FURTHER CHANGES TO THE PROPOSED REVISIONS TO E. O 12036

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84-00933R000400130005-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 66
• Document Creation Date: December 15, 2016
• Document Release Date: September 15, 2003
• Sequence Number: 5
• Publication Date: May 27, 1981
• Content Type: MF

;DD/A Registry
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OGC 81-04400
27 May 1981
MEMORANDUM FOR: See Distribution
Associate Deputy General Counsel
SUBJECT . Further Changes to the Proposed Revisions
to E.O. 12036
ODP 117
REFERENCE . My Memorandum dated 14 May 1981, Same Subject
The DDCI has made a number of decisions regarding the
matters discussed in the reference. Those decisions are
contained in. the copy of the redrafted Order at Tab A. In order
to facilitate your identification of the most recent changes, I
have attached at Tab B a marked-up copy of the 15 May 1981 draft
which has the latest changes annotated.
25X1
Distribution:
Deputy Director for Operations
Deputy Director for National Foreign Assessment
Deputy Director for Administration
Deputy Director for Science and Technology
Director of Personnel
Comptroller
Inspector General
L*Gisi.ative Counsel
Director of Public Affairs
Director, Equal Employment Opportunity
Director, NIEPS
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Lp ~, -D ~f 1?
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Index of Chang es Made to Draft of 15 May 1981
Fade
(0)
1-509
1--607
1-704
1-706
1-902
1 - 9 0 3
1-911
1-913 (added)
1-1001 (c)
1-1002 (j)
(1)
2-102
2-203
2-206
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(d)
3-201
3-202
3-204
3-205
4-104
4-207 (c)
(f)
4-209 (b)
4-212
4-215 (a)
18
26
28
29
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SEC. 1. DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT
TO THE NATIONAL INTELLIGENCE EFFORT 1
1-1, National Security Council 1
1-2 National Foreign Intelligence Advisory Groups ...... 1
1-3 Director of Central Intelligence ................... 2
1-4 Duties and Responsibilities of the Heads of
Executive.Brcarich Departments ....... .............. 5
1-5 Senior Officials of the Intelligence Community ..... 6
1-6 The Central intelligence Agency .................... 7
1-7 The Department of State ............................ 8
1-8 The Department of the.Treasury ..................... 9
1-9 The Department of Defense .......................... 9
1-10 Intelligence Components Utilized by the Secretary
of Defense ...............................
... 11
1-11 The Department of Energy ...... .. '?
1-12 The Federal Bureau of Investigation ................ 14
SEC. 2. CONDUCT OF INTELLIGENCE ACTIVITIES .................. 15
2-1 General ............. .............................. 15
2-2 Use of Certain Collection Techniques ............... 15
2-3 Additional Principles .............................. 19
Page
SEC. 3. OVERSIGHT OF INTELLIGENCE ORGANIZATIONS ............ 22
3-1 President's Foreign Intelligence Advisory Board .... 22
3-2 Inspectors General and General Counsel ............. 23
3-3 Attorney General .................................... 24
3-4 Responsibilities of Heads of Departments and
Agencies ...................?.?..?........?...?..... 24
3-5 Staff .............................................. 24
3-6 Compensation and Allowances ........................ 24
3-7 Congressional Oversight ............................ 25
SEC. 4. GENERAL PROVISIONS ................................. 26
4-1
? plement_ation: ....
4-2 Definitions ....;....>
26
27
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EXECUTIVE ORDER- _
UNITED STATES
INTELLIGENCE ACTIVITIES
By virtue of the authority vested in me by the Constitu-
tion 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 effec-
tive conduct of:.United States intelligence activities and the
protection of constitutional rights, it is hereby ordered as
follows:
SECTION 1
DIRECTION, DUTIES AND
RESPONSIBILITIES WITH
RESPECT TO THE NATIONAL
INTELLIGENCE EFFORT
1--1. National Security Council..
1-101. Pur2ose~ 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, counterintelligence, and special
activities.
1--102. Committees. The NSC shall establish such
committees as may be necegsary to carry out its functions and
responsibilities under this Order.
1-2. National Foreign Intelligence Advisory Groups.
1-201. establishment and Dom. The Director of
Central intelligence shall establish such boards, councils, or
groups as required for the purpose of obtaining advice from
within the intelligence Community concerning:
(a) Production, review and coordination of national
foreign intelligence;
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(b) Priorities for the National Foreign Intelligence
Program budget;
(c) Interagency exchanges of foreign intelligence infor-
mation;
(d), Arrangements with foreign governments on intelli-
gence matters;
(e) Protection of intelligence sources and'methods;
(f) Activities of common concern;
(9) Such other matters as may be referred by the
Director of. Central Intelligence.
l--202. Membership. Advisory groups established pursuant
to this section shall be chaired by the Director of Central
Intelligence and shall consist .of. senior representatives from
organizations within the Intelligence Community and from depart-
ments sir agencies containing 'such organizations, as designated by
the Di-ector of Central Intelligence. Groups for consideration
of substaintive'intelligence, matters. will include representatives
of organizations involved in' the collection, processing, and
analysis of intelligence. A senior representative of the Secre-
tary of Commerce, Attorney General, Assistant to the President
for National. Security Affairs, End the Office of the Secretary of
Defense shall participate in any group which deals with other
than substantive intelligence matters.
1-3. Director of Central Intelligence.
1-301. Duties and Responsibilities of the Director of
Central Intelligence. In order to discharge the duties and
responsibilities prescribed by law, the Director of Central
Intelligence shall be responsible directly to the NSC and, in
addition to the duties and responsibilities 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 officiaas in the Executive Branch with national foreign
intelligence;
h 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 depart-
ments and agencies, as the Intelligence Community's principal
advocate to the Congress, the news media and the public, and
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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 NSC, such objectives and guidance.
for the Intelligence Community as will enhance capabilities for
respon+ing to expected future needs for national foreign intelli-
gence;
(e) Promote the development and maintenance of services
of common concern by'designated foreign intelligence organiza-
tions on behalf `of` the Intelligence Community;
:f) Ensure implementation of special activities;
(g) Fo'rnulate policies concerning intelligence arrange-
ments with foreign governments, and coordinate intelligence
relationships between agencies of the Intelligence Community and
the in eiligence or internal security services of foreign govern-
ments;
(h) : Conduct a program to ensure that foreign intel .;. -?
gence Information is adequately protected through proper classi-
ficatioi;
(i) Establish, with the advice of the Intelligence
Community, minimum security standards and procedures to govern
all individuals and entities having access to or that distribute
foreign intelligence and counterintelligence, provided that such
standards shall not preclude any department or agency from
imposing higher security standards or from complying with
specific statutory requirements applicable to that department or
agency;
(j) Develop, in accordance with applicable law and
regulations, a program specifically designed to strengthen the
protection of intelligence sources and methods from unauthorized
disclosure;
(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;
(l) Provide appropriate intelligence to departments and
agencies not within the Intelligence Community;
(m) Establish appropriate committees or other advisory
groups to assist in the execution of the Director's responsibili-
ties;
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(n) In accordance with law and relevant procedures-
approved by the Attorney Generalunder this order, give the heads
of the departments and agencies access to all intelligence,
developed by the CIA or the staff. elements of the Director of
Central intelligence, relevant to the national intelligence needs
of the departments and agencies;
full responsibility for production and dissemi-
Ha
ve
{o)
nation of national foreign intelligence and authority to levy
analytic tasks on departmental intelligence production organiza-
tions, in consultation with those organizations, ensuring that
appropriate mechanisms for competitive analysis are developed so
that diverse points of view are considered fully and that differ-
ences of judgment within the Intelligence Community are brought
to the attention of national policymakers;
(p) Ensure the timely exploitation and dissemination of
data (j.ithered by national foreign intelligence collection means,
and ens:::~e that the resulting intelligence is disseminated
immediately to appropriate components and commands;
(q) Establish mechanisms to.translate national. foreign
intellicjenceo~ jectives and priorities developed by the NSC into
specific guidance for the Intelligence Community, including the
development of plans and arrangements for transfer of required
collection tasking. authority to-the Secretary of Defense when
directed by the President;
(r) Provide to departments'and agencies having infor-
mation collection capabilities or intelligence assets that are
not a part of the National Foreign Intelligence Program advisory
tasking concerning collection of national foreign intelligence,
with particular emphasis placed on increasing the contribution of
departments or agencies to.the collection of information through
overt means;
(s) Resolve conflicts of. tasking priority in national
foreign intelligence activities, with recognition that any
department head may seek review of such resolution by appeal to
the NSC; ;
(t) Provide guidance for National Foreign Intelligence
Program and budget development to Intelligence Community program
managers, heads of component activities, and department and
agency heads
(u) Develop, in consonance with NSC guidance and with
the advice of the program managers and departments and agencies
concerned, the consolidated National Foreign Intelligence Program
budget and present it to the President through the Office of
Management and Budget;
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(v) Present and justify the National Foreign Intelli-
gence Program budget to the Congress;
(w) Review and approve all requests for reprogramming
National Foreign Intelligence Program funds, in accord with
guidelines established by the Office of Management and Budget;
.(x), Monitor National Foreign Intelligence Program imple-
mentation and, as necessary, conduct program and performance
audits and. evaluations;
(~i) Together with the Secretary of Defense, ensure that
there i.no unnecessary overlap between national foreign intelli-
gepce programs and Department of Defense intelligence programs,
and provide to and obtain from the Secretary of Defense all
information necessary for this purpose; and
(z} Together with the Secretary of State, ensure that
nationi:l foreign intelligence collection and special activities
are consistent with United States foreign policy.
1- Duties and Responsibilities of the Meads of Executive
Branch Departments and Agencies.
1-?401. The heads of all Executive Branch departments and
agencies shall, in accordance with law and relevant procedures
approved by the Attorney. General under this Order, 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 Intelligence
Community activities.
1-402. The heads of departments and agencies involved in
the National Foreign Intelligence Program shall ensure timely
development and submission to the Director of Central Intelli-
gence 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.
1--403. The heads of departments and agencies involved in
the National Foreign Intelligence Program may appeal to the
President decisions by the Director of Central Intelligence on
budget or reprogramming matters of the National Foreign Intelli-
gence Program.
