SECTION 1 DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT TO THE NATIONAL INTELLIGENCE EFFORT*

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000200030118-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 29
• Document Creation Date: December 16, 2016
• Document Release Date: August 2, 2005
• Sequence Number: 118
• Publication Date: February 28, 1978
• Content Type: REGULATION

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SECTION 1
DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT
TO THE NATIONAL INTELLIGENCE EFFORT*
1-1. National Security Council.
1-101. Purpose. The National Security Council (NSC) was estab-
lished by the National Security Act of 1947 to advise the President with
respect to the integration of domestic, foreign, and military policies
relating to the national security. The NSC shall act as the highest
Executive Branch entity that provides review of, guidance for, and
direction to the conduct of all national foreign intelligence and
counterintelligence activities.
1-102. Committees. The NSC Policy Review Committee and Special
Coordination Counnittee, in accordance with procedures established by
the Assistant to the President for National Security Affairs, shall assist in
carrying out the NSC's responsibilities in the foreign intelligence field.
1-2. NSC Policy Ileview Committee.
Membersh'ip.. The NSC Policy Review Committee (PRC),
when carrying out responsibilities assigned in . this Order, shall be
chaired by the Director of Central Intelligence and composed of the
Vice President, the Secretary of State, the Secretary of the Treasury, the
Secretary of Defense, the Assistant to the President for National
Security Affairs, and the Chairman of the Joint Chiefs of Staff, or their
designees, and other senior officials, as appropriate.
1-202. Duties. The PRC shall:
(a) Establish requirements and priorities for national foreign
intelligence;
(b) Review the National Foreign Intelligence Program and budget
proposals and report to the President as to whether the resources
allocations for intelligence capabilities are responsive to the intelligence
requirements of the members of the NSC.
Certain Lei:finical terms are defined in Section 4-2.
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(c) Conduct periodic reviews of national foreign intelligence prod-
ucts, evaluate the quality of the intelligence product, develop policy
guidance to ensure quality intelligence and to meet changing intelli-
gence requirements; and
(d) Submit an annual report on its activities to the NSC.
1-203. Appeals. Recommendations of the PRC on intelligence mat-
ters may be appealed to the President or the NSC by any member of the
PRC.
1-3. NSC Special Coordination Committee.
1-301. Membership. The NSC Special Coordination Committee
(SCC) is chaired by the Assistant to the President for National Security
Affairs and its membership includes the statutory members of the NSC
and other senior officials, as appropriate.
1-302. Special Activities. The SCC shall consider and submit to the
President a policy recommendation, including all dissents, on each
special activity. When meeting for this purpose, the members of the
SCC shall include the Secretary of State, the Secretary of Defense, the
Attorney General, the Director of the Office of Management and
Budget, the Assistant to the President for National Security Affairs, the
Chairman of the joint Chiefs of Staff, and the Director of Central
Intelligence.
1-303. Sensitive Foreign intelligence Collection Operations. Under
standards established by the President, proposals for sensitive foreign
intelligence collection operations shall be reported to the Chairman by
the Director of Central Intelligence for appropriate review and ap-
proval. When meeting for the purpose of reviewing proposals for
sensitive foreign intelligence collection operations, the members of the
SCC sii ;nclude the Secretary of State, the Secretary of Defense, the
Attorney ral, the Assistant to the President for National Security
Affairs, the Director of Central Intelligence, and such other members
designated by the Chairman to ensure proper consideration of these
1-304. Counterintelligence. The SCC shall develop policy with
respect to the conduct of counterintelligence activities. When meeting
for this purpose the members of the SCC shall include the Secretary of
State, the Secretary of Defense, the Attorney General, the Director of
the Office of Management and Budget, the Assistant to the President
for National Security Affairs, the Chairman of the Joint Chiefs of Staff,
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the Director of Central Intelligence, and the Director of the FBI. The
SCC's counterintelligence functions shall include:
(a) Developing standards and doctrine for the counterintelligence
activities of the United States;
(b) Resolving interagency differences concerning implementation of
counterintelligence policy;
(c) Developing and monitoring guidelines consistent with this Order
for the maintenance of central records of counterintelligence policy;
(d) Submitting to the President an overall annual assessment of the
relative threat to United States interests from intelligence and security
services of foreign powers and from international terrorist activities,
including an assessment of the effectiveness of the United States
counterintelligence activities; and
(e) Approving counterintelligence activities which, under such stan-
dards as may be established by the President, require SCC approval.
1-305. Required Membership. The SCC shall discharge the responsi-
bilities assigned by sections 1-302 through 1-304 only after consider-
ation in a meeting at which all designated members are present or, in
unusual circumstances when any such member is unavailable, when a
designated representative of the member attends.
1-306 Additional Duties. The SCC shall also:
(a) Conduct an annual review of ongoing special activities and
sensitive national foreign intelligence collection operations and report
thereon to the NSC; and
(b) Carry out such other coordination and review activities as the
President may direct.
1-307. Appeals. Any member of the SCC may appeal any decision to
the President or the NSC.
1-4. National Foreign Intelligence Board.
1.-401. Establishment and Duties. There is established a National
Foreign Intelligence Board (NF1B) to advise the Director of Central
Intelligence concerning:
(a) Production, review, and coordination of national foreign
intelligence;
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(b) The National Foreign Intelligence Program budget;
(c) Interagency exchanges of foreign intelligence information;
(d) Arrangements with foreign governments on intelligence matters;
(e) The protection of intelligence sources and methods;
(f) Activities of common concern; and
(g) Other matters referred to it by the Director of Central
Intelligence.
