REVISION OF NSCIDS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79M00062A001200010007-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 16, 2016
• Document Release Date: October 6, 2004
• Sequence Number: 7
• Content Type: MF

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THE DIRECTOR OF CENTRAL INTELLIGENCE
WASHINGTON, D. C. 20505
Intelligence Community Staff
DCI/IC-76-1238
MEMORANDUM FOR:, Members of the Committee on Foreign Intelligence
1. Reference is paragraph 8(b) o, the Executive Order,
"United States Foreign Intelligence Activities," dated 18 February
1976, which provides that "all existing' National Security Council
Intelligence Directives shall be amended to be consistent with the
Order within 90 days of its effective date.
2. It is not considered feasible to substitute CFIDs for
the NSCID series for several reasons:
("*N
a. The E.O. specifically calls for amendment of
the NSCIDs (Sec. 8(b).
b. The CIA is charged in the E.O. to collect
intelligence "in accordance with directives of the National
Security Council" (Sec. 4(b)(2), and to conduct services of
common concern "as directed by the National Security Council,"
(Sec. 4(b)(6).
c. The existing NSCIDs assign certain responsibilities
,to the Secretary of State and the secretary of Defense. A
`CFI authority to task the departmental secretaries has not
been stated.
3. To expedite action on revision of the NSCIDs, CFI
decision is needed on several questions.
4. Should the NSCIDs be rewritten so as to make them
unclassified? It is recommended the answer be "No." To be
-effective, NSCIDs must deal with Intelligence Community problems
at whatever classification the subject matter calls for--and
at least some portions of the present N:3CIDs deservedly bear a
high classification.
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5. Should the text of the Executive Order be included
in the classified NSCIDs?
a. Following issuance of the President's memorandum
of 5 November 1971 on "Organization and Management of the
U.S. Foreign Intelligence Communit:r," all of the material
in the memorandum was incorporated in a reissued set of
NSCIDs in February 1972. NSCID No. 1, "Basic Duties and
Responsibilities," was the vehicle which reexpressed the
President's memorandum.
b. -Given the legal status of an Executive Order, in
contrast to that of a memorandum, question can be raised
as to whether there is any need to restate provisions of the
E.O. in a corresponding NSCID.
c. If the decision Is that.Aihatever is contained in
the E.O. need only be referenced a3 appropriate in a NSC.ID,
several of the existing NSCIDs could be markedly reduced in
length.
d. It is recommended the CFL approve merely referencing
the E.O. as appropriate in the revised NSCIDs, with no attempt
to reproduce the text of the E.O.
n 6. Should the revised NSCIDs be Lncorporated into a single
omnibus NSCID or should the NSCIDs'be reissued as separate documents,
as in the present series?
a. If the decision Is to in,,lude all of the E.O. text
in the NSCIDs, an omnibus NSCID combining unclassified and
classified material would be quite a lengthy document.
b. The combined length of tae present series of eight
NSCIDs is 25 printed pages. Even Lf material covered in the
E.O. is not to be included in the NSCID text, a single omnibus
document still could be quite lengthy. Any attempt to amend
one portion of such an omnibus document could pose the risk
of opening up the entire text to review.
c. Mr. Colby was quite inte^ested in having an
omnibus NSCID developed, and the p^oject reached the point
at which a draft was submitted for USIB consideration. The
draft was withdrawn at the request of OSD on the ground that
action should be deferred pending ,he outcome of the ongoing
investigations.
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d. Mr. Colby had originally wanted the omnibus
NSCID written as an unclassified document so he would be
able to answer charges that he was operating under a "secret
charter." He was persuaded that the initial effort should
be to write an omnibus NSCID at the Secret level, and then
determine what might need to be done to it to eliminate the
classification entirely.
e. The issuance of the new E.O. of.18 February in
many ways meets the objective which Mr. Colby had in
initiating the omnibus NSCID project.
7. Should the present set of eight NSCIDs, each addressing
a different subject, be retained, or should those NSCIDs, subject
matter of which is adequately addressed by the E.O. be rescinded
without replacement?
a. The numbering system and subject categories of
the present NSCID series is the basis for the numbering and
subject coverage of the existing Director of Central Intelligence
Directives. All elements of the Intelligence Community are
familiar with this system. Change in the NSCID numbering
system and subject coverage would require establishment of
a new DCID system, or a decision that the DCID classification
system need not be based on a, corresponding NSCID.
b. Preliminary review suggests that three of the
existing eight NSCIDs (No. 2, "Coordination of Overt
Collection Activities;" No. 3, "Coordination of Intelligence
Production;" and No. 7, "Critical Intelligence Communications")
could be rescinded--assuming it is not necessary to reproduce
text of the E.O. in the appropriate NSCID--because their
essential elements are now covered by the E.O. If reissued,
each of these three NSCIDs could be very brief.
c. Choice between these alternatives is virtually a
toss-up, but a decision to rescind unneeded NSCIDs and
develop a new reference system for DCIDs is recommended.
8. Although all of the NSCIDs will be given careful review,
the only existing NSCID requiring major revision is No. 1, "Basic
Duties and Responsibilities." The organizational structure now
presented in NSCID No. 1 has been virtually eliminated by the new
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E.O. Moreover, the new E.O. does not mention certain long-standing
DCI functions which have proved important in practice. Functions
which are.not mentioned in the E.O., probably because of classifica-
tion, but are in the NSCID, are the DCI responsibility to formulate
policies "with respect to arrangements with foreign governments on
intelligence matters;" and to disseminate intelligence to foreign
governments and international bodies upon his determination that
this will promote the security of the United States..
9. In summary, it is requested the Committee approve one
of the following as the course of action to be followed for
amending the existing NSCIDs as directed in the Executive Order:
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a. Incorporate the text of--~the E.O. into the NSCID
series, retaining the present titles and. numbering system,
and developing new NSCIDs as neces>ary to cover material
in the E.O., but not now the subject of a NSCID.
b. Incorporate the text of the E.O. into a single
classified omnibus NSCID encompassing both the E.O. and
pertinent provisions of the existing NSCIDs.
c. Reference the E.O. as appropriate (but make no
attempt to incorporate wording of the E.O. text) and amend
the existing set of NSCIDs as. classified documents, expanding
upon the E.O. and retaining necessary NSCID direction not
covered by the new E.O. All eight of the present NSCIDs
would be reissued.
d. Reference the E.O. as appropriate, amend those
NSCIDs which need to be retained as classified documents,
and request recision of those NSCIDs which are adequately
covered in the new E.O. This would eliminate the present
numbering system on which the DCID.3 are based.
e. Reference the E.O. as appropriate, rescind all
of the existing NSCIDs and issue a new omnibus NSCID as a
single classified document including those NSC directions
needed to expand upon the new E.O. and retaining essential
material in the present NSCIDs which is not addressed in
the E.O. Under this alternative, directions to the Intelli-
gence Community would be included in an unclassified Executive
Order, a single classified NSCID, such action memoranda and
other directives as are included in the Committee. on Foreign
Intelligence Directives, and such detailed directives amplifying
the foregoing as are issued by t.e Director of Central Intelli-
gence in his DCIDs.
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10. It is recommended that the Committee approve either
"d." or "e." above.
'a.muel V. Wilson
Lieutenant General, USA
Deputy to the DCI for the
Intelligence Community
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