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NEW EXECUTIVE ORDER 12036, WHICH SUPERSEDES EXECUTIVE ORDER 11905

Document Type: 
CREST
Collection: 
General CIA Records
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP84-00499R001000040001-1
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
25
Document Creation Date: 
December 9, 2016
Document Release Date: 
August 16, 2001
Sequence Number: 
1
Case Number: 
Publication Date: 
January 30, 1978
Content Type: 
REGULATION
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PDF icon CIA-RDP84-00499R001000040001-1.pdf1.69 MB
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Approved F i eI c~0~ 8 ?~ : pI - > 0p R00 00040001-1 30 January 978 '!!M NEW EXECUTIVE ORDER 12036, WHICH SUPERSEDES EXECUTIVE ORDER 11Q05 1. Executive Order 11905, issued on February 18, 1976 by President Ford, delineated the authorities, responsibilities, duties, and limitations of the various officials and agencies responsible for the performance of national foreign intelligence and counterintelligence functions. That order has served as the primary source of guidance concerning the proper scope of intelligence activities ever since. On January 24, 1978, President Carter signed and issued Executive Order 12036, which supersedes Executive Order 11905. The purpose of this notice is to familiarize employees generally with the provisions in Executive Order 12036, particularly insofar as they affect CIA and differ from the provisions of Executive Order 11905. 2. The new order is intended principally to implement Presidential Directive NSC-17 of August 4, 1977, which established the full and exclusive authority of the Director of Central Intelligence for approval of the National Foreign Intelligence Program budget. Thus the statement of the Director's authorities in the new order has been expanded to include the various functions necessary to carry out this responsibility. In addition, the Presi- dential Directive mandated a stronger role for the Director in the establish- ment of intelligence requirements as well as the direction and coordination of the collection systems available to fulfill those requirements. The new order accomplishes this by designating the Director as Chairman of the National Security Council's cabinet-level Policy Review Committee for the purpose of establishing requirements, and by creating the National Intelligence Tasking Center, under the control of the Director, which is responsible for developing specific collection objectives to meet those requirements. The Director also has been specifically recognized as the focal point for intelligence arrangements with foreign governments and. as the principal spokesman to the Congress, the news media, and the public on intelligence matters. The Director is authorized to draw the support necessary to discharge the national foreign intelligence functions assigned to the Director from staff elements within the Office of the Director as well as CIA. Further, the National Foreign Intelligence Board is recognized and "established" under the order to advise the Director in the performance of these responsibilities. HS/HC- 9c /p owed For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 STATI Alk, Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 MANAGEMENT 30 January 1978 3. The CIA authorities have been expanded in the new order to recognize not only those functions explicitly authorized in Executive Order 11905, but also the Agency's responsibilities for the conduct and support of technical collection programs, for the clandestine collection of foreign intelligence within the U.S. in coordination with the FBI, for the coordina- tion of all foreign counterintelligence and clandestine foreign intelligence collection activities conducted abroad, and for the provision of legal, legisla- tive, and other administrative support to the Director. Except for wartime, or where the President determines another intelligence entity may be better suited to achieve the objective, only CIA may perform special activities in support of U.S. foreign policy objectives. 4. The National Security Council's Special Coordination Committee, which includes the Director, will continue in its role as the advisory body to the President concerning special activities in support of U.S. foreign policy objectives. In addition, sensitive foreign intelligence collection opera- tions will be reported by the Director to the chairman of this committee for appropriate review and approval under standards established by the President. A new responsibility of this committee is the development of policy regarding the conduct and objectives of national foreign counterintelligence activities and the approval of such counterintelligence activities or proposals as the President determines require such approval. 5. No existing restriction on CIA activities has been removed. Absolute prohibitions continue to be in effect concerning CIA-conducted electronic surveil- lance within the U.S. and unconsented physical searches within the U.S. As to other types of activity which CIA is authorized to perform in the course of its foreign intelligence functions, the supervisory role of the Attorney General has been enlarged in terms of both tone and substance. Existing requirements for Attorney General approval or compliance with Attorney General-approved procedures governing CIA conduct of counterintelligence activities with the FBI in the U.S., FBI intelligence and counterintelligence activities including electronic surveillance within the U.S. in support of CIA and other intelligence agencies, electronic surveillance directed against U.S. persons abroad, CIA testing of electronic equipment in the U.S. , and unconsented physical searches directed against U.S. persons abroad have been continued. The new order specifically requires, in addition, that the Attorney General approve procedures governing CIA conduct of foreign intelligence collection activities in the U.S. , activities which also must be coordinated with the FBI; physical surveillance directed against limited categories of U.S. persons in the U.S. and abroad; surreptitious movie and television surveillance within the U.S. or directed against a U.S. person abroad; audio countermeasures activities; training on electronic communications equipment; examination of mail of a U.S. person; undisclosed participation in organizations within the U.S.; all types of collection, as well as dissemination and storage, of the limited categories of nonpublic information concerning the domestic and foreign activities of U.S. persons Approved For Release 2001/08/222: CIA-RDP84-00499R001000040001-1 MANAGEML*proved For Relee 2001/08/22: CIA-RDP84-00499R000_ 30 January 1978 which the order allows to be acquired; the provision of expert personnel (as opposed to specialized equipment or technical knowledge) to assist federal agencies, or where lives are endangered, local law enforcement agencies; and concealment of CIA-sponsorship in contracting with private companies. Further, in circumstances where a warrant would be required if the activity were undertaken for law enforcement purposes, electronic surveillance, TV and movie surveillance, physical searches, and mail sur- veillance may not be directed against a U.S. person without a warrant unless the President has authorized the activity and the Attorney General has approved and found probable cause to believe the U.S. person is an agent of a foreign power. In addition, a new section has been added which charges the Attorney General.with approving the procedures for these various activities with the objective of ensuring compliance with law, protecting constitutional rights and privacy, and ensuring that intelligence activities authorized to be directed against U.S. persons employ the least instrusive means necessary to achieve their purposes. Until the Attorney General has approved the new pro- cedures required by the order, the activities to be affected are to continue to be conducted in accordance with Executive Order 11905. In all other respects Executive Order 12036 takes effect immediately. 