence or counter-
intelligence inquiry.
(iii) Information concerning persons Who are
reasonably believed to be potential sources or contacts,
bit only for the purpose of determining the suitability
or credibility of such persons.
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(iv) Foreign intelligence or counterintelligence
gathered abroad or from electronic surveillance conducted
in compliance with Section 5(b)(2); or foreign intelli-
gence acquired from cooperating sources in the United
States.
(v) Information about a United States person who
is reasonably believed.to be acting on behalf of a
foreign power or engaging in international terrorist
or narcotics activities..
(vi) information concerning persons or activities
that pose a cleAT- threat to foreign intelligence agency
facilities or personnel, nrovided, that such information
is retained only by the foreign intelligence agency
threatened and that proper coordination with the Federal
Bureau of Investigation is accomplished.
(c) Dissemination and Storage. Nothing in this
section of this Order shall prohibit:
(1) Lawful dissemination to the appropriate
law enforcement agencies of incidentally gathered
information indicating involvement in activities which
maybe in violation of law.
(2) Storage of information required by law
to be retained.
(3) Dissemination to foreign intelligence
agencies of information of the subject matter types
listed in Section 5(b)(7).
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(d) Restrictions on Experimentation. Foreign
intelligence agencies shall not engage in experimenta-
tion with drugs on human subjects, except with the
informed consent, in writing and witnessed by a disinter-
ested third party, of each such human subject and in
accordance with the guidelines issued by the National
Commission for the Protection of Human Subjects for
Biomedical and Behavioral Research.
(e) Assistance to Law Enforcement Authorities.
(1) No foreign intelligence agency shall,
except as expressly authorized by law (i) provide services,
equipment, personnel or facilities to the Law Enforcement
Assistance Administration or to State or local police
organizations of the United States or (ii) participate
in or fund any law enforcement activity within the United
States.
(2) These prohibitions shall not, however,
preclude: (i) cooperation between a foreign intelligence
agency and appropriate law enforcement agencies for the
purpose of protecting the personnel and facilities of
the foreign intelligence agency or preventing espionage or
other criminal activity related to foreign intelligence
or counterintelligence or (ii) provision of specialized
equipment or technical knowledge for use by any other
Federal department or agency.
FEDERAL REGISTER, VOL 41, NO. 34-THURSDAy, FEBRUARY 19 1976
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31
(f) Assignment of Personnel. An employee of a
foreign intelligence agency detailed elsewhere within
the Federal Government shall be responsible to the
host agency and shall not report to such employee's
parent agency on the affairs of the host agency, except
as may be directed by the latter. The head of the
host agency, and any successor, shall be informed of the
detailee's association with the parent agency.
(g) Prohibition of Assassination. No employee of
the United States Government shall engage in, or con-
spire to engage in, political assassination.
(h) Imp],ementation.
(1) This section of this Order shall be
effective on March 1, 1976. Each department and agency
affected by this section of this Order shall promptly
issue internal directives to implement this section
with respect to its foreign intelligence and counter-
intelligence operations.
(2) The Attorney General shall, within ninety
days of the effective date of this section of this
Order, issue guidelines relating to activities of the
Federal Bureau of Investigation in the areas of foreign
intelligence and counterintelligence.
Sec. e) Oversight of Intelligence Organizations.
(a) There is hereby established an Intelligence
Oversight Board, hereinafter referred to as the Over-
sight Board.
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32
(1) The Oversight Board shall have three
members who shall be appointed by the President and who
shall be from outside the Government and be qualified
on the basis of ability, knowledge, diversity of back-
ground and experience. The members of the Oversight
Board may also serve on the President's Foreign Intelli-
gence Advisory Board (Executive Order No. 11460 of
March 20, 1969). No member of the Oversight Board
shall have any personal contractual relationship with
any agency or department of the Intelligence Community.
(2) One member of the Oversight Board shall
be designated by the President as its ChairMan.
(3) The Oversight Board shall:
(i) Receive and consider reports by Inspectors
General and General Counsels of the Intelligence Com-
munity concerning activities that raise questions of
legality or propriety.
(ii) Review periodically the practicesand pro-
cedures of the Inspectors General and General Counsels
of the Intelligence Community designed to discover and
report to the Oversight Board activities that raise
questions of legality-or propriety.
(iii) Review periodically with each member of
the Intelligence Community their internal guidelines
to ensure their adequacy-
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33
(iv) Report periodically, at least quarterly,
to the Attorney General and the President on its findings.
(v) Report in a timely manner to the Attorney
General and to the President any activities that raise
serious questions about legality.
(vi) Report in a timely manner to the President
any activities that raise serious questions about propriety.
(b) Inspectors General and General counsels within
the Intelligence Community shall:
(1) Transmit to the Oversight Board reports
of any activities that come to their attention that raise
questions of legality or propriety.
(2) Report periodically, at least quarterly,
to the Oversight Board on its findings concerning
questionable activities, if any.
(3) Provide to the Oversight Board all informa-
tion requested about activities within their respective
departments or agencies.
(4) Report to the Oversight Board any occasion
on which they were directed not to report any activity
to the Oversight Board by their agency or department
heads.
(5) Formulate practices and procedures
designed to discover and report to the Oversight Board
activities that raise questions of legality or propriety.
(c) Heads of intelligence agencies or depart-
ments shall:
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7735
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34
(1) Report periodically to the Oversight
Board on any activities of their organizations that
raise questions of legality or propreity.
(2) Instruct their employees to cooperate
fully with the Oversight Board.
(3) Ensure that Inspectors General and
General Counsels of their agencies have access to any
information necessary to perform their duties assigned
by paragraph (4) of this section.
(d) The Attorney General shall:
(1) Receive and consider reports from the
Oversight Board.
(2) Report periodically, at least quarterly,
to the President with respect to activities of the
Intelligence Community, if any, which raise questions
of legality.
(e) The Oversight Board Shall receive staff support.
No person who serves on the staff of the Oversight Board
shall have any contractual or employment relationship
with any department or agency in the Intelligence
Community.
(f) The President's Foreign Intelligence Advisory
Board established by Executive Order No. 11460 of
March 20, 1969, remains in effect.
Sec. T. Secrecy Protection.
(a) In order to improve the protection of sources
FEDERAL REGISTER, VOL 41, NO. 34-THURSDAY, FEBRUARY 19, 1976
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THE PRESIDENT 7737
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35
and methods of intelligence, all members of the Executive
branch and its contractors given access to information
containing sources or methods of intelligence shall, as
a condition of obtaining access, sign an agreement that
they will not disclose that information to persons not
authorized to receive it.
(b) In the event of any unauthorized disclosure
of information concerning sources or methods of intelli-
gence, the names of any persons found to have made
unauthorized disclosure shall be forwarded (1) to the
head of applicable departments or agencies for appropriate
disciplinary action; and (2) to the Attorney General
for appropriate legal action.
(c) In the event of any threatened unauthorized
disclosure of information concerning sources or methods
of intelligence by a person who has agreed not to make-
such disclosure, the details of the threatened disclosure
shall be transmitted to the Attorney General for appro-
priate legal action, including the seeking of a judicial
order to prevent such disclosure.
(d) In further pursuit of the need to provide
protection for -other significant areas of intelligence,
the Director of Central Intelligence is authorized to
promulgate rules and regulations to expand the scope
of agreements secured from those persons who, as an
aspect of their relationship with the United States
Government, have access to classified intelligence
material.
FEDERAL REGISTER, VOL. 41, NO. 34-THURSDAY, FEBRUARY 19, 1976
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7738 THE PRESIDENT
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Sec. 8. Enabling Data.
(a) The Committee on Foreign Intelligence and
the Director of Central Intelligence shall provide for
detailed implementation of this Order by issuing
appropriate directives.
(b) All existingNational Security Council and
Director of Central Intelligence directives shall be
amended to be consistent with this Order within ninety
days of its effective date.
(c) This Order shall supersede the Presidential
Memorandum of November 5, 1971, on the "Organization
and Management of the U.S. Foreign Intelligence Community."
(d) Heads of departments and agencies within the
Intelligence Community shall issue supplementary directives
to their organizations consistent with this Order within
ninety days of its effective date.
(e) This Order will be implemented within current
manning authorizations of the Intelligence Community.
To this end, the Director of the Office of Management
and Budget will facilitate the required realignment of
personnel positions. The Director of the Office of
Management and Budget will also assist in the allocation
of appropriate facilities.
THE WHITE HOUSE,
February 18, 1976.
*ad/ der7v
[FR Doc.76-5010 Filed 2-18-76;12:36 pm]
EDITORIAL NOTE: For the President's remarks at his news conference of February 17, 1976, announcing a
reorganization of the intelligence community, see the Weekly Compilation of Presidential Documents (vol. 12,
no. 17).
FEDERAL REGISTER, VOL 41, NO. 34-THURSDAY, FEBRUARY 19, 1976
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Advance Orders are now being Accepted
for delivery in about 4 weeks
CODE OF FEDERAL REGULATIONS
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? ? 1
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?
MEMORANDUM FOR
FROM: JACK MARS 110t4L"..-
SUBJECT: EXECUTIVi RDER ANNOTATIONS
?
THE WHITE HOUSE
WASH I N GTON
March 10, 1976
WORKING MEMBERS OF ICG
Attached are annotations of the sident's Executive Order
on the Intelligence Community. tiese represent the consensus
of the working group which worked on the Executive Order and,
in some cases., the position the President took where there
was a split among the agencies and departments.
4111 I hope that these annotations will be of assistance to you
as you implement the provisions of the Executive Order.
?
Attachment
Distribution:
eorge Bush, CIA
Robert Ellsworth, Defense
Harold Saunders, State
Nino Scalia and Rex Lee, Justice
Bill Hyland, NSC
Don Ogilvie, OMB
Phil Buchen
Mike Duval
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Annotations (p. 3)
2 (b) (5) - (9) The "intelligence elements" referred to here do not
include organizations whose primary job is law enforcement, such
as the Internal Revenue Service, even though they may collect
intelligence for a law enforcement purpose. This term refers to
those organizations which carry out the intelligence functions
enumerated in Section 4.
(c) Special activities in support of national foreign policy objectives
means covert action.
(d) This subsection allows the CFI to determine whether a certain
program (other than those relating solely to tactical intelligence)
should be considered a part of the National Foreign Intelligence
Program. This flexibility is necessary since current budget
classifications may be changed over the years.
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Annotations (p. 7)
?
2(c)(2)(iii) Approval of sensitive intelligence collection operations
is required only when such operations have been designated by the
Operations Group. No change from past approval procedures for
certain types of overhead reconnaissance was necessarily intended}
but the Operations Group was given authority to expand the scope
of sensitive intelligence collection operations over which it would
have approval authority.
2(c)(3) This provision requires that the Operations Group meet
formally to consider proposals for new covert actions and sensitive
collection operations.
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?
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Annotations (p. 5)
(b)(1) The Deputy Secretary of Defense for Intelligence is the Deputy.
Secretary of Defense who is responsible for intelligence matters.
(b)(2)(ii) In establishing these policy priorities, the CFI will
generally be implementing the findings of the NSC in its semi-annual
review of intelligence policies and the CFI's resource decisions.
?
These policy priorities should not interfere with the DCI's responsibility
for the substantive production of intelligence national, as detailed in.
