REVISED DRAFT EXECUTIVE ORDER 12036

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00890R000300040010-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 90
• Document Creation Date: December 15, 2016
• Document Release Date: September 8, 2003
• Sequence Number: 10
• Publication Date: January 1, 1981
• Content Type: NOTES

DIRECTOR OF CENTRAL INTELLIGENCE
WASHINGTQN, C. 20505
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STATNOTE FOR:
SUBJECT: -Revised Draft
Executive Order 12036
-Attached'is-a complete new draft
revision of Executive order 12036, which
.we believe accommodates all the points
we have previously discussed. A spread
-sheet comparing sections 1, 3, and 4 of
.the draft with the existing order also
is attached. You should understand that
at this point this version does not have
the DCI's formal blessing or any input
.from the Intelligence Community. Once
you have reviewed this draft, please
contact us with your comments.
STAT
Attachments
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EXECUTIVE ORDER
UNITED STATES
INTELLIGENCE ACTIVITIES
Timely and accurate information about the activities,
plans, and intentions of foreign powers, organizations, 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 strength-
ened 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 constitutional 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 analyt-
ical competition among appropriate elements of the Intelligence
Community.
(b) All means, consistent with applicable United States
law and this Order, and with full consideration of the rights of
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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
considerations 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. 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 the development of intelligence 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;
information;
(3) Interagency exchanges of foreign intelligence
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(4) Arrangements with foreign governments on
intelligence matters;
(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
Intelligence and shall consist of senior representatives from
organizations within the Intelligence Community and from depart-
ments or agencies containing such organizations, as designated by
the Director of Central Intelligence. 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 Secre-
tary of Commerce, Attorney General, Assistant to the President
for National Security Affairs, and the Office of the Secretary of
Defense shall 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
coordination 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; and
(e) Administrative and support activities within the
United States and abroad necessary for the performance of
authorized activities.
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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 NSC,
or in accordance with policies developed by the NSC, 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 foreign intelligence organiza-
tions on behalf of the Intelligence Community;
(d) Ensure implementation of special activities;
(e) Formulate policies concerning foreign intelligence
and counter ntelligence arrangements with foreign governments,
coordinate telligence and counterintelligence relationships
between agencies of the Intelligence Community and the intelli-
gence or internal security services of foreign governments, 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
Community of common security and access standards for managing
and handling foreign intelligence systems, information and
products;
(h) Ensure that programs are developed which protect
intelligence sources, methods, and analytical procedures;
(i) Establish uniform criteria for the determination of
relative priorities for the transmission of critical national
foreign intelligence, and advise the Secretary of Defense
concerning the communications requirements of the Intelligence
Community for the transmission of such intelligence;
(j) Establish appropriate committees or other advisory
groups to assist in the execution of the Director's responsibili-
ties;
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(k) Have full responsibility for production and dissemi-
nation of national foreign intelligence and authority to levy
analytic tasks on departmental intelligence production organiza-
tions, in consultation with those organizations, ensuring that
appropriate mechanisms for competitive analysis are developed so
that diverse points of view are considered fully and that differ-
ences of judgment within the Intelligence Community are brought
to the attention of national policymakers;
(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 developed 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
a part of the National Foreign Intelligence Program advisory
tasking concerning collection of national foreign intelligence;
(n) Develop, in consonance with NSC guidance and with the
advice of the program managers and departments and agencies
concerned, the consolidated National Foreign Intelligence Program
budget, present it to the President through the office of Manage-
ment and Budget, and present it to the Congress;
(o) Review and approve all requests for reprogramming
National Foreign Intelligence Program funds, in accord 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
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relevant to the national intelligence needs of the United States
and shall give due consideration to requests from the Director of
Central Intelligence for appropriate support for Intelligence
Community activities.
