IMPLEMENTATION OF THE RECOMMENDATIONS OF THE PRESIDENT'S SPECIAL REVIEW BOARD

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89B01356R000100190010-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 23, 2016
• Document Release Date: March 22, 2012
• Sequence Number: 10
• Publication Date: March 31, 1987
• Content Type: MEMO

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THE WHITE HOUSE
March 31, 1987
SYSTEM II
90249
37-1331x/1
MEMORANDUM FOR THE VICE PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF THE INTERIOR
THE SECRETARY OF AGRICULTURE
THE SECRETARY OF COMMERCE
THE SECRETARY OF LABOR
THE SECRETARY OF HEALTH AND HUMAN SERVICES
THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT
THE SECRETARY OF TRANSPORTATION
THE SECRETARY OF ENERGY
THE SECRETARY OF EDUCATION
THE DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET
THE DIRECTOR OF CENTRAL INTELLIGENCE
THE CHIEF OF STAFF TO THE PRESIDENT
THE COUNSEL TO THE PRESIDENT
THE ASSISTANT TO THE PRESIDENT FOR POLICY
DEVELOPMENT
CHAIRMAN, JOINT CHIEFS OF STAFF
DIRECTOR, ARMS CONTROL AND DISARMAMENT AGENCY
ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION
DIRECTOR, UNITED STATES INFORMATION AGENCY
ADMINISTRATOR OF VETERANS AFFAIRS
SUBJECT: Implementation of The Recommendations of The
President's Special Review Board
The President has formally approved the attached National
Security Decision Directive on the implementation of the
recommendations of the President's Special Review Board
(Tower Bo*dj_ This NSDD is unclassified and was provided to
Congress='it-,connection with the President's March 31, 1987
message
1 Z) (kg e(. ~ r Wl;,- -
Attachment
NSDD 266
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WASH I NGTON
NATIONAL SECURITY DECISION March 31, 1987
DIRECTIVE NUMBER 266
IMPLEMENTATION OF THE RECOMMENDATIONS OF
THE PRESIDENT'S SPECIAL REVIEW BOARD
SYSTEM II
90249
The President's Special Review Board submitted its Report on
February 26, 1987. I addressed the Nation on March 4 and
announced first, that I endorse the Board's recommendations; and
second, that I intend to go beyond the Board's recommendations to
put the National Security Council (NSC) process in even better
order. This Directive spells out the specific steps I have
approved to implement the letter and spirit of the Board's
recommendations.
-Many steps were taken even prior to the issuance of the Board's
Report. The NSC staff was rebuilt and made subject to proper
management discipline. A directive was issued on my instruction
to prohibit the NSC staff itself from undertaking covert
operations. A comprehensive legal and policy review of such
operations, ordered by me, was already far advanced. Proper
procedures for consultation with the Congress were reaffirmed and
are being observed.
In light of the Board's Report, additional measures are
required. This Directive sets forth the specific timetable
according to which I expect all such measures to be completed.
It is of utmost importance that the NSC -- including all members
of, and advisors to, the NSC, the Assistant to the President for
National Security Affairs, the NSC staff, and all other
participants in the NSC process -- act decisively to accomplish
my objectives fully.
I shall inform Congress of the nature and progress of these
Executive branch efforts prior to the end of March; I also shall
call upon Congress to heed the balance of the Board's
recommendations, namely:
-- that no substantive change be made in the provisions of the
National Security Act dealing with the structure and operation of
the NSC system;
-- that the position of Assistant to the President for
National Security Affairs not be made subject to Senate
confirmation; and
-- that Congress replace the existing Intelligence Committees
of the Senate and House of Representatives with a new joint
committee with a restricted staff to oversee the intelligence
community. A&
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These recommendations of the Board, which are addressed to
Congress, I also strongly endorse.
I. Model for the National Security Council System
The structure and procedures of the National Security Council
shall incorporate all aspects of the model of the NSC system
described in the Report of the President's Special Review Board
as the Board's principal recommendation. This directive
implements that recommendation in each of the following respects:
-- organizing for national security, including provision of
appropriate guidelines to participants in the NSC process;
-- the role and functions of the Assistant to the President for
National Security Affairs;
-- the nature and responsibilities of the NSC staff; and
-- the NSC and interagency process.