Section 3(d)(iv). The CFI is given no responsibilities for substantive
intelligence judgments; those responsibilities are the DCI's alone. A
simple example may help demonstrate the distinction between the CFI's 1
policy priority responsibilities and the DCI's substantive intelligence
responsibilities: The CFI might issue a policy that more intelligence
resources (both in collection and production) shall be allocated to
obtaining information on the oil policies of Middle Eastern nations. The
DCI alone however would be responsible for the actual intelligence
estimates of those Middle Eastern policies.
-
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Annotations (p. 8)
d(1)(ii) The DCI is executive head of the CIA under the terms of the
National Security Act; he is head of the Intelligence Community staff
as a responsibility assigned by this Executive Order (See also
Sections 3(b)(3) and 3 (d) (2).)
d (1) (vii) The primary rationale for the limitations on. the DCIts
responsibilities in protecting sources and methods in the United
States was to rule out CIA investigations of unauthorized disclosures
other than disclosures from the CIA itself. This limitation was
recommended by the Rockefeller Commission. CIA investigations will
be limited by the restrictions contained in Section 5 of the Executive
Order.
???
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Annotations (p. 10)
4(d) (xiii) This DCI responsibility should be read in conjunction
with the responsibility of the Secretary of Defense (in Section
4(e) (1) (vi)) to provide for the timely transmission of critical
intelligence.
4(d) (xiv) This provision empowers the DCI to establish committees
of producers and consumers of intelligence. He may choose to
reconstitute the United States Intelligence Board or a similar
organization to assist him in producing national intelligence.
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Annotations (p. 11)
4 (d) (2) The reference to Committee on Forzign Intelligence in
this paragraph was meant as a cross reference to Section 3 (14 (3))
and was not intended to imply that all activities of the Deputy to -
the Director of Central for the Intelligence Community will be
related to the Committee on Foreign Intelligence.
4 (d) (4) This provision is designed to ensure that the DCI receives
all relevant foreign intelligence information coming into the
possession of the departments and agencies of our Government.
Sec. 4 In describing the responsibilities and duties of the Intelligence
Community, the intention was to write in unclassified form those
responsibilities as they already existed in classified form. Other
than those changes necessary to take account of the new control and
direction organizations established in Section 3, the restrictions in
Section 5, and the new oversight in Section 6, no changes in the
responsibilities and duties of the Intelligence Community, as previously
assigned, were intended in Section 4.
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Annotations (p. 13)
4(a)(5) This provision requires that agency heads report to the
Attorney General any information they may obtain which relates
to the commission of federal crimes. It is not intended to
authorize any new collection activities but is intended to allow
appropriate dissemination of incidentally collected information
which relates to crimes. See Section 5 (c) (1).
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Annotations (p. 14)
4(b) - This subsection makes it clear that all activities of the CIA
must relate to foreign intelligence.
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Annotations (p. 15)
?
4(b) (3) This assignment must be read in lighi, of the prohibition,
in the National Security Act of 1947 against the CIA's performing
any law enforcement role. This provision, therefore, is intended
to task the CIA to collect and produce "strategic" intelligence
relating to international narcotics traffic and terrorism. This
would include subjects such as: identity of major source countries
for narcotics, predominant international routes for narcotics
transportation, etc. It would not include collection of information
intended for use as evidence in a criminal prosecution.
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Annotations (p. 16)
4(b)(8) All activities conducted by the CIA, including those designed
to fulfill this responsibility, are subject to the restrictions contained
in Section 5 of this order.
4(b)(9) The proviso at the end of this paragraph requires that the
head of a university with which the CIA enters a contract must be
informed of the agency's sponsorship, as well as those officials
actually heading the project in question, such as the head of a
laboratory conducting the research contracted for.
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'Annotations (p. 17)
4(c)(5) This provision does not imply that collection requirements for
defense attaches I are
to be determined by the State Department,
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Annotations (p. 19)
4(e)(1)(v) The Proviso "except as otherwise approved by the CFI",
and the proviso in Section 4 (e)(2)(ii)(A) "or by the CIA," were
included to recognize that NSCID #6, allows certain signals
intelligence activities to be conducted by the CIA. No change
from existing classified directives was intended. (NOTE: The
phrase "except as otherwise approved by the CFI" was
erroneously included in 4(e)(1)(vi) in the copy of the Executive Order
in the original White House package. The phrase was transferred
to 4 (e)(1)(v) before the order appeared in the Federal Register.)
4(e)(2) The intent of this paragraph is to specify the functions
currently performed by DIA and NSA. It is not intended to
deprive the Secretary of Defense of whatever authority he may
have to reassign these functions to other elements of his
department.
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Approved For
(e) (2) (iv) This 'provision recognizes the existence of offices in the -
Department of Defense other than DIA, NSA and special offices for
reconnaissance programs, which the Secretarrof Defense utilizes
to fulfill the responsibilities assigned in Section 4 (e) (I). These
include the intelligence offices, in each of the military services.
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Annotations (p.1....2.1)
4 (g)(1) The reference to lawful counterintelligence operations was
intended to refer to foreign counterintelligence operations.
4(g) (2) This provision is intended to deal with activities by the FBI
in support of foreign intelligence collection requirements of other
intelligence agencies. It is not intended to deal with collection of
intelligence through human sour ce s
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Annotations (p. 23)
4(g)(3) This provision is intended to relate primarily to the
collection of foreign intelligence by non-technical means.
4(g)(4) The reference to foreign intelligence and counterintelligence
information was intended to refer to foreign intelligence and foreign
counterintelligence information.
Sec. 5 In stating that "This section of this Order does not authorize
any activity not previously authorized, "it is meant that Section 5
of the Order should not be read to authorize any activity directly or
indirectly, but rather to establish restrictions on already authorized
activity. In stating that this section of the Order "does not provide
exemption from any restrictions otherwise applicable," it was meant
? that if any statutes, other executive orders or internal department
or agency regulations placed stricter regulations on foreign intelligence
agencies, Section 5 of this Order did not relax those restrictions.
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Annotations (p. 24)
(a)(3) The monitoring of a telephone conversation with the consent
of one party does not constitute electronic sur-reillance under
this definition. This is consistent with Title III of the Omnibus
Crime Control and Safe Streets Act of 1968. Also, the recording
of an ordinary oral-conversation by someone who can be seen
by both parties to it (and therefore can reasonably be expected
to overhear it) does not constitute electronic surveillance.
?
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Annotations (p. 25)
(a) (6) For the purposes of this order, the CIA, NSA, and DLA are
considered "foreign intelligence agencies" (and therefore subject
to these restrictions) with respect to all of their activities. (NSA,
for example, has responsibilities for communications security,
which does not constitute a foreign intelligence or counterintelligence
activity.) Other agencies (not including the FBI) are deemed
"foreign intelligence agencies"whenever they are engaged in
activities related to foreign intelligence or counterintelligence.
(a) (8) The definition of physical surveillance refers primarily to
systematic observation of an individual designed to determine all
of his regular daily activities. It also refers to the acquisition of an
oral communication by a person not otherwise a party thereto or
visibly present thereat through any means which does not involve
electronic surveillance. This second half of the definition refers
primarily to a situation where a person hides in a room to overhear
what persons in the room are saying.
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?
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Annotations (p. 26)
(b)(1) Foreign intelligence agencies may engage in physical
surveillance of U.S. persons only under very limited circumstances.
Within the U.S., only two types of U.S. subjects may be physically
surveilled:
(a) Present and former employees of the agency or its contractors'. They
may be surveilled only for the purpose of preventing unauthorized disclosure
of classified information obtained as a result of their employment.
(b) Persons who are observed in contact with employees described
above during a surveillance of such employees, but only long enough
to identify such persons. This exception is necessary to allow leads
to be followed up by the FBI, if appropriate; it does not allow any
surveillance for purposes other than establishing identity.
Physical surveillance abroad by foreign intelligence agencies
of U.S. persons is limited to those who are reasonably believed to
be acting on behalf of a foreign power or engaging in international
terrorist or narcotics activities or other activities threatening
the U.S. These few U.S. persons Who may be surveilled abroad are
in .a class that represents serious dangers to the U.S. In many
foreign countries, only foreign intelligence agencies can perform
this task.
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Annotations (p. 27)
?
(b) (2) No electronic surveillance performed by foreign intelligence
egencies is allowed of communications .made from or received in
the United States or airected against United States persons abroad
unless the procedures for such surveillance are approved by the
Attorney General. The Attorney General will establish such procedures,
and in many cases, his approval will be required for each individual
surveillance. Further, the CIA is prohibited from performing any
electronic surveillance within the United States except for the purpose
of testing equipment under lawful procedures approved by the Attorney
General. If the CIA has any legitimate need for electronic surveillance,
it is allowed to ask other agencies to perform such surveillance; the CIA
may give technical assistance for such surveillance.
(b) (3) Foreign intelligence agencies are prohibited from searching
persons, homes or offices in the United States. Lawful physical
searches abroad directed against U.S. persons are allowed only under
procedures approved by the Attorney General.?
(b) (6) This subsection bars infiltration of groups within the U.S. for
the purpose of collecting foreign intelligence or counterintelligence.
It does not prohibit placement by a foreign intelligence agency of an
individual in a group for the limited purpose of developing associations
and credentials to be utilized in collecting foreign intelligence or
counterintelligence outside of the United States. This provision
contains an exception for organizations composed primarily of foreigners
and reasonably believed to be acting on behalf of a foreign power.
Information on such groups would constitute legitimate foreign
intelligence and counterintelligence.
?
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?
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Annotations p. 28)
(b) (7) This subsection, with certain exceptions, prohibits a foreign
intelligence agency from gathering, analyzing, disseminating, or
storing non-publicly available information on the domestic activities
of U.S. persons.
(b) (7) (i) Much information on even the domestic activities of corporations
organized in the United States is of relevance to foreign intelligence and
counterintelligence. For example, commercial organizations owned
or controlled by foreign governments are often incorporated here; many
of their activities shed light on the capabilities and intentions of the
governments which control them. Even many truly American
corporations (especially multinational corporations) are so engaged in
international commerce that information on their domestic activities
is essential to understand significant trends in foreign economic affairs.
For example, a U.S. wheat seller's plans to sell to the Soviet Union
are domestic activities highly relevant to foreign intelligence. Therefore,
this provision allows foreign intelligence agencies to have information
on U.S. corporations, but only to the extent that it constitutes legitimate
foreign intelligence or counterintelligence.
(b) (7) (ii) This exception recognizes several appropriate activitiei of
foreign intelligence agencies. In order to protect classified information,
intelligence agencies must run security checks on applicants for -
employment and employees. Like any Government agency, these agencies
must also check out employee backgrounds to ascertain their job
suitability. Even after a person has left an intelligence agency, it has
a legitimate need to maintain its records on that person should a
security breach stemming from his employment occur. Similarly, each
intelligence agency has an interest in the suitability and security
worthiness of persons who contract with it or are employees of its
contractors working on its projects and requiring access to classified
information. Each intelligence agency must also maintain records on
persons who, without necessarily being employed by it, are given access
to its classified information. Such, persons would include employees of
other Governmeat agencies who require access to its classified information
and private citizens who voluntarily agree to be cleared to receive
? classified information in order to aid in their voluntary reporting of
foreign intelligence information to the agency.
