FURTHER CHANGES TO THE PROPOSED REVISIONS TO E.O. 12036

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00890R000300050001-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 19
• Document Creation Date: December 15, 2016
• Document Release Date: September 5, 2003
• Sequence Number: 1
• Publication Date: May 27, 1981
• Content Type: MF

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OGC 81-04400
27 May 1981
MEM0YL' Nr)UM FOR: See Distribution
STAT FROM
SUBJECT
REFEI :;i' "L'
Associate Deputy General Counsel
Further Changes to the Proposed Revisions
to E.O. 12036
My Memorandum dated 14 May 1981, Same Subject
V.il;! DDCI has made a number of decisions regarding the
matters e.'H.scussed in the reference. Those decisions are
contained i-fa the copy of the redrafted Order at Tab A. In order
to facilitate your identification of the most recent changes, I
have attached at Tab B a marked-up copy of the 15 May 1981 draft
which has the latest changes annotated.
-
Distribution:
Deputy Director for Operations
Deputy Director for National Foreign Assessment
Deputy Director for Administration
Deputy Director for Science and Technology
Director of Personnel
Comptroller
Inspector General
Legislative Counsel
Director of Public Affairs
Director, Equal Employment Opportunity
Director, NIEPS
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STAT
 STAT Approved For Release 2003/12/19 : CIA-RDP84B0089OR000300050001-1
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 Approved For Release 2003/12/19 : CIA-RDP84B0089OR000300050001-1 .d
MEMORANDUM FOR: See Distribution
FROM : I
14 May 1981
Associate Deputy General Counsel
SUBJECT Further Suggested Changes to E.O. 12036
1. At the conclusion of the IG-I meeting last week at which
the participants reviewed the proposed changes to E.O. 12036,
those at the meeting were invited to submit written comments
outlining their positions on what they considered as outstanding
issues. To date, comments have been received from Defense,
Justice and State. Copies of those comments are attached for
your Information.
2. Due to the extreme press of time, I have reviewed the
attachments and passed the following to F- P is
responsible for these matters on behalf
3. DOD Paper: I find nothing objectionable to their
comments and suggestions relative to Sections 1-201, 1-604,
1-607, 1-301(t), 1-902, 1-903, 1-905, 1-911, 1-1001(c),
1-1002(j), 2-309(a), 4-104, 4-207(c), 4-207(f), 4-209(b), and
4-215(a). Obviously, having personally participated in the
drafting of Sections 1-301(1) and (j) the DDCI will have to face
their suggestions on these two subjects. I do not find that DOD
has made a persuasive case that should cause the DDCI to change
his opinion on these matters and would urge him not to do so.
Clearly the DOD proposal on Section 1-301(q) is, as have been
other similar previous proposals, objectionable. In my view
there is no need for the language DOD proposes to add to Section
1-301(s). I have no objection to the parallelism between
1-301(y) and a section covering the same section in the Secretary
of Defense (current Section 1-1111 and new Section 1-911). The
language of such, however, should be that as now contained in
proposed Section 1-301(y). I strongly oppose the DOD proposed
change to Sections 1-912 and 1-1002(1). I do not think the DOD
proposed addition to section 1-301(o) is necessary but would not
strongly oppose the addition. The DOD proposed addition to
Section 1-301(u) is not needed. Given that it would be nice not
to have to report crimes that are relatively minor (not serious),
the currently drafted version to Section 1-509 is preferable to
that now proposed by DOD, however, the DOD proposed version for
this section may he subject to less public criticism. Obviously,
the DDCI and DCI will have to carefully weigh this factor. I do
not see that the DOD proposed changes to Sections 2-303 or
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 Approved For Release 2003/12/19 : CIA-RDP84B0089OR000300050001-1
3-103(a) are necessary with the exception that the change from
"and" to "or" in 3-103(a), in my opinion, more accurately conveys
the intent of that section. Rationale similar to that governing
reporting "serious" illegalities under Section 1--506, as
discussed above, seems equally applicable to reporting "serious"
questions of legality to the IOC in Sections 3-103(a) and 3-201.
