LETTER TO HONORABLE WILLIAM J. CASEY FROM WILLIAM H. WEBSTER RE: NEW EXECUTIVE ORDER ON INTELLIGENCE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00049R001800010007-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 26
• Document Creation Date: December 20, 2016
• Document Release Date: May 15, 2007
• Sequence Number: 7
• Publication Date: July 15, 1981
• Content Type: LETTER

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The Intelligence Community. Section 1"4 is a new .
U.S. Department of Justice
,`a"1~'s Rr
Federal Bureau.of Investigation.
Washington, D.C. 20535
July 15,. .1981
BY LIAISON .
Honorable William J. Casey
Director of Central Intelligence
Central Intelligence Agency
,Washington, D.: C..
distributed to the'membership of the National Foreign Intelligence
Board on July-,T,'. ,1981. After. reviewing the draft order, .1 believe
that its. 'authors have` achieved a positive tone that will be
New Executive Order on Intelligence:
1. have 'received the draft executive order to replace
Executive 'Order 12036, which you sent to. me 'and which was
retention.ofexisting relationships.between the various agencies
is important`.to proper functioning of the intelligence-gathering
interests.: of,....the ; individuals involved. - Further, the draft' s
made more efficient without 'any attendant.detriment to the privacy
are: adopted, I, believe `.that:'our.. exchange of information will be
representatives at various meetings last spring. If the sections
:."of-this draft relating to. dissemination among intelligence 'agencies
many of the provisions were designed by. Intelligence Community
th'appreciation in the Intelligence Community.
.. As:..you know, . the 'Federal Bureau of Investigation (FBI)
did -not participate in the .drafting of this proposal, although
system.
Nevertheless,: there. '..are three specific areas where I
believe .that it is 'important that changes be made:.
agencies. in':the Community. and vests. leadership and coordination
responsibilities in the Director of Central Intelligence-over. the'.
activities of the Intelligence Community. .This includes
responsibility .over.the.foreign counterintelligence and
international terrorism activities of the FBI when they occur in
the United States as well as international narcotics activities.
section that-. describes the.range of functions of the -.various
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Honorable William J. Casey
Director of Central Intelligence
Central Intelligence Agency
and. foreign intelligence. , As. you know,. this distinction has
existed since 'an executive order was issued in 1939 which
commanded the FBI to investigate "counterespionage."
I am concerned that the 'language 'of section 1-4 as
presently drafted will be-viewed as -a new role for the Director
of Central Intelligence 'with respect to policy development and
management for.. these FBI activities-which would severely alter.
the historical separation that exists between internal security
`in.a manner:that-will result in a more positive. authority and
now permits. this, reexamination of. the :intelligence executive order
elements of.Government.~ Such public:and congressional acceptance
There. is no doubt that this historic division of authority
is in recognition of the.. -different concerns - which arise 'from
intelligence 'activities within the. United States and those 'abroad.
FBI; investigation of the.activities of foreign powers and their
agents in. .the United States focus largely on. U. S.' citizens; this
is,-less frequently the case in intelligence activities conducted
abroad..
As I recently told the Attorney General, it is my belief
that. the continuation of.this traditional recognition of the .
greater sensitivity., of intelligence investigations within the,.
United States has. reestablished the credibility of the agencies
in the Intelligence*Community.and has proven them to be responsible:
improve intelligence, performance.''.
Attorney. General responsibility for counterintelligence in. the'
It would, in my .judgment,- be unwise to . risk the erosion
of public confidence by the presence*of language.-suggestinga
departure from the traditional National Security. Council -
United States.
To. remedy this potential problem,.1 suggest in the
alternative either dropping the section in its. entirety or if
the'section is useful, the introductory language of that section
should be modified to indicate that the Attorney General retains
his traditional leadership and coordination responsibility.'
2 '-
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Honorable :William J.- Casey.
Dru Enforceent Administration Activities. .There.:
are :various 'references. to:international narcotics matters and to
the Drug Enforcement Administration (DEA) contained in Sections 1"4 Cd)
1-5 (e): and (f) , and, 1-7 (g) , which I believe would be, more properly
addressed in a separate executive-order once the current reorganize-
tion.of DEA'is concluded. In'so recommending,.I recognize that there
obviously is a role for the 'Intelligence Community in the collection
of'strategic narcotics -intelligence,. and our Government's activities
against international narcotics traffic are not without foreign
policy and foreign intelligence ramifications. In view of the :
current examination of DEA,.I would suggest. that the references to
DEA.and international narcotics matters be-removed from the draft
in favor of ,a subsequent order that could address the international
narcotics and intelligence relationship.