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? (
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Annotations . ?8 Continued
2A000600020001-2
(b) (7) (iii) Each intelligence agency will on occasion consider contacting
a U.S. person because he may be a potential source or contact who will
aid the agency. Before making such contacts, however, the agency will
want to be assured that the person would be suitable for such assistance.
This exception therefore allows collection of information on such persons,
but only for the purpose of determining their suitability or credibility.
Furthermore, such a person must reasonably be considered to be a
potential source or contact.
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Annotations (p. 29)
(b) (7) (iv) This provision recognizes that information on the domestic
activities of U.S. individuals can constitute legitimate foreign ,
intelligence or counterintelligence. For example, the fact that a
U.S. citizen is recruiting mercenaries within the U.S. to fight in
a foreign war constitutes foreign intelligence. Although counter-
intelligence normally involves either employees of a foreign
intelligence agency or persons acting on behalf of a foreign powei-,
sometimes a U.S. person may be seeking to disclose national defense
information. Therefore, foreign intelligence agencies are
permitted to have such information. However, such information is not
permitted to be collected by spying on Americans within this country.
Such information may only be gathered abroad,, or from electronic -
surveillance cond7 cted through procedures approved by the Attorney
General, or from cooperating sources in the United States.
? '1/4--- 0./1,-/ ,t-LL 's- 5 t
(b) (7) (v) Foreign intelligence agencies or other foreign groups
use many resources seeking to penetrate (i. e., obtain information from)
United States intelligence agencies. The United States agencies need
to protect themselves from such activities. Such activities may involve
domestic activities of United States persons. Because United States
intelligence agencies have a need to understand the operating modes of
foreign intelligence agencies, there is a legitimate need for it to collect
and use such information. Also, because of the unique contacts of our
foreign intelligence agencies with information sources abroad and foreign
sources within the United States, these agencies are also permitted to
collect information on United States persons reasonably believed to be
involved in international terrorist or narcotics activities.
(b) (7) (vi) This provision allows a foreign intelligence agency to collect
information about persons that pose a clear threat to the facilities or
personnel of the agency involved. However, such information may be
Tetained only by the agency threatened and this agency must coordinate
the matter with the FBI. This authority is necessary to allow agencies
to take appropriate precautions in Cases such as bomb threats or
threats to kill agency personnel.
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Annotations (p. 29) Continued
(c) (1) This provision allows intelligence agencies to transmit to
law-enforcement agencies information indicating involvement in
activities which may be in violation of law which it happens to obtain
incidentally to its proper foreign intelligence activities. AU citizens
and Government agencies have an obligation to turn information related
to criminal activity over to appropriate authorities.
(c) (2) This allows storage of information required by law to be
maintained. For example, should an intelligence agency ever conduct
an illegal electronic surveillance, the law requires it to keep records
to such an incident for possible court action. Such information,
although it may be stored, cannot be used by the agency.
(c) (3) This provision allows agencies to disseminate information of the
subject matter types listed as exceptions to the general prohibition of
collection of information about the domestic activities of U.S. persons.
These represent the limited categories of information on the domestic
activities of Americans which foreign intelligence agencies may
appropriately have.
With respect to information covered by Section 5 (b)(7)(iv)
which is allowed to be collected or retained only if it came from
certain sources (i.e. , from abroad, electronic surveillance, or
cooperating sources in the U.S.), these conditions based on sources
are also applicable to Section 7(c)(3) allowing dissemination. That
is, if the information specified in Section 5(b)(7)(iv) was not collected
from the specified allowed sources, it may not be disseminated
pursuant to Section 7 (c) (3).
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Annotations (p. 30)
(e) This section recognizes that the FBI and LEAA are the appropriate
federal agencies to give assistance to state and local law enforcement
agencies.
It also recognizes the 1973 amendment to the Omnibus Crime Control
and Safe Streets Act (the Holtzmann Amendment), which prohibits CIA
assistance to the Law Enforcement Assistance Administration and
evidences congressional disapproval of direct CIA assistance to
state and local police departments in general.
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5 (h) (2) Attorney General guidelines on the FBI, as called for in
this paragraph, may be classified.
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6 (a) (3) The Oversight Board has jurisdiction over the Intelligence
Community, as defined in Section 2 (b). Note that the element of
the FBI which performs the functions assigned by Section 4 (g) of
this order is under the jurisdiction of the Oversight Board.
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6 (a) (3) (v) and (vi) Activities raising questions as to legality are
required to be reported to the President and the Attorney General.
Such activities would include possible criminal infractions and
activities, which, although not criminal, are riot authorized by the
charter of the agency involved. Activities raising mere questions
of propriety arc required to be reported to the President. These
would include activities which, although consistent with U.S. law,
may be of questionable morality or judgment.
6 (b) (4) This provision is designed to ensure that an Inspector General
cannot be "muzzled" by his agency head. Note, however, that this
subsection does not grant Inspectors General the authority to report
an activity to the Oversight Board without informing his agency head,
in cases where the IG is required by agency practice to notify his
superior.
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6(0(3) The reference to paragraph (4) of this section should be to
paragraph (b) of this section.
6 (e) This provision prohibits detailees from intelligence agencies
from serving as staff to the Oversight Board. It is not intended to
prohibit detailees from other government agencies except those listed as
comprising the Intelligence Community in Section Z (b). Thus, an
employee of a State Department office other than INR would not be
covered.
6 (f) This order does not affect the role of PFIAB. It continues to
exist and per-form the same functions.
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Annotations p. 36)
8 (d) Although the affected departments and agencies are given
ninety days to issue supplementary directives, this order became
effective when signed by the President, with the exception of
Section 5, whose restrictions took effect on March I, 1976.
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94Tll CONGRESS
2o SmssioN
S. RES. 400
[Report No. 94-675]
[Report No. 94-770]
IN THE SENATE OF THE UNITED STATES
MARCH 1, 1976
Mr. MANSFIELD (for Mr. RuncoFT) (for himself, Mr. CHURCH, Mr. PERCY, Mr.
BAKER, Mr. BROCK, Mr. CHILES, Mr. GLENN, Mr. HuntnxszoN, Mr. JACK-
SON, Mr. JAMS, Mr. MATHIAS, Mr. METCALF, Mr: MONDALE, Mr. MORGAN,
Mr. MUSKIE, Mr. NUNN, Mr. Iiturn, Mr. SCHWEIKER, and Mr. WEIcKER)
submitted the following resolution; which was referred to the Committee
on Government Operations
MArtm 1, 1976
Reported by Mr. MAicsnEr.D (for Mr. RrnicoFF), without amendment
MARGIT 1,1976
Referred to the Committee on Rules and Administration for a period extending
no later than March 20, 1976
MARCH 18, 1976
Reported by Mr. MANSFIELD (for Mr. CANNON), without amendment
MARCH 18, 1976
Referred simultaneously to the Committee on the Judiciary and the Committee
on Rules and Administration with instructions that the Committee on the
Judiciary make its recommendations to the Committee on Rules and
Administration no later than March 29, 1976, and that the Committee on
Rules and Administration tiles the report no later than April 5, 1976 ?
APRIL 1, 1976
Committee on Rules and Administration authorized to report no later than
April 30, 1976, by unanimous consent
APRIL 29, 1976
Reported by Mr. CANNON, with an amendment, and an amendment to Cho title
Mx y 19,1976
Considered, amended, and agreed to
[Strike out all after "Resolved," and insert the part printed in italic]
RESOLUTION
To establish a Standing Committee of the Senate on Intelligence,
and for other purposes.
II
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1 ReRaced, That it is the purpose of tins resolution to
2 es tablish a new select committee of the Senate, to be knoN\ ii
9 as the Select Committee on Intelligence, to oversee and make
4 continuing studies of the intelligence activities and programs
5 of the United States Government, and to submit to the Sen-
6 ate appropriate proposals for legislation and report to the
7 Senate concerning such intelligence activities and programs.
8 In carrying out this purpose, the Select Committee on Intel-
ligence shall make every effort to assure that the appropriate
10 departments and agencies of the United States provide in-
11 formed and timely intelligence necessary for th executive
12 and legislative branches to make sound decisions affecting the
13 security and vital interests of the Nation. It is further the
14 purpose of this resolution to provide vigilant legislative over-
15 sight over the intelligence activities of the United States to
16 assure that such activities are in conformity with the Con-
17 stitution and laws of the United States.
18 SEC. 2. (a) (1) There is hereby established a select
19 committee to be known as the Select Committee on 'Meld-
20 gence (hereinafter in this resolution referred to as the "select
21 committee"). The select committee shall be composed of
22 fifteen members appointed as follows:
93 (A) two members from time Committee On
24 Appropriations;
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1 (B) two members from the Committee on Armed
2 Services;
3 (C) two members from the Committee on Foreign
4 Relations;
5 (P) two members from the Committee on the
6 Judiciary; and
7 (E) seven members to be appointed from the Senate
8 at large.
9 (2) Members appointed from each committee named in
10 clauses (A ) through (D) of paragraph (I) shall be evenly
11 divided between the two major political parties and shall be
12 appointed by the President pro tempore of the Senate upon
13 the recommendations of the majority and minority leaders
14 of the Senate. Four of the members appointed under clause
15 (E) of paragraph (1) shall be appointed by the President
16 pro tempore of the Senate upon the recommendation of the
17 majority leader of the Senate and three shall be appointed
18 by the President pro tempore of the Senate upon the reeom-
19 of the minority leader of the Senate.
20 (3) The majority leader of the Senate and the minority
21 leader of the Senate shall be ex officio members of the select
22 committee but shall have no vote in the committee and shall
23 not be counted for pmposes of determining a quorum.
24 (b) No Senator may serve on the select committee for
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1 more than eight years of continuous service, exclusive of
2 service by any Senator on such committee during the Ninety-
3 fourth Congress. To the greatest extent practicable, one-third
4 of the Members of the Senate appointed to the select corn-
5 mittee at the beginning of the Ninety-seventh Congress and
6 each Congress thereafter shall be Members of the Senate
7 who did not serve on such committee during the preceding
s Congress.
9 (e) At the beginning of each Congress, the Members
O of the Senate who are members of the majority party of
11 the Senate shall elect a chairman for the select committee,
12 and the Members of the Senate who are from the minority
13 party of the Senate shall elect a vice chairman for such
14 committee. The vice chairman shall act in the place and
15 stead of the chairman in the absence of the chairman. Neither
16 the chairman nor the vice chairman of the select commit-
:17 tee shall at the same time serve as chairman or ranking iiii-
18 member of any other committee referred to in para-
19 graph 6 (1) of rule XXV of the Standing Rules of the
20 Senate.
21 (d) For the purposes of paragraph 6 (a) of rule XXV
22 of the Standing Rules of the Senate, service of a Senator as
23 a member of the select committee shall not be taken into
24 account.
,?) SEC. 3. (a) There shall be referred to the select corn-
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1 rnittee all proposed legislation, messages, petitions, memorials,
2 and other matters relating to the following:
3 (1) The Central Intelligence Agency titcl the
4 Director of Central Intelligence.
5 (2) Intelligence activities of all other departments
6 and agencies of the Government, including, but not
7 limited to, the intelligence activities of the Defense In-
telligence Agency, the National Security Agency, and
9 other agencies of the Department of Defense; the De-
10 partment of State; the Department of Justice; and the
11 Department of the Treasury.
12 (3) The organization or reorganization of any de-
13 partment or agency of the Government to the extent
14 that the organization or reorganization relates to a func-
15 tion or activity involving intelligence activities.