4. Justice Comments: Regarding Sections 1-301(i) and (j),
and 1-509, see the comments above. I do not see a need for the
Justice proposed change to Section 2-307 but also see no great
objection to it either. As Section 4-104 seems to be a
satisfactory compromise to all Agency components, I do not know
if a meeting, as Justice proposes, would be useful. I continue
to be of the view that a detailed definition of "coordination"
would cause more problems than it would solve.
5. State Comments: Regarding Sections 1-301(i), (j) and
(y), 1-607, 3-103, 3-201, 3-202, 3-204, 3-205, see the comments
above. There is no need for the State proposed change to the
language for Section 1-301(o).
6. Special Activities: There are five different
definitions for this term now on the table: ((1) that currently
in the order, (2) that which was the subject of the IG-I meeting,
(3) the State version, (4) the DOD version, and (5) the Justice
version). Although all seemed aimed at the same objective, the
one which was the subject of the meeting seems quite
satisfactory.
7. As you know, the revision of the Order is on a fast
track. If all of the above is satisfactory to you, you need do
nothing. If, however, I have missed an important consideration
about any of the matters addressed in these three comment papers,
please let me know before the end of this week.
Distribution:
Deputy
Director
for
Operations
Deputy
Director
for
National Foreign Assessment
Deputy
Director
for
Administration
Deputy
Director
for
Science and Technology
Director of Personnel
Comptroller
Inspector General
Legislative Counsel
Director of Public Affairs
Director, Equal Employment Opportunity
Director, NIEPS
2
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 --------------
Approved For Release 2061A'211T.08lR=kDP8UB00890FiVQ0 M500-1
In Reply Refer to:
I-04055/8.1
MEMORANDUM FOR DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE
CIA HEADQUARTERS
Washington, DC 20505
SUBJECT: Issues and Editorial Changes for the EO 12036
Replacement
Attached in response to the request you made at the IG-I
meeting on 7 May 1981 is a listing of Defense Department
issues with the 1 May draft of the Order that would replace
EO 12036 and a set of editorial changes that Defense considers
would improve the new Order.
Since there may be considerable differences among the issues
and editorial changes being proposed by the I G- I m.mcmbers, I
th this
suggest that another meeting of the IG-I be~held a lter
week for review of the Order prior to its being `u by
the DCI to the SIG-I.
Richard G: StilWell
Cc:,er 1 , USA (R et . )
Acting
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 11 May 1981
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Defense Department Issues With The
DCI a era t of Dated May 19$1
Sec. 1-201
The former DoD position that the new Order should provide specifically for the
establishment of the NFIB and V IC, and specify their membership and responsi-
bilities, is withdrawn in consieration of the D/DCI assurance that information
comparable to what is set forth~'in the DCI memorandum of 9 March 1981, "Estab-
lisment of DCI ADvisory Board and Council," will be promulgated as a new DCID.
Sec. 1-301(i) and (j)
These sections extend the DCI role considerably beyond what is provided in
Section 1-601(i) and Section 1-604 of EO 12036, and would intrude the DCI
directly into the responsibilities of the Secretary of Defense for the manage-
ment of DoD.
No reason for such a significant extension of the DCI role has been demon-
strated. The argument has been made that the DCI would seek to eliminate
"leaks" of classified information. Defense considers the attack on this prob-
lem should focus on legislation that would provide both criminal and adminis-
trative penalties for unauthorized disclosure of classified information.
Defense recommends that the present language of Section 1-601(i) and Section
1-604 of EO 12036 be retained without change, makin -what is now Section 1-604
a lettered paragraph in the listing of responsibilities.
If this is not acceptable, the following language is proposed for the new
Section 1-301:
"(i) Provide policy and guidance [Establish,] with the advice of the
Intelligence Community, and technical assistance for the development
of [common] security standards and procedures to govern Lallj indi-
viduals and entities having access to or that distribute national
foreign intelligence [and counterintelligence], provided that such
policy and guidance [standards] shall not preclude any department or
agency from imposing higher security standards or from complying with
specific statutory requirements applicable to that department or
agency."
"(j) Provide policy, guidance and technical assistance, [Develop] in
accordance with applicable law an restrictions contained in this
Order, for the protection of [specific means to protect] intelligence
sources and methods from unauthorized disclosure, including policy
and guidance concernin the establishment of minimum standards and
procedures to govern all] individuals and entities having access to
or that distribute information that would reveal these sources and
methods."
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 Sec. 1-301 roved For Release 2003/12/19: CIA-RDP84B00890R000300050001-1
This section needs to be amended to ensure a smooth transition from peacetime
to wartime operations to ensure that when the President so directs the Secre-
tary of Defense can accomplish his wartime responsibilities as the "number
two" person in the NCA.
Section 1-301(q) should be amended as indicated by the underlined addition:
"(q) Establish mechanisms to translate national foreign intelligence
objectives and priorities developed by the NSC into specific guidance
.for the Intelligence Community, and ensure [in consultation with the
Secretary of Defense] that such mechanisms are fully responsive to the
needs of the Secretary of Defense in the conduct of military opera-
tions includin the development of plans and arrangements for transfer
of control o tasking authority to the Secretary of Defense when
directed by the President.'
Sec. 1-301(s)
This section omits the provision for appeal contained in Section 1-503 of EO
12036. It should be amended as indicated:
"(s) Resolve conflicts of tasking priority in national foreign intel-
ligence activities, with reco nition that any department head ma seek
review of such resolution by appeal to the NS ;
Sec. 1-301(y)
This section should be amended and should appear both in Section 1-301 and
also in Section 1-911, where it appeared in EO 12036 among the responsibili-
ties of the Secretary of Defense. If it is to appear at only one place in
the Order, it should be at Section 1-911.
The phrase "and intelligence-related activities" was not in EO 12036 (Section
1-1111) and should not be in the new Order. The program and budget for IRA
activities are a Defense Department responsibility..
"(y) Together with the Secretary of Defense, ensure that there is no
unnecessary overlap between national foreign intelligence programs
and Department of Defense intelligence programs [and intelligence-
related activities], and provide to an obtain from the Secretary of
Defense all information necessary for this purpose."
Sec. 1-604
The word "all," which was not in the comparable Section 1-804 of ED 12036,
should be deleted. The Military Services conduct low-level defensive counter-
intelligence activities, the volume of which in areas such as West Germany
where large numbers of US troops are stationed, precludes case-by-case coordi-
nation with CIA. These activities do not fall within the "personnel security
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 programs "IbfddcFdrrRitlwsrZWS/[It/j~ :ttIA 8419608901k060800b80d0 11 i igence."
Section 1-604 shouTd read:
"1-604. Conduct counterintelligence activities outside the United
States and coordinate [all] counterintelligence activities conducted
outside the United States by other departments and agencies;"
Sec. 1-607
The proposed rewording of Section 1-807 is confusing since the collection of
information "not otherwise obtainable" has heretofore been meant to apply to
collection "by clandestine means." The wording now in ED 12036 should be
retained as follows:
"1-607. Coordinate the collection outside the United States of
intelligence information [by clandestine means and coordinate the
collection outside the United States of intelligence information]
not otherwise available."
Sec. 1-911
The following should be inserted as a new section in the Order, replacing Sec-
tion 1-1111 of EO 12036 which was deleted in the redrafting of the Order:
"1-911. Together with the Director of Central Intelligence, ensure
that there is no unnecessary overlap between national foreign intel-
ligence programs and Department of Defense intelligence programs and
provide to and obtain from the Director of Central Intelligence all
informationecessary for this purpose."
Section 1-911 as proposed above, and Section 1-301(y), as drafted for the new
Order, are reciprocal. If a paragraph of this nature is to appear at only one
place, it should be at Section 1-911.
Sec. 1-912
This section should be amended as indicated since Section 1-301(g) provides
that the DCI shall "formulate policies concerning intelligence relationships
with foreign governments."
-."1-912. Establish and maintain military intelligence relationships
and military intelligence exchange programs with selected cooperative
foreign defense establishments and international organizations, and
ensure that such relationships and programs are in accordance with
policies [and procedures] formulated by the Director of Central
Intelligence."
