PRESIDENTIAL DOCUMENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP05T00644R000100110012-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 20
• Document Creation Date: December 22, 2016
• Document Release Date: May 13, 2009
• Sequence Number: 12
• Publication Date: January 24, 1978
• Content Type: OPEN SOURCE

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THURSDAY, JANUARY 26, 1978
PART II
THE PRESIDENT
UNITED STATES
INTELLIGENCE ACTIVITIES-
Executive Order 12036
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presidential documents
Title 3-The President
? January 24, 1978
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:
SECTION 3
OVERSIGHT OF INTELLIGENCE ORGANIZATIONS
3-1
Intelligence Oversight Board ................................... ..............
[3688]
3-2
Inspectors General and General Counsel ........................................................
[3689]
3-3
Attorney General ..............................................................................................
[3689]
3-4
Congressional Intelligence Committees ..........................................................
[3689]
- ? J FR page]
SECTION I
DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT TO THE NATIONAL
INTELLIGENCE EFFORT
1-1
National Security Council .................................................................................
[3675]
1-2
NSC Policy Review Committee ................................... .........
[3675]
1-3
NSC Special Coordination Committee ............................................................
[3675]
1-4
National Foreign Intelligence Board ...............................................................[3676]
1-5
National Intelligence Tasking Center ............................................................... [3677]
1-6
The Director of Central Intelligence ............................................................... [3677]
1-7
Senior Officials of the Intelligence Community ............................................... [3679]
1-8
The Central Intelligence Agency ..................................................................... [3680]
1-9
The Department of State ................................................................................. [3681]
1-10
The Department of the Treasury ..................................................................... [3681]
1-11
The Department of Defense ............................................................................. [3681]
1-12
Intelligence Components Utilized by the Secretary of Defense ...................... [3682]
1-13
The Department of Energy ............................................................................... [36841
1-14
The Federal Bureau of Investigation ............................................................... [3684]
1-15
The Drug Enforcement Administration ........................................................... [3684]
SECTION 2
RESTRICTIONS ON INTELLIGENCE ACTIVITIES
2-1
Adherence to Law ............................................................................................ [3684]
2-2
Restrictions on Certain Collection Techniques ............................................... [3685]
2-201
General Provisions ............................................................................................
[3685]
2-202
Electronic Surveillance ......................................................................................
[3685]
2-203
Television Cameras and Other Monitoring .....................................................
[3685]
2-204
Physical Searches ..............................................................................................
[3685]
2-205
Mail Surveillance .............................................................................................. [
3685].
2-206
Physical Surveillance ......................................................................................... [
3685]
2-207
Undisclosed Participation in Domestic Organizations ..................................... [
3686]
2-208
Collection of Nonpublicly Available Information ............................................ [
3686]
2-3
Additional Restrictions and Limitations ..........................................................
[3687]
2-301
Tax Information ...............................................................................................
[3687]
2-302
Restrictions on Experimentation ....................................................................... [
3687]
2-303
Restrictions on Contracting ............................................................................. [
3687]
2-304
Restrictions on Personnel Assigned to Other Agencies .................................. [
3687]
2-305
Prohibition on Assassination ............................................................................
[3687]
2-306
Restrictions on Special Activities .....................................................................
[3687]
2-307
Restrictions on Indirect Participation in Prohibited Activities ........................
[3688]
2-308
Restrictions on Assistance to Law Enforcement Authorities ..........................
[3688]
2-309
Permissible Assistance to Law Enforcement Authorities ................................
[3688]
2-310
Permissible Dissemination and Storage of Information ..................................
[3688]
SECTION 4 GENERAL PROVISIONS
4-1 Implementation ................................................................................................ [3690]
4-2 Definitions ........................................................................................................ [3690]
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THE PRESIDENT
SECTION 1
DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT TO THE NATIONAL
INTELLIGENCE EFFORT *
1-1. National'=Set mty?-Council
1-101. Purpose. The National Security Council (NSC) was established by
the National Security Act of 1947 to advise the President with reipect to the
integration of domestic, foreign, and military policies relating to the national
security., The-NSC,shall~act assthe,highest,~ExecutiveBrancli==~entity,tliat=provides,
review of, guidance, for; anhdirection-to: the conduct ?of all',hational; foreign
intelligence and,counterintelligence`iactivities c
1-102. Committees. The -NSC: Policy, Review Committee- and;.Speeial-Coor.,
dinationCornmittee; 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 car-
rying out responsibilities assigned in this Order, shalhbecchaired:by-the~Director
of Centrale 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 pro-
posals 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: ,ther:President: for:;Natibrial 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 Presi-
dent 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 collec-
tion 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,
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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 Secretaryof
Defense, the Attorney General, the Director of the Office of Management and
Budget, the Assistant to the President for National Security Affairs, the Chair-
man 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 coun-
terintelligence 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 assess-
ment 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 IntelligenceBoard.-
1-401. Establishment and Duties. There is established a National Foreign
Intelligence Board (NFIB) to advise the,-Director.. of Central Intelligence con-
cerning:
(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:beychaired by the..Director ofCentral
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.