16 (4) Authorizations for appropriations, both direct
17 and indirect, for the following:
18 (A) The Central Intelligence Agency and Di-
19 rector of Central Intelligence.
20 (B) The Defense Intelligence Agency.
21 (C) The National Security Agency.
22 (D) The intelligence activities of other agen-
23 cies and subdivisions of the Department of Defense.
24 (E) The intelligence activities of the Depart-
ment of State.
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2
3
4
(F) The intelligence activities of the Federal
Bureau of Investigation, including all activities of
the Intelligence Division.
(Ci ) Any department, agency, or subdivision
5 which is the successor to any agency named in clause
6 (A) , (B) , or (C) ; and the activities of any de-
7 partment, agency, or subdivision which is the sue-
8 cessor to any department, agency, bureau, or su1)-
9 division named in clause (D) , (E) , or (F) to the
10 extent that the activities of such successor depart-
11 agency, or subdivision are activities described
12 in clause (D) , (E) , or (F) .
13 (b) Any proposed legislation reported by the select corn-
14 nut tee, except any legislation involving matters specified in
15 clause (1) or (4) (A) of subsection (a) , containing any
16 matter otherwise within the jurisdiction of any standing
17 committee shall, at the request of the chairman of such stand-
1 (8 itor numittee be referred to such stolidityg committee for
19 its consideration of such matter and be reported to the Sell-
20
ate by such standing committee within thirty days after the
21 day on which such proposed legislation is referred to such
22 standing committee; and any proposed legislation reported
23 by any committee, other than the select committee, which
24 contains any matter within the jurisdiction of the select
25 committee shall, at the request of the chairman of the select
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1 committee, be referred to the select committee for its con-
2 sideration of such matter and be reported to the Senate 1)y
3 the select committee within thirty days after the day on
4 which such proposed legislation is referred to such committee.
5 In any case in which a committee fails to report any pro-
6 posed legislation referred to it within the time limit prescribed
7 herein, such committee shall be an discharged
8 from further consideration of such proposed legislation on
9 the thirtieth day following the day on which such proposed
10 legislation is referred to such committee unless the Senate
11 provides otherwise. In computing any thirty-day period
12 under this paragraph there shall be excluded from such corn-
13 putation any days on which the Senate is not in session.
14 (c) Nothing in this resolution shall be construed as pro-
15 hibiting or otherwise restricting the authority of any other
16 committee to study and review any intelligence activity to
17 the extent that such activity directly affects a matter other-
18 wise within the jurisdiction of such committee.
19 (d) Nothing in this resolution shall be construed as
20 amending, limiting, or otherwise changing the authority of
21 any standing committee of the Senate to obtain full and
22 prompt access to the product of the intelligence activities
23 of any department or agency of the Government rele-
24 vant to a matter otherwise within the jurisdiction of such
25 committee.
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1 SEe. 4. (a) The select committee, for the purposes of
2 accountability to the Senate, shall make regular and periodic
3 reports to the Senate 011 the nature, and extent of the intel-
4 ligence activities of the various departments and agencies of
5 the United States. Such committee shall promptly call to the
6 attention of the Senate or to any other appropriate tom-
mittee or committees of the Senate any matters requiring the.
8 attention of the Senate or such other committee or commit-
9 tees. In making such reports, the select committee shall
10 proceed in a manner consistent with section 8 (c) (2) to
11 protect national security.
12 (b) The select committee shall obtain an annual report
13 from the Director of the Central Intelligence Agency, the
14 Secretary of Defense, the Secretary of State, and the Director
15 of the Federal Bureau of Investigation. Such reports shall
16 review the intelligence activities of the agency or depart-
17 .ment concerned and the intelligence activities of foreign
18 countries directed at the United States or its interest. An
19 unclassified version of each report may be made available
20 to the public at the discretion of the select c.ommittee. Noth-
21 ing herein shall be construed as requiring the public disclos-
22 ure in such reports of the names of individuals engaged in
23 intelligence activities for the United States or the divulging
.t of intelligence methods employed or the sources of informa-
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9
1 tion on which such reports are based or the amount of funds
authorized to be appropriated for intelligence activities.
3 (c) On or before March 15 of each year, the select
4 committee shall submit to the Committee on the Budget of
5 the Senate the views and estimates described in section 301
6 (c) of the Congressional Budget Act of 1974 regarding
7 matters within the jurisdiction of the select committee.
SEC. 5. (a) For the purposes of this resolution, the select
9 committee is authorized in its discretion (1) to make investi-
10 gations into any matter within its jurisdiction, (2) to make
11 expenditures from the contingent fund of the Senate, (3) to
12 employ personnel, (4) to hold hearings, (5) to sit and act
13 at any time or place during the sessions, recesses, and ad-
14 journed periods of the Senate, (6) to require, by subpena
15 or otherwise, the attendance of witnesses and the production
16 of correspondence, books, papers, and documents, (7) to
17 take depositions and other testimony, (8) to procure the
18 service of individual consultants or organizations thereof, in
19 accordance with the provisions of section 202 (i) of the Leg-
20 islative Reorganization Act of 1946, and (9) with the prior
21 consent of the Government department or agency concerned
22 and the Committee on Rules and Administration, to use on a
23 reimbursable basis the services of personnel of any such
24 department or agency.
S. Res. 400-2
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1 (b) The chairman of the select committee or any mem-
f) her thereof may administer oaths to witnesses.
3 (c) Subpenas authorized by the select committee may
4 be issued over the signature of the chairman, the vice chair-
5 man, or any member of the select committee designated by
6 the chairman, and may be served by any person designated
7 by the chairman or any member signing the subpena.
SEc. 6. No employee of the select committee or any
9 person engaged by contract or otherwise to perform services
10 for or at the request of such committee shall be given access
11 to any classified information by such committee unless such
12 employee or person has (1) agreed in writing and under
13 oath to be bound by the rules of the Senate (including the
14 jurisdiction of the Select Committee on Standards and Con-
15 duct and of such committee as to the security of such infor-
16 mation during and after the period of his employment or
17 contractual agreement with such committee; and (2) re-
18 ceived an appropriate security clearance as determined by
19 such committee in consultation with the Director of Central
20 Intelligence. The type of security clearance to be required in
21 the case of any such employee or person shall, within the
22 determination of such committee in consultation with the
23 Director of Central Intelligence, be commensurate with the
24 sensitivity of the classified information to which such em-
25 ployee or person will be given access by such committee.
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1 SEC. 7. The select committee shall formulate and carry
2 out such rules and procedures as it deems necessary to pre-
3 vent the disclosure, without the consent of the person. or
4 persons concerned, of information in the possession of such
5 committee which unduly infringes upon the privacy or which
6 violates the constitutional rights of such person or persons.
7 Nothing herein shall be construed to prevent such committee
8 from publicly disclosing any such information in any case
9 in which such committee determines the national interest in
10 the disclosure of such information clearly outweighs any in-
11 fringement on the privacy of any person or persons.
12 SEC. 8. (a) The select committee may, subject to the
13 provisions of this section, disclose publicly any information in
14 the possession of such committee after a determination by
15 such committee that the public interest would be served by
16 such disclosure. Whenever committee action is required to
17 disclose any information under this section, the committee
18 shall meet to vote on the matter within live days after any
19 member of the committee requests such a vote. No member
20 of the select committee shall disclose any information, the
21 disclosure of which requires a committee vote, prior to a vote
22 by the committee on the question of the disclosure of such
23 information or after such vote except in accordance with this
24 section.
25 (b) (1) In any case in which the select committee votes
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1 to disclose publicly any information which has been classi-
2 fled under established security procedures, which has been
3 submitted to it by the executive branch, and which the ex-
4 ecutive branch requests be kept secret, such committee shall
5 notify the President of such vote.
6 (2) The select committee may disclose publicly
such
7 information after the expiration of a five-day period follow-
8 ing the day on which notice of such vote is transmitted to the
9 President, unless, prior to the expiration of such five-day
10 period, the 'President, personally in writing, notifies the corn-
11 mittee that he objects to the disclosure of such information,
12 provides his reasons therefor, and certifies that the threat to
13 the national interest of the United States posed by such
14 disclosure is of such gravity that it outweighs any public
15 interest in the disclosure.
16 (3) If the President, personally in writing, notifies the
17 select committee of his objections to the disclosure of such
18 information, as provided in paragraph (2), such committee
19 may, by majority vote, refer the question of the disclosure of
20 such information to the Senate for consideration. The corn-
21 mittee shall not publicly disclose such information without
22 leave of the Senate.
23 (4) Whenever the select committee votes to refer the
24 question of disclosure of any information to the Senate under
25 paragraph (3) , the 040.1nan. 'shall, not later than the first
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1 day on which the Senate is in session following the day on
2 which the vote Occurs, report the matter to the Senate for
its consideration.
4 (5) One hour after the Senate convenes on the fourth
5 day on which the Senate is in session following the day on
6 which any such matter is reported to the Senate, or at such
7 earlier time as the majority leader and the minority leader
8 of the Senate jointly agree upon in accordance with section
9 133 (f) of the Legislative Reorganization Act of 1946, the
10 Senate shall go into closed session and the matter shall be
11 the pending business. In considering the matter in closed
12 session the Senate may-
13 (A) approve the public disclosure of all or any
14 portion of the information in question, in which case the
15 committee shall publicly disclose the information ordered
16 to be disclosed,
17 (B) disapprove the public disclosure of all or any
18 portion of the information in question, in which case the
19 committee shall not publicly disclose the information
20 ordered not to be disclosed, or
21 (C) refer all or any portion of the matter back to
22 the committee, in which case the committee shall make
23 the final determination with respect to the public dis-
24 closure of the information in question.
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1 Upon conclusion of the consideration of such matter in closed
2 session, which may not extend beyond the close of the ninth
3 day on which the Senate is in session following the day on
4 which such matter was reported to the Senate, or the close
5 of the fifth day following the day agreed upon jointly by the
6 majority and minority leaders in accordance with section
7 133 (f) of the Legislative Reorganization Act of 1946
8 (whichever the case may be), the Senate shall immediately
9 vote on the disposition of such matter in open session, with-
10 out debate, and without divulging the information with re-
11 spect to which the vote is being taken. The Senate shall
12 vote to dispose of such matter by one or more of the means
13 specified in clauses (A), (B), and (C) of the second
14 sentence of this paragraph. Any vote of the Senate to
15 disclose any information pursuant to this paragraph shall be
16 subject to the right of a Member of the Senate to move for
17 reconsideration of the vote within the time and pursuant
18 to the procedures specified in rule XIII of the Standing
19 Rules of the Senate, and the disclosure of such information
20 shall be made consistent with that right.
21 (c) (1) No information in the possession of the select
22 committee relating to the lawful intelligence activities of
23 any department or agency of the United States which has
24 been classified under established security procedures and
25 which the select committee, pursuant to subsection (a) or
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(b) of this section, has determined should not be disclosed
2 shall be made available to any person by a Member, officer,
or employee of the Senate except in a closed session of the
4 Senate or as provided in paragraph (2) .
5 (2) The select committee may, under such regulations as
6 the committee shall prescribe to protect the confidentiality of
7 such information, make any information described in para-
8 graph (1) available to any other committee or any other
9 Member of the Senate. Whenever the select committee makes
10 such information available, the committee shall keep a writ-
11 ten record showing, in the case of any particular information,
12 which committee or which Members of the Senate received
13 such information. No Member of the Senate who, and no
14 committee which, receives any information under this sub-
15 section, shall disclose such information except in a closed
16 session of the Senate.