(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 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 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 and the NSC;
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(f) Disseminate intelligence to cooperating foreign
governments under arrangements established or agreed to by the
Director of Central Intelligence;
(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
Counsel 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, 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) Produce and disseminate counterintelligence studies
and reports;
(e) Coordinate counterintelligence activities and the
collection of information not otherwise obtainable, when
conducted outside the United States by other departments and
agencies;
(f) 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
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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;
(g) Conduct services of common concern for the Intel-
ligence Community as directed by the NSC;
(h) Carry out or contract for research, development and
procurement of technical systems and devices relating to
authorized functions;
(i) 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
(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, 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 policy 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;
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(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 surveil-
lance 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:
(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 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 CIA, and within the United States in
coordination with the FBI, pursuant to procedures agreed upon by
the Secretary of Defense and the Attorney General, and produce
and disseminate counterintelligence studies and reports;
(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
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appropriate means, including such investigations of applicants,
employees, contractors and other persons with similar associa-
tions with the Department of Defense as are necessary;
(i) Establish and maintain military intelligence
relationships and military intelligence exchange programs with
selected cooperative foreign defense establishments and 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
10
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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;
(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 provisions 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
associations 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
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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.
(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 infor-
mation on 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 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;
(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
production and dissemination of counterintelligence studies or
reports; 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.
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(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 disseminate foreign intelligence
necessary for the Secretary's responsibilities;
(c) Participate in formulating intelligence collection
and analysis requirements where the special expert capability of
the Department can contribute; and
(d) Provide expert technical, analytical and research
capability to other 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
shall:
(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,
counterintelligence and counterintelligence studies and reports;
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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SECTION 2
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, 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
intelligence 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 Information. Agencies within the
Intelligence 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
corporations 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;
(d) Information needed to protect foreign intelligence or
counterintelligence sources or methods from unauthorized
disclosure;
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(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 U.S. 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 U.S.
persons abroad. Agencies are not authorized to use such tech-
niques 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-U.S. persons lawfully in its possession
and search-es by counterintelligence elements of the military
services for intelligence purposes within the United States or
directed against U.S. military personnel abroad when authorized
by a miltary commander empowered to approve physical searches for
law enforcement purposes; - - =
c) Physical "surveiliAhce _' of 'a- US o 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
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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
circumstances 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
institutions 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.
2-9. Undisclosed Participation in'Domestic Organizations.'- No
one acting on behalf of agencies within the Intelligence
Community 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
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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.
4
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 Approved For Release 2003/12/19 : CIA-RDP84B00890R000300WO1~!Te 1981)
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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 (15 June 1981)
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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
appropriate 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
expeditiously 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
intelligence activities, sabotage or assassinations conducted for
or on behalf of foreign powers, organizations or persons, or
international terrorist activities, but not including personnel,
physical, document, or communications security programs.
(b) 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.
(c) Intelligence activities mean foreign intelligence,
counterintelligence, security, and special activities, and
support activities related thereto.
(d) Intelligence Community and agencies within the
Intelligence Community refer to the following agencies or
organizations:
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(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.
(e) 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
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;
(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.
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(f) 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.
(g) 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 government 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.
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 Qr?r-r_n~inrl_Fnr Release s Qp Ii.2I19. rln_Rnp_g4B00890R000300040010-2
TRANSMITTAL SLIP
DArE
25 Jun 81
TO: QDA
ROOM NO. BUILDING
7D24
Hq
REMARKS:
The attached
materials
are intended for discussion
purposes only. This informa-
tion is extremely
sensitive
and should not be
disseminated
further.
FROM :
orc
ROOM NO.
BUILDING
EXTENSION
7D00
Hq
O M O.241 REPLACES FORM 36-8
WHICH MAY BE USED.