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This is a section proposed by NSA, but the NSA wording has been altered and,
as written, Section 1-1002(1) would make NSA activities in the communications
s,.ecurity field, which are not intelligence activities, subject to DCI policies
and procedures. The section should read:
"1-1002(1). Conduct of foreign cryptologic liaison for intelligence
purposes [relationships] in accordance with policies--[an procedures
ormu ated by the Director of Central Intelligence."
Section 1-301(g) provides that the DCI shall "formulate policies concerning
intelligence relationships with foreign governments."
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 Defense Department Editorial Changes
0
Approve 0001-1
Sec. 1-301(o)
"Have full responsibility for production and ssemination of national foreign
intelligence and authority to levy analytic talks on departmental intelligence
organizations, in consultation with those organizations, ensuring that appro-
priate mechanisms for competitive, analysis are developed so that diverse
points of view are fully considered and that differences of judgment within
the Intelligence Community are brought to the attention of policymakers."
(The proposed amendment directly addresses a concern expressed by
the Assistant to the President for National Security Affairs in his
memorandum to the DCI on revision of EO 12036.
The amendment also reflects the DCI's remarks at his speech to the
Chamber of Commerce of the United States on 28 April 1981.)
Sec. 1-301(t)
"Provide guidance for National Foreign Intelligence Program and budget develop-
ment to Intelligence Community program managers, heads of component activities,
and department and agency heads;"
(Section 1-402 provides that "heads of component activities" are to
develop and submit programs and budgets to the DCI, so they also
should be recipients of guidance, as is presently provided in Section
1-602(b) of EO 12036.)
Sec. 1-301(u)
"Develop, in consonance with NSC -guidance, and with the advice of the program
managers and the departments and agencies concerned, the National Foreign
Intelligence Program budget, and present it to the President through the
Office of Management and Budget."
(Addition of reference to NSC guidance recognizes that even though'
the new Order does not treat with the specific mechanisms to be
established in the NSC stucture to handle intelligence matters,
there will be an NSC role in guidance for the NFIP budget.
The reference to program managers is added because deletion of the
EO 12036 phrase "with the advice of the NFIB" from Sec. 1-602(c)
affects program managers who were NFIB participants but who, in
DoD, are not all agency heads.)
Sec. 1-509
"Report to the Intelligence Oversight Committee of the President's Foreign
Intelligence Advisory Board and keep the Director of Central Intelligence
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 appropr i ai o Wr9fe~e 4 e?r4MJ2/gncy h~~4R~~~A@$@@~ 4t~4@45@~o t11e i r org an i -
zations which raise [serious] questions of legality or serious impropriety
[propriety]."
(Eliminates the impression some illegality is not serious.)
Sec. 1-9Q,2
"Collect, produce and disseminate foreign military and military-related intel-
ligence information, including scientific, technical, political, biographic,
geographic and economic information as required for execution of the Secre-
tary's responsibilities."
(The DoD collects biographic information.)
"Conduct programs and missions necessary to filfill national, departmental,
and tactical foreign intelligence requirements."
(The DoD has all three such programs and missions.)
Sec. 1-905
"Direct, operate, control and provide fiscal management for the intelligence
components of the Department of Defense; [Nationalcecurity Agency, and for
defense and military intelligence and national reconnaissance entities]."
(This says the same thing in half the number of words.)
Sec. 9-111
"Protect the security of Department of Defense installations, activities,
property, information and emplo ees [personnel] by appropriate means, includ-
ing such investigations of app i-cants, employees, contractors and other
persons with similar associations with the Department of Defense as are
necessary."
(This matches Sec. 1-911 with the comparable Sec. 1-611 on CIA.
"Employees" is a defined terms in the Order and "personnel" is not.)
Sec. 1-1001(c)
"Coordination of all Department of Defense [foreign] intelligence collection
requirements."
(Insertion of "foreign", which was not in Section 1-1201(c) of EO
12036, eliminates the DIA role in counterintelligence.)