6. The section formerly restricting "infiltration or undisclosed participa- tion" in U.S. organizations now provides that employees may not "join, or other- wise participate in" such organizations on behalf of the Agency without disclosure of their CIA affiliation, except for certain types of participation which are to be approved by the Attorney General and described generally in a public document. Further, this participation must be of limited scope and duration, and nondis- closure must be determined to be essential to achieving lawful purposes under approved procedures. The prohibitions on collection of information concerning U.S. persons have been extended to include information concerning their activities abroad as well as in the U.S. , and the existing exceptions to this bar have been modified to include such information acquired through overhead reconnaissance or for the purpose of assisting the State Department in locating U.S. persons abroad. The requirement that academic institutions be made aware of Agency sponsorship of contracts and agreements for goods and services has been retained. This requirement has been extended to agreements with private companies except where it is determined under approved procedures that concealment from the company of CIA sponsorship is necessary for essential cover or proprietary reasons. Assistance to law enforcement agencies may now include providing expert personnel under approved procedures, dis- semination of lawfully collected information to Federal or local authorities when it indicates criminal activities, and participation in the prevention or detection of clandestine intelligence activities or international terrorist or narcotics activities. The order also contains a new section barring an intel- ligence agency from using third parties to indirectly accomplish purposes otherwise forbidden by the order or by law. 3 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 STATINTL Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 MANAGEMENT 30 January 1978 7. Other significant revisions include the explicit recognition of the oversight functions of the Senate and House Select Committee on Intelligence and a description of the responsibilities of the Director and heads of other agencies to report various matters to those committees. The intelligence activities of the FBI, formerly excepted from the- restrictions provisions of Executive Order 11905, have now been brought specifically within the limita- tions of the new order. In addition, the Drug Enforcement Administration has been added to the agencies constituting the Intelligence Community and its intelligence functions have been made subject to Attorney General procedures and DCI coordination. Section 7 of Executive Order 11905, which required a Community-wide mandatory secrecy agreement for the protection of intelligence sources and methods, has been omitted in its entirety from the new order. All relevant terms have been incorporated into a single define itions section rather than appearing in duplicative definitions sections as was the case in Executive Order 11905. Definitions have been added for "Communications Security," "Intelligence Product," and "International Terrorist Activities" and informa- tion concerning terrorism has been included in the definition of "foreign intelligence" as well as "foreign counterintelligence." The composition of the National Foreign Intelligence Program has become more fluid because of the provision for three categories of programs: (1) those that are included without question (such as CIA and the staff elements of the Office of the Director); (2) those that are included unless the Director and the. Secretary of Defense agree to their exclusion (such as the Consolidated Cryptologic Program, the General Defense Intelligence Program, and the special reconnaissance pro- grams); and (3) those that are excluded unless-the Director and the appro- priate agency head agree to their inclusion (such as the intelligence elements of the FBI). Tactical military intelligence activities are specifically excluded from the NFIP. 8. This notice is not intended to represent a definitive interpretation of the new order and constitutes a mere summary of its more prominent features. Employees are encouraged to review the new order in its entirety in order to gain a more complete understanding of its contents and determine the manner in which it affects the performance of their duties. Any ambiguity or question which arises concerning the interpretation of the new order and its applica- tion to the Agency's functions should be referred to the Office of General Counsel. Likewise there should be referred to that office any question regard- ing the need to modify Agency regulations, directives, instructions, or policies so as to conform them to the provisions and requirements of the nq~v order. STANSFIELD TURNER Director 4 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Ruse 2001/08/22 : CIA-RDP84-00499RO64400040001-1 THURSDAY, JANUARY 26, 1978 PART II THE PRESIDENT im UNITED STATES INTELLIGENCE ACTIVITIES Executive Order 12036 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Aft- Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 presidential documents Title 3-The President ? January 24, 1978 United States Intelligence Activities 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 I DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT TO THE NATIONAL INTELLIGENCE EFFORT I-1 National Security Council ................................................................................. [3675] 1-2 NSC Policy Review Committee ........................................................................ [36751 1-3 NSC Special Coordination Committee ............................................................ [36751 1-4 National Foreign Intelligence Board ............................................................... [36761 1-5 National Intelligence Tasking Center ............................................................... [3677] 1-6 The Director of Central Intelligence ............................................................... [36771 1-7 Senior Officials of the Intelligence Community ............................................... [3679] 1-8 The Central Intelligence Agency ..................................................................... [36801 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 ............................................................................... [3684] 1-14 The Federal Bureau of Investigation ............................................................... 13684] 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 ...................................... ...................................................... [36851 2-205 Mail Surveillance .............................................................................................. [36851 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 an Cnntr-t;.,R .._- ... ..6.....,.._a .................................. lava, I 2-305 Prohibition on Assassination......... .................................................................. [3687] 2-306 Restrictions on Special Activities ........................... ......................... (36871 2-307 Restrictions on Indirect Participation in Prohibited Activities ........................ [36881 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 .................................. 136881 SECTION 3 OVERSIGHT OF INTELLIGENCE ORGANIZATIONS 3-1 Intelligence Oversight Board ............................................................................ [3688] 3-2 Inspectors General and General Counsel ........................................................ [3689] 3-3 Attorney General .............. [36891 3-4 Congressional Intelligence Committees .......................................................... [36891 SECTION 4 GENERAL PROVISIONS 4-1 Implementation ................................................................................................ [36901 4-2 Definitions ........................................................................................................ [36901 FEDERAL REGISTER, VOL. 43, NO. 18-THURSDAY, JANUARY 26, 1978 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Rel se 2001/08/22: CIA-RDP84-00499R0G E00040001-1 DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT TO THE NATIONAL INTELLIGENCE EFFORT * 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 Coor- dination 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 car- rying 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 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 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 Presi- dent a policy recommendation, including all dissents, on each special activity. When meeting for this purpose, the members of the SCC shall-inc`-Tuc~e die 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, ? Certain technical terms are defined in Section 4-2. FEDERAL REGISTER, VOL. 43, NO. 18-THURSDAY, JANUARY 26, 1978 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Release 2001/08/22 : CIA-RDP84-004 9R001000040001-1 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 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 Intelligence Board., 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 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 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Releftt 2001/08/22 : CIA-RDP84-00499 R00I X040001-1 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. 