1-402. Membership. The NFIB shall be chaired by the Director of
Central Intelligence and shall include other appropriate officers of the
CIA, the Office of the Director of Central Intelligence, the Department
of State, the Department of Defense, the Department of Justice, the
Department of the Treasury, the Department of Energy, the Defense
Intelligence Agency, the offices within the Department of Defense for
reconnaissance programs, the National Security Agency and the FBI. A
representative of the Assistant to the President for National Security
Affairs may attend meetings of the NFIB as an observer.
1-403. Restricted Membership and Observers. When the NFIB
meets for the purpose of section 1-402(a), it shall be composed solely of
the senior intelligence officers of the designated agencies. The senior
intelligence officers of the Army, Navy and Air Force may attend all
meetings of the NFIB as observers.
1-5. National Intelligence Tasking Center.
1-501. Establishment. There is established a National Intelligence
Tasking Center (NITC) under the direction, control and management
of the Director of Central Intelligence for coordinating and tasking
national foreign intelligence collection activities. The NITC shall be
staffed jointly by civilian and military personnel including designated
representatives of the chiefs of each of the Department of Defense
intelligence organizations engaged in national foreign intelligence
activities. Other agencies within the Intelligence Community may also
designate representatives.
1-502. Responsibilities. The NITC shall be the central mechanism by
which the Director of Central Intelligence:
(a) Translates national foreign intelligence requirements and priori-
ties developed by the PRC into specific collection objectives and targets
for the Intelligence Community;
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(b) Assigns targets and objectives to national foreign intelligence
collection organizations and systems;
(c) Ensures the timely dissemination and exploitation of data for
national foreign intelligence purposes gathered by national foreign
intelligence collection means, and ensures the resulting intelligence flow
is routed immediately to relevant components and commands;
(d) Provides advisory tasking concerning collection of national for-
eign intelligence to departments and agencies having information
collection capabilities or intelligence assets that are not a part of the
National Foreign Intelligence Program. Particular emphasis shall be
placed on increasing the contribution of departments or agencies to the
collection of information through overt means.
1-503. Resolution of Conflicts. The NITC shall have the authority to
resolve conflicts of priority. Any PRC member may appeal such a
resolution to the PRC; pending the PRC's decision, the tasking remains
in effect.
1-504. Transfer of Authority. All responsibilities and authorities of
the Director of Central Intelligence concerning the NITC shall be
transferred to the Secretary of Defense upon the express direction of the
President. To maintain readiness for such transfer, the Secretary of
Defense shall, with advance agreement of the Director of Central
Intelligence, assume ternoorarily during regular practice exercises all
responsibilities and authorities of the Director of Central Intelligence
concerning the NETC.
1-6. The Director of Central Intelligence.
1-601. Duties. The Director of Central Intelligence shall be responsi-
ble directly to the NSC and, in addition to the duties specified
elsewhere in this Order, shall:
(a) Act as the primary adviser to the President and the NSC on
national foreign intelligence and provide the President and other
officials in the Executive Branch with national foreign intelligence;
(b) Be the head of the CIA and of such staff elements as may be
required for discharge of the Director's Intelligence Community
responsibilities;
(c) Act, in appropriate consultation with the departments and agen-
cies, as the Intelligence Community's principal spokesperson to the
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Congress, the news media and the public, and facilitate the use of
national foreign intelligence products by the Congress in a secure
manner;
(d) Develop, consistent with the requirements and priorities estab-
lished by the PRC, such objectives and guidance for the Intelligence
Community as will enhance capabilities for responding to expected
future needs for national foreign intelligence;
(e) Promote the development and maintenance of services of com-
mon concern by designated foreign intelligence organizations on behalf
of the Intelligence Community;
(f) Ensure implementation of special activities;
(g) Formulate policies concerning intelligence arrangements with
foreign governments, and coordinate intelligence relationships between
agencies of the Intelligence Community and the intelligence or internal
security services of foreign governments;'
(h) Conduct a program to protect against overclassification of foreign
intelligence informa non;
(i) Ensure the establishment by the Intelligence Community of
common security and access standards for managing and handling
foreign intelligence systems, information and products;
(j) Participate in the development of procedures required to be
approved by the Attorney General governing the conduct of intelli-
gence activities;
(k) Establish uniform criteria for the determination of relative
priorities for the transmission of critical national foreign intelligence,
and advise the Secretary of Defense concerning the communications
requirements of the Intelligence Community for the transmission of
such intelligence;
(1) Provide appropriate intelligence to departments and agencies not
within the Intelligence Community; and
n) Establish appropriate committees or other advisory groups to
assiA in the execution of the foregoing responsibilities.
1 -02. National Foreign Intelligence Program Budget. The Director
of Central Intelligence shall, to the extent consistent with applicable
law, have full and exclusive authority for approval of the National
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Foreign Intelligence Program budget submitted to the President.
