DEFENSE DEPARTMENT ISSUES WITH THE DCI REDERAFT OF EO 12036 DATED 1 MAY 1981

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000200030006-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 19, 2016
• Document Release Date: September 8, 2005
• Sequence Number: 6
• Content Type: REGULATION

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DCI Rederaft of 1203& Dated 1 May 1981
Sec. 1-201
The former DoD position that the new Order should provide specifically for the
establishment of the NFIB and NIC, and specify their membership and responsi-
bilities, is withdrawn in consipration of the D/DCI assurance that information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 E0 12036, and would intrude the DCI
directly into the responsibilities of the Secretary of Defense for the manage-
ment of Don.
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 E0-12036 be retained without change, making-what is now Section 1-604
a lettered paragraph in the listin9 of OCI 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
Intel iTgence Community, and technical assistance for the development
of [common] security standards and procedures to govern [all.) indi-
-col-duals 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 and restrictions contained in this
Order, for the protection of [specific means to protect] intelligence
sources and methods from unauthorized disclosure, including policy
and guidance concerning 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."
On file OSD release instructions apply.
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.Sec. 1-3
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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 including the development of plans and arrangements for transfer
of control of 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 recognition that any department head may seek
review of such resolution by appeal to the NSC;
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
1-111I), 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 and 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 E0 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".1313gackoy44s2ribeor311:t&-iiiirFlai431400"(2?Ou0n0t3e0r0g-t5elligence."
_Section 1-.1, s oul rea .
"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 EO 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
information necessary 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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Sec. 14002Cli
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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
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 Land proceduresj
formulated 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 Lnanyes
. To The DCI Rederaft of E0 12036 of 1 May 1981
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Sec. 1-301(o)
"Have full responsibility for production and'igIssemination of national foreign
intelligence and authority to levy analytic ta'As 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 consider 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 E0 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 present,ly 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 NF1P budget.
The reference to program managers is added because deletion of the
E0 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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appropriatotkpricazoirEedRebilearidOMOV12:10WW1WM1W46661605)fit0t12..t ir organi-
zations which raise [serious] questions of legality or serious impr priety
[propriety]."
(Eliminates the impression some illegality is not serious.)
Sec, 1-9Q?
"Collect, produce and disseminate foreign military and military-related intel-
ligence information, including scientific, technical, political, biographic,
geO,graphic and economic information as required for execution of the Secre-
tary's responsibilities."
(The DoD collects biographic information.)
Sec 1-903
"Conduct programs and missions necessary to filfill national, departmental,
and tactical foreign intelligence requirements."
(The 000 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; [National Security 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
a.
"Protect the security of Department of Defense installations, activities,
property, information and employees [personnel] by appropriate means, includ-
ing such investigations of applicants, 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 ED
12036, eliminates the DIA role in counterintelligence.)
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"Protection of the security ofits installations, activities, propert, infor-
mation and employees [personnel] by appropriate means including such investi-
gations of applicants, emplpyees, 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(j) employ the same words.
"Employee" is a defined term in the Order while "personnel" is not.)
Sec. 2-03
This section is confusing. It should be reworded and still attain the same
end, as follows:
"2-203. Electronic, optical or mechanical monitoring. Electronic, optical or
mechanical 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, property 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 Inspectors General
and General Counsel [them] concerning such activities;"
(Clarity.)
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"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 47207(C)
"The Defense Intelligence AGency (DIA);"
(To be consistent with the style of 4-207(a) and (b).)'
Sec. 47207(f)
"The intelligence elements of the Army, Navy, Air Force and Marine 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 agency. or to further
political, social or economic goals...." (Ba)ance 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 Landj functions
in support of such activities, but not including diplomatic activity or the
collection and production of intelligence or related support activities."
(Clarity.)
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Sec. 4-21540rov.ed For Release 2006/01/12: CIA-RDP87601034R000200030006-5
"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 srjd retention of such information, a citizen of the United States, an
alien lawfully admitted for permanent residence, an 9incorporated 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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