Intelligence Oversight Board. Once again I must expres
my..concern about the proposal to limit reporting of illeg
those. cases where there is a serious question of legality. That
would impose.:a difficult and I believe 'unnecessar.r--burden on the
Inspectors General and others whose:duty it-is'-to monitor and
report-on, intelligence activities.- The requirement-to distinguish-
between ' serious and nonserious crime; w tho.ut .further guidance will
the7.,1ntelligence .Oversight , Eoa`rd (IOB) . Further, ..this could foster
the erronedus impressiorythat the'Intelligence Community is carrying
Central Inte:llige c Agency
I be3rve this is too high a price to. pay for this
unneces:sary,,s'tandard-, and I strongly. suggest. that all questions of
legality~be .-reporte:d to the 'IOB .
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Honorable :William J. Casey.
Director of Central Intelligence'
Central Intelligence 'Agency
and it is in this. spirit. that my comments are made.' *
In conclusion, I want to assure. *you .that my comments.
should not . be. construed in. any way that would suggest that-the
FBI regards itself as other than a full member of our country's
intelligence 1; effort.. I believe that we are 'all seeking to design
an executive order. that will permit necessary intelligence.
activities yet will? be free from public doubt and uncertainty,
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UNITED STATES
INTELLIGENCE ACTIVITIES
Timely and accurate information about the activities,
capabilities, plans, and intentions of foreign powers, organiza-
tions, and persons, and their agents, is essential to the
national security of the United States. In order to obtain such
information, the intelligence capabilities of the United States
must be strengthened through the removal of unwarranted
restraints on the conduct of necessary intelligence activities.
All reasonable and lawful means must be used to ensure that the
United States will receive the best intelligence available. The
honorable men and women of the Intelligence Community who serve
the United States must understand that their efforts are vital to
the national security and have the full support of the President,
the Congress, and the public. 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 constitu-
tional rights, it is hereby ordered as follows:
GOALS, DIRECTION, DUTIES AND
RESPONSIBILITIES WITH
RESPECT TO THE NATIONAL
INTELLIGENCE EFFORT
1-1. Goals. The 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 Intelli-
gence Community.
(b) All means, consistent with applicable United States
law and this order, and with full consideration of the rights of
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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 United States persons, the
United States Government, or United States corporations and
establishments.
(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 necessary to carry out its functions and responsibili-
ties under this Order.
1-3. National Foreign Intelligence Advisory Groups.
(a) Establishment and Duties. 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:
(1) Production, review, and coordination of
national foreign intelligence;
(2) Priorities for the National Foreign Intelli-
gence Program budget;
(3) Interagency exchanges of foreign intelligence
information;
(4) Arrangements with foreign governments on
intelligence matters;
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(5) Protection of intelligence sources and methods;
(6) Activities of common concern;
(7) Such other matters as may be referred by the
Director of Central Intelligence.
(b) Membership. Advisory groups established pursuant to
this section shall be chaired by the Director of Central Intelli-
gence 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 Intelli-
gence. Groups for consideration of substantive intelligence
matters will include representatives of organizations involved in
the collection, processing, and analysis of intelligence. 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 Community shall, under the leadership and coordina-
tion of the Director of Central Intelligence and in accordance
with applicable United States law and the 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, organiza-
tions, 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
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(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 Intel-
ligence 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 Community;
(d) Ensure implementation of special activities;
(e) Formulate policies concerning foreign intelligence
and counterintelligence arrangements with foreign governments,
coordinate foreign intelligence and counterintelligence relation-
ships between agencies of the Intelligence Community and the
intelligence or internal security services of foreign govern-
ments, and establish procedures governing the conduct of liaison
by the Drug Enforcement Administration (DEA) with such services;
(f) Participate in the development of procedures approved
by the Attorney General governing the criminal narcotics
activities of DEA to ensure that these activities are consistent
with foreign intelligence programs;
(g) Ensure the establishment by the Intelligence Commu-
nity 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;
(j) Establish appropriate staffs, committees, or other
advisory groups to assist in the execution of the Director's
responsibilities;
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(k) Have full responsibility for collection, production
and dissemination of national foreign intelligence, and authority
to levy analytic tasks on departmental intelligence production
organizations, in consultation with those organizations, ensuring
that appropriate mechanisms for competitive analysis are devel-
oped 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 imme-
diately to appropriate components and commands;
(m) Establish mechanisms which translate national foreign
intelligence objectives and priorities approved by the NSC into
specific guidance for the Intelligence Community, resolve
conflicts in tasking priority, and provide to departments and
agencies having information collection capabilities that are not
part of the National Foreign Intelligence Program advisory
tasking concerning collection of national foreign intelligence;
(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 imple-
mentation, and, as necessary, conduct program and performance
audits and evaluations; and
(q) Together with the Secretary of Defense, ensure that
there is no unnecessary overlap between national foreign intelli-
gence 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.
1-6. Duties and Responsibilities of the Heads of Executive
Branch Departments 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 States,
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and shall give due consideration to 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 devel-
opment 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.
(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 departments and agencies with organizations in the Intelli-
gence Community or the heads of such organizations, as
appropriate, shall:
(a) Report to the Attorney General possible violations 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 intelli-
gence sources and methods, as specified in those procedures;
(b) 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;
(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 activities of their organizations
which raise questions of legality or propriety;
(e) Protect intelligence and intelligence sources and
methods from unauthorized disclosure consistent with guidance
from the Director of Central Intelligence;
(f) Disseminate intelligence to cooperating foreign
governments under arrangements established or agreed to by the
Director of Central Intelligence;
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(g) Participate in the development of procedures govern-
ing DEA production and dissemination of intelligence on the
foreign and domestic intelligence aspects of narcotics production
and trafficking if their departments, agencies, or organizations
have responsibilities in these areas;
(h) Instruct their employees to cooperate fully with the
Intelligence Oversight Board; and
(i) Ensure that the Inspectors General and General
Counsels for their organizations have access to any information
necessary to perform their duties assigned by this Order.
1-8. The Central Intelligence Agency. All duties and responsi-
bilities 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 intelli-
gence and counterintelligence, including information not
otherwise obtainable. The collection of foreign intelligence
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 narcotics production and trafficking;
(c) Conduct counterintelligence activities outside the
United States and, without assuming or performing any internal
security functions, conduct counterintelligence activities within
the United States in coordination with the FBI as required by
procedures agreed upon by the Director of Central Intelligence
and the Attorney General;
(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,
consistent with applicable law. 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;
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(f) Conduct services of common concern for the Intel-
ligence 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, activi-
ties, information, property, and employees by appropriate means,
including such investigations-of applicants, 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) 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 foreign intelligence relating to
United States foreign poicy as required for the execution of the
Secretary's responsibilities, and produce and disseminate such
intelligence;
(b) Disseminate, as appropriate, reports received from
United States diplomatic and consular posts abroad;
(c) Transmit reporting requirements of the Intelligence
Community to the Chiefs of United States Missions abroad; and
(d) 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:
mation;
(a) Overtly collect foreign financial and monetary infor-
(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 responsibilities; and
(d) Conduct, through the United States Secret Service,
activities to determine the existence and capability of
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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.
1-11. 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 Secretary's responsibilities;
(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 i.IA, 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 directed 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
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selected cooperative foreign defense establishments and inter-
national organizations, and ensure that such relationships and
programs are in accordance with policies formulated by the
Director of Central intelligence; and
(j) 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 (i)
above.
1-12. Intelligence Components Utilized by the Secretary of
Defense. In carrying out the responsibilities assigned in
section 1-11, the Secretary of Defense is authorized to utilize
the following:
(a) Defense Intelligence Agency, whose responsibilites
shall include:
(1) 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;
(2) Collection and provision of military intelli-
gence for national foreign intelligence and counterintelligence
products;
(3) Coordination of all Department of Defense
intelligence collection requirements;
(4) Management of the Defense Attache system; and
(5) Provision of foreign intelligence and counter-
intelligence 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 Intelligence
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, including 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 intelligence 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 Intelligence;
(5) Dissemination of signals intelligence infor-
mation for national foreign intelligence purposes to authorized
elements of the Government, including the military services, in
accordance with guidance from the Director of Central Intelli-
gence;
(6) Collection, processing, and dissemination of
signals intelligence information for counterintelligence
purposes;
(7) Provision of signals intelligence support for
the conduct of military operations in accordance with tasking,
priorities, and standards. of timeliness assigned by the Secretary
of Defense. If provision of such support requires use of
national collection systems, these systems will be tasked within
existing guidance from the Director of Central Intelligence;
(8) Executing the responsibilites of the Secretary
of Defense as executive agent for the communications security of
the United States Government;
(9) Conduct of research and development to meet
needs of the United States for signals intelligence and commu-
nications security;
(10) Protection of the security of its installa-
tions, activities, property, information, and employees by
appropriate means, including such investigations of applicants,
employees, contractors, and other persons with similar associa-
tions with the NSA as are necessary;
(11) Prescribing, within its field of authorized
operations, 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
(12) Conduct of foreign cryptologic liaison
relationships, with liaison for intelligence purposes conducted
in accordance with policies formulated by the Director of Central
Intelligence.
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(c) Offices for the collection of specialized intelli-
gence through reconnaissance programs, whose responsibilities
shall include:
(1) Carrying out consolidated reconnaissance
programs for specialized intelligence;
(2) Responding to tasking for national, depart-
mental and tactical purposes in accordance with procedures
established by the Director of Central Intelligence; and
(3) Delegating authority to the various departments
and agencies for research, development, procurement, and opera-
tion of designated means of collection.
(d) The foreign intelligence and counterintelligence
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 counter-
intelligence, 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 in accordance with guidance from the Director of
Central Intelligence. Collection of national foreign intelli-
gence, 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;
(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, development, and test and evaluation
activities.
(e) 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
sections 2-1 through 2-11 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(' dissemi to foreign intelligence
necessary for the Secretary's r'esp'onsibilities;
(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 agencies within the Intelligence Community.
1-14. The Federal Bureau of Investigation. Under the super-
vision of the Attorney General and pursuant to such regulations
as the Attorney General may establish, the Director of the FBI
(a) Within the United states conduct counterintelligence
and coordinate counterintelligence activities of other agencies
within the Intelligence Community. When a counterintelligence
activity of the FBI involves military or civilian personnel of
the Department of Defense, the FBI shall coordinate with the
Department of Defense;
(b) Conduct counterintelligence activities outside the
United States in coordination with the CIA, subject to the
approval of the Director of Central Intelligence;
(c) 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;
(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.
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CONDUCT OF
INTELLIGENCE ACTIVITIES
2-1. Need. 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 an
aggressive, 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 collection techniques, especially those undertaken
abroad, and to acquire significant foreign intelligence, as well
as to detect and counter international terrorist activities and
espionage conducted by foreign powers. The Order also sends a
clear signal to the Intelligence Community and to the Nation that
the Administration supports an aggressive and effective intelli-
gence effort. Set forth below are certain general principles
that, in addition to applicable laws, are intended to achieve the
proper balance between the acquisition of essential information
and protection of individual interests.
2-3. Collection of Tnformation. Agencies within the Intelli-
gence Community are authorized to collect, retain, or disseminate
information concerning a United States person only with his
consent or in accordance with procedures established by the head
of the agency concerned and approved by the Attorney General upon
a finding that they are lawful under the Constitution and
statutes of the United States. Those procedures shall permit
collection, retention, and dissemination of the following types
of information:
(a) Information constituting foreign intelligence or
counterintelligence, including information concerning corpora-
tions or other commercial organizations;
(b) Information obtained in the course of lawful foreign
intelligence, counterintelligence, international narcotics or
international terrorism investigation;
(c) Information relevant to the safety of any persons or
organizations, including those who are targets, victims, or
hostages of international terrorist organizations;
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(d) Information needed to protect foreign intelligence or
counterintelligence sources or methods from unauthorized
disclosure;
(e) Information concerning persons who are reasonably
believed to be potential sources or contacts for the purpose of
determining their suitability or credibility;
(f) Information arising out of a lawful personnel,
physical or communications security investigation;
(g) Information acquired by overhead reconnaissance not
directed at specific United States persons;
(h) Incidentally obtained information that may indicate
involvement in activities that may violate federal, state, local
or foreign laws; and
(i) Information necessary for administrative purposes.
In addition, agencies within the Intelligence Community may
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.
2-4. Collection Techniques. Agencies within the Intelligence
Community shall use the least intrusive collection techniques
feasible within the United States or directed against United
States persons abroad. Agencies are not authorized to use such
techniques as electronic surveillance, unconsented physical
searches, mail surveillance, physical surveillance, or monitoring
devices unless they are in accordance with procedures established
by the head of the agency concerned and approved by the Attorney
General. Such procedures shall protect constitutional and other
legal rights and limit use of such information to lawful govern-
mental purposes. These procedures shall not authorize:
(a) The CIA to engage in electronic surveillance within
the United States except for the purpose of training, testing, or
conducting countermeasures to hostile electronic surveillance;
(b) Unconsented physical searches in the United States by
agencies other than the FBI except for searches by CIA of
personal property of non-United States persons lawfully in its
possession and searches by counterintelligence elements of the
military services for intelligence purposes within the United
States or directed against United States military personnel
abroad when authorized by a miltary commander empowered to
approve physical searches for law enforcement purposes;
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(c) Physical surveillance of a United States person in
the United States by agencies within the Intelligence Community
other than the FBI except for physical surveillance of a present
employee or contractor of an intelligence agency or employee of
such contractor, or a military person employed by a
nonintelligence element of a military service.
2-5. Attorney General Approval. 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 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 circum-
stances the activity is lawful under the Constitution and
statutes of the United States.
2-6. Assistance to Law Enforcement Authorities. Agencies
within the Intelligence Community are authorized to:
(a) Cooperate with appropriate law enforcement agencies
for the purpose of protecting the employees, information,
property, and facilities of any agency within the Intelligence
Community;
(b) Unless otherwise precluded by law or this order,
participate in law enforcement activities to investigate or
prevent clandestine intelligence activities by foreign powers, or
international terrorist or narcotics activities; or
(c) Provide specialized equipment, technical knowledge,
or assistance of expert personnel for use by any department or
agency, or, when lives are endangered, to support local law
enforcement agencies. Provision of assistance by expert
personnel shall be approved in each case by the General Counsel
of the providing agency.
2-7. Contracting. Agencies within the Intelligence Community
are authorized to enter into contracts or arrangements for the
provision of goods or services with private companies or institu-
tions in the United States and need not reveal the sponsorship of
such contracts or arrangements for authorized intelligence
purposes. Contracts or arrangements with academic institutions
may be undertaken only with the consent of appropriate officials
of the institution.
2-8. Consistency with Other Laws. Nothing in this order shall
be construed to authorize any activity in violation of the
Constitution or statutes of the United States.
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2-9. Undisclosed Participation in Domestic Organizations. No
one acting on behalf of agencies within the Intelligence Commu-
nity may join or otherwise participate in any organization in the
United States on behalf of any agency within the Intelligence
Community without disclosing their intelligence affiliation to
appropriate officials of the organization, except in accordance
with procedures established by the head of the agency concerned
and approved by the Attorney General upon a finding that they are
lawful under the Constitution and statutes of the United
States. Such participation shall be authorized only if it is
essential to achieving lawful purposes as determined by the
agency head or designee. 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.
2-10. 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 subject's informed
consent shall be documented as required by those guidelines.
2-11. 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.
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SECTION 3
OVERSIGHT OF INTELLIGENCE ACTIVITIES
3-1. Intelligence Oversight Board.
(a) Establishment and Purpose. There is hereby estab-
lished an Intelligence Oversight Board, which shall function
within the White House to advise the President as to the legality
and propriety of activities of the Intelligence Community.
(b) Membership. The Board shall be composed of three
persons. One member, drawn from among the membership of the
President's Foreign Intelligence Advisory Board, shall be desig-
nated by the President as Chairman.
(c) Duties. The Intelligence Oversight Board shall:
(1) inform the President of intelligence activities
that any member of the Board believes are in violation of the
Constitution or laws of the United States, Executive order, or
Presidential directive, or raise serious questions of propriety;
(2) Forward to the Attorney General reports
received concerning intelligence activities that the Board
believes to involve serious questions of legality;
(3) Review the internal guidelines of each agency
within the Intelligence Community concerning the legality or
propriety of intelligence activities;
(4) Review the practices and procedures of the
Inspectors General and General Counsels of the Intelligence
Community for discovering and reporting intelligence activities
that raise serious questions of legality and propriety.