17 (d) It shall be the duty of the Select Committee on
18 Standards and Conduct to investigate any unauthorized dis-
19 closure of intelligence information by a Member, officer or
20 employee of the Senate in violation of subsection (c) and to
21 report to the Senate concerning any allegation which it finds
22 to be substantiated.
23 (e) Upon the request of any person who is subject to
24 any such investigation, the Select Committee on Standards
25 and Conduct shall release to such individual at the conclu-
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sion of its investigation a summary of its investigation to-
2 pater with its findings. If, at the conclusion of its investi,
3 gation, the Select Committee on Standards and Conduct
4 determines that there has been a significant breach of con-
5 fidentiality or unauthorized disclosure by a Member, officer,
6 or employee of the Senate, it shall report its findings to the
7 Senate and recommend appropriate action such as censure,
8 removal from committee membership, or expulsion from
9 the Senate, in the case of Member, or removal from office
10 or employment or punishment for contempt, in the case of an
11 officer or employee.
12 SEC. 9. The select committee is authorized to permit any
13 personal representative of the President, designated by the
14 President to serve as a liaison to such committee, to attend
15 any closed meeting of such committee.
16 SEC. 10. Upon expiration of the Select Committee on
17 Governmental Operations With Respect to Intelligence Ac-
18 established by Senate Resolution 21, Ninety-fourth
19 Congress, all records, files, documents, and other materials
20 in the possession, custody, or control of such committee,
21 under appropriate conditions established by it, shall be
22 transferred. to the select committee.
23 SEC. 11. (a) It is the sense of the Senate that the. head
24 of each department and agency of the United States should
25 keep the select committee fully and currently informed with
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1 respect to intelligence activities, including any significant
2 anticipated activities, which are the responsibility of or en-
3 gaged in by such department or agency: Provided, That this
4 does not constitute a condition precedent to the implementa-
5 tion of any such anticipated intelligence activity.
6 (b) It is the sense of the Senate that the head of any
7 department or agency of the United States involved in any
8 intelligence activities should furnish any information or docu-
9 melt in the possession, custody, or control of the department
10 or agency, or person paid by such department or agency,
11 whenever requested by the select committee with respect
12 to any matter within such committee's jurisdiction.
13 (c) It is the sense of the Senate that each department
14 and agency of the United States should report immediately
15 upon discovery to the select committee any and all intelli-
16 b acme activities which constitute violations of the constitu-
17 tional rights of any person, violations of law, or violations
18 of Executive orders, Presidential directives, or departmental
19 or agency rules or regulations; each department and agency
20 should further report to such committee what actions have
21 been taken or are expected to be taken by the departments
22 or agencies with respect to such violations.
23 SEC. 12. Subject to the Standing Rules of the Senate,
24 no funds shall be appropriated for any fiscal year beginning
25 after September 30, 1976, with the exception of a continuing
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1F
1 bill or resolution, or amendment thereto, or conference re-
2 port thereon, to, or for use of, any department or agency of
3 the United States to carry out any of the following activi-
4 ties, unless such funds shall have been previously authorized
5 by a bill or joint resolution passed by the Senate during the
6 same or preceding fiscal year to carry out such activity for
7 such fiscal year:
8 (1) The activities .of the Central Intelligence Agency
9 and the Director of Central Intelligence.
10 (2) The activities of the Defense Intelligence Agency.
11 (3) The activities of the National Security Agency.
12 (4) The intelligence activities of other agencies and
13 subdivisions of the Department of Defense.
14 (5) The intelligence activities of the Department of
15 State.
16 (6) The intelligence activities of the Federal Bureau of
17 Investigation, including all activities of the Intelligence
18 Division.
19 SEC. 13. (a) The select committee shall make a study
20 with respect to the following matters, taking into considera-
21 tion with respect to each such matter, all relevant aspects
22 of the effectiveness of planning, gathering, use, security, and
23 dissemination of intelligence:
24 (1) the quality of the analytical capabilities of
25 United States foreign intelligence agencies and means for
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1 integrating more closely analytical intelligence and
poi icy formula t ion ;
3 ( 2 ) the extent and nature of the authority of the
4 departments and agencies of the executive branch to
5 engage in intelligence activities and the desirability of
6 developing charters for each intelligence agency or
department;
8 (3) the organization of intelligence activities in the
9 executive branch to maximize the effectiveness of the
10 conduct, oversight, and accountability of intelligence
11 activities; to reduce duplication or overlap; and to un-
12 prove the morale of the personnel of the foreign intelli-
13 gence agencies;
14 (4) the conduct of covert and clandestine activities
15 and the procedures by which Congress is informed of
16 such activities;
17 (5) the desirability of changing any law, Senate
18 rule or procedure, or any Executive order, rule, or regil-
19 to improve the protection of intelligence secrets
20 and provide for disclosure of information for which there
21 is no compelling reason for secrecy;
22 (6) the desirability of establishing a standing com-
23 mittee of the Senate on intelligence activities;
24 (7) the desirability of establishing a joint commit-
25 tee of the Senate and the House of Representatives on
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20
intelligence activities in lieu of having separate com-
2 mittces in each House of Congress, or of establishing
3 procedures under which separate committees on intelli-
gence activities of the two Houses of Congress would
5 receive joint briefings from the intelligence agencies and
6 coordinate their policies with respect to the safeguarding
7 of sensitive intelligence information;
8 (8) the authorization of funds for the intelligence
9 activities of the Government and whether disclosure of
10 any of the amounts of such funds is in the public interest;
11 and
12 (9) the development of a uniform set of definitions
13 for terms to be used in policies or guidelines which may
14 be adopted by the executive or legislative branches to
15 govern, clarify, and strengthen the operation of intel-
16 ligence activities.
17 (b) The select committee may, in its discretion, omit
18 from the special study required by this section any matter
19 it determines has been adequately studied by the Select Com-
20 mittee To Study Governmental Operations With Respect to
21 Intelligence Activities, established by Senate Resolution 21,
22 Ninety-fourth Congress.
23 (c) The select committee shall report the results of the
24
0,5
study provided f(u. by this section to the Sena to, together
with any recommet
u.a..ons for legislative Or other actions it
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21
1 deems appropriate, no later than July 1, 1977, and from
2 time to time thereafter as it deems appropnate.
3 SEO. 14. (t) As used in this resolution, the term "intel-
4 ligence activities" includes (1) the collection, analysis, pro-
5 duction, dissemination, or use of information which relates to
any foreign country, or any government, political group,
7 party, military force, movement, or other association in such
8 foreign country, and which relates to the defense, foreign
9 policy, national security, or related policies of the United
10 States, and other activity which is in support of such actii-
ii (2) activities taken to counter similar activities directed
12 against the United States; (3) covert or clandestine activi-
13 affecting the relations of the United States with any
14 foreign government, political group, party, military force,
15 movement or other association; (4) the collection, analysis,
16 production, dissemination, or use of information about activi-
17 of persons within the United States, its territories and
18 possessions, or nationals of the United States abroad whose
19 political and related activities pose, or may be considered
20 by any department, agency, bureau, office, division, instru-
21 mentality, or employee of the United States to pose, a threat
22 to the internal security of the United States, and covert or
23 clandestine activities directed against such persons. Such
24 term does not include tactical foreign military intelligence
serving no national polleyntating function.
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(b) As used in this resolution, the term "department
9 or agency" includes any organization, committee, council,
3 establishment, or office within the Federal Government.
4 (c) For purposes of this resolution, reference to any
5 department, agency, bureau, or subdivision shall include a
6 reference to any successor department, agency, bureau, or
7 subdivision to the extent that such successor engages in
8 intelligence activities now conducted by the department,
9 agency, bureau, or subdivision referred to in this resolution..
10 .SEC. 15. For the period from the date this resolution
1.1 is agreed to through February 28, 1977, the expenses of
12 the select committee under this resolution shall not exceed
13 $275,000, of which amount not to exceed $30,000 shall
14 be available for the procurement of the services of individual
15 consultants, or organizations thereof, as authorized by sec-
16 tion 202 (i) of the Legislative Reorganization Act of 1946.
17 expenses of the select committee under this resolution shall
18 be paid from the contingent fund of the Senate upon
19 vouchers approved by the chairman of the select committee,
20 except that vouchers shall not be reqitired for the disburse-
21 ment of salaries of employees paid at an annual rate.
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ii SIT. 16. Nothing in this resolution shall be construed
2 as constituting acquiescence Jr the Senate in any practice,
3 or in the conduct of ziny activity, not otherwise authorized
4 hy law.
Attest: FRANCIS R. VALEO,
Secietary.
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8 October 1976
INTELLIGENCE COMMUNITY STAFF
INTELLIGENCE COMMUNITY STAFF
ORGANIZATION AND MANAGEMENT
...47fa;
01-2
Staff Directive No. 8
The organization of the Intelligence.Community Staff
has been reviewed and approved by the Director of Central
Intelligence. Key positions and staff assignments have
been made.
Effective this date, the organizational structure of
the Staff will be as shown in Attachment 1. The Staff will
be managed according to the approved mission and function
statements outlined in Attachment 2.
Attachments:
as stated
,-7 Deputy to the DCI for the
Intelligence Community
ADMINISTRATIVE 1111TENda UF prT1
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STATI NTL
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S.
Organization of Intelligence Community Staff
OFFICE OF COMMUNITY DEPUTY
Deputy/DCI
Assoc Deputy/DCI (17)
Executive Officer
Executive Staff
CHIN FIB Executive Secretari:a
Support Staff
Regist ry ?
Office of Policy
Off ice of Program &
Office of Performance
and Planning
Budget Development
Evaluation & linprovement
0
Policy and ['Ions
Division
HInfotination Handling
. Division
Security
C.ommittee
Data Support Group
L......1 Pi ()wolf) ev Budget
Development Div.
Program Analysis
Division
Integration Staff
G
S Division l T
Imagery
Division
Human Resources
Division
procluction,A5sessment
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Attachment 2
INTELLIGENCE COMMUNITY STAFF
? MANAGEMENT
Summary of Main Functions
1
Office of the Community Deputy
3
Office of Policy and Planning
7
Office of Program and Budget Development
15
Office of Performance, Evaluation & Improvement.18
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ILI ea
INTELLIGENCE COMMUNITY STAFF
Supports the Director of Central Intelligence (DCI) and
the Committee on Foreign Intelligence (CFI) in developing
and controlling the National Foreign Intelligence Program
(NFIP). Assists the DCI in the supervision and direction of
the Intelligence Community. The Intelligence Community Staff
consists of the Office of Policy and Planning, the Office of
Performance Evaluation and Improvement, and the Office of
Program and Budget Development.
Main Function
A. National Foreign Intelligence Program
? Assist the DCI and CFI in the control of NFIP
budget preparation and resource allocation.
? Perform as the CFI Staff during the annual
program review and budget cycle for the
component programs of the NFIP.
? Prepare Intelligence Community Staff recom-
mendations on NFIP program and budget issues
requiring CFI decisions.
? Ensure Intelligence Community compliance with
NSC policy directives.
? Prepare supporting materials for DCI and CFI
use at NSC semi-annual reviews.