Pursuant to this authority:
(a) The Director of Central Intelligence shall provide guidance for
program and budget development to program managers and heads of
component activities and to department and agency heads;
(b) The heads of departments and agencies involved in the National
Foreign Intelligence Program shall ensure timely development and
submission to the Director of Central Intelligence of proposed national
programs and budgets in the format designated by the Director of
Central Intelligence, by the program managers and heads of component
activities, and shall also ensure that the Director of Central Intelligence
is provided, in a timely and responsive manner, all information
necessary to perform the Director's program and budget responsibil-
ities;
(e) The Director of Central Intelligence shall review and evaluate the
national program and budget submissions and, with the advice of the
NFIB and the departments and agencies concerned, develop the
consolidated National Foreign Intelligence Program budget and present
it to the President through the Office of Management and Budget;
(d) The Director of Central Intelligence shall present and justify the
National Foreign Intelligence Program budget to the Congress;
(e) The heads of the departments and agencies shall, in consultation
with the Director of Central Intelligence, establish rates of obligation
for appropriated funds;
(f) The Director of Central Intelligence shall have full and exclusive
authority for reprogramming National Foreign Intelligence Program
funds, in accord with guidelines established by the Office of Manage-
ment and Budget, but shall do so only after consultation with the head
of the department affected and appropriate consultation with the
Congress;
(g) The departments and agencies may appeal to the President
decisions by the Director of Central Intelligence on budget or repro-
gramming matters of the National Foreign Intelligence Program.
(b) The Director of Central Intelligence shall monitor National
Foreign Intelligence Program implementation and may conduct pro-
gram and performance audits and evaluations.
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1-603. Responsibility for National Foreign Intelligence. The Direc-
tor of Central Intelligence shall have full responsibility for production
and dissemination of national foreign intelligence and have authority to
levy analytic tasks on departmental intelligence production organiza-
tions, in consultation with those organizations. In doing so, the Director
of Central Intelligence shall ensure that diverse points of view are
considered fully and that differences of judgment within the Intelli-
gence Community are brought to the attention of national
policymakers.
1-604. Protection of Sources, Methods and Procedures. The Direc-
tor of Central Intelligence shall ensure that programs are developed
which protect intelligence sources, methods and analytical procedures,
provided that this responsibility shall be limited within the United
States to:
(a) Using lawful means to protect against disclosure by present or
former employees of the CIA or the Office of the Director of Central
Intelligence, or by persons or organizations presently or formerly under
contract with such entities; and
(b) Providing policy, guidance and technical assistance to depart-
ments and agencies regarding protection of intelligence information,
including information that may reveal intelligence sources and
methods.
1-605. Responsibility of Executive Branch Agencies. The heads of
all Executive Branch departments and agencies shall, in accordance
with law and relevant Attorney General procedures, give the Director
of Central Intelligence access to all information relevant to the national
intelligence needs of the United States and shall give due consideration
to requests from the Director of Central Intelligence for appropriate
support for CIA activities.
1-606. Access to CIA Intelligence. The Director of Central Intelli-
gence, shall, in accordance with law and relevant Attorney General
ptoeedures, give the heads of the departments and agencies access to all
intelligence, developed by the CIA or the staff elements of the office of
the Director of Central Intelligence, relevant to the national intelligence
needs of the departments and agencies.
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1-7. Senior Officials pf the Intelligence Community.
The senior officials of each of the agencies within the Intelligence
Community shall:
1-701. Ensure that all activities of their agencies are carried out in
accordance with applicable law;
1-702. Make use of the capabilities of other agencies within the
Intelligence Community in order to achieve efficiency and mutual
assistance;
1-703. Contribute in their areas of responsibility to the national
foreign intelligence products;
1-704. Establish internal policies and guidelines governing employee
conduct and ensure that such are made known to each employee;
1-705. Provide for strong, independent, internal means to identify,
inspect, and report on unlawful or improper activity;
1-706. Report to the Attorney General evidence of possible violations
of federal criminal law by an employee of their department or agency,
and report to the Attorney General evidence of possible violations by
any other person of those federal criminal laws specified in guidelines
adopted by the Attorney General;
1-707. In any case involving serious or continuing breaches of
security, recommend to the Attorney General that the case be referred
to the FBI for further investigation;
1-708. Furnish the Director of Central Intelligence, the PEG and the
SCC, in accordance with applicable law and Attorney General proce-
dures, the information required for the performance of their respective
duties;
1-709. 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;
1-710. Protect intelligence and intelligence sources and methods
consistent with guidance from the Director of Central Intelligence and
the NSC;
1-711. Disseminate intelligence to cooperating foreign governments
under arrangements established or agreed to by the Director of Central
Intelligence;
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17712. Execute programs to protect against overclassification of
foreign intelligence;
1-713. Instruct their employees to cooperate fully with the Intelli-
gence Oversight Board; and
1-714. Ensure that the Inspector General and General Counsel of
their agencies have access to any information necessary to perform their
duties assigned by this Order.
1-8, The Central Intelligence Agency.
All duties and responsibilities of the CIA shall be related to the
intelligence functions set out below. As authorized by the National
Security Act of 1947, as amended, the CIA Act of 1949, as amended,
and other laws, regulations and directives, the CIA, under the direction
of the NSC, shall:
1-801. Collect foreign intelligence, including information not other-
wise 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;
- 1-802. Produce arid disseminate foreign intelligence relating to the
national security, including foreign political, economic, scientific, tech-
nical, military, geographic and sociological intelligence to meet the
neeAL of We President, the NSC, and other elements of the United
States Government;
1-803. Collect, produce and disseminate intelligence on foreign
aspects of narcotics production and trafficking;
- 1-804. Conduct counterintelligence activities ouSde the United
',..jto.tes and coordinate counterintelligence activities conducted outside
the United States by other agencies within the Intelligence Community;
1-805. ?Vithout assuming or performing any internal security func-
tions, conduct counterintelligence activities within the United States,
but only in coordination with the FBI and subject to the approval of the
Attorney General;
1-806. Produce
reports;
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and disseminate counterintelligence studies and
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1-807. Coordinate the collection outside the United States of intelli-
gence information not otherwise obtainable;
1-808. Conduct special activities approved by the President and
carry out such activities consistent with applicable law;
1-809. Conduct services of common concern for the Intelligence
Community as directed by the NSC;
. 1-810. Carry out or contract for research, development and procure-
ment of technical systems and devices relating to authorized functions;
1-811. Protect the security of its installations, activities, information
and personnel by appropriate means, including such investigations of
applicants, employees, contractors, and other persons ?with similar
associations with the CIA as are necessary;
1-812. Conduct such administrative and technical support activities
within and outside the United States as are necessary to perform the
functions described in sections 1-801 through 1-811 above, including
procurement and essential cover and proprietary arrangements.
1-813. Provide legal and legislative services and other administrative
support to the Office of the Director of Central Intelligence.
1-9, The Department of State.
The Secretary of State shall:
1-901. Overtly collect foreign political, sociological, economic, scien-
tific, technical, political-military and associated biographic information;
1-902. Produce and disseminate foreign intelligence relating to
United States foreign policy as required for the execution of the
Secretary's responsibilities;
1-903. Disseminate, as appropriate, reports received from United
States diplomatic and consular posts abroad;
1-904. Coordinate with the Director of Central Intelligence to ensure
that national foreign intelligence activities are useful to and consistent
with United States foreign policy;
1-905. Transmit reporting requirements of the Intelligence Commu-
nity to the Chiefs of United States Missions abroad; and
1-906. Support Chiefs of Mission in discharging their statutory
responsibilities for direction and coordination of mission activities.
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1-10. The Department of the Treasury.
The Secretary of the Treasury shall:
11.001. Overtly collect foreign financial and monetary information;
1-1002. Participate with the Department of State in the overt
collection of general foreign economic information;
1-1003. Produce and disseminate foreign intelligence relating to
United States economic policy as required for the execution of the
Secretary's responsibilities; and
1-1004. Conduct, through the United States Secret Service, activities
to determine the existence and capability of surveillance equipment
being used against the President of the United States, the Executive
Office of the President, and, as authorized by the Secretary of the
Treasury or the President, other Secret Service protectees and United
States officials. No information shall be acquired intentionally through
such activities except to protect against such surveillance, and those
activities shall be conducted pursuant to procedures agreed upon by the
Secretary of the Treasury and the Attorney General.
1-11. The Department of Defense.
The Secretary of Defense shall:
1-1101. Collect national foreign intelligence and be responsive to
collection tasking by the NITC.
1-1102. Collect, produce and disseminate foreign military and mili-
tary-related intelligence information, including scientific, technical,
political, geographic and economic information as required for execu-
tion of the Secretary's responsibilities;
1-1103. Conduct programs and missions necessary to fulfill national
and tactical foreign intelligence requirements;
1-1104. Conduct counterintelligence activities in support of Depart-
ment 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
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(e) Dissemination of signals intelligence information for national
foreign intelligence purposes to authorized elements of the Govern-
ment, including the military services, in accordance with guidance from
the NITC;
(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 will be
tasked within existing guidance from the Director of Central
Intelligence;
(h) Executing the responsibilities of the Secretary of Defense as
executive agent for the communications security of the United States
Government;
(i) Conduct of research and development to meet needs of the
United States for signals intelligence and communications security;
(j) Protection of the security of its installations, activities, information
and personnel by appropriate means including such investigations of
applicants, employees, contractors and other persons with similar
associations with the NSA as are necessary; and
(k) Prescribing, within its field of authorized operations, security
regulations covering operating practices, including the transmission,
handling and 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.
1-1203. Offices for the collection of specialized intelligence
through reconnaissance programs, whose responsibilities shall include:
(a) Carrying out consolidated reconnaissance programs for special-
ized intelligence;
(b) Responding to tasking through the NITC; and
(c) Delegating authority to the various departments and agencies for
research, devf.-40prnent, procurement, and operation of designated
means of collection.
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1-1204. The foreign intelligence and counterintelligence elements
of the military services, whose responsibilities shall include:
(a) Collection, production and dissemination of military and mili-
tary-related foreign intelligence, including information on indications
and warnings, foreign capabilities, plan and weapons systems, scientific
and technical developments and narcotics production and trafficking.
When collection is conducted in response to national foreign intelli-
gence requirements, it will be tasked by the NITC. Collection of
national foreign intelligence, not otherwise obtainable, outside the
United States shall be coordinated with the CIA, and such collection
within the United States shall be coordinated with the FBI;
(b) Conduct of counterintelligence activities outside the United
States in coordination with the CIA, and within the United States in
coordination with the FBI, and production and dissemination of
counterintelligence studies or reports; and
(c) Monitoring of the development, procurement and management
of tactical intelligence systems and equipment and conducting related
research, development, and test and evaluation activities.
1-1205. Other offices within the Department of Defense appro-
priate for conduct of the intelligence missions and responsibilities
assigned to the Secretary of Defense. If such other offices are used for
intelligence purposes, the provisions of Sections 2-101 through 2-309 of
this Order shall apply to those offices when used for those purposes.
1-13. The Department of Energy.
The Secretary of Energy shall:
1-1301. Participate with the Department of State in overtly collect-
ing political, economic and technical information with respect to
foreign energy matters;
1-1302. Produce and disseminate foreign intelligence necessary for
the Secretary's responsibilities;
1-1303. Participate in formulating intelligence collection and anal-
ysis requirements where the special expert capability of the Depart-
ment can contribute; and
1-1304. Provide expert technical, analytical and research capability
to other agencies within the Intelligence Community.
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1-14. The Federal Bureau of Investigation.
Under the supervision of the Attorney General and pursuant to sLch
regulations as the Attorney General may establish, the Director of the
FBI shall:
1-1401. Within the United States conduct counterintelligence and
socaditiate counterintelli el....r...t.c_s_..9...9.,ti_v_II.iss.2L.21.12,m_a_m_lcjes within the
Intelligenee....Conanana4. When a counterintelligence activity of the
PBI involves military or civilian personnel of the Department of
Defense, the FBI shall coordinate with the Department of Defense;
1-1402. Conduct counterintelligence activities outside the United
States in coordination with the CIA, subject to the approval of the
Director of Central Intelligence;
1-1403. Conduct within the United States, when requested by offi-
cials of the Intelligence Community designated by the President, lawful
activities undertaken to collect foreign intelligence or support foreign
intelligence collection requirements of other agencies within the Intelli-
gence Community;
1-1404. Produce and disseminate foreign intelligence, counterintelli-
gence and counterintelligence studies and reports; and
1-1405. Carry out or contract for research, development and pro-
curement of technical systems and devices relating to the functions
authorized above.
1-15. The Drug Enforcement Administration.
Under the supervision of the Attorney General and pursuant to such
regulations as the Attorney General may establish, the Administrator of
DEA shall:
1-1501. Collect, produce and disseminate intelligence on the foreign
and domestic aspects of narcotics production and trafficking in coordi-
nation with other agencies with responsibilities in these areas;
1-1502. Participate with the Department of State in the overt
collection of general foreign political, economic and agricultural infor-
mation relating to narcotics production and trafficking; and
.1-1.503. Coordinate with the Director of Central Intelligence to
ensure that the foreign narcotics intelligence activities of DEA are
consistent: with other foreign intelligence programs.
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SECTION 2
RESTRICTIONS ON INTELLIGENCE ACTIVITIES
2-1. Adherence to Law.
2-101. Purpose. Information about the capabilities, intentions and
activities of foreign powers, organizations, or persons and their agents is
essential to informed decisionmaking in the areas of national defense
and foreign relations. The measures employed to acquire such informa-
tion should be responsive to legitimate governmental needs and must be
conducted in a manner that preserves and respects established concepts
of privacy and civil liberties.
2-102. Principles of Interpretation. Sections 2-201 through 2-309 set
forth limitations which, in addition to other applicable laws, are
intended to achieve the proper balance between protection of individ-
ual rights and acquisition of essential information. Those sections do not
authorize any activity not authorized by sections 1-101 through 1-1503
and do not provide any exemption from any other law.
2-2. Restrictions on Certain Collection Techniques.
2-201. General Provisions.
(a) The activities decribed in Sections 2-202 through 2-208 shall be
undertaken only as permitted by this Order and by procedures
established by the head of the agency concerned and approved by the
Attorney General. Those procedures shall protect constitutional rights
and privacy, ensure that information is gathered by the least intrusive
means possible, and limit use of such information to lawful govern-
mental purposes.
(14 Activities described in sections 2-202 through 2-205 for which a
warrant would be required if undertaken for law enforcement rather
than intelligence purposes shall not be undertaken against a United
States person without a judicial warrant, unless the President has
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authorized the type of activity involved and the Attorney General has
both approved the particular activity and determined that there is
probable cause to believe that the United States person is an agent of a
foreign power.
2-202. Electronic Surveillance. The CIA may not engage in any
electronic surveillance within the United States. No agency within the
Intelligence 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 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
by such agencies of such equipment, and the use of measures to
determine the existence and capability of electronic surveillance equip-
ment being used unlawfully shall not be prohibited and shall also be
governed .by such procedures. Such activities shall be limited in scope
and duration to those necessary to carry out the training, testing or
countermeasures purpose. No information derived from communica-
tions intercepted in the course of such training, testing or use of
countermeasures may be retained or used for any other purpose.
2-203. Television Cameras and Other Monitoring. No agency with-
in the Intelligence Community shall use any electronic or mechanical
device surreptitiously and continuously to monitor any person within
the United States, or any United States person abroad, except as
permitted by the procedures established pursuant to Section 2-201.
2-204. Physical Searches. No agency within the Intelligence Com-
munity except the FBI may conduct anyAconsented physical searches
within the United States. All such searches conducted by the FBI, as
well as all such searches conducted by any agency within the Intelli-
gence Community outside the United States and directed against
United States persons, shall be undertaken only as permitted by
procedures established pursuant to Section 2-201.
2-205. Mail Surveillance. No agency within the Intelligence Com-
munity shall open mail or examine envelopes in United States postal
channels, except in accordance with applicable statutes and regulations.
No agency within the Intelligence Community shall open mail of a
United States person abroad except as permitted by procedures estab-
lished to Section 2201.-
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2-206. Physical Surveillance. The FBI may conduct physical surveil-
lance directed against United States persons or others only in the course
of a lawful investigation. Other agencies within the Intelligence
Community may not undertake any physical surveillance directed
against a United States person unless:
(a) The surveillance is conducted outside the United States and the
person being surveilled is reasonably believed to be acting on behalf of a
foreign power, engaging in international terrorist activities, or engaging
in narcotics production or trafficking;
(b) The surveillance is conducted solely for the purpose of identify-
ing a person who is in contact with someone who is the subject of a
foreign intelligence or counterintelligence investigation; or
(c) That person is being surveilled for the purpose of protecting
foreign intelligence and counterintelligence sources and methods from
unauthorized disclosure or is the subject of a lawful counterintelligence,
personnel, physical or communications security investigation.
(d) No surveillance under paragraph (c) of this section may be
conducted within the United States unless the person being surveilled is
a present employee, intelligence agency contractor or employee of such
a contractor, or is a military person employed by a non-intelligence
element of a military service. Outside the United States such surveil-
lance may also be conducted against a former employee, intelligence
agency contractor or employee of a contractor or a civilian person
employed by a non-intelligence element of an agency within the
Intelligence Community. A person who is in contact with such a present
or former employee or contractor may also be surveilled, but only to the
extent necessary to identify that person.
2-207. Undisclosed Participation in Domestic Organizations. No
employee may join, or otherwise participate in, any organization within
the United States on behalf of any agency within the Intelligence
Community without disclosing their intelligence affiliation to appro-
priate officials of the organization, except as permitted by procedures
established pursuant to Section 2-201. Such procedure shall provide for
disclosure of such affiliation in all cases unless the agency head or a
designee approved by the Attorney General finds that non-disclosure is
essential to achieving lawful purposes, and that finding is subject to
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review by the Attorney General. Those procedures shall further 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
(e) The participation is strictly limited in its nature, scope and
duration to that necessary for other lawful purposes relating to foreign
intelligence and is a type of participation approved by the Attorney
General and set forth in a public document. No such participation may
be undertaken for the purpose of influencing the activity of the
organization or its members.
2-208. Collection of Non publicly Available Information. No agency
within the Intelligence Community may collect, disseminate or store
information concerning the activities of United States persons that is not
available publicly, unless it does so with their consent or as permitted by
procedures established pursuant to Section 2-201. Those procedures
shall limit collection, storage or dissemination to the following types of
information:
(a) Information concerning corporations or other commercial organi-
zations or activitis that constitutes foreign intelligence or
counterintelligence;
(b) Information arising out of a lawful counterintelligence or person-
nel, physical or communications security investigation;
(c) Information concerning present or former employees, present or
former intelligence agency contractors or their present or former
employees, or applicants for any such employment or contracting,
which is needed to protect foreign intelligence or counterintelligence
sources or methods from unauthorized disclosure;
(d) Information needed solely to identify individuals in contact with
those persons describe in paragraph (c) of this section or with someone
who is the subject of a lawful foreign intelligence or counterintelligence
investigation;
(e) Information concerning persons who are reasonably believed to
be potential sources or contacts, but only for the purpose of determining
the suitability or credibility of such persons;
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(f) Information constituting foreign intelligence or counterintelli-
gence gathered abroad or from electronic surveillance conducted in
compliance with Section 2-202 or from cooperating sources in the
United States;
(g) Information about a person who is reasonably believed to be
acting on behalf of a foreign power, engaging in international terrorist
activities or narcotics production or trafficking, or endangering the
safety of a person protected by the United States Secret Service or the
Department of State;
(h) Information acquired by overhead reconnaissance not directed at
specific United States persons;
(i) Information concerning United States persons abroad that is
obtained in response to requests from the Department of State for
support of its consular responsibilities relating to the welfare of those
persons;
(j) Information collected, received, disseminated or stored by the FBI
and necessary to fulfill its lawful investigative responsibilities; or
(k) Information concerning persons or activities that pose a clear
threat to any facility or personnel of any agency within the Intelligence
Community. Such information may be retained only by the agency
threatened and, if appropriate, by the United States Secret Service and
the FBI.
2-3. Additional Restrictions and Limitations.
2-301. Tax Information. No agency within the Intelligence Commu-
nity shall examine tax returns or tax information except: as permitted by
applicable law.
2-302. Restrictions on Experimentation. No agency within the
Intelligence Community shall sponsor, contract for, or conduct research
on human subjects except in accordance with guidelines issued by the
Department of Health, Education and Welfare. The subject's informed
consent shall be documented as required by those guidelines.
2-303. Restrictions on Contracting. No agency within the Intelli-
gence Community shall enter into a contract or arrangement for the
provision of good or services with private companies or institutions in
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the 13.hited States unless the agency sponsorship is known to the
appropriate officialS)of the company or institution. In the case of any
company or institution other than an academic institution, intelligence
agency sponsorship may be concealed where it is determined, pursuant
to procedures approved by the Attorney General, that such concealment
is necessary to maintain essential cover or proprietary arrangements for
authorized intelligence purposes.
2-304. Restrictions on Personnel Assigned to Other Agencies. An
employee detailed to another agency within the federal government.
shall be responsible to the host agency and shall not report to the parent
agency on the affairs of the host agency unless so directed by the host
agency. The head of the host agency, and any successor, shall be
informed of the employee's relationship with the parent agency.
2-305. Prohibition on Assassination. No person employed by or
acting on behalf of the United States Government shall engage in, or
conspire to engage in, assassination.
2-306. Restrictions on Special Activities. No component of the
United States Government except an agency within the Intelligence
Community may conduct any special activity. No such agency except
the CIA (or the military services in wartime) may conduct any special
activity unless the President determines, with the SCC's advice, that
another agency is more likely to achieve a particular objective.
2-307. Restrictions on Indirect Participation in Prohibited Activi-
ties. No agency of the Intelligence Community shall request or
otherwise encourage, directly or indirectly, any person, organization, or
government agency to undertake activities forbidden by this Order or
by applicable law.
2-308. Restrictions on Assistance to Law Enforcement Authorities.
Agencies within the Intelligence Community other than the FBI shall
not, except as expressly authorized by law:
(a) Provide services, equipment, personnel or facilities to the Law
Enforcement Assistance Administration (or its successor agencies) or to
state or local police organizations of the United States; or
(b) Participate in or fund any law enforcement activity within the
United States.
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2-309. Permissible Assistance to Law Enforcement Authorities. The
restrictions in Section 2-308 shall not preclude:
(a) Cooperation with appropriate law enforcement agencies for the
purpose of protecting the personnel and facilities of any agency within
the Intelligence Community;
(b) Participation in law enforcement activities., in accordance with
law and this Order, to investigate or prevent clandestine intelligence
activities by foreign powers, international narcotics production and
trafficking, or international terrorist activities; or
(c) Provision of specialized equipment, technical knowledge, or
assistance of expert personnel for use by any department or agency or,
when lives are endangered, to support local law enforcement agencies.
Provisions of assistance by expert personnel shall be governed by
procedures approved by the Attorney General.
2-310. Permissible Dissemination and Storage of Information.
Nothing in Sections 2-201 through 2-309 of this Order shall prohibit:
(a) Dissemination to appropriate law enforcement agencies of infor-
mation which indicates involvement in activities that may violate
federal, state, local or foreign laws;
(b) Storage of information required by law to be retained;
(c) Dissemination of information covered by Section 2-208 (a)-(j) to
agencies within the Intelligence Community or entities of cooperating
foreign governments; or
(d) Lawful storage or dissemination of information solely for admin-
istrative purposes not related to intelligence or security.
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SECTION 3
OVERSIGHT OF INTELLIGENCE ORGANIZATIONS
3-1. Intelligence Oversight Board.
3401. Membership. The President's Intelligence Oversight Board
(I0B) shall function within the White House. The IOB shall have three
members who shall be appointed by the President and who shall be
from outside the government and be qualified on the basis of ability,
knowledge, diversity of background and experience. No member shall
have any personal interest in any contractual relationship with any
agency within the Intelligence Community. One member shall be
designated by the President as chairman.
3-102. Dui. ies.
The JOB
(a) Review periodically the practices and procedures of the Inspec-
tors General and General Counsel with responsibilities for agencies
within the Intelligence Community for discovering and reporting to the
JOB intelligence activities that raise questions of legality or propriety,
and consider written and oral reports referred under Section 3-201;
(b) Review periodically for adequacy the internal guidelines of each
agency within the Intelligence Community concerning the legality or
propriety of intelligence activities;
(c) Report periodically, at least quarterly, to the President on its
findings; and report in a timely manner to the President any intelli-
gence activities that raise serious questions of legality or propriety;
(d) Forward to the Attorney General, in a timely manner, reports
received coucerning intelligence activities in which a question of
legality has been raised or which the 10B believes to involve questions
of legality; and
(e) Conduct such investigations of the intelligence activities of
agencies within the Intelligence Community as the Board deems
necessary to carry out its functions under this Order.
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3-103. Restriction on Staff. No person who serves on the staff of the
JOB shall have any contractual or employment relationship with any
agency within the Intelligence Community.
3-2, Inspectors General and General Counsel.
Inspectors General and General Counsel with responsibility for
agencies within the Intelligence Community shall:
3-201. Transmit timely reports to the 10B concerning any intelli-
gence activities that come to their attention and that raise questions of
legality or propriety;
3-202. Promptly report to the IOB actions taken concerning the
Board's findings on intelligence activities that raise questions of legality
or propriety;
3-203. Provide to the JOB information requested concerning the
legality or propriety of intelligence activities within their respective
agencies;
3-204. Formulate practices and procedures for discovering and
reporting to the 1013 intelligence activities that raise questions of
legality or propriety; and
3-205. Report to the JOB any occasion on which the Inspectors
General or General Counsel were directed not to report any intelligence
activity to the JOB 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 Intelli-
gence -Community forwarded by the I0B;
3-302. Report to the President in a timely fashion any intelligence
activities which raise questions of legality;
3-303. Report to the JOB 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 10B;
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3-304. Inform the 1013 of legal opinions affecting the operations of
the Intelligence Community; and
3-305. Establish or approve procedures, as required by this Order,
for the conduct of intelligence activities. Such procedures shall ensure
compliance with law, protect constitutional rights and privacy, and
ensure that any intelligence activity within the United States or directed
against any United States person is conducted by the least intrusive
means possible. The procedures shall also ensure that any use, dissemi-
nation and storage of information about United States persons acquired
through intelligence activities is limited to that necessary to achieve
lawful governmental purposes.
3-4. Congressional Intelligence Committees.
Under such procedures as the President may establish and consistent
with applicable authorities and duties, including those conferred by the
Constitution upon the Executive and Legislative Branches and by law to
protect sources and methods, the Director of Central Intelligence and
heads of departments and agencies of the United States involved in
intelligence activities shall:
3-401. Keep the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of
the Senate fully and currently informed concerning intelligence activi-
ties, including any significant anticipated activities which are the
responsibility of, or engaged in, by such department or agency. This
requirement does not constitute a condition precedent to the implemen-
tation of such intelligence activities;
3-402. Provide any information or document in the possession,
custody, or control of the department or agency or person paid by such
department or agency, within the jurisdiction of the Permanent Select
Committee on Intelligence of the House of Representatives or the Select
Committee on Intelligence of the Senate, upon the request of such
committee; and
3-403. Report in a timely fashion to the Permanent Select Commit-
tee on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate information relating to
intelligence activities that are illegal or improper and corrective actions
that are taken or planned.
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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 11905, "United States Foreign Intelli-
gence Activities," dated February 18, 1976; Executive Order 11985,
same subject, dated May 13, 1977; and Executive Order 11994, same
subject, dated June 1, 1977.
4-102. The NSC, the Secretary of Defense, the Attorney General and
the Director of Central Intelligence shall issue such appropriate direc-
tives and procedures as are necessary to implement this Order.
4-103. Heads of agencies within the Intelligence Community shall
issue appropriate supplementary directives and procedures consistent
with this Order.
4-104. The Attorney General shall have sole authority to issue and
revise procedures required by Section 2-201 for the activities of the FBI
relating to foreign intelligence and counterintelligence.
4-105. Where intelligence activities under this Order are to be
conducted pursuant to procedures approved or agreed to by the
Attorney General, those activities may be conducted under terms and
conditions of Executive Order 11905 and any procedures promulgated
thereunder until such Attorney General procedures are established.
Such Attorney General procedures shall be established as expeditiously
as possible after the issuance of this Order.
4-1 06. In some instances, the documents that implement this Order
wii; k classified because of the sensitivity of the information and its
relation to national security. All instructions contained in classified
documents will be consistent with this Order. All procedures promul-
gated pursuant to this Order will be made available to the Congres-
sional intelligence committees in accordance with Section 3-402.
4-107. Unless otherwise specified, the provisions of this Order shall
apply to activities both within and outside the United States, and all
references to law are to applicable laws of the United States, including
the Constitution and this Order. Nothing in this Order shall be
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construed to apply to or interfere with any authorized civil or criminal
law enforcement responsibility of any department or agency.
4-2. Definitions.
For the purposes of this Order, the following terms shall have these
meanings:
4-201. Communications security means protective measures taken
to deny unauthorized persons information derived from telecommuni-
cations of the United States Government related to national security and
to ensure the authenticity of such telecommunications.
4-202. Counterintelligence means information gathered and activi-
ties conducted to protect against espionage and other clandestine
intelligence activities, sal).?2tAge, international terrorist activities or
assassinations co-ii-d-tiCied for or on behalf of roreiii-i- powers, Organiza-
tions or persons, 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.
1
( 4-204. Employee means a person employed by, assigned to, or acting i
for an agency within the Intelligence Community.
4-205. Foreign Intelligence means information relating to the capa-
bilities, intentions and activities of foreign powers, organizations or
persons, but not including-counterintelligence except for information on
international terrorist activities.
4-206. Intelligence means foreign intelligence and counter-
intelligence.
4-907. Intelligence Community and agency or agencies within the
intelligence COM munity refer to the following organizations:
(a) The Central Intelligence Agency (CIA);
(b) The National Security Agency (NSA);
(c) The Defense Intelligence Agency;
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(d) The Offices within the Department of Defense for the collection
of specialized national foreign intelligence through reconnaissance
programs;
(e) The Bureau of Intelligence and Research of the Department of
State;
(f) The intelligence elements of the military services, the Federal
Bureau of Investigation (FBI), the Department of the Treasury, the
Department of Energy, and the Drug Enforcement Administration
(DEA); and
(g) The staff elements of the Office of the Director of Central
Intelligence.
4-2087 Intelligence product means the estimates? memoranda and
other reports produced from the analysis of available information.
4-209. International terrorist activities means any activity or activi-
ties which:
(a) involves killing, causing serious bodily harm, kidnapping, or
violent destruction of property, or an attempt or credible threat to
commit such acts; and
(b) appears intended to endanger a protectee of the Secret Service or
the Department of State or to further political, social or economic goals
by intimidating or coercing a civilian population or any segment
thereof, influencing the policy of a government or international
organization by intimidation or coercion, or obtaining widespread
publicity for a group or its cause; and
(c) transcends national boundaries in terms of the means by which it
is accomplished, the civilian population, government, or international
organization it appears intended to coerce or intimidate, or the locale in
which its perpetrators operate or seek asylum.
4-210. The National Foreign Intelligence Program includes the
programs listed below, but its composition shall be subject to review by
the National Security Council and modification by the President.
(a) The programs of the CIA;
(b) '[he Consolidated Cryptologic Program, the General Defense
Intelligence Program, arid 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 Diree-
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tor of Central Intelligence and the Secretary of Defense agree should be
excluded;
(c) Other programs of agencies within the Intelligence ,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;
(d) Activities of the staff elements of the Office of the Director of
Central Intelligence;
(e) Activities to acquire the intelligence required for the planning
and conduct of tactical operations by the United States military forces
are not included in the National Foreign Intelligence Program.
4-211. Physical surveillance means an unconsented, systematic and
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 thereat through any means not
involving electronic surveillance. This definition does not include
overhead reconnaissance not directed at specific United States persons.
4-212. Special activities means activities conducted abroad in sup-
port of national foreign policy objectives which are designed to further
official United States programs and policies abroad and which are
planned arid executed so that the role of the United States Government
is not apparent or acknowledged publicly, and functions in support of
such activities, but not including diplomatic activity or the collection
and production of intelligence or related support functions.
4-213. United States, when used to describe a place, includes the
territories of the United States.
4-214, United States person means a citizen of the United States, an
alien lawfully admitted . for permanent residence, an unincorporated
association organized in the United States or substantially composed of
United States citizens or aliens admitted for permanent residence, or a
corporation incorporated in the United States.
TUE WHTII HOUSE,
January 24, 1978
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