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 J 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 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 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 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 thi PR such objectives and guidance for the Intelligence Community as will FEDERAL REGISTER, VOL 43, NO. 18-THURSDAY, JANUARY 26, 1978 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approvecir Release 2001/08/22 : CIA-RDP84-00 99R001000040001-1 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 itT~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; FEDERALREGISTER, VOL 43, NO. 18-THURSDAY, JANUARY 26, 1978 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Rek se 2001/08/22 : CIA-RDP84-00499R064400040001-1 (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 and Procedures. The Director of Central Intelligence shall ensure that programs are developed which protect intelligence sources, methods and analytical procedures, provided that this responsibility shall be limited within the United States to: (a) Using lawful means to protect against disclosure by present or former employees of the CIA or the Office of the Director of Central Intelligence, or by persons or organizations presently or formerly under contract with such entities; and (b) Providing policy, guidance and technical assistance to departments and agencies regarding protection of intelligence information, including information that may reveal intelligence sources and methods. 1-605. Responsibility of Executive Branch Agencies. The heads of all Executive Branch departments and agencies shall, in accordance with law and relevant Attorney General procedures, give the Director of Central Intelligence access to all information relevant to the national intelligence needs of the United States and shall give due consideration to requests from the Director of Central Intelligence for appropriate support for CIA activities. 1-606. Access to CIA Intelligence. The Director of Central Intelligence, shall, in accordance with law and relevant Attorney General procedures, give the heads of the departments and agencies access to all intelligence, developed by the CIA or the staff elements of the Office of the Director of Central Intelli- gence, relevant to the national intelligence needs of the departments and agencies. 1-7. Senior Officials of the Intelligence Community. The senior officials of each of the agencies within the Intelligence Community shall: 1-701. Ensure that all activities of their agencies are carried out in accordance with applicable law; 1-702. Make use of the capabilities of other agencies within the Intelli- gence Community in order to achieve efficiency and mutual assistance; 1-703. Contribute in their areas of responsibility to the national foreign intelligence products; 1-704. Establish internal policies and guidelines governing employee conduct and ensure that such are made known to each employee; 1-705. Provide for strong, independent, internal means to identify, in- spect, and report on unlawful or improper activity; 1-706. Report to the Attorney General evidence of possible violations of federal criminal law by an employee of their department or agency, and report to the Attorney General evidence of possible violations by any other person of those federal criminal laws specified in guidelines. adopted by the Attorney General; Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Release 2001/08/22 : CIA-RDP84-004 9R001000040001-1 1-709. Report to the Intelligence Oversight Board, and keep the Director cents ,1.,., ntelligence appropriately informed, concerning any inlellivPnrP THE PRESIDENT 1-707. In any case involving serious or continuing breaches of security, recommend to the Attorney General that the case be referred to the FBI for further investigation; 1-708. Furnish the Director of Central Intelligence, the PRC and the SCC, in accordance with applicable law and Attorney General procedures, the infor- mation required for the performance of their respective duties; geographic and sociological intelligence to meet the needs of the President, the NSC, and other elements of the United States Government; 1-803. Collect, produce and disseminate intelligence on foreign aspects of narcotics production and trafficking; 1-804. Conduct counterintelligence activities outside the United States and coordinate counterintelligence activities conducted outside the United States by other agencies within the Intelligence Community; 1-805. Without assuming or performing any internal security functions, conduct counterintelligence activities within the United States, but only in coordination with the FBI and subject to the approval of the Attorney General; 1-806. Produce and disseminate counterintelligence studies and reports; 1-807. Coordinate the collection outside the United States of intelligence information not otherwise obtainable; 1-808. Conduct special activities approved by the President and carry out such activities consistent with applicable law; 1-809. Conduct services of common concern for the Intelligence Com- munity as directed by the NSC; 1-810. Carry out or contract for research, development and procurement of technical systems and devices relating to authorized functions; 1-811. Protect the security of its installations, activities, information and personnel by appropriate means, including such investigations of applicants, procedures agreed upon by the Director of Central Intelligence and the Attorney General; 1-802. Produce and disseminate foreign intelligence relating to the national security, including foreign political, economic, scientific, technical milita intelligence; g 1-713. Instruct their employees to cooperate fully with the Intelligence Oversight Board; and 1-714. Ensure that the Inspectors General and General Counsel of their agencies have access to any information necessary to perform their duties assigned by this Order. 1-8. The Central Intelligence Agency. All duties and responsibilities of the CIA shall be related to the intelligence functions set out below. As authorized by the National Security Act of 1947, as amended, the CIA Act of 1949, as amended, and other laws, regulations and directives, the CIA, under the direction of the NSC, shall: 1-801. Collect foreign intelligence, including information not_ ise obtainable and develop, conduct, or provide support for technical and other programs which collect national foreign intelligence. The collection of informa- tion within the United States shall be coordinated with the FBI as required b 1-711. Disseminate intelligence to cooperating foreign governments under rrangements established or agreed to by the Director of Central Intelligence; 1-712. Execute programs to protect against overclassification of fore; n with guidance from the Director of Central Intelligence and the NSC; 1-710. ect intelligence" and intelligence sources and methods consistent FEDERAL REGISTER, VOL. 43, NO. 13-THURSDAY, JANUARY 26, 1979 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Re''Ise 2001/08/jai j84-00499R68*t00040001-1 employees, contractors, and other persons with similar associations with the CIA as are necessary; 1-812. Conduct such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections 1-801 through 1-811 above, including procurement and essential cover and proprietary arrangements. 1-813. Provide, legal and legislative services and other administrative support to the Office of the Director of Central Intelligence. 