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1-5. Senior officials of the Intelligence Community.
The heads of departments and agencies with organizations
in the Intelligence Community or the heads of such organizations,
as appropriate, shall:
1-501.
are carried out
missiohs;
Ensure that all activities of their organizations
in accordance with applicable law and assigned
Make use of the capabilities of other
within the intelligence Community in order to achieve
and mutual assistance;
agencies
efficiency
1--503. Contribute in their areas of responsibility to
the national foreign intelligence products;
1-504. Establish internal policies and guidelines
governing employee conduct and. ensure that such are made known to
each errp:l.c yee;
1-5o5. Provide for strong, independent, internal means
to identi y, inspect, and report on:unlawf ul or improper
activity;
1-506. Report to the;Attorney General possible viola
tions of those federal criminal laws. specified in procedures
agreed upon by the Attorney General and the head of the
department or agency concerned in'a manner consistent with the
protection of intelligence sources and methods, as specified in
those procedures;
1-507. 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;
1-508. Furnish the Director of Central intell=igence and
the NSC, in accordance with applicable law and procedures
approved by the Attorney General under this order, the informa-
tion required for the performance of their respective duties;
1-509.' Report to the Intelligence oversight Committee of
the President's Foreign Intelligence Advisory Board and keep the
Director of Central intelligence appropriately informed, concern-
ing any intelligence activities of their organizations which
ra Se uestions of legality or propriety;
1-510. Protect intelligence and intelligence sources and
methods from unauthorized disclosure consistent with guidance
from the Director of Central intelligence and the NSC;
1-502.
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1-511. Disseminate-intelligence to cooperating foreign
governments under arrangements established or agreed to by the
Director of Central Intelligence;
1-512. Execute programs to protect foreign intelligence
through proper classification;
1-513. Instruct their employees to cooperate fully with
the Intelligence Oversight Committee of the President's Foreign
Intelligence Advisory Board; and
1-514. Ensure that th'e inspectors General and General
Counsel for their organizations have access to any information
necess rl ,to perform their duties assigned by this Order.
1-6. . T h4 he Central Intelligence A enc_y.
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, sand other laws, regulations and
directives, the CIA, under the direction of the NSC, shall:
1-=-601. Collect foreign intelligence, including informa--
tion not otherwise obtainable, and develop, conduct, or provide
support for technical and other programs which collect national
foreign intelligence. The collection of information within the
United States shall be coordinated with the"FBI as required by
procedures agreed upon by the Director of Central Intelligence
and the Attorney General;
1-602, Produce and disseminate foreign intelligence
relating to the national security, including foreign political,
economic, scientific, technical, military, geographic, bio-
graphic, and sociological intelligence to meet the needs of the
President, the NSC, and other elements of the United States
Government;
1-603. Collect, produce and disseminate intelligence on
foreign aspects of narcotics production and trafficking;
1-604. Conduct counterintelligence activities outside
the United States* and coordinate all counterintelligence activi-
ties conducted outside the United States by other departments and
agencies;
1-605. Without assuming or performing any internal secu-
rity functions, conduct counterintelligence activities within the
United States, but only in coordination with the FBI as required
by procedures agreed upon by the Director of Central Intelligence
and the Attorney General;
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1-606. Produce and disseminate counterintelligence
studies and reports;
1-607. Coordinate the collection outside the United,
States of intelligence information not otherwise obtainable;
1--608. Conduct special activities approved by the Presi-
dent and carry out such activities consistent with applicable
law;
1-609. Conduct services of common concern for the Intel-
ligence Community as directed by the NSC;
1-610. Carry out or contract for research, development
and pi:bc trement of technical systems and devices relating to
autho:i ed functions;
1-611. Protect the security of its installations,
activities, information, property, and employees by appropriate
means, including such investigations of applicants, employees,
contra?rtddrs,'and other persons with similar associations with the
CIS as are necessary;
1.--612 Conduct such administrative and technical support
activities within' and outside. the' United States as are necessary
to perform the functions described in sections 1-601 through
1-611 above, including procurement and essential cover and
proprietary arrangements.
1-613. Provide legal, legislative, oversight, and
administrative support services to the staff elements of the
-Director of Central Intelligence.
1-7. The Department, of State.
The Secretary of State shall:
1-701. Overtly collect foreign political, sociological,
economic, scientific, technical, political-military and asso-
ciated biographic information;
1-702. Produce and disseminate foreign intelligence
relating to United States foreign policy as required for the
execution of the Secretary's responsibilities;
1-703. Disseminate, as appropriate, reports received
from United States diplomatic and consular posts abroad;
1-704. Together with the Director of Central Intelli-
gence? ensure that national foreign intelligence collection
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activities and special activities are consistent with United
States foreign policy;
1-705. Transmit reporting requirements of the intelli-
gence Community to the Chiefs of United States missions abroad;
and
1-706. Support Chiefs of missions in discharging their
statutory responsibilities for direction and coordination of
mission activities.
1-8.
The Deppttment of the Treasury.
Tlie Secretary of the Treasury shall:
1-801.
information;
Overtly collect foreign financial and monetary
1-802. Participate with the Department of State in the
overt golLection of general foreign economic information;
1-803. Produce and disseminate foreign intelligence
relating to United States economic policy as required for the
execution of the Secretary's responsibilities; and
1-804. 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 activi-
ties 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.
1-9. The Department of Defense.
The Secretary of Defense shall:
1-901. Collect national foreign intelligence and be
responsive to collection tasking by the Director of Central
Intelligence;
9 902. Collect, produce and disseminate foreign military
and military-related intelligence informationI, including scien-
tific, technical, political,, biographic, geographic and economic
information as required for execution of the Secretary's respon-
sibilities;
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1-903. Conduct programs and missions necessary to
fulfill national, departmental, and tactical foreign intelligence
requirements;
1-904. 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 procedures agreed upon by
the Secretary of Defense and the Attorney General, and produce
and disseminate counterintelligence studies and reports;
:1--905. Direct, operate, control and provide fiscal
management for the National Security Agency and for defense and
military intelligence and national. reconnaissance entities;
1 -906. Conduct, as the executive agent of the United
State Government, signals intelligence and communications secu-
rity 6ctjvities, except as otherwise directed by the NSC;
1-907. Provide for the timely transmission of critical
intell _Xice, as defined by the Director of Central Intelligence,
within the United States Government;
1--908. 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 Program
elements to the other elements of the Defense program;
1-909. Monitor, evaluate and conduct performance audits
of Department of Defense intelligence programs;
1-910. Carry out or contract for research, development
and procurement of technical systems and devices relating to
authorized intelligence functions;
1-1911. Protect the security of Department of Defense
installations, activities, property, information and employees by
appropriate means, including such investigations of applicants,
employees, contractors and other persons with similar associa-
tions with the Department of Defense as.are necessary;
1-912. Establish and maintain military intelligence
relationships and military intelligence exchange programs with
selected cooperative foreign defense establishments and inter-
national organizations, and ensure that such relationships. and
programs are in accordance with policies and procedures formu-
lated by the Director of Central Intelligence;
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1-913. Together with the Director of Central Intelli-
gence, ensure that there is no unnecessary overlap between
national foreign intelligence programs and Department of Defense
intelligence programs and provide to and obtain from the Director
of Central Intelligence all information necessary for this
purpose; and
1-914. Conduct such administrative and technical support
activities within and outside the United States as are necessary
to, perform the functions described in sections 1-901 through
1-913. above.
1-10. Intelligence Components Utilized by the Secretary of
Defense.
In carrying out: the responsibilities assigned in sections
1-901 through 1-914, the Secretary of Defense is authorized to
utilize the following.
1-1001. Defense Intelligence Agency, whose responsibil-
ites shall include:
(a) ' Collection, production or, through tasking and
coordination, 'provision of military and military-related intelli-
gence for the Secretary of Defense, the Joint Chiefs of Staff,
other Defense components, and, as appropriate, non-Defense
agencies;
(b) Collection and provision of military intelligence
for national foreign intelligence and counterintelligence
products;
(c) Coordination of all Department of Defense intelli-
gence collection requirements;
(d) Management of the Defense Attache system; and
(e) Provision of foreign intelligence and counter-
intelligence staff support as directed by the Joint Chiefs of
Staff.
1--1002. National Security Agency, 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 Commu-
nity. No other department or agency may engage in signals
intelligence activities except pursuant to a delegation by the
Secretary of Defense;
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(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 intelligence purposes in accordance with
guidance from the Director of Central Intelligence;
(d) Processing of signals intelligence data for national
foreign intelligence purposes in, accordance with guidance from
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 961cance from the Director of Central Intelligence;
(E) Collection, processing, and dissemination of signals
intelligence information for'counterintelligence purposes;
(j 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 provisions 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 responsibilites 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 of its installations,
activities, property, information and employees by appropriate
means, including such investigations of applicants, employees,
contractors and other persons with similar associations with the
NSA as are necessary;
(k) Prescribing, within its field of authorized opera-
tions, security regulations covering operating practices,
including the transmission, handling and distribution 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; and
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(1) Conduct of foreign cryptologic liaison for
intelligence purposes in accordance with policies and procedures
formulated by the.,pirector of Central Intelligence.
1-1003. Offices for the collection of specialized Intel-
ligence through reconnaissance programs, whose responsibilities
shall include:
(a) Carrying out consolidated reconnaissance programs
for specialized intelligence;
(b) Responding to tasking for national, departmental and
tactical purposes in accordance with procedures established by
the Director of Central Intelligence; and
(c) Delegating authority to the various departments and
agencies for research, development, procurement, and operation of
designated means of collection.
1-?1004. The foreign intelligence and counterintelligence
elements of the Army, Navy, Air Force and Marine Corps 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 require-
ments, it will be conducted in accordance with guidance from the
Director of Central Intelligence. 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.
ether offices within the Department of Defense
appropriate for conduct of the intelligence missions and respon-
sibilities assigned to the Secretary of Defense. If such other
offices are used for intelligence purposes, the provisions of
sections 2-1.01, through 2-309 of this order shall apply to those
offices when used for those purposes.
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1-11. The Department of Energy.
