BRIEFING PAPER - CIA CONTRACTING SAFEGUARDS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00049R000802160001-9
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 45
• Document Creation Date: December 20, 2016
• Document Release Date: August 25, 2006
• Sequence Number: 1
• Content Type: MEMO

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3pP84B00049R000802160001-9
I hAL
:MEMORANDUM FOR:
Director of Central Intelligence
Deputy Director of Central Intelligence
Stanley Sporkin,
General Counsel,
Briefing Paper = CIA Contracting Safeguards
-1. The Agency faces several unique problems in its procurement
activities, problems that arise from the exigencies of national
security and 'the need to protect intelligence sources and methods.
Two. of, the more critical areas of CIA procurement involve:
(a) monitoring contractor activities to ensure
,compliance with Agency security regulations and federal
law; and
(b) preventing situations where contractors might
be misled into assuming there is CIA involvement in
a procurement activity when such is not the case.
2. The attached briefing paper summarizes those contracting
procedures currently in effect, the authorities upon which they
are based, and the concerns to which they are directed.
Stanley Sporkin
Attachment:
Briefing Paper
E_-
. i2 BttaCh.ief ($
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THE PRESIDENT
UNITED STATES
INTELLIGENCE ACTIVITIES
Executive Order 12333
December 4, 1981
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Federal Register
Vol. 46, No. 235
Tuesday, December 8, 1981
Presidential Documents
The President United States Intelligence Activities
JER
Pagel
Preamble ................................................................................................................................................... [59941j
Part 1. Goals, Direction, Duties. and Responsibilities With Respect to the
National Intelligence Effort
1.1
Goals .............................................................................................................................................
1599421
1.2
The National Security Council ................................................................................................
1599421
1.3
National Foreign Intelligence Advisory Groups .................................... _............................
[599421
1.4
The Intelligence Community ......_ ........................_....................... ...........................................
(599431
1.5
Director of Central Intelligence ........................_...................................................................
[59943j
1.6
Duties and Responsibilities of the Heads of Executive Branch Departments and
Agencies ........................................................... _...........................................:......................
1599441
1.7
Senior Officials of the Intelligence Community ..................................................................
[599451
1.8
The Central Intelligence Agency .................. .......... _.............................................................
1599451
1.9
The Department of State ............. _._................. .__.................................................................
[599461
1.10
The Department of the Treasury .................... __ ................................................. .,..............
[599461
1.11
The Department of Defense ................................. _..................................................................
[599461
1.12
Intelligence Components Utilized by the Secretary of Defense ......................................
[599471
1.13
The Department of Energy ............. ................... ...._.................................................................
[599491
1.14
The Federal Bureau of Investigation .................. .................................... ............................ >..
Part Z. Conduct of Intelligence Activities
[599491
2.1
Need ......................................................._._......_........_.................................................................
1599491
2.2
Purpose .................................. ...?.......... _............... ................................................................. .....
[59949]
2.3
Collection of Information .................................._......................................................................
[599501
2.4
Collection Techniques ....................................... _.... _................................................................
[69950}
2.5
-Attorney General Approval ............................ __,........................ ............................................
1699511
2.6
Assistance to Law Enforcement Authorities ...___ ..............................................................
[599511
2.7
Contracting ............................................................. ._..................................................................
[599511
2.8
Consistency With Other Laws ........................... ....................................................................
1599521
2.9
Undisclosed Participation in Organizations Within the United States .........................
(599521
2.10
Human Experimentation ..... ................ .................. _............................................... .................
[599521
2.11
Prohibition on Assassination._ ........................ _._.... _.............................................................
[59952[
2.12
Indirect Participation .......... ......... ....................... _._.................................................................
Part 3. General Provisions
[599521
3.1
Congressional Oversight ...........................................................................................................
[699521
3.2
Implementation .................................................... __..................................................................
[599521
3.3
Procedures ................................................................_..................................................................
[599521
3.4
Definitions .................................................................................................................................._
[59953;
3.5
Purpose and Effect ................................................ ................................................ .....................
[59954[
3.6
Revocation ........................................ _.........................................................................................
[599541
Timely and accurate information about the activities, capabilities, plans, and
intentions of foreign powers, organizations. and persons, and their agents, is
essential to the national security of the United States. All reasonable and
lawful means must be used to ensure that the United States will receive the
best intelligence available. For that purpose, by virtue of the authority vested
in me by the Constitution and statutes of the United States of America,
including the National Security Act of 1947, as amended, and as President of
the United States of America, in order to provide for the effective conduct of
United States intelligence activities and the protection of constitutional rights,
it is hereby ordered as follows:
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59942 Federal Register / Vol. 46, No. 235 / Tuesday, December 8, 1981 / Presidential Documents
Part 1
Goals, Direction, Duties and Responsibilities With Respect to the National
Intelligence Effort
1.1 Goals. T1ie United States intelligence effort shall provide the President
and the National Security Council with the necessary information on which to
base decisions concerning the conduct and development of foreign, defense
and economic policy, and the protection of United States national interests
from foreign security threats. All departments and agencies shall cooperate
fully to fulfill this goal.
(a) Maximum emphasis should be given to fostering analytical competition
among appropriate elements of the Intelligence Community.
(b) All means, consistent with applicable United States law and this Order,
and with full consideration of the rights of United States persons, shall be
used to develop intelligence information for the President and the National
Security Council. A balanced approach between technical collection efforts
and other means should be maintained and encouraged.
(c) Special emphasis should be given to detecting and countering espionage
and other threats and activities directed by foreign intelligence services
against the United States Government, or United States corporations, estab-
lishments, or persons.
(d) To the greatest extent possible consistent with applicable United States
law and this Order, and with full consideration of the rights of United States
persons, all agencies and departments .should seek to ensure full and free
exchange of information in order to derive maximum benefit from the United
States intelligence effort.
1.2 The National Security Council.
(a) Purpose. The National Security Council (NSC) was established by the
National Security Act of 1947 to advise the President with respect to the
integration of domestic, foreign and military policies relating to the national
security. The NSC shall. act as the highest Executive Branch-entity that
provides review of, guidance for and direction to the conduct of all national
foreign intelligence, counterintelligence, and special activities, and attendant
policies and programs.
(b) Committees. The NSC shall establish such committees as may be neces-
sary to carry out its. functions and responsibilities under this Order. The NSC,
or a committee established by it, shall consider and submit to the President a
policy recommendation, including all dissents, on each special activity and
'shall review proposals for other sensitive intelligence operations.
1.3 National Foreign Intelligence Advisory Groups.
(a) Establishment and Duties. The Director of Central Intelligence shall estab-
lish such boards, councils, or groups as required for the purpose of obtaining
advice from within the Intelligence Community concerning:
(1) Production, review and coordination of national foreign intelligence;
(2) Priorities for the National Foreign Intelligence Program budget;
(3) Interagency exchanges of foreign intelligence information;
(4) Arrangements with foreign governments on intelligence matters;
(5) Protection of intelligence sources and methods;
(6) Activities of common concern;. and
(7) Such other matters as may be referred by the Director of.Central Intelli-
gence.
(b) Membership. Advisory groups established pursuant to this section shall be
chaired by the Director of Central Intelligence or his designated representative
and shall consist of senior representatives from organizations within the
Intelligence Community. and from departments or agencies containing such
organizations, as designated by the Director of Central Intelligence.. Groups for
consideration of substantive intelligence matters will include representatives
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of organizations involved in the collection, processing and analysis of intelli-
gence. A senior representative of the Secretary of Commerce, the Attorney
General, the Assistant to the President for National Security Affairs, and the
Office of the Secretary of Defense shall be invited to participate in any group
which deals with other than substantive intelligence matters.
1.4 The Intelligence Community. The agencies within the Intelligence Com-
munity shall, in accordance with applicable United States law and with the
other provisions of this Order, conduct intelligence activities necessary for the
conduct of foreign relations and the protection of the national security of the
United States, including:
(a) Collection of information needed by the President, the National Security
Council, the Secretaries of State and Defense, and other Executive Branch
officials for the performance of their duties and responsibilities;
(b) Production and dissemination of intelligence;
(c) Collection of information concerning, and the conduct of activities to
protect against, intelligence activities directed against the United States,
international terrorist and international narcotics activities, and other hostile
activities directed against the United States by foreign powers, organizations,
persons, and their agents;
(d) Special activities;
(e) Administrative and support activities within the United States and abroad
necessary for the performance of authorized activities; and
(f) Such other intelligence activities as the President may direct from time to
time.
1.5 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 President and the NSC and shall:
(a) Act as the primary adviser to the President and the NSC on national
foreign intelligence and provide the President and other officials in the
Executive Branch with national foreign intelligence;
(b) Develop such objectives and guidance for the Intelligence Community as
will enhance capabilities for responding to expected future needs for national
foreign intelligence;
(c) Promote the development and maintenance of services of common concern
by designated intelligence organizations on behalf of the Intelligence Cornmu-
nity;
(d) Ensure implementation of special activities;
(e) Formulate policies concerning foreign intelligence and counterintelligence
arrangements with foreign governments, coordinate foreign intelligence and
counterintelligence relationships between agencies of the Intelligence Commu-
nity and the intelligence or internal security services of foreign governments,
and establish procedures governing the conduct of liaison by any department
or agency with such services on narcotics activities;
(fj Participate in the development of procedures approved by the Attorney
General governing criminal narcotics intelligence activities abroad to ensure
that these activities are consistent with foreign intelligence programs;
(g) Ensure the establishment by the Intelligence Community of common
security and access standards for managing and handling foreign intelligence
systems, information, and products;
(h) Ensure that programs are developed which protect intelligence sources,
methods, and analytical procedures;
(i) 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;
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(j) Establish appropriate staffs, committees, or other advisory groups to assist
in the execution of the Director's responsibilities;
(k) Have full responsibility for production and dissemination of national
foreign intelligence, and authority to levy analytic task's on departmental
intelligence production organizations, in consultation with those organiza-
tions, ensuring that appropriate mechanisms for competitive analysis are
developed so that diverse points of view are considered fully and differences
of judgment within the Intelligence Community are brought to the attention of
national policymakers;
(1) Ensure the timely exploitation and dissemination of data gathered by
national foreign intelligence collection means, and ensure that the resulting
intelligence is disseminated immediately to appropriate government entities
and military commands;
,(m) Establish mechanisms which translate national foreign intelligence objec-
'tives and priorities approved by the NSC into specific guidance for the
Intelligence Community, resolve conflicts in tasking priority, provide to de-
partments and agencies having information collection capabilities that are not
part of the National Foreign Intelligence Program advisory tasking concerning
collection of national foreign intelligence, and provide for the development, of
plans and arrangements for transfer of required collection tasking authority to
the Secretary of Defense when directed by the President;
(n) Develop, 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 and the Congress;
(o) Review and approve all requests for reprogramming National Foreign
Intelligence Program funds, in accordance with guidelines established by the
Office of Management and Budget;
(p) Monitor National Foreign Intelligence Program implementation, and, as
necessary, conduct program and performance audits and evaluations;
(q) Together with the Secretary of Defense, ensure that there is no unneces-
sary overlap between national foreign intelligence programs and Department
of Defense intelligence programs consistent with the requirement to develop
competitive analysis, and provide to and obtain from the Secretary of Defense
all information. necessary for this purpose;
(r) In accordance with law and relevant procedures approved by the Attorney
General under 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; and
{s) Facilitate the use of national foreign intelligence products by Congress in a
secure manner.
1.6 Duties and Responsibilities of the Heads of Executive Branch Depart-
ments and Agencies.
(a) 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 Stated,
and shall give due consideration to the requests from the Director of Central
Intelligence for appropriate support for Intelligence Community activities.
(b) The heads of departments and agencies involved in the National Foreign
Intelligence Program shall ensure timely development and submission to the
Director of Central Intelligence by the program managers and heads of
component activities of proposed national programs and budgets in the format
designated by the Director of Central Intelligence, 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 responsibilities.
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(c) 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 Intelligence Program.
1.7 Senior Officials of the Intelligence Community. The heads of depart-
ments and agencies with organizations in the Intelligence Community or the
heads of such organizations, as appropriate, shall:
(a) Report to the Attorney General possible violations of federal criminal laws
by employees and of specified federal criminal laws by any other person as
provided in procedures agreed upon by the Attorney General and the head of
the department or agency concerned, in a manner consistent with the protec-
tion of intelligence sources and methods, as specified in those procedures;
(b) In any case involving. serious or continuing breaches of security, recom-
mend to the Attorney General that the case be referred to the FBI for further
investigation;
(c) Furnish the -Director of Central Intelligence and the NSC, in accordance
with applicable law and procedures approved by the Attorney General under
this Order, the information required for the performance of their respective
duties;
(d) Report to the Intelligence Oversight Board,, and keep the Director of
Central Intelligence appropriately informed, concerning any intelligence activ-
ities of their organizations that they have reason to believe may be unlawful
or contrary to Executive order or Presidential directive;
(e) Protect intelligence and intelligence sources and methods from unauthor-
ized disclosure consistent with guidance from the Director of Central Intelli-
gence;
(f) Disseminate intelligence to cooperating foreign governments under arrange-.
ments established or agreed to by the Director of Central Intelligence;
(g) Participate in the development of procedures approved by the Attorney
General governing production and dissemination of intelligence resulting from
criminal narcotics intelligence activities abroad if their departments, agencies,
or organizations have intelligence responsibilities for foreign or domestic
narcotics production and trafficking;
(h) Instruct their employees to cooperate fully with the Intelligence Oversight
Board; and
(i) Ensure that the Inspectors General and General Counsels for their organiza-
tions have access to any information necessary to perform their duties
assigned by this Order.
1.8 The Central Intelligence Agency. All duties and responsibilities of the
CIA shall be related to the intelligence functions set-out below: As authorized
by this Order; the National Security Act of 1947, as amended; the CIA Act of
1949, as amended; appropriate directives or other applicable law, the CIA
shall:
(a) Collect, produce and disseminate foreign intelligence and counterintelli-
gence, including information not otherwise obtainable. The collection of for-
eign intelligence or counterintelligence 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;
(b) Collect, produce and disseminate intelligence on foreign aspects of narcot-
ics production and trafficking;
(c) Conduct counterintelligence activities outside the United States and, with-
out assuming or performing any internal security functions, conduct counterin-
telligence activities within the United States in coordination with the FBI as
required by procedures agreed upon the Director of Central Intelligence and
the Attorney General;
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(d) Coordinate counterintelligence activities and the collection of information
not otherwise obtainable when conducted outside the United States by other
departments and agencies;
(e) Conduct special activities approved by the President. No 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 Resolution (87 Stat. 855)) may conduct any
special activity unless the President determines that another agency is more
likely to achieve a particular objective;
(f) Conduct' services of common concern for the Intelligence Community as
directed by the NSC;
(g) Carry out or contract for research, development and procurement of
technical systems and devices relating to authorized functions;
(h) Protect the security of its installations, activities, information, property,
and employees by appropriate means, including such investigations of appli-
cants, employees, contractors, and other persons with similar associations
with the CIA as are necessary; and
(i) Conduct such administrative and technical support activities within and
outside the United States as are necessary to perform the functions described
in sections (a) and through (h) above, including procurement and essential
cover and proprietary arrangements.
1.9 The Department of State. The Secretary of State shall:
(a) Overtly collect information relevant to United States foreign policy con-
cerns;
(b) Produce and disseminate foreign intelligence relating to United States
foreign policy as required for the execution of the Secretary's responsibilities;
(c) Disseminate, as appropriate, reports received from United States diplomat-
ic and consular posts;
(d) .Transmit reporting requirements of the Intelligence Community to the
Chiefs of United States Missions abroad; and
(e) Support Chiefs of Missions in discharging their statutory responsibilities
for direction and coordination of mission activities.
1.10 The Department of the Treasury. The Secretary of the Treasury shall:
(a) Overtly collect foreign financial and monetary information;
(b) Participate with the.Department of State in the overt collection of general
foreign economic information;
(c) Produce and disseminate foreign intelligence relating to United States
economic policy as required for the execution of the Secretary's responsibil-
ities; and
(d) Conduct, through the United States Secret Service, activities to determine
the existence and capability of surveillance equipment being used against tha
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 ac-
quired intentionally through such activities except to protect against such
surveillance, and those activities shall be conducted pursuant to procedures
agreed upon by the Secretary of the Treasury and the Attorney General.