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2 4 JUN. 1991-- -
Executive Order 12036
as amended
UNITED STATES
INTELLIGENCE ACTIVITIES
By virtue of the authority vested in
me by the Constitution and statutes of the
United States of America, including the
National Security Act of 1947, as amended,
and as President of the United States of
America, in order to provide for the organi-
zation and control of United States foreign
intelligence activities, it is hereby ordered
as follows:
UNITED STATES
INTELLIGENCE ACTIVITIES
Timely and accurate information about
the activities, lane an intentions of
fore gn powers, organizations, and persons,
and their agents, is essential to the
national security of the Un ted States. In
order to obtain suc "format n the intel-
ligence capabilities of the Unite States
must be strengthened roug 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
rece
ve
the beat intelligence available. The honor-
able men and
women o t e irate Bence
Community who serve the United States must
understand that their efforts are vital tF
the national security and have the full
support o t e Prea dent the Con ress and
the pub c. For that purpose, by virtue of
the authority vested in me by the Constitu-
tion and statutes of the United States of
America, including the National Security Act
of 1947, as amended, and as President of the
United States of America, in order to provide
for the effective conduct of United States
intelligence activities and the protection of
constitutional rights, it is hereby ordered
as follows:
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SECTION 1
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SECTION 1 SECTION 1
DIRECTION, DUTIES AND GOALS, DIRECTION, DUTIES AND
RESPONSIBILITIES WITH RESPONSIBILITIES WITH
RESPECT TO THE NATIONAL RESPECT TO THE NATIONAL
INTELLIGENCE EFFORT INTELLIGENCE EFFORT
1-1. Goals.
1-101. Goals. The United States
intelli ence effort shall provide the Presi-
ent and the Nat onal Secur t Counci wit
the necessary information on which to base
decisions concerning the conduct and develop-
ment of foreign, defense and economic
Policy, and tile protection of Un to States
national interests from foreign security
threats. All de artments and agencies shall
cooperate u v to u t is goa
(a) Maximum emphasis should be given
to foster n anal t cal competition amon
appropriate elements of the ante ligence
Community.
AU All means consistent with
applicable United States law and this Order,
and with full consideration of the r is o
United States persons shall -Be
used
to
evelo intelligence Information
for
t We
President and the National Secur
t
Council. A balance approach between
technical collection efforts and other means
should be maintained and encouraged-7----
ncourage .
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1-1. National Security Council.
1-101.. Purpose. The National
Security Council (NSC) was established by the
National Security Act of 1947 to advise the
President with respect to the integration of
domestic, foreign, and military policies
relating to the national security. The NSC
shall act as the highest Executive Branch
entity that provides review of, guidance for,
and direction to the conduct of all national
foreign intelligence and counterintelligence
activities.
(1-101. Continued)
-(S_ Special emphasis should be given
to detecting and counterin espionage and
other threats and activities directed
foreign intelligence services a a nst United
States persons, the United States Government
or United States corporat ons and establish-
ments.
(d) To the greatest extent possible
consistent with applicable United States law
and this Order, and with full considerations
o the rights of United states persons, all
agencies and departments should seek to
ensure full and free exchange of information
n order to derive maximum benefit from the
United States intelligence effort.---
1-2. National Security Council.
1-201. 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 AUD THE eEw~aP.ygirr of ivrdE,,,~
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1-102. Committees. The NSC Policy
Review Committee and Special Coordination
Committee, in accordance with procedures
established by the Assistant to the President
for National Security Affairs, shall assist
in carrying out the NSC's responsibilities in
the foreign intelligence field.
1-202. Committees. The NSC shall
establish such committees as may be nec;-ssary
to carr out is functions and responsibili-
ties under t his Order.
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1-401. Establishment and Duties.
There is established a National Foreign
Intelligence Board (NFIB) to advise the
Director of Central Intelligence concerning:
(a) Production, review, and
coordination of national foreign intelli-
gence;
(b) The National Foreign Intelli-
gence 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;
and
(g) Other matters referred to it by
the Director of Central Intelligence.
1-3. National Foreign Intelligence Advisory
Groups.
1-301. Establishment and Duties.
The Director of Central Intelli ence shall
establish such boards, counc is or rou s as
required or t o purpose of obtaining advice
from within the Intelligence Communit
concern ng:
(a) Production, review and
coordination of national foreign
intelligence;
(b) Priorities for the National
Foreign Intelligence Program budget;
(c) Interagency exchanges of foreign
intelligence information;
(d) Arrangements with foreign
governments on intelligence matters;
(e) Protection of intelligence
sources and methods;
(g) Such other matters as may be
referred by the Director of Central Intelli-
gence. -
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1-402. Membership. The NFIB shall
be chaired by the Director of Central
Intelligence and shall include other appro-
priate officers of the CIA, the Office of the
Director of Central Intelligence, the Depart-
ment 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 recon-
naissance programs, the National Security
Agency and the FBI. A representative of the
Assistant to the President for National Secu-
rity Affairs may attend meetings of the NFIB
as an observer.
1-403. Restricted Membershi and
Observers. When the NFIB meets for t e
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.
1-302. Membership. Advisor y
groups
established pursuantto this sect on shall e
chaired by the Director of Central Intelli-
gence and shall consist of senior re resenta-
tives from organizations with n the Intel f-
ence Community and from departments or
a encies containing such organizations, as
des ate the Director of Central
Inte n
l ence. Groups for consideration of
substantive Intelligence matters will include
representatives of organizations involved in
the collect on processing, and analysis of
ntel ence. A senor representative of the
Secretar of Commerce Attorne Genera
Assistant to the President for National Secu-
rity A a rs and the Office of the gecretary
of De ense shall participate in any group
which deals with other than substantive
Intelligence matters.
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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 Commu-
nity may also designate representatives.
1-502. Res onsibilities. The NITC
shall be the central mechanism by which the
Director of Central Intelligences
(a) Translates national foreign
intelligence requirements and priorities
developed by the PRC into specific collection
objectives and targets for the Intelligence
Community;
(b) Assigns targets and objectives
to national foreign intelligence collection
organizations and systems;
(c) Ensures the timely dissemination
and exploitation of data for national foreign
intelligence purposes gathered by national
foreign intelligence collection means, and
ensures the resulting intelligence flow is
routed immediately to relevant components and
commands;
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(1-502. Continued)
(d) Provides advisory tasking
concerning collection of national foreign
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 author ty 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 author ties of the
Director of Central Intelligence concerning
the NITC shall be transferred to the Secre-
tary of Defense upon the express direction of
the President. To maintain readiness for
such transfer, the Secretary of Defense
shall, with advance agreement of the Director
of Central Intelligence, assume temporarily
during regular practice exercises all respon-
sibilities and authorities of the Director of
Central Intelligence concerning the NITC.
(Moved. See Sl-501(q).]
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1-4. The intelligence Community.
1-401. Duties and fteswonsibili
Cie;.. The ncies within the Intelligence
Community shell, a e under
t o ea ers an
coordination of the Director of Central
Intel ence and in accordance w th asli-
cable United States law and t e provisions of
this Order, conduct intelligence activities
necessar or the conduct of foreatn rela-
tions and t o rotection o t e n ono
security of the United States, ncluding:
Collection of information needed
_LSL by the President the National Security
Zouncil, the Secretaries of State and
Defense, and other Executive Branch officials
for t o performance of t e r duties and
responsibilities
;
i- Production and dissemination of
intelligence;
jj Collection of information
concernin and the conduct of activities to
rotect a a me 1 ence act vit es
rected against the United States, Inter-
national terrorist and international
narcotics activities, and other hostile
activities directed against the United States
foreign powers, organizations, persons,
and their agents;
_U. Special activities; and
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1-601. Duties. The Director of
Central Intelligence shall be responsible
directly to the NSC and, in addition to the
duties specified elsewhere in this order,
shall:
(1-401. Continued)
j- Administrative and support
activities within the United States and
abroad necessary for the r ormance of
authorized activities.