The Secretary of Energy shall:
1--1101. Participate with the Department of State in
overtly collecting political, economic and technical information
with respect to foreign energy matters;
1--1102. Produce and disseminate foreign intelligence
necessary for the Secretary's responsibilities;
1-1103. Participate in formulating intelligence collec-
tion aid analysis requirements where the special expert capa-
bility of the Department can contribute; and
1-?1104. Provide expert technical, analytical and research
capability to other agencies within the Intelligence Community.
1-12. 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-_1201. Within the United States conduct counterintelli-
gence and coordinate counterintelligence activities of other
agencies within the. Intelligence Community. When a counterintel-
ligence activity of the FBI involves military or civilian
personnel of the Department of Defense, the FBI shall coordinate
with the Department of Defense;
1--1202. Conduct counterintelligence activities outside
the United States in coordination with the CIA, subject to the
approval of the Director of Central Intelligence;
1-1203. Conduct within the United States, when requested
by officials of the Intelligence Community designated by the
President, lawful activities undertaken to collect foreign
intelligence or support foreign intelligence collection require-
ments of other agencies within the Intelligence Community;
1-1204. Produce and disseminate foreign intelligence,
counterintelligence and counterintelligence st udies_and reports;
and
1-1205. Carry out or contract for research, development
and procurement of technical systems and devices relating to the
functions authorized above.
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SECTION 2
CONDUCT OF
INTELLIGENCE ACTIVITIES
2-1. General.
2-101. purpose. Information about the capabilities,
intentions and activities of foreign powers, organizations, or
persons and their agents is essential to informed decisionmaking
in the areas of national defense and foreign relations. The
measures employed.~o acquire such information should be respon-
sive to legitimate governmental needs and should be conducted in
a manner that respects established concepts of privacy and civil
liberties.
2-102. Principles of Interpretation Sections 2-201
through 2-309 set forth governing principles which, in addition
to other applicable laws, are intended to achieve the proper
balance between protection of individual interests and acqui-
sition of essential information. Those sections govern the
conduct of specific activities which are authorized for the
performance of the functions and responsibilities assigned to the
agencies within the Intelligence Community by this Order or by
law. Those sections shall not be construed as affecting or
restricting other lawful activities of intelligence components
not otherwise addressed therein. Nothing in this Order shall
affect the law enforcement responsibilities of any department or
agency. Any collection activity conducted for a law enforcement
purpose may be handled in accordance with relevant law enforce-
ment procedures, as appropriate.
2--2. Use of 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. These procedures shall protect
constitutional rights and privacy, ensure that information is
gathered by the least intrusive means possible, and limit use of
such information to lawful. governmental purposes. he Attorney
C ''^ -'`ail provide a statement of reasons for not approving
any procedures established pursuant to this section. The
National Security Council may establish procedures in situations
where the agency head and the Attorney General are unable to
reach agreement.
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(b) The Attorney General hereby is delegated the power
to approve the use, for intelligence purposes, of any technique
for which a warrant would be required if undertaken for law
enforcement pdrposes, provided that such activities shall not be
undertaken in the United States or against a United States person,
abroad without a judicial warrant, unless the Attorney General
has determined that under the circumstances the activity is
lawful under the Constitution and statutes of the United States.
2-202. Electronic Surveillance. The CIA may not engage
in any electronic surveillance within the United States. No
agency within the Intelligence Community shall engage in any
electronic surveillance directed against a United States person
abroad or designed to intercept a communication sent from, or
intene]ec1 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
Community in the use of electronic communications equipment,
testing' b_y such agencies of such equipment, and the use of
measures to determine the existence and capability of electronic
surveili r.ce 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 neces-
sary 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. Any electronic
surveillance, as defined in the Foreign Intelligence Surveillance
Act of 1978, shall be conducted in accordance with that. Act as
well as, this Order.
2--203. Electronic, Optical, or Mechanical Moni tori.ng .
Electronic, optical, or mechanical devices may be used to monitor
any person in the United States or any United States person
abroad, but only in accordance with procedures established
pursuant to section 2-201. Any monitoring which constitutes
electronic surveillance as defined in the Foreign Intelligence
Surveillance Act of 1.978 shall be conducted in accordance with
that Act as well as this order.
2--204 Physical. Searches. No agency within the Intelli-
gence Community other than the FBI may conduct any unconsented
physical search within the United States except as provided in
this section. The counterintelligence elements of the military
services may conduct such searches directed against active duty
military personnel when authorized 'by a military commander
empowered to approve physical searches for law enforcement
purposes pursuant to the Manual for. Courts-Martial, Rule 315
(E.O. 12198), based upon a finding of probable cause to believe
that such persons are acting as agents of foreign powers. The
CIA may conduct such searches of personal property of non-U.S.
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persons lawfully in its possession. All such searches within the
United States, as well as all such searches conducted by any
agency within the Intelligence Community outside the United
States and directed against U.S. persons shall'~be undertaken only
as permitted by procedures established pursuant to section 2-201.
2-205. Mail Surveillance. No agency within the Intelli-
gence 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 that is out-
side U.S. postal channels except as permitted by procedures
established pursuant to section 2-201.
2--206. Phy ical Surveillance. The FBI may conduct
physical surveillancc directed against United States persons or
others in the course of a lawful investigation. Other agencies
within the'Intel.ligence Community may undertake physical
surveillance directed against a United States person if:
(a) The surveillance is conducted outside the United
States and the person is being surveilled in the course of a
lawful foreign intelligence, counterintelligence, international
narcotics or international terrorism investigation;
(b) That person is being surveilled for the purpose of
protecting foreign intelligence or counterintelligence sources
and methods from unauthorized disclosure or is the subject of a
lawful counterintelligence or personnel, physical or communica-
tions security investigation; or
(c) The surveillance is conducted solely for the purpose
of identifying a person who is in contact with someone described
in subsection (a) or (b) of this section.
(d) Surveillance under paragraph (b) may be conducted
within the United States of only a present employee, intelligence
agency contractor or employee of such a contractor, or military
person employed by a nonintelligence element of a military
service.
2-207. Undisclosed Participation in Domestic Organiza-
tions. Employees of agencies within the Intelligence Community
may join, or otherwise participate in, any organization within
the 'U t _ States on behalf of any agency within the Intelligence
Community without disclosing their intelligence affiliation to
appropriate officials of the organization, but only in accordance
with procedures established pursuant to section 2-201. Such
procedures shall provide for disclosure of such affiliation in
all cases unless the agency head or a designee finds that non-
disclosure is essential to achieving lawful purposes, and that
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finding is subject to review by the Attorney General. Those
procedures shall limit undisclosed participation 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 docu-
ment. No such participation may be undertaken for the purpose of
influencing the activity of the organization or its members
unless the Attorney General has approved the participation and
determined that it will not interfere with any rights protected
by the Constitution or laws of the United States.
Collection of Nonpublicly Available Informa-
tion. An agency within the Intelligence Community may collect,
retain in files on identifiable United States persons, or
disseminate information concerning the activities of United
States persons that is not available publicly, only if it does so
with their consent or as permitted by procedures established
pursuant to section 2-201. Those procedures shall limit collec-
tion, retention in files on identifiable United States persons,
and dissemination to he following types of information:
(a) Information concerning corporations or other commer-
cial organizations or activities that constitutes foreign intel-
ligence or counterintelligence;
(b) Information arising out of a lawful counterintelli-
gence or personnel, physical or communications security investi-
gation;
(c) Information concerning persons, derived.from any
lawful investigation, which is needed to protect foreign intel-
ligence or counterintelligence sources or methods from unautho-
rized di ;closure;'
(d) 'Information needed solely to identify individuals in
c?r a:_.= stn those persons described in paragraph (c) of this
section or in contact 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;
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(f) Information constituting foreign intelligence or
counterintelligence gathered abroad or from electronic surveil-
lance co-ilducted in compliance with section 2-202 or gathered by
lawful means in the United States;
(q) information about a person who has acted or may be
acting on behalf of a foreign power, has engaged or may be
engaging in international terrorist or narcotics activities, or
has endiingered the safety of any person protected by the United
States Secret Service or the Department of State, or may be
endangering the safety of any person;
(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 investiga-
tive responsibilities;
(k) Information concerning persons or activities that
pose a credible threat to any facility or employee of any agency
within the Intelligence Community or any department containing
such an agency; or
(1) Information concerning persons or organizations who
are the targets, victims or hostages of international terrorist
organizations.
In addition,. those procedures shall permit an agency within the
Intelligence Community to disseminate information, other than
information derived from signals intelligence, to another agency
within the Intelligence Community for purposes of allowing the
recipient agency to determine whether the information is relevant
to its lawful responsibilities and can be retained by it.
2-3. Additional? Principles.
2-301. -Tax-Information. Agencies within the Intelli-
cgence Community may examine tax returns or tax information only
as permitted by applicable law.
2_302, Human 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 and Human Services. The
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subject's informed consent shall be documented as required by
those guidelines.
2-303. Contracting. No agency within the Intelligence
Community shall enter into a contract or arrangement for the
provision of goods or services with private companies or institu-
tions 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
insti_t.uLion, intelligence agency sponsorship may be concealed
where it is determined, pursuant to procedures approved by the
agency head, that: such concealment is necessary for authorized
irite].I i g once purposes.
2...304. Restrictions on Personnel Assigned to Other
AcLenc_; 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 ency, 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 i n, or conspire to engage in, assassination.
2-306. Secial Activities. No component of the United
Pe-
States Government except an agency within the Intelligence Commu-
nity may conduct any special activity. No such agency except the
CIA (or the Armed Forces of the United States in time of war
declared by Congress or during any period covered by a report
from the President to the Congress under the War Powers Resolu-
tion (87 Stat. 855)) may conduct any special activity unless the
President determines that another agency is more likely to
achieve a particular objective.
2-307. Restrictions on Indirect Particination in
Prohibited Activities. No-agency of the Intelligence Community
shall participate in, indirectly or by proxy, any activity
forbidden by this Order or by applicable law.
2-308. Restrictions on Assistance to Law Enforcement
Autho: it.i_es. Agencies within the intelligence Community other
than ~:d FBI shall not, except as expressly authorized by law or
section _-309
(a) Provide services, equipment, personnel or facilities
to the Law Enforcement Assistance Administration (or its succes-
sor agencies) or to state or local police organizations of the
United States; or
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(b) Participate in or fund any law enforcement activity
within the United States.
2-309.
Authorities.
preclude:
(a)
agencies for
information,
Intelligence
Permissible Assistance to Law Enforcement
The restrictions in section 2-308 shall not
Cooperation with appropriate law enforcement
the purpose of protecting the employees,
property and facilities of any agency within the
Community;
(b) Participation in law enforcement activities in
accordance with law and this order, to investigate or prevent
clandestine intelligence activities by foreign powers, or inter-
national terrorist or narcotics activities; or
(c) Provision of specialized equipment, technical know-
ledge, or assistance of expert personnel for use by any depart-
ment or agency or, when lives are endangered, to support local
law enforcement agencies. Provision of assistance by expert
personnel. shall be approved in each case-by the General Counsel
of the providing agency.
2--310. Permissible Dissemination and Storage of Informa-
tion. Nothing in sections 2-201 through 2-309 of this Order
shall prohibit:
(a) Dissemination to appropriate law enforcement
agencies of information which may indicate involvement in activi-
ties 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 to agencies within the Intelligence Community or entities
of cooperating foreign governments; or
(d) Lawful storage or dissemination of information for
administrative purposes.
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SECTION 3
OVERSIGHT OF INTELLIGENCE
ORGANIZATIONS
3-1. President's Foreign Intelligence Advisory Board.
3-101. Duties. There is hereby established within the
Executive Office of the President, the President's Foreign Intel-
ligence Advisory Board, hereinafter referred to as the "Board."
The Board shall:
(a) Advise t;he President concerning measures to support
and improve the performance of the Intelligence Community;
(b) Advise the President concerning the objectives,
conduct, management and coordination of the various activities
comprising the overall national intelligence effort;
(c) Conduct a continuing review and assessment of
intell_Lg-e::ence and related activities in which the Intelligence
Community and other Government departments and agencies are
engaged;
(c:l) Receive, consider and take appropriate action with
respect to matters identified to the Board by the Director of
Central Intelligence and the heads of other Government depart-
ments and agencies of, the Intelligence Community, in which the
support of the Board will further the effectiveness of the
national intelligence effort; and
(c) Report to the President periodically, but at least
semiannually, concerning the Board's findings and appraisals, and
make appropriate recommendations for actions to achieve increased
effectiveness of the Government's intelligence effort in meeting
national intelligence needs.
3--102. Membership-. Members of the Board shall be
appointed-by the President from among persons outside the Govern-
ment, qualified on the basis of knowledge and experience in
matters relating to the national defense and security, or
possessing other knowledge and abilities which may be expected to
contribute to the effective performance of the Board's duties.
Ono inert ber o the Board shall be designated by the President as
chairman. The members of the Board shall receive such compen-
sation and allowances, consonant with law, as may be prescribed
hereafter.
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3-103. Intelligence Oversight Committee; Duties. Three
members of the Board shall be designated by the President as the
Board's intelligence Oversight Committee (IOC). The IOC 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 IOC intelligence activities that raise
questions of legality and propriety, and consider written and
oral reports submitted by them concerning such activities;
(b) Review periodically for adequacy the internal guide-
lines of each agency within the Intelligence Community concerning
the legality or propriety of intelligence activities;
(c) Report in a timely manner to the President: concern-
ing any intelligence activities that any member of the Committee
believes are a violation of the Constitution or laws of the
United States, Executive order, or Presidential Directive, or are
a serious impropriety;
(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 IOC believes to
involve questions of legality; and
(e) Conduct such reviews of the practices and activities
of agencies within the Intelligence Community as the Committee
deems necessary to carry out its functions under this Order.
3-2. _Inspector.s 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 IOC concerning any
intelligence activities that come to their attention and that
raise questions of legality or propriety;
3-202. Promptly report to the IOC actions taken concern-
ing the Board's findings on intelligence activities that raise
questions of legality or propriety;
3-203. Provide to the IOC information requested concern-
ing the legality or propriety of intelligence activities within
their respective agencies;
3-204. Formulate practices and procedures for discover-
ing and reporting to the IOC intelligence activities that raise
questions of legality or propriety; and
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3-205. Report to the IOC any occasion on which the
Inspectors General or General Counsel were directed not to report
any intelligence activity to the IOC 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 IOC;
3-302. Report to the President in a timely fashion any
intelligence activities which the Attorney General determines
violate the Constitution or laws of the United States, Executive
Order, or Presidential Directive;
3-303. Report to the IOC 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 IOC; and
:3--304. Inform the IOC of legal opinions affecting the
operations of the Intelligence Community.
3--4. P.(,-'s onsibili.ties of Heads of Departments and Agencies. In
order tea facilitate performance of the Board's functions, the
Director of Central Intelligence and the heads of all other
departments and agencies shall make available to the Board all
information with respect to intelligence and related matters
which the Board may require for the purpose of carrying out its
responsibilities to the President in accordance with the terms of
this Order. Such information made available to the Board shall
be given all necessary security protection in accordance with the
terms and provisions of applicable laws and regulations.
3-5. Staff. The Board shall have a staff headed by an execu-
tive secretary, who shall be appointed by the President and shall
receive such compensation and allowances, consonant with law, as
may be prescribed by the Board. The executive secretary shall be
authorized, subject to the approval of the Board and consonant
with law, to appoint and fix the compensation of such staff
personnel. as may; be necessary for performance of the Board's
duties. No person who serves on the Board or its staff shall
have any contractual or employment relationship with any agency
within the Intelligence Community
3-6. Compensation and Allowances., Compensation and allowances
of the Board, the executive secretary and members of the staff,
together with other expenses arising in connection with the work
of the Board, shall be paid from the appropriation appearing
under the heading "Unanticipated Needs" in the Executive Office
Appropriations Act, 1980, Pub. L. 96-74, 93 Stat. 565, and, to
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the extent permitted by law, from any corresponding appropriation
which may be made for subsequent years. Such payments shall be
made without regard to the provisions of ?3681 of the Revised
Statutes and ?9 of the Act of March 4, 1909, 35 Stat. 1027 (31
U.S.C. 672 and 673).
3-7. Congressional Oversight. The duties and responsibilities
of the Director of Central Intelligence and the heads of other
departments, agencies, and entities engaged in intelligence
activities to cooperate with and assist the Congress in the
conduct of its responsibilities for oversight of intelligence
activities shall be as provided in title 50, United States Coder
?413.
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SECTION 4
GENERAL-PROVISIONS
4-1. Implementation.
4--101. Except as provided in section 4-105 of this
section, this Order shall supersede Executive Order 12036,
"United States Intelligence Activities," dated January 24, 1978,
and sections 1-104 and 1-105 of Executive Order 12139, "Foreign
Intelligence Electronic Surveillance," dated May 23, 1979.
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 imple-
ment this Order.
4-103. Heads of agencies within the Intelligence
Commur-it'' shall issue appropriate supplementary directives and
procedures consistent with this order.
q__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. The Attorney General shall also develop
procedures for coordination by the Drug Enforcement Administra-
tion (DEA) with the Director of Central intelligence to ensure
that the criminal narcotics intelligence activities of DEA are
consistent with foreign intelligence programs. Procedures shall
also be developed for coordination by DEA of its production and
dissemination of intelligence on the foreign and domestic aspects
of narcotics production and trafficking with other agencies with
responsibilities in these areas. Liaison by DEA with intelli-
gence and internal security services of foreign governments will
be conducted in accordance with procedures established by the
Director of Central Intelligence.,
4-105. Until the procedures required by this order have
been established, the activities authorized and regulated herein
shall be conducted in accordance with procedures heretofore
approved or agreed to by the Attorney General pursuant to Execu-
tive Order 12036. Procedures required by this order-shall be
z,st.ab_ished as expeditiously as possible.
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 instruc-
tions contained in classified documents will be consistent with
this Order. All procedures promulgated pursuant to this Order
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will be made available to the Congressional intelligence commit-
tees in accordance with applicable law.
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 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 respon-
sibility of any department or agency.
4-2. Definitions.
For the purposes of this order, the following terms shall
have these meanings;
4-201. Communications security means protection measures
taken to deny unauthorized persons information derived from tele-
comm.unIcations of the United States Government related to
national security and to ensure the authenticity of such commu-
nications. Such protection results from the application of
security :measures (including cryptosecurity, transmission secu-
rity, emissions security) to electrical systems generating,
handling, processing, or using national security or national-
security related information. It also includes the application
of physical security measures to communications security informa-
tion or materials,
4-202. Counterintelligence means information gathered
and activities conducted to protect against espionage, other
intelligence activities, sabotage or assassinations conducted for
or on behalf of foreign powers, organizations or persons, or
international terrorist activities, but not including personnel,
physical, document, or communications security programs.
4-203. Electronic Surveillance means acquisition of a
nonpublic communication 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 communication,
but not including the use of radio direction finding equipment
solely to determine the location of a transmitter.
4-204. Em2l9yee means a person employed by, assigned to,
or acting for an agency within the Intelligence Community.
4-205. Foreicn 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.
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4-206. Intelligence means foreign intelligence and
counterintelligence.
4-207. Intelligence Community and agencies within the
Intell.ic;ence Community refer to the following agencies or
organizations:
(a) The Central Intelligence Agency (CIA);
(b) The National Security Agency (NSA);
(c) The Defense Intelligence Agency (DIA);
(d) The Offices within the Department of Defense for the
Coll ectAon of specialized national foreign intelligence through
reconnaissance programs;
(e) The Bureau of Intelligence and Research of the
Department of State;
(1) The intelligence elements of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation
(FBI), the Department of the Treasury, and the Department of
Energy; and
(g) The staff elements of the Director of Central
Intelligence.
4-208. In_te_ellig nce Product means the estimates, memo-
randa 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, the Department of State, or other Federal depart--
ment or agency, or to further political, social or economic goals
by intimidating or coercing a civilian population or any segment
thereof, influencing the policy of a government or international
O, C1e?`i .,pn by intimidation or coercion, or obtaining widespread
publicity for a group or its cause; and
(c) Occurs totally outside the United States or
transcends national boundaries in terms of the means by which it
is accomplished,-the civilian population, government, or inter-
national organization it appears intended to coerce or
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 Approved For Release 2003/11/06 : CIA-RDP84-00933R000400130005-1
intimidate, or the locale in which its perpetrators operate or
seek asylum.