1-9. The Department of State. The Secretary of State shall: 1-901. Overtly collect foreign political, sociological, economic, scientific, technical, political-military and associated biographic information; 1-902. Produce and disseminate foreign intelligence relating to United States foreign policy as required for the execution of the Secretary's responsibil- ities; 1-903. Disseminate, as appropriate, reports received from United States diplomatic and consular posts abroad; 1-904. Coordinate with the Director of Central Intelligence to ensure that national foreign intelligence activities are useful to and consistent with United States foreign policy; 1-905. Transmit reporting requirements of the Intelligence Community to the Chiefs of United States Missions abroad; and 1-906. Support Chiefs of Mission in discharging their statutory responsi- bilities for direction and coordination of mission activities. 1-10. The Department of the Treasury. The Secretary of the Treasury shall: 1-1001. Overtly collect foreign financial and monetary information; 1-1002. 1art cipate with the Department of State in the overt collection of general foreign economic information; 1-1003. Produce and disseminate foreign intelligence relating to United States economic policy as required for the execution of the Secretary's responsi- bilities; and 1-1004. Conduct, through the United States Secret Service, activities to determine the existence and capability of surveillance equipment being used against the President of the United States, the Executive Office of the President, and, as authorized by the Secretary of the Treasury or the President, other Secret Service protectees and United States officials. No information shall be acquired intentionally through such activities except to protect against such surveillance, and those activities shall be conducted pursuant to procedures agreed upon by the Secretary of the Treasury and the Attorney General. 1-11. The Department of Defense. The Secretary of Defense shall: 1-1101. Collect national foreign intelligence and be responsive to collec- tion tasking by the NITC; 1-1102. Collect, produce and disseminate foreign military and military- related intelligence information, including scientific, technical, political, geo- graphic and economic information as required for execution of the Secretary's responsibilities; 1-1103. Conduct programs and missions necessary to fulfill national and tactical foreign intelligence requirements; 1-1104. Conduct counterintelligence activities in support of Department of Defense components outside the United States in coordination with the CIA, and within the United States in coordination with the FBI pursuant to proce- dures agreed upon by the Secretary of Defense and the Attorney General, and produce and disseminate counterintelligence studies and reports; FEDERAL REGISTER, VOL. 43, NO. 18-THURSDAY, JANUARY 26, 1978 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Release 2001/08/22: CIA-RDP84-004998001000040001-1 THE PRESIDENT 1-1105. Direct, operate, control and provide fiscal management for the National Security Agency and for defense and military intelligence and national reconnaissance entities; 1-1106. Conduct, as the executive agent of the United States Government, signals intelligence and communications security activities, except as otherwise directed by the NSC; 1-1107. Provide for the timely transmission of critical intelligence, as defined by the Director of Central Intelligence, within the United States Government; 1-1108. Review budget data and information on Department of Defense programs within the National Foreign Intelligence Program and review budgets submitted by program managers to the Director of Central Intelligence to ensure the appropriate relationship of the National Foreign Intelligence Pro- gram elements to the other elements of the Defense program; 1-1109. Monitor, evaluate and conduct performance audits of Department of Defense intelligence programs; 1-1110. Carry out or contract for research, development and procurement of technical systems and devices relating to authorized intelligence functions; 1-1111. Together with the Director of Central Intelligence, ensure that there is no unnecessary overlap between national foreign intelligence programs and Department of Defense intelligence programs and provide the Director of Central Intelligence all information necessary for this purpose; 1-1112. Protect the security of Department of Defense installations, activi- ties, information and personnel by appropriate means. including such investiga- tions of applicants, employees, contractors and other persons with similar associations with the Department of Defense as are necessary; and 1-1113. Conduct such administrative and technical support activities with- in and outside the United States as are necessary to perform the functions described in sections 1-1101 through 1-1112 above. 1-12. Intelligence Components Utilized by the Secretary of Defense. In carrying out the responsibilities assigned in sections 1-1101 through 1-1113, the Secretary of Defense is authorized to utilize the following: 1-1201. Defense Intelligence Agency, whose responsibilities shall include: (a) Production or, through tasking and coordination, provision of military and military-related intelligence for the Secretary of Defense, the Joint Chiefs of Staff, other Defense components, and, as appropriate, non-Defense agencies; (b) Provision of military intelligence for national foreign intelligence prod- ucts; (c) Coordination of all Department of Defense intelligence collection requirements for departmental needs; (d) Management of the Defense Attache system; and (c) Provision of foreign intelligence and counterintelligence staff support as directed by the Joint Chiefs of Staff. 1-1202. National Security Agency (NSA), whose responsibilities shall include: (a) Establishment and operation of an effective unified organization for signals intelligence activities, except for the delegation of operational control over certain operations that are conducted- through other elements of the Intelligence Community. No other department or agency may engage in signals intelligence activities except pursuant to a delegation by the Secretary of Defense; (b) Control of signals intelligence collection and processing activities, including assignment of resources to an appropriate agent for such periods and tasks as required for the direct support of military commanders; (c) Collection of signals intelligence information for national foreign intelli- gence purposes in accordance with tasking by the NITC; FEDERAL REGISTER, VOL. 43, NO. 18-THURSDAY, JANUARY 26, 1978 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Re`Wdse 2001/Q&j3R& P84-00499RC-NN0040001-1 (d) Processing of signals intelligence data for national foreign intelligence purpoks consistent with standards for timeliness established. by the Director of Central Intelligence; (e) Dissemination of signals intelligence information for national foreign intelligence purposes to authorized elements of the Government, including the military services, in accordance with guidance from the NITC; (f) Collection, processing, and dissemination of signals intelligence infor- mation for counterintelligence purposes; (g) Provision of signals intelligence support for the conduct of military operations in accordance with tasking, priorities and standards of timeliness assigned by the Secretary of Defense. If provision of such support requires use of national collection systems, these systems will be tasked within existing guidance from the Director of Central Intelligence; (h) Executing the responsibilities of the Secretary of Defense as executive agent for the communications security of the United States Government; (i) Conduct of research and development to meet needs of the United States for signals intelligence and communications security; (j) Protection of the security ctf its installations, activities, information and personnel by appropriate means including such investigations of applicants, employees, contractors and other persons with similar associations with the NSA as are necessary; and (k) Prescribing, within its field of authorized operations, security regulations covering operating practices, including the transmission, handling and distribu- tion of signals intelligence and communications security material within and among the elements under control of the Director of the NSA, and exercising the necessary supervisory control to ensure compliance with the regulations. 1-1203. Offices for the collection of specialized intelligence through reconnaissance programs, whose responsibilities shall include: (a) Carrying out consolidated reconnaissance programs for specialized intelligence; (b) Responding to tasking through the NITC; and (c) Delegating authority to the various departments and agencies for research, development, procurement, and operation of designated means of collection. 1-1204. The foreign intelligence and counterintelligence elements of the military services, whose responsibilities shall include: (a) Collection, production and dissemination of military and military-related foreign intelligence, including information on indications and warnings, foreign capabilities, plans and weapons systems, scientific and technical developments and narcotics production and trafficking. When collection is conducted in response to national foreign intelligence requirements, it will be tasked by the NITC. Collection of national foreign intelligence, not otherwise obtainable, outside the United States shall be coordinated with the CIA, and such collection within the United States shall be coordinated with the FBI; (b) Conduct of counterintelligence activities outside the United States in coordination with the CIA, and within the United States in coordination with the FBI, and production and dissemination of counterintelligence studies or reports; and (c) Monitoring of the development, procurement and management of tactical intelligence systems and equipment and conducting related research, development, and test and evaluation activities. 1-1205. Other offices within the Department of Defense appropriate for conduct of the intelligence missions and responsibilities assigned to the Secretary of Defense. If such other offices are used for intelligence purposes, the provisions of Sections 2-101 through 2-309 of this Order shall apply to those offices when used for those purposes. Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Release 2001/08/22 : CIA-RDP84-00001000040001-1 THE PRESIDENT 1-13. The Department of Energy. The Secretary of Energy shall: 1-1301. Participate with the Department of State in oove tl coIecting political, economic and technical information with respect to foreign energy matters; 1-1302. Produce and disseminate foreign intelligence necessary for the Secretary's responsibilities; 1-1303. Participate in formulating intelligence collection and analysis requirements where the special expert capability of the Department can contribute; and 1-1304. Provide expert technical, analytical and research capability to other agencies within the Intelligence Community. 1-14. The Federal Bureau of Investigation. Under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the Director of the FBI shall: 1-1401. Within the United States conduct counterintelligence and coor- dinate counterintelligence activities of other agencies within the Intelligence Community. When a counterintelligence activity of the FBI involves military or civilian personnel of the Department of Defense, the FBI shall coordinate with the Department of Defense; 1-1402. Conduct counterintelligence activities outside the United States in i coordination with the CIA, subject? _to the approval of the Director of Central 1. Intelligence; 1-1403. Conduct within the United States, when requested by officials of the Intelligence Community designated by the President, lawful activities under- taken to collect foreign intelligence or support foreign intelligence collection requirements of other agencies within the Intelligence Community; 1-1404. Produce and disseminate foreign intelligence, counterintelligence and counterintelligence studies and reports; and 1-1405. Carry out or contract for research, development and procurement of technical systems and devices relating to the functions authorized above. 1-15. The Drug Enforcement Administration. Under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the Administrator of DEA shall: 1-1501. Collect, produce and disseminate intelligence on the foreign and domestic aspects of narcotics production and trafficking in coordination with other agencies with responsibilities in these areas; 1-1502. Participate with the Department of State in the overt collection of general foreign political, economic and agricultural information relating to narcotics production and trafficking; and 1-1503. Coordinate with the Director of Central Intelligence to ensure that the foreign narcotics intelligence activities of DEA are consistent with other foreign intelligence programs. SECTION 2 RESTRICTIONS ON INTELLIGENCE ACTIVITIES 2-1. Adherence to Law. 2-101. Purpose. Information about the capabilities, intentions and activities of foreign powers, organizations, or persons and their agents is essential to informed decision-making in the areas of national defense and foreign relations. The measures employed to acquire such information should be responsive to legitimate governmental needs and must be conducted in a manner that preserves and respects established concepts of privacy and civil liberties. 2-102. Principles of Interpretation. Sections 2-201 through 2-309 set forth limitations which, in addition to other applicable laws, are intended to achieve FEDERAL REGISTER, VOL. 43, NO. 18-THURSDAY, JANUARY 26, 1978 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Ruse 2001/08/22 : CIA-RDP84-00499R0DM00040001-1 THE PRESIDENT 3685 the proper balance between protection of individual rights and acquisition of essential information. Those sections do not authorize any activity not authorized by sections 1-101 through 1-1503 and do not provide any exemp- tion from any other law. 2-2. Restrictions on Certain Collection Techniques. 2-201. General Provisions. (a) The activities described in Sections 2-202 through 2-208 shall be undertaken only as permitted by this Order and by procedures established by the head of the agency concerned and approved by the Attorney General. Those procedures shall protect constitutional rights and privacy, ensure that informa- tion is gathered by the least intrusive means possible, and limit use of such information to lawful governmental purposes. (b) Activities described in sections 2-202 through 2-205 for which a warrant would be required if undertaken for law enforcement rather than intelligence purposes shall not be undertaken against a United States person without a judicial warrant, unless the President has authorized the type of activity involved and the Attorney General has both approved the particular activity and deter- mined that there is probable cause to believe that the United States person is an agent of a foreign power. 2-202. Electronic Surveillance. The CIA may not engage in any electronic surveillance within the United States. No agency within the Intelligence Com- munity shall engage in any electronic surveillance directed against a United States person abroad or designed to intercept a communication sent from, or intended for receipt within, the United States except as permitted by the procedures established pursuant to section 2-201. Training of personnel by agencies in the Intelligence Commnunity in the use of electronic communica? Lions equipment, testing by such agencies of such equipment, and the use of measures to determine the existence and capability of electronic surveillance equipment being used unlawfully shall not be prohibited and shall also be governed by such procedures. Such activities shall be limited in scope and duration to those necessary to carry out the training, testing or countermeasures purpose. No information derived from communications intercepted in the course of such training, testing or use of countermeasures may be retained or used for any other purpose. 2-203. Television Cameras and Other Monitoring. No agency within the Intelli- gence Community shall use any electronic or mechanical device surreptitiously and continuously to monitor any person within the United States, or any United States person abroad, except as permitted by the procedures established pursuant to Section 2-201. 2-204. Physical Searches. No agency within the Intelligence Community except the FBI may conduct any unconsented physical searches within the United States. All such searches conducted by the FBI, as well as all such searches conducted by any agency within the Intelligence Community outside the United States and directed against United States persons, shall be under- taken only as permitted by procedures established pursuant to Section 2-201. 2-205. Mail Surveillance. No agency within the Intelligence Community shall open mail or examine envelopes in United States postal channels, except in accordance with applicable statutes and regulations. No agency within the Intelligence Community shall open mail of a United States person abroad except as permitted by procedures established pursuant to Section 2-201. 