0
B. Collection and Production
? Assist the CFI in establishment of policy priorities
for national intelligence collection and production.
? Develop requirements systems for, and assess
performance of, national intelligence collection
and production.
? Provide staff support for collection committees
the National Foreign Intelligence Board.
1
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C. Internal Relations
Determine the adequacy of the Intelligence Community's
services of common concern and identify areas
requiring policy decisions.
O Ensure appropriate Community-wide availability and
use of information handling and communications
systems.
O Establish security policies and procedures for
protection of intelligence and intelligence sources,
methods and analytical procedures.
D. External Relations
? Provide guidance to the CFI on national/tactical
intelligence relationship.
O Serve as interface with appropriate elements of
the Executive Branch and the Congress on programs
and resources; assist the DCI in Congressional and
other presentations of programs and budgets.
? Ensure proper responsiveness of Intelligence
Community collectors and producers to needs of
intelligence users.
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OFFICE OF THE COMMUNITY DEPUTY
The Office of Community Deputy (OCD) supports the
Deputy to the Director of Central Intelligence for the
Intelligence Community (D/DCl/IC) in execution of his
responsibilities to advise and assist the Director of
Central Intelligence in supervision and direction of
the Intelligence Community, and in directing the ac-
tivities of the Intelligence Community Staff (ICS).
The OCD consists of the D/DCl/IC and his personal staff,
the Associate Deputy to the DCI for the Intelligence
Community (AD/DCl/IC), the Executive Officer, the
Executive Staff, the Committee on Foreign Intelligence/
National Foreign Intelligence Board Secretariat, and
the Support Staff.
Main Functions
Deputy for the Community--
? Advise the DCI on Intelligence Community matters.
? Make recommendations on National Foreign Intelligence
Program (NFIP) programs, resources and issues to the
CFI and maintain data pertaining to the NFIP.
? Evaluate programs and products of the NFIP.
? Coordinate within the Intelligence Community the
implementation of intelligence policy and program
directives emanating from the President, NSC, CFI,
Intelligence Oversight Board and the DCI.
AMiriNT7P7';',!;?3 1:?17Tr.77.1111 r 3 u
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Represent the Director of Central Intelligence
at meetings of the Committee on Foreign
Intelligence (CFI).
? Be Vice Chairman of the National Foreign
Intelligence Board (NFIB).
?
Be head of and direct the Intelligence Community
Staff.
Supervise the activities and provide staff support
for DCI Committees as designated by the DCI
(currently the COMIREX, Human Resources, Information
Handling, Security and SIGINT Committees), and
oversee the activities of all other DCI Committees
except the DCI Committee of Inspectors General.
? Perform such other duties pertaining to the
Intelligence Community as may be directed by the DCI.
Associate Deputy for the Community
? Assist tise Deputy for the Community in the direction
and management of the Intelligence Community Staff
and NFIB elements.
?
?
Represent the Deputy for the Community in his absence.
Perform such other duties pertaining to the Intelligence
Community as may be prescribed.
Executive Officer
?
?
Support the Deputy for the Community and associate
Deputy in the management of the Intelligence
Community Staff and NFIB elements.
Review action documents addressed to the Office of
the Community Deputy, assign initial action to Office,
Staff, or NFIB elements, establish deadlines for
completion, and ensure timely response
4
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Executjve Staff--
?
Develop studies and chair inter-agency task
groups to address problems as assigned by the
DCI and D/DCl/IC.
? Provide legislative liaison with the Congress
for the DCT and D/DCl/lC on Intelligence
Community matters; prepare Community responses
to inquiries and tasking from Congressional
Committees.
Draft revisions of National Security Council
Intelligence Directives (NSCIDs) for the NSC
Committee on Foreign Intelligence.
Monitor revisions of Director of Central
Intelligence Directives (DCIDs).
? Prepare presentations and support the DCI in
his appearances before the President's Foreign
Intelligence Advisory Board.
? Accomplish tasks assigned by the Deputy for the
Community in support of staff missions including
personal representations when appropriate, and
provide direct support to the coordination of
Intelligence Community issues.
CFI/NFIB Secretariat--
? Provide secretariat service to the Ch Vman
? Vice Chairman and members of the CFI and NFIB
through the Deputy for the Community.
? Prepare and disseminate agenda and basic
reference documents and secretariat papers.
? Monitor the development of CFI and NFIB
procedures under established directives.
Approved
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Support Staff
o Provide administrative and management support
for the IC Staff and NFIB elements.
? Plan, prepare, coordinate, and implement policy
and programs for the staff in such areas as:
personnel, budget, logistics, security, training,
and other administrative matters.
? Serve as liaison contact on all administrative
matters with counterparts in the various agencies
which compose the Intelligence Community.
? Serve as point of contact with the functional
offices of the Directorate of Administration/
CIA for the accomplishment of administrative
and financial services rendered to the IC Staff.
Approved Frou.
6
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OFFICE OF POLICY AND PLANNING (OPP)
Mission
Provides primary support to the DCI, through the
Deputy to the DCI for the Intelligence Community (D/DCl/IC),
on all matters relating to planning for the Intelligence
Community. Develops systems to provide planning guidance
to intelligence program managers and makes recommendations
on policy issues affecting the Community. Coordinates ef-
forts on the IC Staff to articulate DCI policy through the
Annual Report of the DCI on the Intelligence Community.
OPP provides support to tn- DCI and the D/DCI71C on in-
telligence information handling and on security matters
through the Information Handling Division, and the DCI
Security and Intelligence Information Handling Committees.
OPP provides the secretariat of the Intelligence Research
and Development Council (IRUC) of the NSC Committee on
Foreign Intelligence (CFI), and serves as the primary IC
Staff agency on matters pertaining to international ne-
gotiations affecting intelligence programs. The office
consists of a Policy and Plans Division, an Information
Handling Division, the permanent staff of the Security
Committee, and the IRUC Secretariat.
Functions
? To coordinate the development of long-range esti-
mates of substantive and managerial needs of the
Intelligence Community.
? To coordinate the development of annual planning
guidance to intelligence program managers, in-
cluding mid-range perspectives and National
Foreign Intelligence Requirements and Priorities
for Planning and Programming.
? To coordinate the development of short-range
(one year) guidance for the DCI to the Intelli-
gence Community, including the identification of
National Intelligence Goals and Objectives and
the Key Intelligence Questions.
Approved FPV,"TrP54)'/2
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? To identify those major policy and planning
issues which require DCI and/or CFI decision;
to develop the necessary background information
and recommendations and alternatives.
? To coordinate Community efforts to achieve
optimum total benefit from the exploitation of
national and tactical intelligence assets.
-e To coordinate IC Staff efforts to produce the
Annual Report to the DCI on the Intelligence
Community.
? To monitor the development of the NFIP and to
advise the DCI and CFI regarding the policy
implications of its composition.
? To coordinate Intelligence Community efforts
to develop security policies and procedures for
the protection of intelligence sources and
methods from unauthorized disclosure.
? To monitor the performance and adequacy of the
Intelligence Community's services of common
concern and identify areas requiring policy
guidance and decisions.
? To investigate and coordinate relationships
among the varied Community information handling
and communications systems and explore common
solutions to mutual problems.
? To furnish administrative support to the CFI
Intelligence Research and Development Council.
? To coordinate IC Staff efforts to provide support
? to international negotiations related to intelli-
gence programs.
8
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POLICY AND PLANNING DIVISION (OPP/PPD)
Mission
Provides primary support to the DCI, through the
Deputy to the DCI for the Intelligence Community (D/DCl/IC),
on all matters relating to planning for the Intelligence
Community. Develops systems to provide planning guidance
to intelligence program managers and makes recommendations
on policy issues affecting the Community. Coordinates
efforts on the IC Staff to articulate DCI policy through
the Annual Report of the DCI on the Intelligence Community,
and serves as the primary IC Staff agency on matters per-
taining to international negotiations affecting intelligence
programs.
Functions
? To coordinate the development of long-range
estimates of substantive and managerial needs of
the Intelligence Community.
? To coordinate the development of annual planning
guidance to intelligence program managers, in-
cluding mid-range Perspectives and National
Foreign Intelligence Requirements and Priorities
for Planning and Programming.
? To coordinate the development of short-range
(one year) guidance for the DCI to the Intelli-
gence Community, including the identification of
National Intelligence Goals and Objectives and
the Key Intelligence Questions.
? To identify those major policy and planning issues
which require DCI and/or CFI decision; to develop
the necessary background information and recommen-
dations and alternatives..
? To coordinate Community efforts to achieve optimum
total benefit from the exploitation of national and
tactical intelligence assets.
? To coordinate IC Staff efforts to produce the
Annual Report of the DCI on the Intelligence
Community.
9
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? To monitor the performance and adequacy of the
Intelligence Community's services of common con-
cern and identify areas requiring policy guidance
and decisions.
? To coordinate IC Staff efforts to provide support
to international negotiations related to intelli-
gence programs.
? To monitor the development of the NFIP and to
advise the DCI and CFI regarding the policy impli-
cations of its composition.
10
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INFORMATION HANDLING DIVISION
Mission
The Information Handling Division (IHD) maintains
the capability to investigate the relationships between
varied information handling systems and explore common
solutions to mutual problems. The IHD responds to
information handling problems involving Computer and
telecommunications applications. The IHD disseminates
information and provides guidance on the use of automated
means for rapid production and dissemination of intel-
ligence products. The IHD attempts to ensure that all
applicable technology is considered for use in the
production of national intelligence.. The Division
Chief serves as Chairman of the DCI Intelligence Infor-
mation Handling Committee, and the Division provides staff
support to the Committee.
Functions
? Monitor.and evaluate performance of data management
systems, data processing, telecommunication and
computer technology.
? Monitor the development of procedures and equipment
to support the DCI's role in reporting on crisis
situations.
? Provide a Community forum for consideration of
R&D activities that may assist the production and
dissemination of intelligence products.
? Promote increased Community-wide compatibility
in planning and operation of computer and telecom-
munication systems and networks.
? Promote Community-wide standardization of data,
files and microforms.
? Promote advice to the Community on computer and
telecommunications matters.
t,
11 ?
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. ,
Review and substantively comment on the dissemination
sections of the National Imaging Plans (NIPS).
Provide the Chairman and the staff support for the
DCI Intelligence Information Handling Committee.
Provide advice and support to other IC Staff components
on IC Staff computer and communications planning.
12
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1g5 it! L:ii ht k.:7`
SECURITY COMMITTEE
Mission
The mission of the Security Committee is to establish security
policies and procedures by which the Director of Central Intelligence
can protect intelligence and intelligence sources and methods from
unauthorized disclosure.
Functions
The functions of the Security Committee are:
? To advise and assist the DCI as appropriate in the
development and review of security policies, standards, procedures
and practices for the protection of intelligence and intelligence sources
and methods from unauthorized disclosures.
? To review, formulate and recommend to the DCI
personnel, physical and document security policies, standards and
practices and dissemination procedures applicable to all government
departments and agencies as they relate to the protection of
intelligence sources and methods.
? To review, formulate and recommend to the DCI
policies, standards and procedures for the dissemination of intelligence
materials, for the release of such materials to foreign governments,
and for the review of classified intelligence proposed for use in
unclassified activities.
? On behalf of the DCI, to call upon departments and
agencies to investigate any unauthorized disclosure or compromise
of intelligence or of intelligence sources and methods occurring
within their departments and agencies; to report the results of these
investigations to the DCI.