A. Organizing for National Security
The National Security Council shall be the principal forum for
consideration of national security policy issues requiring
presidential decision. The function of the NSC shall be as set
forth in the National Security Act of 1947, as amended. Broadly
speaking, the NSC shall advise the President with respect to the
integration of domestic, foreign, and military policies relating
to the national security so as to enable Executive departments
and agencies to cooperate more effectively in matters involving
the national security.
Participation in the NSC shall be as provided by law and this
Directive. Statutory members of the NSC are the President, the
Vice President, the Secretary of State, and the Secretary of
Defense. Other heads of Executive departments and agencies and
senior officials within the Executive Office of the President
shall participate in the NSC as provided in this Directive.
The Director of Central Intelligence and the Chairman of the
Joint Chiefs of Staff are statutory advisors to the NSC. The
Director of Central Intelligence' shall advise the NSC with
respect to coordinating intelligence activities of Executive
departments and agencies in the interest of national security and
as otherwise provided by law. The Chairman of the Joint Chiefs
of Staff shall be principal military advisor to the President,
the Secretary of Defense, and the NSC.
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The Directors of the United States Arms Control and Disarmament
Agency and United States Information Agency are special statutory
advisors to the NSC. The Director of the Arms Control and
Disarmament. Agency shall be principal advisor to the President,
the Secretary of State, and the NSC on arms control and
disarmament matters. The Director of the United States
Information Agency shall be principal advisor to the President,
the Secretary of State, and the NSC on international
informational, educational, and cultural matters.
The Secretary of State shall be the President's principal foreign
policy advisor. As such, the Secretary shall be responsible for
the formulation of foreign policy, subject to review within the
NSC process and the President's guidance as appropriate, and for
the execution of approved policy. I assign to the Secretary of
State authority and responsibility, to the extent permitted by
law and this Directive, for the overall direction, coordination,
and supervision of the interdepartmental activities incident to
foreign policy formulation, and the activities of Executive
departments and agencies of the United States overseas. Such
activities shall not include those of United States military
forces operating in the field under the command of a United
States area military commander, and such other military
activities as I elect, as Commander in Chief, to conduct
exclusively through military or other channels. Activities that
are internal to the execution and administration of the approved
programs of a single department or agency and that are not of
such nature as to affect significantly the overall United States
overseas program in a country or region are not considered to be
activities covered within the meaning of this Directive.
The Secretary of Defense shall be the President's principal
defense policy advisor. As such, the Secretary shall be
responsible for the formulation of general defense policy,
subject to review within the NSC process and the President's
guidance as appropriate, for policy related to all matters of
direct and primary concern to the Department of Defense, and for
the execution of approved policy. I assign to the Secretary of
Defense authority and responsibility, to the extent permitted by
law and this Directive, for the overall direction, coordination,
and supervision of the interdepartmental activities incident to
defense policy formulation.
The Director of Central Intelligence shall be the President's
principal advisor on intelligence matters. As such, the Director
shall be responsible for the formulation of intelligence
activities, policy and proposals, subject to review within the
NSC process and the President's guidance as appropriate, as set
forth in law and relevant Executive orders. I assign to the
Director of Central Intelligence authority and responsibility, to
the extent permitted by law, Executive order, and this Directive,
for the overall direction, coordination, and supervision of the
interdepartmental'activities incident to intelligence matters.
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Although taking part in the NSC system by virtue of official
positions as heads of Executive departments or agencies or as
senior officials within the Executive Office of the President,
all NSC participants shall sit as advisors to the President in
connection with the President's exercise of authority under the
Constitution and laws of the United States. In their capacity as
department and agency heads, NSC participants shall ensure the
effective and expeditious execution and implementation of overall
national security policies established by the President.
Execution and implementation of such policies shall not be the
responsibility of the Assistant to the President for National
Security Affairs or of the NSC staff except as the President
specifically directs.
B. The Assistant to the President for National Security Affairs
The Assistant to the President for National Security Affairs
("National Security Advisor") shall have primary responsibility
for day-to-day management of the National Security Council
process, and shall serve as principal advisor on the President's
staff with respect to all national security affairs. The
National Security Advisor shall have access and report directly
to the President, and shall keep the President and the Chief of
Staff to the President fully and currently informed on all
matters of substance.