4-210. The Nation-aal Foreign Intelligence Program
includes the programs listed below, but its composition shall be
subject to review by the National Security Council and modifica-
tion by the President.
'Zi )
The programs of the CIA;
(b) The Consolidated Cryptologi-c Program, the General
Defense Intelligence Program, and the programs of the offices
within the Department of Defense for the collection of special-
ized national foreign intelligence through reconnaissance except
such elements as the Director of Central Intelligence and the
Secret,ry of Defense agree should be excluded;
(c) Other programs of agencies within the Intelligence
Community designated jointly by the Director of Central Intelli-
gence and the head of the department or by the President as
national foreign intelligence or counterintelligence activities;
(d) Activities of the staff elements 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. Ph s:ical surveillance means an unconsented,
systematic and deliberate 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
threat 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 in
support of national foreign policy objectives abroad 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 which are not
intended to influence United States public opinion or policies
and do not include diplomatic activities or the collection and
production of intelligence or related support functions.
4-213. Telecommunications means the transmission, commu-
nication or processing of information, including the preparation 4',
of information therefor, by electrical, electromagnetic, electro-
mechanical or electro-optical means.
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 Approved For Release 2003/11/06 : CIA-RDP84-00933R000400130005-1
4-214. United States, when used to describe a place,
includes the territories of the United States.
4-215. United States person means:
(:) For purposes of collection of information by any
techniui-,e for which a warrant would be required if undertaken for
law enforcement purposes, and the dissemination and retention of
such information, a citizen of the United States, an alien
lawfully u .,t r
(i) Eabl.ish, with the advice of the Intelligence
individuals and entit_~eshaving ~accessitto or `thatedistribu en all
foreign intelligence and counterintelligence, provided that such
standards shall not preclude any department or agency from
imposing higher security standards or from complying with
specific statutory requirements applicable to that department or
agency;
~..~ , y,? -%-"Lttcx,iut2 wit:n applicable law and
intelligence sources and methods from unauthorized disclosur
(k) Establish uniform criteria for the determination of
relative priorities for the transmission of critical national
foreign intelligence, and advise the Secretary of Defense
g the communications requirements of the Intelligence
ti-tip I t' for the transmission oi such ini_ellic
Pr*ovide.--appropriate, i.ntelligenc odepa.rtmeats__anc3 =
agencies not within the Intelligence Community;
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 Approved For Release 2003/11/06 : CIA-RDP84-00933R000400130005-1
(in) Establish appropriate committees or other advisory
crow s to assist in the execution of the Director's responsibili-
(n) In accordance with law and relevant procedures
approved by the Attorney General under this Or.&er, give the heads
of the departments and agencies access to all intelligence,'
dc!velop:ed by the CIA or. the staff elements of the Director of -
Central intelligence, relevant to the national intelligence needs-
of the departments and agencies; n a --. a-eG. t
(o) Have full responsibility for production and dissemi-
nation'of national foreign intelligence and authority to levy -
analytic tasks on departmental intelligence production organiza-
tions, in consultation with those organizations, ensuring that
diverse points of view are considered fully and that differences-
of judgment within the Intelligence Community are brought to the
attent:.i.ur of national policymakers;
Ensure the timely exploitation and dissemination of
data ga':at_-hered by national foreign intelligence collection means,
and ensure that the resulting intelligence is disseminated
immediately to appropriate components and commands;
(q) Establish mechanisms to translate national foreign
intelligence objectives-and priorities developed by the NSC into
specific-- guidance for the intelligence Community, a-^4-zn
S-)-CY't'YiC':.:"l.~
, / +-vv-L,-,G E.l.J uCYc1L LIMZ:,nL~ C21UU dyCLIUIF=5 ilciviily 1ni.:or--
oration collection capabilities or intelligence assets that are
not. a part of the National Foreign Intelligence Program advisory
tasking concerning collection of national foreign intelligence,
with particular emphasis placed on increasing the contribution of
departments or agencies to the collection of information through
overt means; u.t
(s) Resolve conflicts of tasking priority in national
--(rte-
foreign intelligence activitiesp-' w1__ _%X-c. ,~
~
~
0, ?x,,
ci- 1~~~ '~- Ica ?~ c~ ?~.-c
~~. Sc
c-
- -&
(t) Provide guidance for National Foreign Intelligence
Program and budget development to Intelligence Community program
managers sand department and agency heads;
"b c,.-pr~z,. ,L - ~d,~'~`~'"` "~` "' 1) 41
(u) Develop, with the advice of thetepartments and
agencies concerned, tie consolidated National Foreign Intelli
'~"`
Bence Program--budget- -and present--?t -to--the--President -through- the-
0
ffice of anagemen and k3udcjet;
T
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 ~~IAeR~-Q9$R~6a4~(~$0(fI51te11
Approved For Release 2119:
sent and
a
involved in
l-.q0 . The heads of departments and agencies 3 to the
the National Foreign Intelligence program may appeal
President. decisions by the Director of Centrnal 1nteliigelceeoni-
budget or reprogramming matters of the Ce
sibiI ities.
1-402. The 11cads of departments and agencies involved in time-ly
the shall
Intelli-
the National Foreign intelligence
and submission to
gence of proposed national programs and budgets in the format , by designated by the Director of CentralIntelligtnce, and heap
program managers and heads of component
also ensure that the Director of Central Intelaligen e istion infor
provided, in a timely and responsive man ner, al budget resoon-
necessary to perfo s rm the Director's program ell
1
,1rel evan uests ro.~ o and shall give due consideration tregpport for Intelligence
Central Intelligence for appropriate
Community activities.
National Foreign intelligence Pro 3r Beget
guidelines established by the Office of Management
Monitor National Foreign Intelligence Program imple--
{x) necessary, conduct program and performance
;entation and, as
audits and evaluations;""
Together with the Secretary of Defense, ensure that
{y}
there . i_; no unnecessary overlap bntfe~senantelligenceign intelli-
gence programs and Department of
and provide to and obtain from
theeSect Secretary of se all information necessary for this
th~t:~?~'
VAq WI e,2~~r
puroos4~ `
1_4. t;utiks and Res ponsibilities of the Heads of Executive
Branch Der~aar_tments acid _ Aqencies.
,1/=901. The heads of all Executive Branch departments and
agenc''es shall., in accordance with law and relevantgprroceduures
apJDroKed by the Attorney General under this Order, gi~.o e iotn
Di'rectotr' of Central Intelligence access to all
to the national intelligence needs of the Unity_,d States
the DiL:-ctor of
f T
{w} Review and approve all reques h
am funds, in ac or w t
gence program budget
is for re r ammin
(l,) Pre
to the Congress;
5. nior Of #icials- .of = the _Ir teli
1-5.
The heads of departments and agencies with organizations
in the Intelligence Community or the heads of such organizations,
as appropriate, shall:
rove Q Re~c~~3 CI P 00933R0 b0130005-1
 their organizations
1-Approved ~%J"spk~'8( 3/tO06 e0h" i4 9~ R( 0P.4~OOa1~g0U-Jsigned
in accordance with applica
carried 0:l out
cc_
missions; ther agencies _1Z
1-502. make use of the inborderetooacoieve.efficiency
within the intelligence Community
.nn mutual assistance;
1-503. Contribute in their areas of responsibility to
the national foreign intelligence products;
1-504. Establish internal policies and guidelines
governing employee conduct and ensure that such are made known to
each e ;.oloyee;
;_..~i05. Provide for strong, independent, internal means
and report on unlawful or improper
to ident_Ly, inspect, activi fi.y P
1-506. Report to the Atlawsesp~~ified pi nsproceduresa^-
tions of those federal criminal
agreed lA~c~rs by the Attorney General the the depart
ment or ~7c~tnCy concerned
protection of intelligence sources and methods, as specified it
those procedures;
1-507. In any case serious the
breaches of security, recommend
case be referred to the FBI for further investigation;
1--508. Furnish the Director of Central Intelligence and
the NSC, in accordance with applicable law and procedures
approved by. the Attorney Generunde~htthisrOrdder, teedinfosma-
ti.on required for the performance
1-509. Report to the Intelligence Oversight Committee of
the President's Foreign Intelligencers Advisory Board and,keep the
.
Director of Ci'ntral intelligence appropriately
concerning any intelligence activities of their organizations
which raise questions of legality or propriety;
1-510. Protect intelligence and intelligence sources and
methods from unauthorized disclosure consistent with guidance
from the Director of Central Intelligence and the NSC;
Disseminate intelligence to cooper-ating foreign
1,17 -
"bIisI d or eed :to by t; lv
l)n~~ c r r Y; m 17`3 c'S a
Director of Central Intell:igencc;
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 Approved For Release 2003/11/06 : CIA-RDP84-00933R000400130005-1
Execute programs to protect foreign intelligence
through proper classification;
1-513. Instruct their employees to cooperate fully with
the Intelligence Oversight Committee of the President's Foreign
Intelligence Advisory Board; and
1-514. Ensure that the Inspectors General and General
Counsel for their organizations have, access to any information
necessary to perform tl1eir duties assigned by this Order.
1-6. The Central Intelligence Aciency.
All, duties and responsibilities of the CIA shall be
relates l 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?601. Collect foreign intelligence, including informa-
tion not otherwise obtainable, and develop, conduct, N t\\ rovide
support for technical. and other programs which collet national
foreign Intelligence.. The collection of information within the
United States shall be coordinated with the FBI as required by
procedures agreed upon by the Director of Central Intelligence
and the Attorney General;
1-602. Produce and disseminate foreign intelligence
relating to the national security, including foreign political,
economic, scientific, technical, military, geographic,
biographic, and sociological intelligence to meet the needs of
the President, the NSC, and other elements of the United States
Government;
1-603. Collect, produce and disseminate intelligence on
foreign aspects of narcotics production and trafficking;
1---604. "Conduct counterintelligence activities outside
the United States and coordinate all counterintelligence activi-
ties conducted outside the United States by other departments and
agencies;
1-605. Without assuming or performing any internal secu-
rity functions, conduct counterintelligence activities within the
United States, but only in coordination with the FBI as required
by pros?r"d res agreed upon by the Director of Central Intelligence
and tr, .trotney Genetial,
l"-606. -Produce and disseminate eounterintell igence. ?~-
studies and reports;
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 Agved FobReIe5se 2TOR/17e :cQAA-fpf 88933&T~4S81 R5-Un lppO i ted
err ... not otherwise obtainable;
l-608. Conduct special activities approved by the Presi-
dent and carry out such activities consistent with applicable
law;_
States of intelligence information by--e-1-
1-609. Conduct services of.common concern for the Intel-
ligence Community as directed by the NSC;
I-610. Carry out or contract for research, development'
and procurement of technical systems and devices relating to
authorized functions;
-6t-1n Protect the security of its installations,
activities, information, property, and employees by appropriate
means, including such investigations of applicants, employees,
contractors, and other persons with similar associations with the
from United States diplomatic and consular posts a~ ark;
activities within and outside he Unit- States as are necessary
to perform the functions des ribed in e ti5 -501 through 1-611
above, i.ncludin procurernen and esse al cover and proprietary
arrang em!ants~
1--613. Provide legal, legislative, oversight, and
administrative support services to the staff elements of the
Director of Central Intelligence.