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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 intelli-
gence 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:cNational?Intelligmce, TaskingnCmterA
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 collec-
tion 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 capabil-
ities 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 Direc-
tor 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=Directoriof 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 Ex-
ecutive 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
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enhance capabilities for responding to expected future needs for national
foreign intelligence;
(e) ' Promote the development and maintenance of services of common
concern by designated foreign intelligence organizations on behalf of the
Intelligence Community;
(f) Ensure implementation of special activities;
(g) Formulate policies concerning intelligence arrangements with foreign
governments, and coordinate intelligence relationships between agencies of the
Intelligence Community and the intelligence or internal security services of
foreign governments;
(h) Conduct a program to protect against overclassification of foreign
intelligence information;
(i) Ensure the establishment by the Intelligence Community of common
security and access standards for managing and handling foreign intelligence
systems, information and products;
(j) Participate in the development of procedures required to be approved by
the Attorney General governing the conduct of intelligence activities;
(k) Establish uniform criteria for the determination of relative priorities for
the transmission of critical national foreign intelligence, and advise the Secretary
of Defense concerning the communications requirements of the Intelligence
Community for the transmission of such intelligence;
(1) Provide appropriate intelligence to departments and agencies not within
the Intelligence Community; and
(m) Establish appropriate committees or other advisory groups to assist in
the execution of the foregoing responsibilities.
1-602. National Foreign Intelligence Program Budget. The Director of Central
Intelligence shall, to the extent consistent with applicable law, have full and
exclusive authority for approval of the National Foreign Intelligence Program
budget submitted to the President. Pursuant to this authority:
(a) The Director of Central Intelligence shall provide guidance for program
and budget development to program managers and heads - of component
activities and to department and agency heads;
(b) The heads of departments and agencies involved in the National Foreign
Intelligence Program shall ensure timely development and submission to the
Director of Central Intelligence of proposed national programs and budgets in
the format designated by the Director of Central Intelligence, by the program
managers and heads of component activities, and shall also ensure that the
Director of Central Intelligence is provided, in a timely and responsive manner,
all information necessary to perform the Director's program and budget respon-
sibilities;
(c) The Director of Central Intelligence shall review and evaluate the
national program and budget submissions and, with the advice of the NFIB and
the departments and agencies concerned, develop the consolidated National
Foreign Intelligence Program budget and present it to the President through the
Office of Management and Budget;
(d) The Director of Central Intelligence shall present and justify the
National Foreign Intelligence Program budget to the Congress;
(e) The heads of the departments and agencies shall, in consultation with
the Director of Central Intelligence, establish rates of obligation for appro-
priated funds;
(f) The Director of Central Intelligence shall have full and exclusive
authority for reprogramming National Foreign Intelligence Program funds, in
accord with guidelines established by the Office of Management and Budget, but
shall do so only after consultation. with the head of the department affected and
appropriate consultation with the Congress;
FEDERALIEGISTER, VOL 43, NO. le-THURSDAY, JANUARY 26, 1978
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(g) The departments and agencies may appeal to the President decisions by
the Director of Central Intelligence on budget or reprogramming matters of the
National Foreign Intelligence Program.
(h) The Director of Central Intelligence shall monitor National Foreign
Intelligence Program implementation and may conduct program and perfor-
mance audits and evaluations.
1-603. Responsibility For National Foreign Intelligence. The Director of Central
Intelligence, shall have full responsibility for production and dissemination of
national foreign intelligence and have authority to levy analytic . tasks on
departmental intelligence production organizations, in consultation with those
organizations. In doing so, the Director of Central Intelligence shall ensure that
diverse points of view are considered fully and that differences of judgment
within the Intelligence Community are brought to the attention of national
policymakers.
1-604. -Protection-of Sources;;-Methods: