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pfNATIONAL RECONNAISSANCE OFFICE

WASHINGTON, D C.

THE NRO STAPP

27 September 1977

MEMORANDUM FOR MR. RAY RONAN, OFFICE OF THE GENERAL

COUNSEL, OSD

SUBJECT: Issue Paper on Executive Order to Replace

E.O. 11905

The attached comments are offered on the issues in

the draft E.O. which are most relevant to the NRO.

Assistant Deputy Director

for Congressional Affairs

1 Attachment

Comments on

Draft E.O.
• .^!.

1

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COMMENTS ON DRAFT EXECUTIVE ORDER

Issue #4 - Authority for Oa to Act as Principal Spokesman

to Congress

Interface with the Congress has expanded significantly

over the past two years. The depth and scope of involvement

in programmatic matters is at a minute level of detail in

many cases and the information presented one day could in

actuality change the next day due to system anomalies,

crisis requirements, hardware.problems, etc. Additionally,

the Congressional thrust today is on the value of what we do

to the user community. Programs are no longer approved on

their 'technical merit" alone. Program managers have been

charged to be able to justify their budget requests in terms

of intelligence value. All of this leads to the necessity

for close consultation and coordination by the DCI with

agencies of the NFIP. Consultation and close coordination

can help prevent differences in responses to similar questions asked multiple agencies. It is not uncommon for a

Congressional staff member to ask the same question of the

program manager and the DCI and compare responses. This

happens frequently during Congressional hearings. Responses

are frequently subjective in nature and prior consultation,

when possible, could be extremely valuable.

Issue - Explicit Authority for a DCt Public Affairs Program

In a program involving efforts of sensitive security, it

would appear prudent that the DCI consult with respective

program managers prior to a significant news release. On

subjects of substance, such as the recent South African

nuclear question, multiple agencies become involved, such

as the NRO, from a collection standpoint; the DCI, as principal

advisor to the President on intelligence matters; and the NSC.

A unilateral release on overhead reconnaissance activities in

support of the South African situation by the DCI, prior to

consultation with the program manager on the possible implementation from a security standpoint to the source involved,

could result in compromises of data/capabilities which could

adversely impact a program in the long term. Additionally,

it is possible for several organizations to receive a press

query simultaneously, such as the DOD, DCI and NSC, on the

same subject. Consultation should lead:to the presentation

of a unified front.

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Issue 614 - Attorney General Control of Testing Electronic

. Surveillance Equipment

The NRO concurs with the NSC Staff, DOD, DCI, and CIA

indorsement of the current draft. Since the issuance of

E.O. 11905 in February 1976, we have worked closely with the

DOD Inspector General for Defense Intelligence, have briefed

the Intelligence Oversight Board on two occasions, and have

developed and implemented procedures with respective NRP

program managers to insure proper oversight with regard to

essential test, evaluation, and calibration of NRP SIGINT

systems requirements conducted over the United States.

Quarterly reporting to the I08 through the DOD Inspector

General for Defense Intelligence provides an excellent

vehicle for continued emphasis in this area. Authorities

and responsibilities delegated to program managers by the

Director of the NRP have led to the development of detailed

procedures for insuring that the individual rights of U.S.

citizens are not violated.

Issue 620 - Requirement of SecreCy Agreement

Secrecy agreements have proved to be an effective

method of curtailing disclosure of highly sensitive data and

are currently used by the NRO where applicable and authorized.

The requirement for oaths in the E.O., with provisions for

judicial procedures for breaches, would go a long way towards

strengthening the compartmented system currently used within

the Intelligence Community.

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