1-7. The Department of State.
The Secretary of Stat:e shall:
1--701. Overtly collect foreign political, sociological,
economic, scientific, technical, political-military and
associated biographic information;
1-702. Produce and disseminate foreign intelligence
relating to United States foreign policy as required for the
execution of the Secretary's responsibilities;
1-703. Disseminate, as appropriate, reports received
1. E;12. Conduct such a inistrative and technical support
CIA as ore necessary;
l 70r*.- ._:__E ~ }f with'-che Director -of entry- l-:Intel.licjerice_ _-.-
4--e--ensure that national foreign intelligence activities
consistent with United States foreign policy;
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 Appro. d For Release2003/11/06 ? CIA-RDP84-0A933Rb0,04001 0 5-1
1--705; Transmit repor?zng requirement-s or t e Intelli-
gence Community to the Chiefs of United States Missions abroad;
and
~,,. jl'Jt55ear~
1-706: Support Chiefs of Missi nS'rt discharging their
statutory responsibilities for direction and coordination of
mission activities.
1-8. The Department of the Treasury.
The Secretary of the Treasury shall:
.1-8301. Overtly collect foreign financial and monetary
information;
i--302. Participate with the Department of State in the
overt collection of general foreign economic information;
1--803_ Produce and disseminate foreign intelligence
relating to United States economic policy as required for the
execution of the Secretary's responsibilities; and
3.-?604. 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 activi-
ties 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--9. 'Elie Department of Defense.
The Secretary of Defense shall:
1--90l. Collect national foreign intelligence and be
responsive to collection tasking by the Director of Central
Intelligence; - + ,
1-902. Collect, produ e, and disseminate foreign military
and military--related intellig nce information, including scien-
tific, technical) political, geographic and economic information
as required for execution of the Secretary's responsibilities;
3. Conduct programs and missions necessary to
fuifiI_3 nati_onal,' and tactical : oreign inuelligence requirements;
1---904. Conduct counterintelligence activities in support
of Department of Defense components outside the United States in
19
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 Approved For ~ele,2003a/AY0? i VIA rfdDR$Od$a41i-1 in
coordination with t e FBlrpursuant to procedures agree upon by
coordination with the e)and the Attorney General, and produce
s
the secretary of Defer
and disseminate gounterintelligence studies and reports,
Direct, operate, control and provide fiscal
1-~0 A ency and for defense, and
management for the National Security 9
reconnaissance entities;
military intelligence and national
1.906. Conduct, as the executive agent of the United
States Government, signals intelligence and communicat:ions-secu-
rity activities, except as otherwise directed by the NSC;
1-907. Provide for the timely transmission of critical
intelligence, as defined by the Director of Central Intelligence,
within the United States Government;
1--908_ Review budget data and inforr ati lntonlDpartment
of Defense programs within the National Foreign
am neie to the
Program and review budgets submitted by p gi is t
Director: of Central intelligence to ensure the appropr
relationship of the National ForeigneIntelligence Program
elements to the other elements of
1--909. Monitor, evaluate and conduct performance audits
of Department of Defense intelligence programs;
1-910. Carry out or contract for research, development
and procurement of technical systems and devices relating to
authorized intelligence functions;
e
1-911. Protect the,' ecu ty of Depart m t ofbDefensro-
installations, activities information and 5 PP
licants,
priate r7re~:an6 ncluding such investigations of app
employees, contractors and other persons with similar associa-
tions with the Department of Defens S are necessary;
1-912.,,_ ' Establish and maintain military inteelligenceth
relationships and military intelligence exchange programs
selected cooperative foreign defense establishments and inter-
national organizations, and ensure that screlationssips and
programs are in accordance with policies and procur
formulated by the Director_ of Central Intelligence; -v
--~t)-
1-91Z.`~ Conduct such administrative and technical support
activities within and outside the Unitedc tateslasOaretrnecessary
to perform the functions described zn e
1--91,x-above.
1-10. Intelligence Components Utilized by the Secretary o
Defen e.
Ia
/Yl-9Together with the Director of Central Intelligence, ensure
-
that there is no unnecessary overlap between national foreigna inteld
ligence programs and Department of Defense intelligeT~ncelplioqgram al
provide~o_~Aufo FtDn ba0~'jrlp6$ ~~~331 00040Q130005-1
informati~5rt3Y Cessary or this purposes
 Approved For elease 2003/11/06 : CIA-RDP.84:00933F Os0~ ~0e1 00~ -1Sections
In carrying out the resonsibil~t~es a
1-901 through 1-91,g, the secretary of Defense is authorized to
utiliz,6 the following:
Defe ~e Intell ence A enc , whose responsibil_
1-1Q01.
rtes shall include:
(a) Collection, production or, through tasking and
provision of military-and military-related intelli-
coord in~a t. ion, prov the joint Chiefs of Staff, if
e
,
f Defens
e
retary o
gence for the Sec non- efense
other Defense components, and, as appropriate,
agencies;
(b) Collection and provision of military intelligence
national foreign intelligence and counterintelligence
r
o
f
produc
( c)
intellig4-aAce
0 )
Coordination of all Department of Defense
collection requirements;
-e-?~
Management of the Defense Attache system;
and
r Provision of foreign intelligence and counter
intelligence staff support as directed by the Joint Chiefs of
Staff.
whose responsibilities
1--1O02. National SecuritV AqericY-
shall include: V! ~~
(a) Establishment and operation of an effective unified
organization for signals intelligence acvities, exceptsf r tt he
delegation of operational control over cti
are conducted through other elements of the Intelligence Commu-
nity. 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 intelligence purposes in accordance with
guidance from the Director of Central Intelligence;
-(d)-- -Processing of signals intelligence data for national
foreign intelligence purposes in accordance with guidance from
the Director of Central Intelligence;
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(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 Director of Central Intelligence;
(f) Collection, processing, and dissemination of signals
intelligence information 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 provisions of such support requires use of
national collection systems, these systems fill be tasked within
existing guidance from the Director of Central Intelligence;
(h) Executing the responsibilites 9f the Secretary of -a
Defense as executive agent for the communications security of the
United States Government;
the United States for signals intelligence _ and communications
-security; t--P'C- 7
(i) Conduct of research and development to meet needs of
(j) Protection of the s curity of its installations,
tors and her persons with similar associations with the NSA_. s
includin-ouch investigations of applicants, employees, contrac--
activities, information and p,. - by appropriate mean
(k) Prescrik`ng within its field of authorized opera-
tions, security reg'ula Ions covering operating practices,
including .the transmission, handling and distribution of signals
intelligence and communications security material within and
among the elements under control of the Dire '-or of the NSA, and
are necessary;
(1) ,poncluct of foreign cryptologic e- ~-' -
liaisort,~r ~,-
in accordance with policies and procedures formulated by the
Director of Central Intelligence.
1--1003. Offices for the collection of specialized intel-
ligence through reconnaissance programs, whose responsibilities
shall include:
i
a) P
carrying out consolidated reconnaissance programs
fox__special ized .. intelligence;
(b) Responding to tasking for national, departmental-and
tactical purposes in accordance with procedures established by
the Director of Central Intelligence; and
exercising the necessary supervisory cant 13 ensure compliance
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 Approved For Release 2003/11/06 : CIA-RDP84-00933Rb00400130005-1
(c) Delegating authority to the various departments and
agencies for research, development, procurement, and operation of
designated means of collection.
1-1004. The foreign intelligence and counterintelligence
elements of the Army, Navy, Air Force and Marine Corpsiwhose
responsibilities shall include:
(a) Collection, production - d dissemination of military
and military-related foreign intelce, 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; require-
ments, it t will be conducted in accordance with guidance from the
Director- of Central Intelligence. Collection of national foreign
in tell.igance, not otherwise obtainable, outside the United States
shall he coordinated with the CIA, and such collection within the
United States shall be coordinated with the FBI;
(h Conduct of counterintelligence activities outside
the United States in coordination with the CIA, and within the
United ',gates 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.
1-1005. Other' offices within the Department of Defense
appropriate for conduct of the intelligence missions and respon-
sibilities assigned to the Secretary of Defense- If such other
offices are used for intelligence purposes, the provisions' of
eeti 52-ioi through 2-309 of this Order shall apply to those
office!--E.rhen used for those purposes.
1-11. The Department of En ergy.
The Secretary of Energy shall:
1--2101. Participate with the Department of State in
overtly collect.iig political, economic and technical information
with respect to foreign energy matters;
2. Produce and disseminate foreign intelligence
necessary ror the SEcretary'S ? esponsibili'ties;
1-1103. Participate in formulating intelligence collec-
tion and analysis requirements where the special expert capa-
bi y1 f the Department can contribute; and
fps
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1-1 04. Provide expert technical, analytical and research
capabili, to other agencies within the Intelligence Community.
; f-5
1-12. The Federal Bureau of Investicsation.