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 Sec. 1-1002~6~roved For Release 2003/12/19 CIA-RDP84B0089OR000300050001-1
"Protection of the security of its installations, activities, ropert , infor-
mation and employees [personnel] by appropriate means including such investi-
gations of app scants, employees, contractors and other persons with similar
associations with the NSA as are necessary."
(With these changes, the charges in Sec. 1-611 on CIA, Sec. 1-911 on
the Secretary of Defense and Sec. 1-1002(i) employ the same words.
"Employee" is a defined term in the Order while "personnel" is not.)
Sec. 2-303
This section is confusing. It should be reworded and still attain the same
end, as follows:
"2-203. Electronic, optical or mechanical monitorin . Electronic, optical or
mechanics devices may be used to monitor persons within the United States in
circumstances where a warrant would be required for law enforcement purposes,
only in accordance with the Foreign Intelligence Surveillance Act of 1978.
The use of such devices to monitor persons in the United States where no war-
rant would be required for law enforcement purposes, as well as the use of
such devices to monitor United States persons outside the United States, shall
be governed by procedures established pursuant to Section 2-201.
(Adoption of this language would enable deletion of the material set
off in parentheses in the proposed new Section 2-206, "Physical Sur-
veillance".)
Sec. 2-309(a)
"Cooperation with appropriate law enforcement agencies for the purpose of pro-
tecting the employees [personnel], information, rod perty and facilities of any
agency within the Intelligence Community;"
(See the note on Sec. 1-1002(j) above.)
Sec. 3-103(a)
"Review periodically the practices and procedures of the Inspectors General
and General Counsel with responsibilities for agencies within the Intelligence
Community for discovering and reporting to the IOC intelligence activities
that raise [serious] questions of legality or [and] serious impropriety [pro-
priety] and consider written and oral reports submitted by nspectors General
and General Counsel [them] concerning such activities;"
(Clarity.)
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 Sec. 3-201Approved For Release 2003/12/19 : CIA-RDP84B0089OR000300050001-1
"Transmit timely reports to the IOC concerning any intelligence activities
that come to their attention and that raise [serious] questions of legality
or serious impropriety [propriety];"
(This reflects discussion at the IG-I meeting of 7 May. The same
changes should be made in Secs. 3-202, 3-304 and 3-205.)
Sec. 4-104 (last sentence)
"Liaison by DEA with intelligence and internal security services of foreign
governments will be conducted in accordance with procedures established by the
Director of Central Intelligence."
Sec. 4-207(c)
"The Defense Intelligence AGency (DIA);"
(To be consistent with the style of 4-207(a) and (b).)
Sec. 4-207(f)
"The intelligence elements of the Army, Navy, Air Force and t'arine Corps [mili-
tary services], the Federal Bureau of Investigation (FBI), the Department of
the Treasury, and the Department of Energy; and"
(More definitive.)
Sec. 4-209(b)
"Appears intended to endanger a protectee of the Secret Service, [or] the
Department of State, or other Federal department or aqency. or to further
political, social or economic goals...." (Balance unchanged.)
(Completeness.)
Sec. 4-212
"Special activities means activities conducted in support of national foreign
policy objectives abroad, [are not planned to influence US public opinion or
policies and] which are planned and executed so that the role of the United
States Government is not apparent or acknowledged publicly, and which are not
intended to influence US public opinion or policies, including an unctions
in support o such activities, but not including diplomatic activity or the
collection and production of intelligence or related support activities."
(Clarity.)
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 Sec. 4-210mved For Release 2003/12/19 : CIA-RDP84B0089OR000300050001-1
"For purposes of collection of information by any technique for which a warrant
would be required if undertaken for law enforcement purposes, and the dissemi-
nation acrd retention of such information, a citizen of the United States, an
alien lawfully admitted for permanent residence, an ynincorporated association
organized in the United States or substantially composed of United States
citizens or aliens lawfully admitted for permanent residence, or a corporation
incorporated in the -United States, except a corporation openly acknowledged by
a foreign government or governments to be directed and controlled by such
foreign government or governments; or"
(Make the phrase in the sixth line comparable with that in the fourth
line.)