As manager of the NSC process, the National Security Advisor
shall ensure the following: that matters submitted for
consideration by the NSC cover the full range of issues on which
review is required; that those issues are fully analyzed; that a
full range of options is considered; that the prospects and risks
of each are examined; that all relevant intelligence and other
information is available to NSC participants; that legal matters
are addressed; and that difficulties in implementation are
confronted. The National Security Advisor shall monitor policy
implementation to ensure that policies are executed in conformity
with the intent of presidential decisions. He shall initiate
periodic reassessments of policies and operations, in light of
changed circumstances or United States interests. The National
Security Advisor shall keep NSC participants currently informed
of presidential decisions. He shall ensure that NSC consulta-
tions and presidential decisions are adequately recorded, and
that appropriate and timely preparations are made with respect to
meetings convened under NSC auspices.
As the President's principal staff advisor on national security
affairs, the National Security Advisor shall present his own
views and advice and, at the same time, faithfully represent the
views of other NSC participants.
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C. The National Security Council Staff
The functions and responsibilities of the Executive Secretary of
the National Security Council shall be as provided by the
National Security Act of 1947, as amended. The Executive
Secretary heads the NSC staff and, in accordance with applicable
laws and regulations, appoints and fixes the compensation of
personnel required to perform such duties as may be prescribed by
the President, the NSC, or the National Security Advisor. The
Executive Secretary shall establish procedures within the NSC
Executive Secretariat for maximum effective support of the NSC
and the National Security Advisor in performance of
responsibilities assigned by the President. With the guidance
and under the instruction of the National Security Advisor, the
Executive Secretary shall develop and implement appropriate
policies with respect to the overall size of the NSC staff, the
background and experience of its members, the duration of their
service, and the organization of staff offices. The objectives
shall be twofold: first, an NSC staff that is small, highly
competent, broadly experienced in the making of national security
policy, and properly balanced from among Executive departments
and agencies and persons drawn from within and outside
government; and second, an NSC staff organization that imposes
clear, vertical lines of control and accountability.
The Executive Secretary, through the National Security Advisor,
shall recommend for my consideration specific measures designed
to enhance the continuity of the functioning of the NSC,
including measures to ensure adequate institutional recordkeeping
from administration to administration. Specific recommendations
for these purposes shall be made not later than June 30, 1987.
The NSC staff, through the Executive Secretary, shall assist the
National Security Advisor in each aspect of his roles both as
manager of the NSC process and as my principal staff advisor on
national security affairs.
The NSC staff shall include a Legal Advisor whose particular
responsibility it will be to provide legal counsel to the
National Security Advisor, the Executive Secretary, and the NSC
staff with respect to the full range of their activities, and to
assist the National Security Advisor in ensuring that legal
considerations are fully addressed in the NSC process and in
interagency deliberations. The NSC Legal Advisor shall be
accorded access to all information and deliberations as may be
required for these purposes, and shall advise the National
Security Advisor and Executive Secretary as appropriate on all
matters within his responsibility. He shall work cooperatively
with the Counsel to the President, the Legal Adviser of the
Department of State, and with senior counsel to all other NSC
members, advisors, and participants.
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6
D. The National Security Council and Interagency Process
1. National Security Council Meetings
The National Security Council shall meet regularly to consider
matters directed by the President or recommended by the National
Security Advisor or by the other NSC members. The National
Security Advisor shall attend all NSC meetings and shall be
responsible for the agenda and conduct of such meetings under my
direction. The statutory members of the NSC, and the Director of
Central Intelligence and Chairman of the Joint Chiefs of Staff as
statutory advisors to the NSC, shall attend NSC meetings. In
addition, the Attorney General, the Secretary of the Treasury,
and the Chief of Staff to the President at my invitation shall
attend NSC meetings. The special statutory advisors to the NSC,
the Director of the Office of Management and Budget, and the
heads of other Executive departments and agencies shall be
invited to attend such NSC meetings as relate to matters vested
under their authority.