Under the supervision of the Attorney General and pursuant
to such regulations as the Attorney General may establish, the
Director of the FBI shall:
1-1201. Within the United States conduct counterintelli-
gence and coordinate counterintelligence activities of other
agencies within the Intelligence Community. When a counterintel-
ligence activity of the FBI involves military or civilian
personnel of the Department of Defense, the FBI shall coordinate
with th; Department of Defense;
1-1202. Conduct counterintelligence activities: outside
the United States in coordination with the CIA, subject to the
approval, of the Director of Central intelligence;
1-1203. Conduct within the United States, when requested
by officials of the Intelligence Community designated by the
President, lawful activities undertaken to collect foreign
intelligence or support foreign intelligence collection require-
ments of other agencies within the Intelligence Community;
1-1204. Produce and disseminate, foreign intelligence,
counterintelligence and counterintelligence studies and reports;
and
1-1205. Carry out or contract for research, development
and procurement of technical systems and devices relating to the
functions authorized above.
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qAl(
 Approved For Release 2003/11/06 : CIA-RDP84-00933R000400130005-1
SECTION 2
CONDUCT OF
INTELLIGENCE ACTIVITIES
- i
2-1. General.
2-101. Purpose. Information about the capabilities,
intentions and activities of foreign powers, organizations, or
persons and their. agents is essential to informed decisionmaking
in the, areas of national defense and foreign relations. The
measures employe.] to acquire such information should. be respon-
sivee to legitimate governmental needs and should be conducted in
a manner; that respects established concepts of privacy and civil.
liberties.
2?-102. Principles of Interpretation. Sections 2-201
through 2-309 set forth governing principles which, in addition
to other applicable laws, are intended to achieve the proper
balance between protection of individual interests and acqui-
sition of essential information. Those sections govern the con-
duct of s6e?cific activities which are authorized for the per-
formance of the functions and responsibilities assigned to the
agencies within the Intelligence Community,. Those sections shall
not be construed as affecting or restricts
ties of intelligence components not other
therein. Nothing in this order shall affe
responsibilities of any department or agen
activity conducted for a law enforcement p'
in accordance with relevant law enforcemen
priate.
ng other lawful activi-
se addressed
t the law enforcement
V. Any collection
rpose may be handled
procedures,
k,
2-2. Use of Certain Collection Techniques.
2-201. General Provisions.
(a) The activities described in sections 2-212 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. These procedures shall protect
constitutional rights and privacy, ensure that, information is
cjathered by the least intrusive means possible, and limit use of
such information to lawful governmental purposes. The Attorney
General shall provide a statement of reasons for not approving
any procedures established pursuant to this section. The
National .-S
ecurity 'Council -may -establish procedur-es-_.in--situati-ons
_
where the -agency head and the Attorney General-are unable' to reach agreement.
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 Approved For Release 203/11/06 : CIA-RDP84-00933R600400130005-1
(b) The Attorney General hereby is delegated the power
to approve the use, for intelligence purposes, of any technique
for which a warrant would be required if undertaken for: law
enforcement purposes, provided that such activities shll not be
undertaken in the Un}3'ted States or against a United States person
abroad without a jur3"icial warrant, unless the Attorney General
has determined that under the circumstances the activity is.
lawful under the Constitution and statutes of the United States.
2-202. Electronic Surveillance. The CIA may not engage
in any electronic surveillance within the United States. No
agency within the Intelligence Community 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
permits:ed by the procedures established pursuant to section
2-201. Training of personnel by agencies in the Intelligence
Community in the use of 'electronic communications equipment,
testing by such agencies of such equipment, and the use of
measures to determine the existence and capability of electronic
sur.veill:cnce 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 neces-
sary 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. Any electronic
surveillance, as defined in the Foreign intelligence Surveillance
Act of 1978, shall be conducted in accordance with that Act as
well as this Order.
2--203. Electronic, Optical, or Mechanical Monitoring.
Electronic, optical, or mechanical devices may be used to monitor
any person in the United States or any United States person
a b r o a d y -s-
' ru~~ but only in accordance
with procedures established pursuant to section 2-201. Any
monitoring which constitutes electronic surveillance as defined
in the Foreign Intelligence Surveillance Act of 1978 shall be
conducted in accordance with that Act as well as this Order.
2---204. Physical Searches. No agency within the Intelli-
gence Community ;Other than the FBI may conduct any unconsented
physical search within the United States except as provided in
this section. The counterintelligence elements of the military
ser- `aicemay conduct such searches directed against active duty
military personnel when authorized by a military commander
empowered- to- approve -physical searches for law enforcement
purposes pursuant to the'Ma~nual "for Courts--Marti-al, Ri7le-315
(E.O. 12198), based upon a finding of probable cause to believe
that such persons are acting as agents of foreign powers. The
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CIAlmay conduct such searches of personal property of non-U.S.
persons lawfully in its possession. All such searches within the
United States, as well as all such searches conducted by any
agency within the Intelligence Community onside the United
States and directed against U.S. persons shall be undertaken only
as permitted by procedures estdrlished pursuant to section 2-201.
2-205. Mail Surveillance. No agency within the Intelli-
gence 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 that is out-
side U.S. postal channels except as perm-itted by procedures
established pursuant to section 2-201.
2-:.206. i?} ysi.cal Surveillance. The FBI may
physical surveillance ' Y~~; ^g tT~r aso- cap?~~
f c e r- L
-P._ _ directed against United States persons or others in the
course of a lawful investigation. Other agencies within the
Intelligence Community may undertake physical surveillance
against a United States person
(a) The surveillance is conducted outside the United
States and the person is being surveilled in the course of a
lawful foreign intelligence, counterintelligence, international
narcotics or international terrorism investigation;
(b) That person is being surveilled for the purpose of
protecting foreign intelligence or counterintelligence sources
and methods from unauthorized disclosure or is the subject of a
lawful counterintelligence or personnel, physical or communica-
tions security investigation; or
(c) The surveillance is conducted solely for the purpose
of identifying a person who is in contact with someone described
in subsection'"(a) or (b) of this section.
(d) Surveillance under paragraph (b) may be conducted
within the United States of only a present employee, intelligence
agency contractdr or employee of such a contractor, or military
person employed by a nonintelligence element of a military
service.
2-207. Undisclosed }'articioation in Domestic Orqaniza-
tions. Employees of agencies within-the Intelligence Community
may join, or otherwise pa rticipate-in,--any-organization within
the United States on behalf of any agency within the Intelligence
Community without disclosing their intelligence affiliation to
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appropriate officials of the organization, but only in accordance
with procedures established, pursuant to section 2-201. Such
procedures shall provide for disclosure of such affiliation in
all cases unless the agency head..-or a designee finds that non- -
disclosure is essential to achieving lawful purposes, and that,
finding is subject to review by the Attorney General. Those
procedures shall limit undisclosed participation 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 anO 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 docu-
ment. No such participation may be undertaken for the purpose of
influencing the activity of. the organization or its members
unless the Attorney General has approved the participation and
determined that it will not interfere with any rights protected
by the 'constitution or laws of the United States.
2.--208. Collection of Nonnublicly Available Informaa-
tion. 2'en agency within the Intelligence Community may collect.,
retain in files on identifiable United States persons, or
disseminate information
concerning the activities of United States
persons that is not available publicly, only if it does so with
their consent or as permitted by procedures established pursuant
to section 2-201. Those procedures shall limit collection,
retention in files on identifiable United States persons, and
dissemination to the following types of information:
(a) Information concerning corporations or other commer-
cial organizations or activities that constitutes foreign intel-
ligence or coiinter.intelligence;
(b) Information arising out of a lawful counterintelli-
gence or personnel, physical or communications security investi-
gation;
(c::) Information concerning persons, derived from any
lawful investigation, which is needed to protect foreign intel-
ligence or counterintelligence sources or methods from unauthr,-
rizeci cfi.c
(d) Information needed solely to identify individuals in
contact with those persons described in paragraph (c) of this
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section or in contact -with someone who is the subject of a lawful
foreign intelligence or counterintelligence investigation;
(e) Informati-6n 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 surveil-
lance conducted in compliance with section 2-202 or gathered by
lawful. means in the United States;
(g) Information about a person who has acted or may be
acting on behalf of a foreign power, has engaged or may be
engaging in international terrorist or narcotics activities, or
has endangered the safety of any person protected by the United
States Secret Service or the Department of State, or may be
endangering the safety of any person;
(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 investiga-
tive responsibilities;
(k) Information concerning persons or activities that
pose a credible threat to any facility or employee of any agency
within the Intelligence Community or any department containing
such an agency; or
(1) Information concerning persons or organizations who
are the targets, victims or hostages of international terrorist
organizations.
In addition, those procedures shall permit an agency within the
Intelligence Community to disseminate information, other than
information derived from signals intelligence, to another agency
within the Intelligence Community for_purposes of allowing the
_ ipicer. agency to determine whet-her the information is relevant
to.-its lawful responsibilit:~..es and can be retained by it
2-3. Additional Principles.
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 ' Approved. For RelIeea 200 / / : CI tee,. i--
2-30-1. Tax Yr 20 a4 I/A kpR M30Fk*U 001*0051
ence Community may examine tax returns or tax infarmatan only
g licable law.
as permitted by aPP
2-302. Human Experimentation- don' No agency within the
intelligence Community shall sponsor'acccordancefwitho guidelines
research on human subjects except
issued by the Department of Health and Human. Services. The
subJject's informed consent shall be documented as required by
those guidelines.
2--3013. Contracting. No agency.within the intelligence
Community shall enter into a services the pia .erc?moaniesf or institu-
provision of goods or service onsoship is known
pinsrtip i . no -
tions iP i-i the United States unless the agency s
to `the appropriate officials of the company or
benca academic
the cas,eF of any company or institsponsoother than
institution, intelligence agency
where it is determined, pursuant to procedures approved by the
agency head, that such concealment is necessary 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 respoensible enahost
shall not report to the parent g y The head the the
agency unless so directed by the host agency.
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. Special Activities. No componlnteJo ithe UnComau--
States Government except an agency within
Na such agency except the
nity may conduct any special activity.
States
rinedtibymeaorf war
CIA (or the Armed Forces of the United
declared by Congress or during any period
from the President to the Congress under the liar Powersnlesolu-
tion (87 Stat. 855)) may conduct any special President determines that another agency is more likely to
achieve a particu ar objective.