2-206. Physical Surveillance. The FBI may conduct physical surveillance directed against United States persons or others only in the course of a lawful investigation. Other agencies within the Intelligence Community may not undertake any physical surveillance directed against a United States person unless: FEDERAL REGISTER, VOL. 43, NO. 18-THURSDAY, JANUARY 26, 1978 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Release 2001/08/22 : CIA-RDP84-00499'R001000040001-1 THE PRESIDENT (a) The surveillance is conducted outside the United States and the person being surveilled is reasonably believed to be acting on behalf of a foreign power, engaging in international terrorist activities, or engaging in narcotics production or trafficking; (b) The surveillance is conducted solely for the purpose of identifying a person who is in contact with someone who is the subject of a foreign intelligence or counterintelligence investigation; or (c) That person is being surveilled for the purpose of protecting foreign intelligence and counterintelligence sources and methods from unauthorized disclosure or is the subject of a lawful counterintelligence, personnel, physical or communications security investigation. (d) No surveillance under paragraph {c) of this section may be conducted within the United States unless the person being surveilled is a present employee, intelligence agency contractor or employee of such a contractor, or is a military person employed by a non-intelligence element of a military service. Outside the United States such surveillance may also be conducted against a former employee, intelligence agency contractor or employee of a contractor or a civilian person employed by a non-intelligence element of an agency within the Intelligence Community. A person who is in contact with such a present or former employee or contractor may also be surveilled, but only to the extent necessary to identify that person. 2-207. Undisclosed Participation in Domestic Organizations. No employees may join, or otherwise participate in, any organization within the United States on behalf of any agency within the Intelligence Community without disclosing their intelligence affiliation to appropriate officials of the organization, except as permitted by procedures established pursuant to Section 2-201. Such proce- dures shall provide for disclosure of such affiliation in all cases unless the agency head or a designee approved by the Attorney General finds that non-disclosure is essential to achieving lawful purposes, and that finding is subject to review by the Attorney General. Those procedures shall further limit undisclosed partici- pation to cases where: (a) The participation is undertaken on behalf of the FBI in the course of a lawful investigation; (b) The organization concerned is composed primarily of individuals who are not United States persons and is reasonably believed to be acting on behalf of a foreign power; or (c) The participation is strictly limited in its nature, scope and duration to that necessary for other lawful purposes relating to foreign intelligence and is a type of participation approved by the Attorney General and set forth in a public document. No such participation may be undertaken for the purpose of influenc- ing the activity of the organization or its members. 2-208. Collection of Nonpublicly Available Information. No agency within the Intelligence Community may collect, disseminate or store information concern- ing the activities of United States persons that is not available publicly, unless it does so with their consent or as permitted by procedures established pursuant to Section 2-201. Those procedures shall limit collection, storage or dissemination to the following types of information: (a) Information concerning corporations or other commercial organizations or activities that constitutes foreign intelligence or counterintelligence; (b) Information arising out of a lawful counterintelligence or personnel, physical or communications security investigation; (c) Information concerning present or former employees, present or former intelligence agency contractors or their present or former employees, or appli- cants for any such employment or contracting, which is needed to protect foreign intelligence or counterintelligence sources or methods from unautho- rized disclosure; FEDERAL REGISTER, VOL. 43, NO. 18-THURSDAY, JANUARY 2b, 1978 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Rse 2001/08/22: CIA-RDP84-00499R(100040001-1 THE PRESIDENT (d) Information needed solely to identify individuals in contact with those persons described in paragraph (c) of this section or with someone who is the subject of a lawful foreign intelligence or counterintelligence investigation; (e) Information concerning persons who are reasonably believed to be potential sources or contacts, but only for the purpose of determining the suitability or-credibility of such persons; (f) Information constituting foreign intelligence or counterintelligence gathered abroad or from electronic surveillance conducted in compliance with Section 2-202 or from cooperating sources in the United States; (g) Information about a person who is reasonably believed to be acting on behalf of a foreign power, engaging in international terrorist activities or narcotics production or trafficking, or endangering the safety of a person protected by the United States Secret Service or the Department of State; (h) Information acquired by overhead reconnaissance not directed at specific United States persons; (i) Information concerning United States persons abroad that is obtained in response to requests from the Department of State for support of its consular responsibilities relating to the welfare of those persons; (j) Information collected, received, disseminated or stored by the FBI and necessary to fulfill its lawful investigative responsibilities; or (k) Information concerning persons or activities that pose a clear threat to any facility or personnel of an agency within the Intelligence Community.. Such information may be retained only by the agency threatened and, if appropriate, by the United States Secret Service and the FBI. 2-3. Additional Restrictions and Limitations. 2-301. Tax Information. No agency within the Intelligence Community shall examine tax returns or tax information except as permitted by applicable law. 2-302. Restrictions on Experimentation. No agency within the Intelligence Community shall sponsor, contract for, or conduct research on human subjects except in accordance with guidelines issued by the Department of Health, Education and Welfare. The subject's informed consent shall be documented as required by those guidelines. 2-303. Restrictions on Contracting. No agency within the Intelligence Com- munity shall enter into a contract or arrangement for the provision of goods or services with private companies or institutions in the United States unless the agency sponsorship is known to the appropriate officials of the company or institution. In the case of any company or institution other than an academic institution, intelligence agency sponsorship may be concealed where ' it is determined, pursuant to procedures approved by the Attorney General, that such concealment is necessary to maintain essential cover or proprietary ar- rangements for authorized intelligence purposes. 2-304. Restrictions on Personnel Assigned to Other Agencies. An employee detailed to another agency within the federal government shall be responsible to the host agency and shall not report to the parent agency on the affairs of the host agency unless so directed by the host agency. The head of the host agency, and any successor, shall be informed of the employee's relationship with the parent agency. 2-305. Prohibition on Assassination. No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination. 2-306. Restrictions on Special Activities. No component of the United States Government except an agency within the Intelligence Community may conduct any special activity. No such agency except the CIA (or the military services in wartime) may conduct any special activity unless the.President determines, with FEDERAL REGISTER, VOL. 43, NO. 18-THURSDAY, JANUARY 26, 1978 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Release 2001/08/22 : CIA-RDP84-004'2001000040001-1 THE PRESIDENT the SCC's advice, that another agency is more likely to achieve a particular objective. 