The National Security Advisor shall provide NSC participants
advance notice of all NSC meetings and agenda therefor. To the
extent practicable, the National Security Advisor shall circulate
decision documents in advance of such meetings. The Executive
Secretary of the NSC and the NSC staff shall assist the National
Security Advisor in connection with appropriate preparations for,
and follow-up to, NSC meetings, as directed by the President.
Such assistance shall include preparation of meeting minutes and
the development and dissemination of decision documents and, as
appropriate, study directives. All decision documents shall be
submitted for the President's review and action by the National
Security Advisor. The National Security Advisor shall transmit
decision documents to the President through the Chief of Staff to
the President. National Security Decision Directives,
intelligence findings, and similar decision documents shall be
coordinated, in advance of their submission to the President, by
the NSC Legal Advisor with the Counsel to the President.
2. The Interagency Process
To assist the NSC at large and its individual members and
advisors in fulfilling their responsibilities, i previously
directed or authorized the establishment of senior interagency
groups and regional and functional interagency groups. The
purpose of such groups was to establish policy objectives,
develop policy options, make appropriate recommendations,
consider the implications of agency programs for foreign policy
or overall national security policy, and undertake such other
activities as may be assigned by the NSC.
The NSC, through the National Security Advisor, shall review the
structure of senior interagency groups and regional and
functional interagency groups established pursuant to, or under
authority of, presidential directives or applicable memoranda,
and shall recommend all such changes thereto as may be necessary
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or desirable to realize fully and promptly in practice the
Special Review Board's recommended model for the NSC system, as
well as all.ef the Board's other recommendations. These include
establishment of an interagency process in which the National
Security Advisor chairs the senior level committees of the NSC.
The National Security Advisor shall present, for consideration by
the NSC, a draft National Security Decision Directive for this
purpose not later than April 30, 1987.
II. Covert Actions and Use of Non-Government Personnel
I have directed the National Security Council's Planning and
Coordination Group (PCG) to review all covert action programs.
This review is designed to ensure that such programs are
commenced and pursued in accordance with law and are consistent
with United States policy. The PCG shall complete this review on
an expedited basis. It shall report its findings to the NSC on
or before April 30, 1987. The NSC promptly shall review all such
programs and seek my concurrence in their continuation as
appropriate. The NSC, through the National Security Advisor,
shall review current procedures for covert action policy approval
and coordination and shall recommend such changes as may be
necessary or desirable to ensure, among other things, the
following:
-- that proposed covert actions will be coordinated with NSC
participants, including the Attorney General, and their
respective recommendations communicated to the President;
-- that all requirements of law concerning covert activities,
including those requirements relating to presidential
authorization and congressional notification, will be addressed
in a timely manner and complied with fully;
-- consistent with the foregoing, that covert activities will
be subject to tightly restricted consideration, and measures to
protect the security of all information concerning such
activities will be enhanced;
-- that the NSC staff itself will not undertake the conduct of
covert activities; and
-- that the use of private individuals and organizations as
intermediaries to conduct covert activities will be appropriately
limited and subject in every case to close observation and
supervision by appropriate Executive departments and agencies.
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This review shall take fully into account such changes as I have
authorized by this Directive to the structure of the NSC. The
National Security Advisor shall present, for consideration by the
NSC, a revised National Security Decision Directive on procedures
for covert action policy approval and coordination not later than
April 30, 1987.
III. Intelligence Process
Maintaining the integrity and objectivity of the intelligence
process is an important goal of the United States intelligence
effort. It demands, as the President's Special Review Board has
stated, careful differentiation between the respective roles of
foreign intelligence, on the one hand, and policy advocacy, on
the other. The Director of Central Intelligence shall provide
such additional review of, guidance for, and direction to, the
conduct of national foreign intelligence estimates as may
be required to accomplish fully this objective. The Director of
Central Intelligence shall review established procedures for the
production of national foreign intelligence estimates and, not
later than July 31, 1987, shall inform the NSC, through the
National Security Advisor, of any modifications or additions
thereto he may deem appropriate for this purpose.
IV. Reporting
The National Security Advisor shall keep me fully informed of
progress on all aspects of the implementation of the
recommendations of the President's Special Review Board.
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