2 -307. Restrictions on Indirect Participation in
agency of the intelligence Community
_ hall .~itecl ctivi^ti_e~ a No proxy, any activity forbidden
~- s-u-~,:..in~lzrcct-ly- or by
--=
_by.---applicable law.
by this Order or
2--308. Restrictions on Assistance.o.La Enforc emeher
Authorities. Agencies within the Intel li.g. ommunity
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AvcziZcthie
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 1
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than the FBI shall not, except as expressly atthorized by law or
section 2-309:
(a)
Provide services, equipment, personnel or facilities
to the Law Enforcement Assistance Administration (or its succes-
sor 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
Author i.ti.es'. The restrictions in section 2-308 shall not
preclui :
(a) Cooperation with appropriate law e forcement
agencies for the purpose of protecting the i nformatian~
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, or
international terrorist or narcotics activities; or
(c) Provision of specialized equipment, tec'ilnical know-
ledge, or assistance of expert personnel for use by any depart-
ment or agency or, when lives are endangered, to support local
law enforcement agencies. Provision of assistance by expert
personnel shall be approved in each case by the General Counsel
of the providing agency.
2-310. Perm ssible Dissemination and Storage of informa-
tion. Nothing in sections 2-201 through 2-309 of this Order
shall prohibit:
(a) Dissemination to appropriate law enforcement
agencies of information which may indicate involvement in activi-
ties 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 to agencies within the Intelligence Community or entities
of cooperating foreign governments; or
) Lawf..u1 sto age
aclminist_rative _--purposes.-
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OVERSIGHT OF INTELLIGENCE
! ORGANIZATIONS
1 - '
3-1. President's Foreign Intelligence Advisory Board.
3-101. Duties. There is hereby established within the
Executive Office of the President the President's Foreign Intel-
ligence Advisory Board, hereinafter referred to as the "Board."
The Board shall:
(a} advise the President concerning measures to support
and impt-ove the performance of the Intelligence Community;
(b) advise the President concerning the objectives,
conduct, management and coordination of the various activities
comprising the overall national intelligence effort;
(c~) cp nduct a continuing review and assessment of
intelli,.;erlce and related activities in which the Intelligence
Community and other Government departments and agencies are
engaged;
(d) , ceive, consider and take appropriate action with
respect to matters identified to the Board by the Director of
Central Intelligence and the heads of other Government depart-
ments and agencies of the Intelligence Community, in which the
support of the Board will further the effectiveness of the
national intelligence effort; and
(e) report to the President periodically, but at least
semiannually, concerning the Board's findings and appraisals, and
make appropriate recommendations for actions to achieve increased
effectiveness of the Government's intelligence effort in meeting
national intelligence needs.
:t?
3--102. Membership. Members of the Board sha=ll be
appointed by the President from among persons outside the Govern-
ment, qualified on the basis of knowledge and experience in
matters relating to the national defense and security, or
possessing other., knowledge and abilities which may be expected to
contribute to the effective performance of the Board's duties.
One member of the Board shall be designated by the President as
cola --- he. members of the Board shall receive such compen-
sslt_ican :and=a=..ila~a~ ices, coru>or uit with law, a may oe prer crlhed
hereafter: ~..._.._...__~.
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 Duties. Three
A rovec~~g~Ig~~3~C4VV8~CE~r~t as the
he '
d
1
y
designate
3-
members of the Board shall bCommittee (IOC) The 10C shall:
Board's Intelligence Oversight
the practices and procedures of
(a) review ppriodxcally with responsibilities
the Inspectors General an
elligenceaCommunityfordiscovering-
ar agencies within the t ence activities that raise
for
reporting to the IOC inteltig act and consider written
_~.rT r,,}Y questions of legality and prop y r oral reports submitted by them concerning such activities;
and -
al
ui e
g
for adequacy the intern
n (b) review periodically ence Community concerning
wihi itntellege.nce activities;
lines of each agercciyty a
the le Jali_ty or p pri.e
(c) report in a timely manner to the President concern-
al-o ' intelligence activities that any member of the Committee
ing
believesare a violation of the ConPreside~tial Directzveheor are
United States, Executive Order r or
a serious impropriety;
d forward to the Attorney General, in a timely manner,.
{
whichthhiTt7Ca
re ortr received concerning intelb~ennraisedrort47
p a question of legality has
lie < ; c uestions of legality; and
believes eVe es to involve
conduct such reviews of the practices and activities
of agencies within the Intelligence Community as the Committee
out its functions under this order.
deems necessary to carry
3-2. Ins jeetgrs General and General Counsel. Inspectors
for agencies
General and Ge_n p eraVl Counsel -With -responsibility
within the intelligence Community shall:
3--201. Transmit timely reports to the IOC concerning any
intelligence activities that come tootheir attention and that
raise questions of legality c 3-202. Promptly report lZitence0activitiestthat raisern
ing the Board's findings on ante propriety;
questions of legality or 3-203. Provide to the IOC information requested concern-
-
the legality or propriety of intelligence activities within
g
their respective agencies;
CPC, and procedi_.res for discover--
t;'Y. or',..1al, or ac
tZ ~> C ~14141[?~ c r ) Sf~___ _
-ing and- reporting to the 1OC intel.ligenc Ufa and - -- ~__
questions of legality or propriet
23
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3-205. Report to the IOC any occasion on which the
Inspectors General-or General Counsel were directed not to report
any intelligence activity to the 10C 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 IOC;
3.302. Report to the President in a timely fashion any
intelligence activities which the Attorney General determines
violate the Constitution or laws of the United States, Executive
Order, or Presidential Directive;
3-303. Report to the IOC and to the President in a
timely fashion decisions made or actions taken in response to
report>:, from agencies within the Intelligence Community forwarded
to the Attorney General by the IOC; and
3-304. Inform the IOC of legal opinions affecting the
operatiroris of the intelligence Community.
3-4. ?; sponsib.ilities of Heads of Departments and Agencies. in
order t:o f_acilitate performance of the Board's functions, the
Director of Central Intelligence and the heads of all` other
departments and agencies shall make available to the Board all
information with respect to intelligence and related matters
which the Board may require for the purpose of carrying out its
responsibilities to the President in accordance with the terms of
this Order. Such information made available to the Board shall
be given all necessary security protection in accordance with the
terms and provisions of applicable laws and regulations.
3-5. Staff. The Board shall have a staff headed by an execu-
tive secretary, who shall be appointed by the President and shall
receive such compensation and allowances, consonant with law, as
may be prescri.~)ed by the Board. The executive secretary shall be
authorized, subject to the approval of the Board and consonant
with law, to appoint and fix the compensation of such staff
personnel as may be necessary for performance of the Board's
duties. No person who serves on the Board or its staff shall
have any contractual or employment relationship with any agency
within the Intelligence Community.
3-6. Compensation and Allowances. Compensation and allowances
of--the Board, the executive secretary and members of the staff,
together. wi-th--~otthe3 :.-expenses arising- in connection-witn'- the w?r~: ~: T
of the Board, shall be paid from the appropriation appearing
under the heading "Unanticipated Needs" in the Executive Office
Appropriations Act, 1980, Pub. L. 96-74, 93 Stat. 565, and, to
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the extent permitted by law, from any corresponding appropriation
which may be made for subsequent years. Such payments shall be
made without regard to the provisions of ?3681 of the Revised
Statutes and ?9 of the Act of Mardi 4, 1909, 35 Stat. .1027 (31
U.S.C. 672 and 673).
3-7. Congressional Oversight. The duties and responsibilities
of the Director of Central Intelligence and the heads of other.
departments, agencies, and entities engaged in intelligence
activities to cooperate with and assist the Congress in the
conduct of its responsibilities for oversight of intelligence
activities shall be as provided in title 50, United States Code,
?413.
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25
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GENERAL PROVISIONS
4-1. Irn lementata.on
4--101. Except as provided in section 4-105 of this
section, this order shall supersede Executive Order 12036,
"United States Intelligence Activities," dated January 24, 1978,
and sections 1-104 and 1-105 of Executive Order 12139, "Foreign
Intelligence Electronic surveillance," dated May 23, 1979.
4-102. The NSC, the Secretary of Defense, the Attorney
General and the Direct-or of Central Intelligence shall issue such
approor:iate directives and procedures as are necessary to 'impl-
ment 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. The Attorney General shall also develop
procedures for coordination by the Drug Enforcement Administra-
tion (DEA) with the Director of Central Intelligence to ensure I?-
that the criminal narcotics intelligence activities of DEA are
consistent with foreign intelligence programS. Procedure all
also be developed for coordination by DEA of its prod ion and
s t3 aspects
dissemination of intelligence on the foreign and me_~
of narcotics production and trafficking wit er agencies with
responsibilities in these areas. Liaison with intelligence and
internal security services of foreign governments will be
conducted in accordance with procedures established by the
Director of Central intelligence.
4-105. Until the procedures required by this Order have
been established, the activities authorized and regulated herein
shall be conducted in accordance with procedures heretofore
approved or agreed to by the Attorney General pursuant to Execu-
tive Order 12036. Procedures required by this Order shall be
established as expeditiously as possible-
4-106. .In some instances, the documents that implement
of .the ser~vity_-of .the-
----- - -----
this Order =wall be .classified -.because
information and its relation to national security. All instruc-
tions contained in classified documents will be consistent with
this Order.. All procedures promulgated pursuant to this Order
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will be made available to the Congressional intelligence commit-
tees in accordance with applicable law.
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 applicable laws off
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 respon-
sibility of any department or agency.
4-2. Definitions..
or the purposes of this order, the following terms shall
have the=_,e meanings:
4-201. Communications security means protection measures
taken to deny unauthorized persons information derived from tele-
commurii.t:,aLions of the United States Government related to
national security and to ensure the authenticity of such commu-
nicat.i_riri . Such protection results from the application of
security measures (including cryptosecurity, transmission secu-
rity, er{issions security) to electrical systems generating,
handling, processing, or using national security or national--
security related information. It also includes the application
of physical security measures to communications security informa-
tion or materials.
4--202. . Counterintelligence means information gathered
and activities conducted to protect against espionage, other
intelligence activities, sabotage or assassinations conducted for
or on behalf of foreign powers, organizations or persons, or
international terrorist activities, but not including personnel,
physical, document, or communications security programs.
4?-203. Electronic Surveillance means acquisition of a
nonpublic communication by electronic means without the consent
of a person w o' 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 communication,
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.
-l_O5. t omen _ Xntell i