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 Approved For Release 2003/12/19: CIA-RD
M'eshinrlon, D.C. 20530
MAY 11 1981
MEMORANDUM FOR ADMIRAL B. R. INMAN
IG/I for E.O. 12036
Re: Comments Concerning May 4 Proposal for
Revision of Executive order 12036
This memorandum responds to your request at the recent IG/I
meeting for written comments concerning Director Casey's May 4
proposal for a revision of Executive Order 12036. The views
presented are those of the Department of Justice, the Federal
Bureau of Investigation and, as regards section 4-104, the Drug
Enforcement Administration.
Section 1 - Since the question of NSC committee structure
is not being considered in connection with the E.O. 12036
revision, the Attorney General has provided comments directly to
the White House on this subject.
Sections 1-301(i) and (j) - These proposed new subsections
raise issues we would prefer to see addressed in the context of
revising E.O. 12065, which governs the identification and use of
national security information. These proposals would extend the
DCI's authority into the internal affairs of other agencies where
no such authority now exists. Some might infer also that the DCI
will establish a program to conduct "leak" investigations within
the United States. Except within CIA and in the areas of
Sensitive Compartmented Information where the DCI's authority to
establish standards has long been recognized, the DCI should
fulfill the role of a security expert and adviser to other
agencies. We would propose the following substitute provisions:
(The DCI shall:]
(i) Ensure, through the provision of appropriate
guidance and assistance, the development by
other departments and agencies of common
basic security and access standards to.pro-
tect foreign intelligence information and
products;
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(j) Ensure, through the provision of policies,
guidance and assistance, that other depart-
ments and agencies protect intelligence
sources and methods from unauthorized d-is-
closure, and use lawful means to protect
against such disclosures by present and
former CIA employees and contractors.
Section 1-509 - The standard for reporting questions of
legality to the IOC should not be limited to "serious" questions.
DoJ originally raised this reporting standard for discussion
purposes. That discussion showed that the responsible officials
are comfortable with the existing standard and have not felt
compelled to report trivial legal matters. Given this situation,
a change here and in other related sections would stir needless
controversy. We do not object to a limit on reporting questions
of propriety to "serious" questions. ,
Section 2-208(c) - A question was raised at the IG/I
meeting regarding the need for a change in this provision, since
CIA no longer seeks expanded authority for operations within
the United States. At the meeting we expressed concern that
reverting to the language currently included in section 2-208(c)
of E.O. 12036 might adversely affect the FBI. We have since
determined that this is not the case. Accordingly, we agree with
CIA's suggestion that no change be made in the current wording of
this section in E.O. 12036.
Section 2-307 - We suggested that the words "carry out"
in the proposed revision should be replaced by "participate in"
if any change in the current 2-307 is believed necessary.
Section 4-104 - We agree with CIA that DEA's rare contacts
with foreign intelligence or security services must be coordi-
nated with the DCI. However, DEA feels that the explicit
language in the proposed last sentence of this section would
cause needless prejudice to its activities abroad. One way to
solve this problem would be to strike the last sentence and add
"and coordination policies" at the end of the first sentence.
However, we believe agreement can best be facilitated by a
meeting between representatives of the CIA's DDO and the DEA to
discuss these specific concerns.
Section 4-2 - We continue to agree with the FBI that a
definit on of "coordination" that reflects current practice
should,be added to the Order to make clear the meaning of that
term as used in revised sections 1-601, -605, -904, -1004, -1201
and -1202. It should be noted that the definition that has
been proposed by the FBI does not preclude appeals to higher
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authorities and is the same definition use In
nation agreements between the FBI and CIA and DoD. Further, two
of the provisions affected (1-1201 -1202) impose a coordination
requirement on.the FBI, which is willing to assume the burden of
the definition it proposes that other agencies follow. Also,
three of the provisions (1-601, -605 and -904) require that such
coordination be conducted in accordance with procedures, and this
definition is or will be used in those procedures. Thus, the
only effect-of this definition, in addition to recognizing its
conceptual validity, is to extend it to section 1-1004 relating
to the intelligence activities of the military services abroad
and in the U.S. In practice, this definition of "coordination"
is now applied to those activities in the U.S. Thus, adding the
definition will not represent any substantial change in practice
but will add an element of clarity to the executive order.