? To develop, review and use effective means to defend
sensitive US installations and personnel against technical surveillance.
(This is accomplished through the Technical Surveillance Countermeasures
Subcommittee.)
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)1` )!"'. ? ?' Ce;7
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a i:1
2A0 0600020001-2
.711 T1
? To develop and recommend to the DCI technical
guidance for the establishment, maintenance and improvement of
coordinated compartmentation systems. (This is accomplished
through the Compartmentation Subcommittee.)
o To review, formulate and recommend to the DCI
policies, standards and procedures to protect intelligence data stored
or processed by computers. (This is accomplished through the
Computer Security Subcommittee.)
? To foster an aggressive and imaginative program
of research and development leading to improved security equipment
and techniques. (This is accomplished through the Research and
Development Subcommittee.)
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3
Approved For Re!eese 2005/C4(24 : CIAADP7 M0.0062Ab00600020001-2
OFFICE OF PROGRAM AND BUDGET DEVELOPMENT
Provides primary support to the D/DCl/IC, the DCI and
the Committee on Foreign Intelligence (CFI), for controlling
and coordinating the development of the National Foreign
Intelligence Program (NFIP). Develops the consolidated
budget to be submitted to the President through OMB.
Monitors Community program and budget execution, including
major reprogramming activity. Develops issue papers and
recommendations for CFI. Provides on-going evaluation and
quantification of NFIP performance in terms of resource
.allocation, application and capability, in relation to
present and future national intelligence information needs.
OPBD consists of a Data Support Group, a Program and
Budget Division and a Program Analysis Division.
Main Functions:
? Develop and produce NFIP resource guidance for
promulgation by the Chairman, CFI.
? Control Community-wide development of the NFIP
component programs and budget, objectives and
resource requirements.
? Perform CFI staff interface with appropriate
elements of the Intelligence Community, the
Executive Branch, and the Congress on matters of
intelligence program and resource management.
? Identify and analyze resource issues within the
NFIP; prepare issue or other appropriate staff
papers to support the resource decision-making
mechanisms.
? Prepare NFIP program recommendations and the
consolidated budget; identify NFIP program and
budget issues, including resource requirements,
and alternatives.
? Assist the DCI in his presentation of Community
programs and budgets to the President and the
Congress.
15
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Approved For Reledte.2005/013/24 : CIALIRDPI9IVI00062A6b0600020001-2
DATA SUPPORT GROUP (DSG)
Provides data and data processing support to all
elements of the Intelligence Community Staff (ICS) y.elating
to national intelligence programs, budget, and resource
management. Develops, maintains, and operates the Community's
central management information system.
Main Functions
? Maintain the ICS data base to include information
?on the FYDP, KIQs/KEP, CIRIS, DCID 1/2, selected
aspects of the national-tactical interface, and
data files/registers of the R&D Council.
? Serve as the ICS focal point for ADP
including software development.
? Provide continuous direct support to
programming and budgeting cycle, and
evaluation activity.
support,
the CFI
related
? Initiate and participate in the development
of a Community-wide Management Information
System based on CIRIS.
? Issue data calls, including data formats and
information input instructions; validate inputs;
and participate in the development of analytic
methodologies employing automated data bases.
PROGRAM AND BUDGET DIVISION (PBD)
Assures Community-coordinated development of a
comprehensive, cost-efficient NFIP, annually. Coordinates
and monitors, CFI programming and budgeting cycle.
Formulates guidance, procedures and CFI directives
pertaining to the NFIP development process and its
substance.
Main Functions
? Develop NFIP program and fiscal guidance for
promulgation by the Chairman, CFI.
? Monitor NFIP program and budget development and
assist in DCI and CFI formal reviews during the
programming and budgeting cycle.
Approved For
1:6
;e0f3"5?7b81248: thikeREYFI70/10006/24000600020001-2
Approved For Releaie'01i5/08124'?CIA-RDP79M00062AtMil 00020001-2
? Identify major resources issues for DCI and CFI
deliberation--produce appropriate background and
position papers with recommendations and/or
alternatives.
o Provide the Community forum for assessment and,
resolution of resource management problems and
issues.
? Ensure appropriate coordination with elements of
the Intelligence Community, the Executive Branch,
and the Congress.
? Produce a finished program/budget package (NFIP)
for DCI and CFI approval.
PROGRAM ANALYSIS DIVISION (PAD)
Analyzes and assesses NFIP programs and their output in
relation to cost and national intelligence need. Determines
value relationships and shortfalls--by individual program and
across programs with particular focus on resource requirements,
allocations, applications, and effectiveness.
Main Functions
? Support the program and budget monitoring activities
of the PBD with review and analysis of NFIP issues
and problems.
o Provide the focal point for evaluation of the use
of intelligence resources in relation to CFI-stated
objectives and priorities.
o Initiate and serve as the focal point for the
identification of program trade-off issues in
support of CFI decisions. I
? Produce trend analyses (mid/long term) of the NFIP
intelligence resource capabilities, requirements,
and functional productivity.
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MISSION
vi' . (1-1? .
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IA:029n
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OFFICE OF PERFORMANCE EVALUATION AND IMPROVEMENT
The Office of Performance Evaluation and Improvement (OPEI)
supports the DCI, the CFI, and the D/DCl/IC in evaluating and
improving the performance of collection and production activities,
_systems, and programs of the national foreign intelligence
community. In coordination with the Office of Program and Budget
Development and the Office of Policy and Planning, OPEI provides
necessary personnel and expertise to staff the CFI principals
and the Chairman and Vice Chairman of NFIB.
FUNCTIONS:
? Analyze and assess the performance of the Intelligence
Community in collection and production and make
recommendations for the improvement of both.
? Review, evaluate, and improve mechanisms and procedures
by which national foreign intelligence is collected and
produced.
? Chair and provide staff support for the DCI's three
collection committees: the SIGINT Committee, the
Committee on Imagery Requirements and Exploitation,
and the Human Resources Committee.
? Develop, implement, and maintain requirements systems
for the collection of national foreign intelligence.
? Review, evaluate, and improve the mechanisms by which
collection requirements are established, prioritized,
and tasked.
? Assess the responsiveness of intelligence collection
and production activities to consumer needs.
? Monitor, assess, and recommend improvements in
Intelligence Community activities in the area of
warning intelligence and crisis support.
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Approved RA. :10-Aii4-6111f.M0,bk2-413;3690020001-2
o Provide systems analysis expertise to develop and
staff issue papers for the CFI and the NFIB.
O Coordinate and maintain liaison with such individuals,
organizations, departments and agencies within and
outside the Intelligence Community as appropriate
to fulfill OPEI responsibilities.
ORGANIZATION:
In order to carry out its responsibilities, the Office of
Performance Evaluation and Improvement staffs and maintains
four divisions: SIGINT Division; Imagery Division; Human
Resources Division; and Production Assessment and Improvement
Division. In addition, OPEI maintains an Integration Staff
as a separate element of the office to address issues which
encompass the missions and functions of more than one of the
divisions.
Approved Fo
19
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)1
?-?-? 1,? V..10 ?
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INTEGRATION STAFF
MISSION
The Integration Staff is responsible for studies and
evaluations of Intelligence Community activities and programs which
require coordination and integration of efforts involving specific
cross-source considerations and/or tradeoffs between collection
and production.
FUNCTIONS
? Develop, analyze, and evaluate plans for cross-source
and collection/production activities.
O Initiate and conduct analytical studies and assessments
of the utility and value of intelligence collection and
production activities which cut across lines of
Division responsibility.
? Serve as interface on Intelligence Community activities
of a cross-source and/or collection/production nature
?which directly affect DCI and/or CFI actions and
decisions; recommend augmentation or redirection as
necessary and develop appropriate Terms of Reference.
? Serve as the focus for evaluations of collection,
processing, and analytic systems and programs,
advanced technology and R&D outside the focus of
responsibility of the Divisions.
ORGANIZATION
The Integration Staff is a small staff of professionals
whose activities are conducted with ad hoc support from the four
Divisions of the Office. Its Chief also serves as the Office's
Deputy Director.
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HUMAN RESOURCES DIVISION
MISSION
The Human Resources Division provides primary support for
the assessment and improvement of the performance of human
resources activities. It assists other foreign information
gathering and reporting activities of the Government to improve
the national foreign information and intelligence effort. The
Chief of the Human Resources Division serves as the principal
staff advisor to the D/DCl/IC for all human resources matters.
He also serves as Chairman of the DCI's Human Resources
Committee and in this role reports and is directly responsible
to the DCI in coordination with the D/DCl/IC. The Deputy of the
Human Resources Division serves as Vice Chairman of the Human
Resources Committee.
FUNCTIONS
? Monitor, evaluate, and improve human resources
foreign intelligence collection and production
activities within the Intelligence Community.
? Evaluate performance and related support for the
development and improvement of human resources
information gathering and reportiny activities of
other Government departments and agencies for
national needs.
Provide staff support to the Chairman of the DCI's
Human Resources Committee.
? Review, evaluate, and improve the means by which
the information needs of intelligence consumers
and producers are defined, prioritized, and tasked
to collectors.
? Develop or assist in the development of Government
plans for foreign information collection and
reporting by human resources including training
and research and development support.
? Coordinate human resources activities and programs
of the Intelligence Community with related
activities of other Government departments and
agencies.
ORGANIZATION
The Human Resources Division is organizationally divided
0 s follows: staff/secretariat support to the Human Resources
ommit tee and direct management support to the Community in
human resources activities.
21
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,..,...,_.... - ,;?!,,,., r , r.,-:: 1 nr,;:-: n7,7 II
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IMAGERY DIVISION
MI$SION
The Imagery Division provides primary support for the
assessment and improvement of the performance of national foreign
intelligence imagery activities, projects, and systems. The Chief
of the Imagery Division serves as the principal staff advisor to
the D/DCl/IC for all imagery matters. He also serves as
Chairman of the DCI's Committee on Imagery Requirements and
Exploitation (COMIREX), and in this role reports and is directly
responsible to the DCI in coordination with the D/DCl/IC. The
Deputy Chief of the Division serves as the Vice Chairman of
COMIREX.
FUNCTIONS
? Analyze and assess the performance of national-level
imagery activities, projects, and systems.
o Review, evaluate, and improve the mechanisms by which
imagery collection and exploitation requirements are
established, prioritized, and tasked.
? Provide staff support to the Chairman of the DCI's
Committee on Imagery Requirements and Exploitation
(COMIREX).
Develop, implement, and maintain requirements systems
for imagery collection and exploitation.
^ Assess the responsivesness of imagery activities,
projects, and systems to consumer needs.
O Support, through the Office of Program and Budget
Development and the Office of Policy and Planning,
DCI and CFI activities relating to and affecting the
imagery program.
ORGANIZATION
The Imagery Division consists of an Imagery Assessment Branch
and five COMIREX Staff Support Units: an Executive Secretariat, an
Imagery Collection Requirements Subcommittee (ICRS), an
Exploitation Requirements Subcommittee (EXSUBCOM), an ADP
Coordinating Unit, and a Special Support Unit.