1.11 The Department of Defense.. The Secretary of Defense shall:
(a) Collect national foreign intelligence and be responsive to collection tasking
by the Director of Central Intelligence;
(b) Collect, produce and disseminate military and military-related foreign
intelligence and counterintelligence- as required for execution of the Secre-
tary's responsibilities;
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(c) Conduct programs and missions necessary to fulfill national, departmental-
and tactical foreign intelligence requirements;
(d) 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; -
(e) Conduct, as the executive agent of the United States Government, signals
intelligence- and communications- security activities, except as otherwise di-
rected by the NSC;
(f) Provide for the timely transmission of critical intelligence, as defined by the
Director of Central Intelligence, within the United States Government;
(g) Carry out or. contract for research, development and procurement of
technical systems and devices relating to authorized. intelligence functions;
(h) 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 associations with the Department of Defense as are necessary;
(i) Establish and maintain military intelligence relationships and military
intelligence exchange programs with selected' cooperative foreign defense
establishments and international organizations, and ensure that such relation-
ships and programs are in accordance with policies formulated by the Director
of Central Intelligence; -
(j) Direct, operate, control and provide fiscal management for the National
Security Agency and for defense and military intelligence and national recon-
naissance entities; and -
(k) Conduct such administrative and technical support activities within and
outside the United States as are necessary to perform the functions described
in sections (a) through (j) above.
1.12 Intelligence Components Utilized by the Secretary of Defense. In carry-
ing out the responsibilities assigned in section 1.11, the Secretary of Defense is
authorized to utilize the following:
(a) Defense Intelligence Agency, whose responsibilities shall include;
(1) Collection, production, or, through tasking and coordination, provision of
military and military-related intelligence for the Secretary of Defense, the Joint
Chiefs of Staff, other Defense components, and, as appropriate, non-Defense
agencies; -
(2) Collection and provision of military intelligence for national foreign intelli-
gence and counterintelligence products;
(3) Coordination of all Department of Defense ,intelligence collection require-
ments;
(4) Management of the Defense Attache system; and
(5) Provision of foreign intelligence and counterintelligence staff support as
directed by the joint Chiefs of Staff.
(b) National Security Agency, whose responsibilities shall include:
(1) 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 Intelli-
gence Community. No other department or agency may engage in signals
intelligence activities except pursuant to a delegation by the Secretary of
Defense;
(2) Control of signals intelligence collection and processing activities, includ-
ing assignment of resources to an appropriate agent for such periods and tasks
as required for the direct support of military commanders; -
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(3) Collection of signals intelligence information for national foreign intelli-
gence purposes in accordance with guidance from the Director of Central
Intelligence;
(4) Processing of signals intelligence data for national foreign intelligence
purposes in accordance with guidance from the Director of Central Intelli-
gence; _
(5) Dissemination of signals intelligence information for national foreign intel-
ligence, purposes to authorized elements of the Government, including the
military services, in accordance with guidance from the Director of Central
Intelligence;
(6) Collection, processing and dissemination of signals intelligence information
for counterintelligence purposes;
(7) Provision of signals intelligence support for the conduct of military oper-
ations in accordance . with tasking, priorities. and standards of timeliness
assigned by the Secretary of Defense. If provision of such support requires use
of national collection systems, these systems will be tasked within existing
guidance from the Director of Central Intelligence;
(8) Executing the responsibilities of the Secretary of Defense as executive
agent for the communications security of the United States Government;.
(9) Conduct of resear'ch' and development to meet the needs of the United
States for signals intelligence and communications security;
(10) Protection of the security of its installations, activities, property, informa-
tion, and employees by appropriate means, including such investigations of
applicants, employees, contractors, and other persons with similar associ-
ations with the NSA as are necessary;
(11) Prescribing, within its field of authorized operations, security regulations
covering operating practices, including the transmission, handling and distri-
bution 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;
(12) Conduct of foreign cryptologic liaison relationships, with liaison for
intelligence purposes conducted in accordance with policies formulated by the
Director of Central Intelligence; and
(13) Conduct of such administrative and technical support activities within
and outside the United States as are necessary to perform the functions
described in sections (1) through (12) above, including procurement.
(c) Offices for the collection of specialized intelligence through reconnais-
sanceprograrns, whose responsibilities shall include:
(1) Carrying out consolidated reconnaissance programs for specialized intelli-
gence;
(2) Responding to tasking in accordance with procedures established by the
Director of Central Int iliigence; and
(3) Del.,'. sating authority t~, the va, ious. departments and agencies for research,
development, procurement, and operation of designated means of collection.
(d) The foreign intelligence, and co nnte:li teUigence elements of the Army,
Navy; Air Force, and Marine Corps, whose responsibilities shall include:
(1) Collection, production and dissemination of military and military-related
foreign intelligence and counterintelligence, and information on the foreign
aspects of narcotics production and trafficking. When collection is conducted
in response to national foreign intelligence requirements, it will be conducted
C, 0
in accordance with guidance
from the Director of Central Intelligence. Collec-
tion 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;
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(2) Conduct. of counterintelligence activities outside the United States in
coordination with the CIA, and within the United States in coordination with
the FBI; and
(3) Monitoring of the development, procurement and management of tactical
intelligence systems and equipment and conducting related research, develop-
ment, and test and evaluation activities.