Section 4-212 - We agree with the State Department that
this definition could be clarified. However, it is possible that
non-substantive changes will raise needless controversy. If a
change must be made, we believe the revision proposed by State
may be expressed even more clearly as follows:
Special activities means activities conducted in
support of national foreign policy objectives
abroad which are planned and executed so that
the role of the United States Government is not
apparent or acknowledged publicly, and functions
in support of such activities, but does not
include activities intended to influence U.S.
public opinion or policies, diplomatic activities,
or the collection and production of intelligence
and related support functions.
LARD
igence Policy
nce Policy and Review
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 OR4
DEI'AItTMF.NT OF STATE
Approved For Release 2003/12/19: CJA-R, W.,A ntlon. D. D.C. PU9
May 12, 198
STAT MEMORANDUM FOR:
Director
Intelligence Community Sta
SUBJECT: Revisions of E.O. 12036
In light of the IG discussion on May 7, following
are the State Department's suggestions con rning the
proposed new Executive Order on United Sta s intelligence
activities. Our comments are keyed to the jversion attached
to the DCI's memorandum of May 4 to the As istant to the
President for National Security Affairs.
1-301(1) and (j) concerning security
in the second line were changed to "minim
We believe that (1) would be clearer ~f the word "common'
unauthorized disclosure."
"(j) Develop, in accordance with appl cable law and
regulations, a program specifically design d to strengthen
the protection of intelligence sources and methods from
sharpened by wording (j) as follows:
Then the distinction between (j) and (1) could be
Comment: These suggested changes are
the intent of the two paragraphs (i) and (
(i) the use of the word "common" is not ne
believe the intent would be clearer by sub
"minimum" .
Intended to clarify
). In the case of
essary and we
tituting the--word
In the case of (j), we have tried to !achieve a clearer
statement of the objective of addressingtI a problem of leaks.
1-301(o) concerning production and dissemination of national
ore gn intelli gence
A-more positive wording might be as Jollows:
"(o) Produce and disseminate nationa4 foreign intelligence
and, in consultation with departmental intelligence production
organizations, levy analytic tasks on the de organizations,
ensuring full consideration of diverse vi wa and presentation
of significant differences of,judgment to national policymakerz.n
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1-301 (y) concerning Secretary of Defense
If this provision is retained in the DCI section, it
would be appropriate to have a parallel provision in 1-301
for the Secretary of State as follows:
"Together with the Secretary of State ensure that
national foreign intelligence activities are useful to and
consistent with United States foreign policy."
The provision in 1-704 could then be eleted unless
a provision concerning the Secretary of De ense, similar
to 1-301(y), is included in both 1-3 and lr9 or is placed
only in 1-9.
1-607 on coordination of clandestine collection
The proposed language is confusing. a suggest that the
wording of 1-807 in E.O. 12036 be retainedjas follows:
"1-607. Coordinate the collection onside the United
States of intelligence information not otherwise obtainable."
3-103, 3-201, 3-202, 3-204, 3-205 concerns reports on
questions o ega sty or pro riet
The issue here is whether the additio of the word
"serious" is necessary and prudent. The c ange would almost
certainly be publicly perceived as a weake ing of the require-
- - ment for reporting questionable activities The use of the
term "serious" would be particularly diffi tilt to explain in
relation to questions of legality.
4-212 on special activities
As discussed in the May 7 meeting of he IG, we suggest
that the definition of "special activities be clarified as
follows:
K
Deputy AssistarLt Secretary
for Intelligence Coordination
Bureau of Intel1ligence and Research
"Special activities means activities c nducted in
support of national foreign policy objectives abroad
which are planned and executed so tha the role of
the United States Government is not apparent or acknow-
ledged publicly, and functions in support of such
activities, but which qre not intended to influence
U.S. public opinion or policies and do not include
diplomatic activities or the collection and production
of intelligence or related support functions."
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