2-307. Restrictions on Indirect Participation in Prohibited Activities. No agency of the Intelligence Community shall request or otherwise encourage, directly or indirectly, any person, organization, or government agency to undertake activi- ties forbidden by this Order or by applicable law. 2-308. Restrictions on Assistance to Law Enforcement Authorities. Agencies with- in the Intelligence Community other than the FBI shall not, except as expressly authorized by law: (a) Provide services, equipment, personnel or facilities to the Law Enforce- ment Assistance Administration (or its successor agencies) or to state or local police organizations of the United States; or (b) Participate in or fund any law enforcement activity within the United States. 2-309. Permissible Assistance to Law Enforcement Authorities. The restrictions in Section 2-308 shall not preclude: (a) Cooperation with appropriate law enforcement agencies for the purpose of protecting the personnel and facilities of any agency within the Intelligence Community; (b) Participation in law enforcement activities, in accordance with law and this Order, to investigate or prevent clandestine intelligence activities by foreign powers, international narcotics production and trafficking, or international terrorist activities; or (c) Provision of specialized equipment, technical knowledge, or assistance of expert personnel for use by any department or agency or, when lives are endangered, to support local law enforcement agencies. Provision of assistance by expert personnel shall be governed by procedures approved by the Attorney General. 2-310. Permissible Dissemination and Storage of Information. Nothing in Sec- tions 2-201 through 2-309 of this Order shall prohibit: (a) Dissemination to appropriate law enforcement agencies of information which indicates involvement in activities that may violate federal, state, local or foreign laws; (b) Storage of information required by law to be retained; (c) Dissemination of information covered by Section 2-208 (a)-(j) to agencies within the Intelligence Community or entities of cooperating foreign governments; or (d) Lawful storage or dissemination of information solely for administrative purposes not related to intelligence or security. SECTION 3 OVERSIGHT OF INTELLIGENCE ORGANIZ:\flr)Ns 3-1. Intelligence Oversight Board. 3-101. Membership. The President's Intelligence Oversight Board (IOB) shall function within the White House. The IOB shall have three members who shall be appointed by the President and who shall be from outside the government and be qualified on the basis of ability, knowledge, diversity of background and experience. No member shall have any personal interest in any contractual relationship with any agency within the Intelligence Community. One member shall be designated by the President as chairman. 3-102. Duties. The IOB shall: (a) Review periodically the practices and procedures of the Inspectors General and General Counsel with responsibilities for agencies within the Intelligence Community for discovering and reporting to the IOB intelligence FEDERAL REGISTER, VOL. 43, NO. 18-THURSDAY, JANUARY 26, 1978 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Release 2001/08/22 : CIA-RDP84-00499R0011040001-1 THE PRESIDENT activities that raise questions of legality or propriety, and consider written and oral reports referred under Section 3-201; (b) Review periodically for adequacy the internal guidelines of each agency within the Intelligence Community concerning the legality or propriety of intelli- gence activities; (c) Report periodically, at least quarterly, to the President on its findings; and report in a timely manner to the President any intelligence activities that raise serious questions of legality or propriety; (d) Forward to the Attorney General, in a timely manner, reports received concerning intelligence activities in which a question of legality has been raised or which the IOB believes to involve questions of legality; and (e) 'Conduct such investigations of the intelligence activities of agencies within the Intelligence Community as the Board deems necessary to carry out its functions under this Order. 3-103. Restriction on Staff. No person who serves on the staff of the IOB shall have any contractual or employment relationship with any agency within the Intelligence Community. 3-2. Inspectors General and General Counsel. Inspectors General and General Counsel with responsibility for agencies within the Intelligence Community shall: 3-201. Transmit timely reports to the IOB concerning any intelligence activities that come to their attention and that raise questions of legality or propriety; 3-202. Promptly report to the IOB actions taken concerning the Board's findings on intelligence activities that raise questions of legality or propriety; 3-203. Provide to the IOB information requested concerning the legality or propriety of intelligence activities within their respective agencies; 3-204. Formulate practices and procedures for discovering and reporting to the IOB intelligence activities that raise questions of legality or propriety; and 3-205. Report to the IOB any occasion on which the Inspectors General or General Counsel were directed not to report any intelligence activity to the IOB which they believed raised questions of legality or propriety. 3-3. Attorney General. The Attorney General shall: 3-301. Receive and consider reports from agencies within the Intelligence Community forwarded by the IOB; 3-302. Report to the President in a timely fashion any intelligence activi- ties which raise questions of legality; 3-303. Report to the IOB and to the President in a timely fashion decisions made or actions taken in response to reports from agencies within the Intelligence Community forwarded to the Attorney General by the IOB; 3-304. Inform the IOB of legal opinions affecting the operations of the Intelligence Community; and 3-305. Establish or approve procedures, as required by this Order, for the conduct of intelligence activities. Such procedures shall ensure compliance with law, protect constitutional rights and priyacy, and ensure that any intelligence activity within the United States or directed against any United States person is conducted by the least intrusive means possible. The procedures shall also ensure that any use, dissemination and storage of information about United States persons acquired through intelligence activities is limited to that neces- sary to achieve lawful governmental purposes. 3-4. Congressional Intelligence Committees. Under such procedures as the President may establish and consistent with applicable authorities and duties, including those conferred by the Constitution upon the Executive and Legislative Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Branches and by law to protect sources and methods, the Director of Central Intelligence and heads of departments and agencies of the United States involved in intelligence activities shall: 3-401. Keep the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate fully and currently informed concerning intelligence activities, including any signifi- cant anticipated activities which are the responsibility of, or engaged in, by such department or agency. This requirement does not constitute a condition precedent to the implementation of such intelligence activities; 3-402. Provide any information or document in the possession, custody, or control of the department or agency or person paid by such department or agency, within the jurisdiction of the Permanent Select Committee on Intelli- gence of the House of Representatives or the Select Committee on Intelligence of the Senate, upon the request of such committee; and 3-403. Report in a timely fashion to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate information relating to intelligence activities that are illegal or improper and corrective actions that are taken or planned. 4-1. Implementation. 4-101. Except as provided in section 4-105 of this section, this Order shall supersede Executive Order 11905, "United States Foreign Intelligence Activi- ties," dated February 18, 1976; Executive Order 11985, same subject, dated May 13, 1977; and Executive Order 11994, same subject, dated June 1, 1977. 4-102. The NSC, the Secretary of Defense, the Attorney General and the Director of Central Intelligence shall issue such appropriate directives and procedures as are necessary to implement this Order. 4-103. Heads of agencies within the Intelligence Community shall issue appropriate supplementary directives and procedures consistent with this Order. 