(d) Responsibilities of Heads of Departments and
Agencies. The heads of departments and agencies of the Intelli-
gence Community shall provide the Board with information
necessary to carry out its responsibilities.
3-2. Inspectors'General and General Counsels. Inspectors
General and General Counsels of the Intelligence Community shall
report to the Board concerning intelligence activities that raise
serious questions of legality or propriety.
3-3. Attorney General. The Attorney General shall report to
the President any intelligence activities that violate the
Constitution or laws of the United States, Executive order, or
Presidential directive.
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3-4. 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 the Congress in the conduct of its
responsibilities for oversight of intelligence activities shall
be as provided in title 50, United States Code, section 413.
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SECTION 4
GENERAL PROVISIONS
4-1. This order supersedes Executive Order 12036, "United
States Intelligence Activities," dated January 24, 1978.
4-2. The NSC, the Secretary of Defense, the Attorney General,
and the Director of Central Intelligence shall issue such appro-
priate directives and procedures as are necessary to implement
this Order. Heads of agencies within the Intelligence Community
shall issue appropriate supplementary directives and procedures
consistent with this order. The Attorney General shall provide a
statement of reasons for not approving any procedures established
by the head of an agency in the Intelligence Community other than
the FBI. The National Security Council may establish procedures
in instances where the agency head and the Attorney General are
unable to reach agreement on other than constitutional or other
legal grounds.
4-3. Until the procedures required by this Order have been
established, the activities authorized and regulated herein shall
be conducted in accordance with existing procedures established
by heads of agencies within the Intelligence Community.
Procedures required by this Order shall be established as expedi-
tiously as possible.
4-4. Definitions. For the purposes of this Order, the
following terms shall have these meanings:
(a) Counterintelligence means information gathered and
activities conducted to protect against espionage, other intelli-
gence activities, sabotage, or assassinations conducted for or on.
behalf of foreign powers, organizations or persons, or inter-
national terrorist activities, but not including personnel,
physical, document, or communications security programs.
(b) 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.
(c) Foreign intelligence means information relating to
the capabilities, intentions and activities of foreign powers,
organizations or persons, but not including counterintelligence
except for information on international terrorist activities.
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(d) Intelligence activities means all activities that
agencies within the Intelligence Community are authorized to
conduct pursuant to this Order.
(e) Intelligence Community and agencies within the
Intelligence Community refer to the following agencies or
organizations:
(1) The Central Intelligence Agency (CIA);
(2) The National Security Agency (NSA);
(3) The Defense Intelligence Agency (DIA);
(4) The offices within the Department of Defense
for the collection of specialized national foreign intelligence
through reconnaissance programs;
(5) The Bureau of Intelligence and Research of the
Department of State;
(6) 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
(7) The staff elements of the Director of Central
Intelligence.
(f) The National Foreign Intelligence Program includes
the programs listed below, but its composition shall be subject
to review by the National Security Council and modification by
the President:
(1) The programs of the CIA;
(2) The Consolidated Cryptologic Program, the
General Defense Intelligence Program, and the programs of the
offices within the Department of Defense for the collection of
specialized national foreign intelligence through reconnaissance,
except such elements as the Director of Central Intelligence and
the Secretary of Defense agree should be excluded;
(3) Other programs of agencies within the Intelli-
gence Community designated jointly by the Director of Central
Intelligence and the head of the department or by the President
as national foreign intelligence or counterintelligence
activities;
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(4) Activities of the staff elements of the
Director of Central Intelligence;
(5) 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.
(g) 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.
(h) United States person means:
(1) For purposes of collection of information by
any technique 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 admitted for permanent residence, an unincorporated
association organized in the United States or substantially
composed of United States citizens or aliens lawfully admitted
for permanent residence, or a corporation incorporated in the
United States, except a corporation openly acknowledged by a
foreign government or governments to be directed and controlled
by such foreign go;ersm-zent or governments; or
(2) For all other purposes, a United States
citizen, an alien physically present in the United States who is
known by the intelligence agency concerned to be a permanent
resident alien, an unincorporated association substantially
composed of United States citizens, or a corporation incorporated
in the United States, unless such corporation is controlled by
one or more foreign powers, persons, or organizations.