(e) Other offices within the Department of Defense appropriate for conduct of
the intelligence missions and responsibilities assigned to the Secretary of
Defense. If such other offices are used for intelligence purposes, the provisions
of Part 2 of this Order shall apply to those offices when used for those
purposes.
1.13 The Department of Energy. The Secretary of Energy shall:
(a) Participate with the Department of State in overtly collecting information
with respect to foreign energy matters;
(b) Produce and disseminate foreign intelligence necessary for the Secretary's
responsibilities;
(c) Participate in formulating intelligence collection and analysis requirements
where the special expert capability of the Department can contribute; and
.(d) Provide expert technical, analytical and research capability to other agen-
cies within the Intelligence Community.
1.14 The Federal Bureau of Investigation. Under the supervision of the
Attorney. General and pursuant to such regulations as the Attorney General
may establish, the Director of the FBI shall:
(a) Within the United States conduct counterintelligence and coordinate coun-
terintelligence activities of other agencies within the Intelligence Community.
When a counterintelligence activity of the FBI involves military or civilian
personnel of the Department of Defense, the FBI shall coordinate with the
Department of Defense;
(b) Conduct counterintelligence.activities outside the United States in coordi-
nation with the CIA as required by procedures agreed upon by the Director of
Central Intelligence and the Attorney General;
(c) Conduct within the United States, when requested by officials of the
Intelligence Community designated by the President, activities undertaken to
collect foreign intelligence or support foreign intelligence collection require-
ments of other agencies within the Intelligence Community, or, when request-
ed by the Director of the National Security Agency, to support the communica-
tions security activities of the United States Government;
(d) Produce and disseminate foreign intelligence and counterintelligence; and
(e) Carry out or contract for research, development and procurement of
technical systems and devices relating to the functions authorized above.
Part 2
Conduct of Intelligence Activities
2.1 Need Accurate and timely 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. Collection of such information is a priority objective and will
be pursued in a vigorous, innovative and responsible manner that is consistent
with the Constitution and applicable law and respectful of the principles upon
which the United States was founded.
2.2 Purpose. This Order is intended to enhance human and technical collec-
tion techniques, especially those undertaken abroad, and the acquisition of
significant foreign intelligence, as well as the detection and countering of
international terrorist activities and espionage conducted by foreign powers.
Set forth below are certain general principles that, in addition to and consist-
ent with applicable laws, are intended to achieve the proper balance between
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Federal Register / Vol. 46, No. 235 / Tuesday, December 8, 1981 / Presidential Documents
the acquisition of essential information and protection of individual interests.
Nothing in this Order shall be construed to apply to or interfere with any
authorized civil or criminal law enforcement responsibility of any department
or agency.
2.3 Collection of Information. Agencies within the Intelligence Community
are authorized to collect, retain or disseminate information concerning United
States persons only in accordance with procedures established by the head of
the agency concerned and approved by the Attorney General, consistent with
the authorities provided by Part 1 of this Order. Those procedures shall permit
collection, retention and dissemination of the following types of information:
(a) Information that is publicly available or collected with the consent of the
person concerned;
(b) Information constituting foreign intelligence or counterintelligence, includ-
ing such information concerning corporations or other commercial organiza-
tions. Collection within the United States of foreign intelligence not otherwise
obtainable shall be undertaken by the FBI or, when significant foreign intelli-
gence is sought, by other authorized agencies of the Intelligence Community,
provided that no foreign intelligence collection by such agencies may be
undertaken for the purpose of acquiring information concerning the domestic
activities of United States persons;
(c) Information obtained in the course of a lawful foreign intelligence, counter-
intelligence, international narcotics or international terrorism investigation;
(d) Information needed to protect the safety of any persons or organizations,
including those who are targets, victims or hostages of international terrorist
organizations;
(e) Information needed to protect foreign intelligence or counterintelligence
sources or methods from unauthorized disclosure. Collection within the United
States shall be undertaken by the FBI except that other agencies of the
Intelligence Community may also collect such information concerning present
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