22
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r7r1 r Tr. ..F11
)i? 4,
7 1:
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SIGINT DIVISION
MISSION
The SIGINT Division provides primary support for the assess-
ment and improvement of the performance of national foreign
intelligence SIGINT activities, projects, and systems. The Chief
of the SIGINT Division serves as the principal staff advisor to
the D/DCl/IC for all SIGINT matters. He also serves as Chairman
of the DCI's SIGINT Committee and in this role reports and is
directly responsible to the DCI in coordination with the D/DCl/IC.
The Deputy of the SIGINT Division serves as the Vice Chairman of
the SIGINT Committee.
FUNCTIONS.
? Analyze and assess the performance and make
recommendations for the improvement of Intelligence
Community SIGINT activities, projects, and systems.
? Review, evaluate, and improve the mechanisms by
which SIGINT collection requirements are established,
prioritized, and tasked.
? Provide staff support to the Chairman of the DCI's
SIGINT Committee.
? Develop, implement, and maintain requirements systems
for SIGINT collection.-
? Assess the responsiveness of SIGINT activities, projects,
and systems to consumer needs.
? Support, through the Office of Program and Budget
Development and the Office of Policy and Planning,
DCI and CFI activities relating to or affecting the
SIGINT program.
ORGANIZATION
The SIGINT Division consists of a SIGINT Assessment Branch
and three SIGINT Committee Staff Support Units: an Executive
Secretariat, a SIGINT Requirements Validation and Evaluation
Subcommittee (SIRVES), and SIGINT Overhead Reconnaissance
Subcommittee (SORS).
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MISSION
7n. g
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PRODUCTION ASSESSMENT AND IMPROVEMENT DIVISION
The Production Assessment and Improvement Division provides
support for the assessment and improvement of national foreign
intelligence production in the context of the needs of the
producers and consumers of intelligence. It also supports the
work of the Intelligence Community Staff related to intelligence
warning and crisis procedures.
FUNCTIONS
? Initiate, direct, and/or conduct ad hoc assessments,
reviews, and post mortem studies of Intelligence
Community performance.
.
Review and evaluate the quality, timeliness, use-
fulness, and adequacy of national foreign intelligence
products.
Monitor and assess the activities of the Intelligence
?
Community in the area of warning intelligence and
crisis support; develop, propose, and help to
implement means to improve performance in this area.
? Develop, propose, encourage, and help to implement
means to improve intelligence production including
the use of new analytical methodologies and new means
of product presentation.
? Develop and maintain data and procedures for evaluating
substantive intelligence performance.
? Support the DCI, NFIB, and the CFI in evaluating
consumer-producer relationships.
? Maintain liaison with appropriate individuals and
committees concerned with collection and production, with
intelligence consumers inside and outside the
Intelligence Community, and with appropriate
contractors.
ORGANIZATION
The Production Assessment and Improvement Division consists
IIIf two branches: a Performance Evaluation Branch and a Crisis
telligence and Product Improvement Branch.
24
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ri
?
. L t
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2 2 JUL 197E
MEMORANDUM FOR: Deputy Director of Central Intelligence
Deputy to the DCI for the Intelligence Community
FROM : George Bush
Director
SUBJECT : Delegation of Authority for the Performance of Your
Duties
1. By this memorandum I am delegating authority to the Deputy Director
of Central Intelligence and to the Deputy to the Director of Central Intelligence
for the Intelligence Community, pursuant to paragraphs (2) and (3) of
section 3(d) of Executive Order 11905 which is necessary for the performance
of the duties of those positions. To the extent that any existing delegations
may be inconsistent with this memorandum, they are hereby superseded.
2. Authority as acting Director
Section 102(a) of the National Security Act established the CIA with a
"Director of Central Intelligence who shall be the head thereof." The Act also
established the position of "Deputy Director of Central Intelligence" and
provides that the DDCI shall "act for, and exercise the powers of, the Director
during his absence or disability." This memorandum cannot and does not
intend any negation of or exceptions to those statutory provisions. Therefore
in my "absence or disability" the Deputy Director of Central Intelligence "shall
act for, and exercise the powers of, the Director."
3. Delegation to the Deputy Director of Central Intelligence
There is hereby delegated to the DDCI:
a. all authorities vested in the Director of Central Intelligence by
statute, law and regulation as head of the Central Intelligence Agency,
including the authority to certify the expenditure of funds as provided
by section 8 of the Central Intelligence Agency Act, as amended, con-
sistent with the decision of the Comptroller General addressed to my
predecessor on 2 January 1962 (41 Comp. Gen. 429); and
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b. those authorities vested by E.O. 11905 in:
(1) the Director of Central Intelligence which pertain to the
Central Intelligence Agency; and
(2) the Central Intelligence Agency.
4. Delegation to the Deputy to the Director for the Intelligence
Community (hereinafter Deputy for the Community)
There is hereby delegated to the Deputy for the Community:
a. all authorities vested in the Director of Central Intelligence
by the National Security Act, except those delegated by paragraph
3.a. of this memorandum;
b. all authorities vested in the Director of Central Intelligence
by Executive Order 11905, except those delegated by paragraph 3.b.
of this memorandum; and
c. to the extent that information, advice, and recommendations
concerning the Intelligence Community or the overall national
intelligence efforc may be due the President's Foreign Intelligence
Advisory Board, the authority to take the actions required of the
Director of Central Intelligence by Executive Order 11460.
5. In order to assist me in the performance of my responsibilities, you
are authorized and directed to perform the following duties under my super-
vision and guidance:
a. Deputy Director of Central Intelligence
(1) manage the Central Intelligence Agency;
(2) in my absence, attend meetings of the Operations
Advisory Group;
(3) as the Central Intelligence Agency member, attend
meetings of the National Foreign Intelligence Board (NFIB);
(4) manage the CIA Program, an element of the National
Foreign Intelligence Program;
2
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(5) supervise the production of national intelligence by
CIA;
(6) perform the functions assigned to the CIA under
Executive Order 11905;
(7) as prescribed by National Security Council Intelligence
Directives or otherwise:
(a) plan, review and evaluate all CIA activities and
allocate CIA intelligence resources among its subordinate
components;
(b) provide CIA representation on Intelligence Community
advisory boards and committees;
(c) assist in developing priorities for collection and
production of national intelligence and for undertaking, as
directed, other foreign intelligence activities, e.g., covert
action;
Ir.
(d) formulate policies with respect to arrangements with
foreign governments on intelligence matters; and
(e) support the Deputy for the Community in the
development of standards and practices relating to the
protection of intelligence sources, methods and analytical
procedures; and
*(8) such other duties pertaining to the Central Intelligence
Agency as may be prescribed.
b. Deputy to the Director of Central Intelligence for the
Intelligence Community
(1) at my request, represent the Director of Central
Intelligence at meetings of the Committee on Foreign Intelligence;
(2) be Vice-Chairman of the NFIB;
(3) be head of and direct the Intelligence Community Staff;
Oe-vised 5 August 1976 to read: (8) Overview the Director of Central
r
elligence committees, except the Inspectors General Committee, on
half of the Director.
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(4) make recommendations on NFIP programs, resources
and issues to the CFI and maintain data pertaining to the NFIP;
(5) coordinate within the Intelligence Community the
implementation of intelligence policy and program directives
emanating from the President, NSC, CFI, Intelligence Oversight
Board and the Director of Central Intelligence;
(6) evaluate programs and products of the NFIP;
(7) advise the DCI on Intelligence Community matters;
(8) supervise the activities and provide staff support for
the SIGINT, COMIREX and Human Resources DCI Committees,
and coordinate the activities of all other DCI Committees except
the DCI Committee of Inspectors General.
(9) as prescribed by National Security Council Intelligence
Directives or otherwise:
(a) ensure the 'development and submission of a
budget for the NFIP to the CFI;
(b) assist in the development of national intelligence
requirements and priorities;
(c) establish procedures to ensure the propriety of
requests to the Intelligence Community;
(d) ensure the development of standards and practices
to protect intelligence sources, methods and analytical
procedures;
(e) establish a rigorous program to downgrade and
declassify foreign intelligence information, consistent
with E.O. 11652;
(f) assist the DCI in advising the President and others
on Intelligence Community matters;
(g) ensure the establishment of common security
standards for handling foreign intelligence and for granting
access thereto;
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(h) establish uniform criteria for transmission of
critical intelligence;
(i) consult with users and producers of intelligence
to ensure timeliness, relevancy and quality of the
intelligence product; and
(10) such other duties pertaining to the Intelligence
Community as may be prescribed.
6. In my absence attendance at meetings of the National Security Council
and the PFIAB.will be determined on the basis of the subject matter of such
meetings and in consultation with me. On other matters which do not clearly
pertain exclusively to the Agency or exclusively to the Community, you should
consult with each other, or with me, to determine where the action lies.
LsL
Pe?raq
George Bush
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OGC 76-380:
9 July 1976
MEMORANDUM FOR: Director of Central Intelligence
FROM : Anthony A. Lapham
General Counsel
SUBJECT
: Delegation of Authority to Deputy Director of Central
Intelligence and Deputy to the DCI for the Intelligence
Community
1. I am forwarding for your consideration and recommended signature
a memorandum by which you delegate authority to the two Deputy Directors,
and Mr. Knoche. A delegation to the Deputy Director of
Central Intelligence is required by Executive Order 11905. While the Executive
Order does not specifically direct delegation of authority to the Deputy to the
DCI for the Intelligence Community, as a practical matter, and as a matter of
law, a delegation is necessary if he is to discharge functions.
?
2. Paragraph 2 of the memorandum of .delegation is not a delegation but
simply records the fact that in certain circumstances the Deputy Director of
Central Intelligence, by statute, is the Acting Director and is to "act for, and
exercise the powers of, the Director" in his "absence or disability."
3. Paragraphs 3 and 4 delegate all of your authorities to one or the
other of the two Deputies; all your Agency authorities go to the DDCI, all
your Community- or Government-wide authorities go to the Deputy for the
Community.
4. The fact that you delegate all your authorities of course does not
mean that you divest yourself of them or of your responsibilities. It simply
authorizes one or the other of your two Deputies to exercise all the powers
which you have the authority to delegate.
5. Paragraph 5 is by way of specifying in non-legal terms the types
of activities and function each would perform, pursuant to the delegations in
paragraphs 3 and 4. Paragraph 5 does not purport to be an all-inclusive list.
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In practice, I am sure that understandings will develop between you and each
Deputy and between the two of them as to the areas in which each will act
without consultation with you or with each other and, conversely, those areas
in which they are not to act or are to act only upon consultation with you.
6. The memorandum of delegation reflects a certain fuzziness or
contradiction inherent in the National Security Act and Executive Order 11905.
In particular, the Act provides that in the "absence" of the Director the DDCI
shall exercise the powers of the Director. The memorandum provides that
the Deputy for the Community is to represent the Director at CFI meetings and
one or the other, as appropriate to the subject, will attend meetings of the
National Security Council and PFIAB. To some degree these provisions of
the memorandum would seem to conflict with the statute. I believe, however,
that the term "absence" in the National Security Act should be construed to
mean those occasions when the Director is absent because he is on vacation or
ill and is not available to discharge the duties of his office. In those instances
when it is necessary that he be absent from a meeting of the National Security
Council, PFIAB or another organization, undoubtedly the official who would
be present in his stead would be whatever official the Council, PFIAB, etc.
or the Director desired. Quite probably in many cases it would be in order
for both Deputies to attend.
7. Recommend your signature.
Attachment
CONCUR:
_ _
r. R. 1