1:5. Director of Central Intelligence.
1-501. Duties maA n ~iit
order- to discharge the duties an -respon-
sibilities prescribed by law, the Director of
R
N
-
i
~c~?'e?4`x~
Central Intelligence gha 1 e responsible 1
O
directly to the NSC '?a
(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 agencies, as the
Intelligence Community's principal spokes-
person to the Congress, the news media and
the public, and facilitate the use of
national foreign intelligence products by the
Congress in a secure manner;
(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;
.t hmrn f tL^ D 4 1 T 4
r., muni4y ruannnsiY.i itle
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 Approved For Release 2003/12/19 : CIA-RDP84B0089OR000300040010-2
(1-601. Continued)
(d) Develop, consistent with the
requirements and priorities established by
the PRC, such objectives and guidance for the
Intelligence Community as will enhance
capabilities for responding to expected
future needs for national foreign intelli-
gence7
(e) Promote the development and
maintenance of services of common concern by
designated foreign intelligence organizations
on behalf of the intelligence Community;
(f) Ensure implementation of special
activities=
(g) Formulate policies concerning
intelligence arrangements with foreign
governments, and coordinate intelligence
relationships. between agencies of the
Intelligence Community and the intelligence
or internal security services of foreign
governments;
(h) Conduct a program to protect
against overclassification of foreign
intelligence information;
(d) Develops-ee ois - t with-
4he-N96., such objectives and guidance for the
Inte=l gence Community as will enhance
capabilities for responding to expected
future needs for national foreign intelli-
gence;
(e) Promote the development and
maintenance of services of common concern by
designated foreign intelligence organizations
on behalf of the Intelligence Community;
(f) Ensure implementation of special
activities:
(g),o?e,Fo~%euo Gies concerning 1'6/A)
intelligence?arrangements w? foreign
governments, and-coordinate.4- n"telligenceavocavtirae~uTau
relationships between agencies of the
Intelligence Community and the intelligence
or internal security services of foreign
governments; AND ES 9&. sy i9ft e- ap_S (2041efAllV6 T9 Co(&,CT 4
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'Y THE 977d.PNEy (Qcfu5QgL GO&K W.iI THE CRiMi /4L N9RCOr1eS
Ac7111171&5 OF6c.9 TO 4W6*e6 797 ;71CS6 9C7111171ES , aWS" rAIr
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 Approved For Release 2003/12/19 : CIA-RDP84B0089OR000300040010-2
(1-601. Continued)
(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
intelligence activities;
(k) Establish uniform criteria for
the determination of relative priorities for
the transmission of critical national foreign
intelligence, and advise the Secretary of
Defense concerning the communications
requirements of the intelligence Community
for the transmission of such intelligence;
(1) Provide appropriate intelligence
to departments and agencies not within the
intelligence Community; and
(m) Establish appropriate committees
or'other advisory groups to assist in the
execution of the foregoing responsibilities.
