PROPOSED REVISION OF EXECUTIVE ORDER 12036

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000200030009-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 16, 2016
• Document Release Date: August 2, 2005
• Sequence Number: 9
• Publication Date: May 1, 1981
• Content Type: MF

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OCC 81-03622
1 May 1981
MEMORANDUM FOR: Director of Central Intelligence
VIA: Deputy Director of Central Intelligence
I I
irec or, Intelligence Community Staff
Acting General Junsel
SUBJECT: Proposed Revision of Executive Order 12036
REFEREt CES : A. Memorandum from Richard V. Allen, dated
April 24, 1981, Subject: Revision of E.O.
12036.
B. Memorandum from James W. Nance, dated
April 1, 1981, Subject: Revisions to
Executive order 12036.
1. Attached for your review and approval is a proposed
revision of Executive Order (EO) 12036 (Tab A), which has been
developed based upon the two NFIC meetings held on this subject
and numerous staff-level meetings and discussions. Section 2 of
the proposed new order has been written from a positive stand-
point to stress that the intelligence activities mentioned
therein are authorized, lawful and proper when conducted in
accordance with- the Order. Thus, it departs significantly from
the negative and condemnatory tone of EO 12036-
2. The proposed Order takes into account the advice
provided by the Intelligence Community through the NFIC. While
not all positions taken by the Community have been accommodated,
we feel that the proposed new Order strikes a blance between the
competing views that have been expressed.
We wish to ca-11 to your attention the following
spec"ific provisions and -issues:
a. The language contained in section 1-706 concerning
the reporting of crimes by nonemployees represents a
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compromise developed by the Central Intelligence Agency
Its
(CIA) and the Department oftJustice
ticee(DoJ).that would be
acceptability depends upon
developed to govern the manner in which such crimes are
reported and how classified inDooJmatCIA hand as tentativ eenc lye
interests would be handled by
agreed to a draft set of procedure interestss tAowever,dDoJehastnot
accommodate intelligence
yet given its tentativenapproval
thattwouldsbepunacceptabledtoay
wish to make certain changes
CIA. Should that prove to
the proposed compromise language
teto report nonemployee
rejected and that thefrequirement
crimes be eliminated
b. Section 2-307 of EO 12036 prohibits any agency of
the Intelligence Community from nrequesting ooor oencoiraginn, to
either directly or indirectly, ay P g
the Order. This section
b
y
unddertake activities forbidden
has been retained, but has been reworded touna'rowiitstscope
so as to prohibit an agency from carrying
by proxy" any forbidden activity. This revision eliminates
the vague requirement that intelligence agencies not
"encourage" activities forbidden by the Order.
c. Section 2-201(a) reflects compromise language
e
proposed by Doi which basically retains the standrddinethey
current Executive order for approval of agency pro
the Attorney General. However, the compromise providesfor
appeal to the National Security Council on any not c d
er e
which the Attorney General and agency hea This appeals provision, coupled with the requirement that
the Attorney General provide a statement of reasons for not
approving any procedure, should be sufficient to prevent the
staff-level frustration of procedures proposed by the
Intelligence Community.
section
d. The proposed new Order retains a modified
on the National Security Council (NSC) and provides that the
NSC shall be the highest level approval authority 'for
foreign intelligence, counterintelligence and special
activities. This-section also authorizes t e NSC to estab
be necessary-
lisp such committees as may the eletion of
d b
t
y
e
f ills the void in ..the Order crea
sections 1-2 and. 1-3 as a result of your proposed National
2.
Security Decision Directive No.
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e. The new section 1-2 of the Order authorizes the
Director of Central Intelligence to establish such advisory
boards, councils or groups as may be required for advice on
matters of Community concern. Membership on such groups
will include representatives of collection, processing and
analytical components when substantive intelligence matters
are considered, and, in addition, representatives of the
Secretary of Commerce, Attorney General, Assistant to the
President for National Security Affairs, and Office of the
Secretary of Defense when nonsubstantive matters are consid-
ered.
f. A brief drafting history (Tab B) has been developed
to accompany the Order. It reflects the positive approach
to intelligence activities represented by the Order and
reflects minor interpretative points not considered of
stif_ficient importance for incorporation in the order.
4. We recommend that you approve the proposed new Execu-
tive Order on United States Intelligence Activities and, as
requester. by the references, transmit it to the National Security
Council for review and approval by the President. A cover memo-
randum to Richard Allen for this purpose is attached at Tab C.
In addition, in keeping with your commitment to the Senate Select
Committee on Intelligence, transmittal letters to Chairmen
Goldwater and Boland are attached at Tabs D and E, respectively.
STAT
Attachments:
As stated.
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