By virtue of the authority vested in me by the Constitution and statutes of the United States of America including the National Security Act of 1947, as amended, and as President of the United States of America, in order to provide for the organization and control of United States foreign intelligence activities, it is hereby ordered as follows: THE PRESIDENT SECTION 1 DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT TO THE NATIONAL 1-1. National Security Council. 1-101. Purpose. The National Security Council (NSC) was established by the National Security Act of 1947 to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security. The NSC shall act as the highest Executive Branch entity that provides review of, guidance for, and direction to the conduct of all national foreign intelligence and counterintelligence activities. 1-102. Committees. The NSC Policy Review Committee and Special Coordination Committee; in accordance with procedures established by the Assistant to the President for National Security Affairs, shall assist in carrying out the NSC's responsibilities in the foreign intelligence field. 1-2. NSC Policy Review Committee. 1-201. Membership. The NSC Policy Review Committee (PRC), when carrying out responsibilities assigned in this Order, shall be chaired by the Director of Central Intelligence and composed of the Vice President, the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Assistant to the President for National Security Affairs, and the Chairman of the Joint Chiefs of Staff, or their designees, and other senior officials, as appropriate. 1-202. Duties. The PRC shall: (a) Establish requirements and priorities for national foreign intelligence; (b) Review the National Foreign Intelligence Program and budget proposals and report to the President as to whether the resource allocations for intelligence capabilities are responsive to the intelligence requirements of the members of the NSC. (c) Conduct periodic reviews of national foreign intelligence products, evaluate the quality of the intelligence product, develop policy guidance to ensure quality intelligence and to meet changing intelligence requirements; and (d) Submit an annual report on its activities to the NSC. 1-203. Appeals. Recommendations of the PRC on intelligence matters may be appealed to the President or the NSC by any member of PRC. 1-3. NSC Special Coordination Committee. 1-301. Membership. The NSC Special Coordination Committee (SCC) is chaired by the Assistant to the President for National Security Affairs and its membership includes the statutory members of the NSC and other senior officials, as appropriate. 1-302. Special Activities. The SCC shall consider and submit to the President a policy recommendation, including all dissents, on each special activity. When meeting for this purpose, the members of the SCC shall include the Secretary of State, the Secretary of Defense, the Attorney General, the Director of the Office of Management and Budget, the Assistant to the President for National Security Affairs, the Chairman of the Joint Chiefs of Staff, and the Director of Central Intelligence. 1-303. Sensitive Foreign Intelligence Collection Operations. Under standards established by the President, proposals for sensitive foreign intelligence collection operations shall be reported to the Chairman by the Director of Central Intelligence for appropriate review and approval. When meeting for the purpose of reviewing proposals for sensitive foreign intelligence collection operations, ⚫Certain technical terms are defined in Section 4-2. FEDERAL REGISTER, VOL. 43, NO. 18—THURSDAY, JANUARY 26, 1978 3675 3676 THE PRESIDENT the members of the SCC shall include the Secretary of State, the Secretary of Defense, the Attorney General, the Assistant to the President for National Security Affairs, the Director of Central Intelligence, and such other members designated by the Chairman to ensure proper consideration of these operations. 1-304. Counterintelligence. The SCC shall develop policy with respect to the conduct of counterintelligence activities. When meeting for this purpose the members of the SCC shall include the Secretary of State, the Secretary of Defense, the Attorney General, the Director of the Office of Management and Budget, the Assistant to the President for National Security Affairs, the Chairman of the Joint Chiefs of Staff, the Director of Central Intelligence, and the Director of the FBI. The SCC's counterintelligence functions shall include: (a) Developing standards and doctrine for the counterintelligence activities of the United States; (b) Resolving interagency differences concerning implementation of counterintelligence policy; (c) Developing and monitoring guidelines consistent with this Order for the maintenance of central records of counterintelligence information; (d) Submitting to the President an overall annual assessment of the relative threat to United States interests from intelligence and security services of foreign powers and from international terrorist activities, including an assessment of the effectiveness of the United States counterintelligence activities; and (e) Approving counterintelligence activities which, under such standards as may be established by the President, require SCC approval. 1-305. Required Membership. The SCC shall discharge the responsibilities assigned by sections 1-302 through 1-304 only after consideration in a meeting at which all designated members are present or, in unusual circumstances when any such member is unavailable, when a designated representative of the member attends. 