4-104. The Attorney General shall have sole authority to issue and revise procedures required by section 2-201 for the activities of the FBI relating to foreign intelligence and counterintelligence. 4-105. Where intelligence activities under this Order are to be conducted pursuant to procedures approved or agreed to by the Attorney General, those activities may be conducted under terms and conditions of Executive Order 11905 and any procedures promulgated thereunder until such Attorney General procedures are established. Such Attorney General procedures shall be estab- lished as expeditiously as possible after the issuance of this Order. 4-106. In some instances, the documents that implement this Order will be classified because of the sensitivity of the information and its relation to national security. All instructions contained in classified documents will be consistent with this Order. All procedures promulgated pursuant to this Order will be made available to the Congressional intelligence committees in accor- dance with Section 3-402. 4-107. Unless otherwise specified, the provisions of this Order shall apply to activities both within and outside the United States, and all references to law are to applicable laws of the United States, including the Constitution and this Order. Nothing in this Order shall be construed to apply to or interfere with any authorized civil or criminal law enforcement responsibility of any department or agency. 4-2. Definitions. For the purposes of this Order, the following terms shall have these meanings- FEDERAL REGISTER, VOL. 43, NO. 18-THURSDAY, JANUARY 26, 1978 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Approved For Reld ee 2001/08/22 : CIA-RDP84-00499R001 0040001-1 4-201. Communications security means protective measures taken to deny unauthorized persons information derived from telecommunications of the United States Government related to national security and to ensure the authenticity of such telecommunications. 4-202. Counterintelligence means information gathered and activities con- ducted to protect against espionage and other clandestine intelligence activities, sabotage, international terrorist activities or assassinations conducted for or on behalf of foreign powers, organizations or persons, but not including personnel, physical, document, or communications security programs. 4-203. Electronic Surveillance means acquisition of a nonpublic communica- tion by electronic means without the consent of a person who is a party to an electronic communication or, in the case of a nonelectronic communication, without the consent of a person who is visibly present at the place of communi- cation, but not including the use of radio direction finding equipment solely to determine the location of a transmitter. 4-204. Employee means a person employed by, assigned to, or acting for an agency within the Intelligence Community. 4-205. Foreign Intelligence means information relating to the capabilities, intentions and activities of foreign powers, organizations or persons, but not including counterintelligence except for information on international terrorist activities. 4-206. Intelligence means foreign intelligence and counterintelligence. 4-207. Intelligence Community and agency or agencies within the Intelligence Community refer to the following organizations: (a) The Central Intelligence Agency'(CIA); (b) The National Security Agency (NSA); (c) The Defense Intelligence Agency; (d) The Offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs; (e) The Bureau of Intelligence and Research of the Department of State; (f) The intelligence elements of the military services, the Federal Bureau of Investigation (FBI), the Department of the Treasury, the Department of Energy, and the Drug Enforcement Administration (DEA); and (g) The staff elements of the Office of the Director of Central Intelligence. 4-208. Intelligence product means the estimates, memoranda and other reports produced from the analysis of available information. 4-209. International terrorist activities means any activity or activities which: (a) involves killing, causing serious bodily harm, kidnapping, or violent destruction of property, or an attempt or credible threat to commit such acts; and (b) appears intended to endanger a protectee of the Secret Service or the Department of State or to further political, social or economic goals by intimidating or coercing a civilian population or any segment thereof, influenc- ing the policy of a government or international organization by intimidation or coercion, or obtaining widespread publicity for a group or its cause; and (c) transcends national boundaries in terms of the means by which it is accomplished, the civilian population, government, or international organiza- tion it appears intended to coerce or intimidate, or the locale in which its perpetrators operate or seek asylum. 4-210. The National Foreign Intelligence Program includes the programs listed below, but its composition shall be subject to review by the National Security Council and modification by the President. (a) The programs of the CIA; (b) The Consolidated Cryptologic Program, the General Defense Intelli- gence Program, and the programs of the offices within the Department of FEDERAL REGISTER, VOL. 43, NO. 18-THURSDAY, JANUARY 26, 1978 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 Awk Aft Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 3692 THE PRESIDENT Defense for the collection of specialized national foreign intelligence through reconnaissance except such elements as the Director of Central Intelligence and the Secretary of Defense agree should be excluded; (c) Other programs of agencies within the Intelligence Community desig- nated jointly by the Director of Central Intelligence and the head of the department or by the President as national foreign intelligence or counterintelli- gence activities; (d) Activities of the staff elements of the Office of the Director of Central Intelligence. (e) Activities to acquire the intelligence required for the planning and conduct of tactical operations by the United States military forces are not included in the National Foreign Intelligence Program. 4-211. Physical surveillance means an unconsented, systematic and deliber- ate observation of a person by any means on a continuing basis, or unconsented acquisition of a nonpublic communication by a person not a party thereto or visibly present thereat through any means not involving electronic surveillance. This definition does not include overhead reconnaissance not directed at specific United States persons. 4-212. Special activities means activities conducted abroad in support of national foreign policy objectives which are designed to further official United States programs and policies abroad and which are planned and executed so that the role of the United States Government is not apparent or acknowledged publicly, and functions in support of such activities, but not including diplomatic activity or the collection and production of intelligence or related support functions. 4-213. United States, when used to describe a place, includes the territories of the United States. 4-214. United States person means a citizen of the United States, an alien lawfully admitted for permanent residence, an unincorporated association orga- nized in the United States or substantially composed of United States citizens or aliens admitted for permanent residence, or a corporation incorporated in the United States. (0/- - e /_7 -I- THE WHITE HOUSE, January 24, 1978. EDITORIAL NOTE: The President's statement and remarks ofJan. 24, 1978, on signing Executive Order 12036, are printed in the Weekly Compilation of Presidential Documents (vol. 14, No. 4). 0 FEDERAL REGISTER, VOL. 43, NO. 18-THURSDAY, JANUARY 26, 1978 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 SECRET (When Filled In) AREA OR COUNTRY( pp oV orZ ase.~00 /0 /2~,u~1t11 ?R~4d~0499 00 00 OD+0441ES IDENTIFICATION OF DOCUME 25X1A Al NFIB NT (author, form, addressee, title & length) 1 Re ister Part II: US Intelligence Activities so, dated 30 Jan 78 DATE: 26 Jan 78 LOCATION: HS/HC-921 Executive Order 12036 pertaining to 1) duties and responsibilities of National Intelligence effort 2) restrictions on intelligence activities & 3) oversight of intelligence organizations. Also, - dated 30 Jan 78 Approved For Release 2001/08/22 : CIA-RDP84-00499R001000040001-1 E2, DECLASSIFICATION OF SOURCE (13?I5) FORM 2523EDITIaNSIOUS HISTORICAL STAFF SOURCE INDEX SECRET _e-72 CL_ 6Y: 007622 1 1
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