1-306. Additional Duties. The SCC shall also: (a) Conduct an annual review of ongoing special activities and sensitive national foreign intelligence collection operations and report thereon to the NSC; and (b) Carry out such other coordination and review activities as the President may direct. 1-307. Appeals. Any member of the SCC may appeal any decision to the President or the NSC. 1-4. National Foreign Intelligence Board. 1-401. Establishment and Duties. There is established a National Foreign Intelligence Board (NFIB) to advise the Director of Central Intelligence concerning: (a) Production, review, and coordination of national foreign intelligence; (b) The National Foreign Intelligence Program budget; (c) Interagency exchanges of foreign intelligence information; (d) Arrangements with foreign governments on intelligence matters; (e) The protection of intelligence sources and methods; (f) Activities of common concern; and (g) Other matters referred to it by the Director of Central Intelligence. 1-402. Membership. The NFIB shall be chaired by the Director of Central Intelligence and shall include other appropriate officers of the CIA, the Office of the Director of Central Intelligence, the Department of State, the Department of Defense, the Department of Justice, the Department of the Treasury, the Department of Energy, the Defense Intelligence Agency, the offices within the Department of Defense for reconnaissance programs, the National Security Agency and the FBI. A representative of the Assistant to the President for National Security Affairs may attend meetings of the NFIB as an observer. FEDERAL REGISTER, VOL. 43, NO. 18—THURSDAY, JANUARY 26, 1978 THE PRESIDENT 1-403. Restricted Membership and Observers. When the NFIB meets for the purpose of section 1-401(a), it shall be composed solely of the senior intelligence officers of the designated agencies. The senior intelligence officers of the Army, Navy and Air Force may attend all meetings of the NFIB as observers. 1-5. National Intelligence Tasking Center. 1-501. Establishment. There is established a National Intelligence Tasking Center (NITC) under the direction, control and management of the Director of Central Intelligence for coordinating and tasking national foreign intelligence collection activities. The NITC shall be staffed jointly by civilian and military personnel including designated representatives of the chiefs of each of the Department of Defense intelligence organizations engaged in national foreign intelligence activities. Other agencies within the Intelligence Community may also designate representatives. 1-502. Responsibilities. The NITC shall be the central mechanism by which the Director of Central Intelligence: (a) Translates national foreign intelligence requirements and priorities developed by the PRC into specific collection objectives and targets for the Intelligence Community; (b) Assigns targets and objectives to national foreign intelligence collection organizations and systems; (c) Ensures the timely dissemination and exploitation of data for national foreign intelligence purposes gathered by national foreign intelligence collection means, and ensures the resulting intelligence flow is routed immediately to relevant components and commands; (d) Provides advisory tasking concerning collection of national foreign intelligence to departments and agencies having information collection capabilities or intelligence assets that are not a part of the National Foreign Intelligence Program. Particular emphasis shall be placed on increasing the contribution of departments or agencies to the collection of information through overt means. 1-503. Resolution of Conflicts. The NITC shall have the authority to resolve conflicts of priority. Any PRC member may appeal such a resolution to the PRC; pending the PRC's decision, the tasking remains in effect. 1-504. Transfer of Authority. All responsibilities and authorities of the Director of Central Intelligence concerning the NITC shall be transferred to the Secretary of Defense upon the express direction of the President. To maintain readiness for such transfer, the Secretary of Defense shall, with advance agreement of the Director of Central Intelligence, assume temporarily during regular practice exercises all responsibilities and authorities of the Director of Central Intelligence concerning the NITC. 1-6. The Director of Central Intelligence. 1-601. Duties. The Director of Central Intelligence shall be responsible directly to the NSC and, in addition to the duties specified elsewhere in this Order, shall: (a) Act as the primary adviser to the President and the NSC on national foreign intelligence and provide the President and other officials in the Executive Branch with national foreign intelligence; (b) Be the head of the CIA and of such staff elements as may be required for discharge of the Director's Intelligence Community responsibilities; (c) Act, in appropriate consultation with the departments and agencies, as the Intelligence Community's principal spokesperson to the Congress, the news media and the public, and facilitate the use of national foreign intelligence products by the Congress in a secure manner; (d) Develop, consistent with the requirements and priorities established by the PRC, such objectives and guidance for the Intelligence Community as will FEDERAL REGISTER, VOL. 43, NO. 18—THURSDAY, JANUARY 26, 1978 3677 |