-EUsARE T10;-MO UM
ARE MY8LOPd , 4/////i/4'
m.57&47 aurEU."uct
J o / R c 6 s / i g2 A ,
AVb 9N.4Ayr1e-L
R2acED a* s;
(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;
(m) Establish appropriate committees
or other advisory groups to assist in the
execution of the Director's responsibilities;
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 Approved For Release 2003/12/19 : CIA-RDP84B0089OR000300040010-2
(1-501. Continued)
(n) T _4_.--_ -' isw _--d _ele
approved by ti
ag no4es,
(o) Have full responsibility for
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 developed so t at d verse points
of view are considered fully and that differ-
ences of judgment within the Intelligence
Community are brought to the attention of
national policymakers;
(p) Ensure the timely exploitation
and dissemination of data gathered by
national foreign intelligence collection
means, and ensure that the resulting intelli-
gence is disseminated immediately to
appropriate components and commands;
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 Approved For Release 2003/12/19 : CIA-RDP84B0089OR000300040010-2
(q) Establish mechanisms to
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translate national foreign intelligence
objective s and priorities developed by the
NSC into specific guidance for the Intelli-
gence Community, including MAN
elopment of
plans and arrangements for r of
u red collection tasking author ty to the
Secretary of Defense when directed by the
President;
(r) Provide to departments and
agencies having information collection
capabilities or intelligence assets that are
not a part of the National Foreign Intelli-
gence Program advisory tasking concerning
collection of national foreign intelligence,
with particular emphasis placed on increasing
tTie-contribution of departments or agencies
to the collection of information through
overt means;
(a) Resolve conflicts of tasking
priority in nations forei n ntelli ence
activities, with recognition that any depart-
-~
edo&VED W/TN
S5EG7/OAJS
(") AND (Y)
Morel n lntelll ence Program and budget
development to Intelligence Community program
managers, heads of component activities, and
department and agency heads;
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 Approved For Release 2003/12/19 : CIA-RDP84B0089OR000300040010-2
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(1-501. Continued)
(u) Develop, in consonance with NSC
guidance and with the advice of the program
managers and departments and agencies
concerne , he consolidated National Foreign
Intelligence Program budget and present it to
the President through the Office of Manage-
ment and Budget;
(v) Present and justify the National
Foreign Intelligence Program budget to the
Congress;
(w) Review and approve all requests
for reprogramming National Foreign intelli-
gence Program funds, in accord with
guidelines established by the Office of
Management and Budget;
(x) Monitor National Foreign
Intelligence Program implementation and, as
necessary, conduct program and performance
audits and evaluations;
(y) Together with the Secretary of
Defense, ensure that there is no unnecessary
overlap between national foreign intelligence
programs and Department of Defense intelli-
ence ro rams n ,prove e to an o a
from t e Secretar of Defense all n ormation
necessary for this purpose; and _.-
06+s/ST6vi N9T,Y 7,3
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 Approved For Release 2003/12/19 : CIA-RDP84B0089OR000300040010-2
1-602. National Foreign Intelligence
Program Budget. The Director o Central
Intelligence shall, to the extent consistent
with applicable law, have full and exclusive
authority for approval of the National
Foreign Intelligence Program budget submitted
to the President. Pursuant to this
authority:
(a) The Director of Central Intelli-
gence shall provide guidance for program and
budget development to program managers and
heads of component activities and to depart-
ment 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 infor-
mation necessary to perform the Director's
program and budget responsibilitiesi
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 Approved For Release 2003/12/19 : CIA-RDP84B0089OR000300040010-2
(1-602. Continued)
(c) The Director of Central Intelli-
gence 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 Intelli-
gence 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;
[Moved. See 51-501(u).]
[Moved. See 51-501(v).]
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 Approved For Release 2003/12/19 : CIA-RDP84BOO89OR000300040010-2
(f) The Director of Central Intelli-
gence shall have full and exclusive authority
for reprogramming National Foreign Intelli-
gence Program funds, in accord with guide-
lines established by the Office of Management
and Budget, but shall do so only after
consultation with the head of the department
affected and appropriate consultation with
the Congress]
(g) The departments and agencies may
appeal to the President decisions by the
Director of Central Intelligence on budget or
reprogramming matters of the National Foreign
Intelligence Program.
(h) The Director of Central Intelli-
gence, shall monitor National Foreign Intelli-
gence Program implementation and may conduct
program and performance audits and evalua-
tions.
[Moved. See 51-603.)
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 Approved For Release 2003/12/19 : CIA-RDP84BOO89OR000300040010-2
1-603. Responsibility for National
Foreign Intelli ence. The Director of
Central Intelligence shall have full respon-
sibility for production and dissemination of
national foreign intelligence and have
authority to levy analytic tasks on depart-
mental intelligence production organizations,
in consultation with those organizations. In
doing so, the Director of Central Intelli-
gence shall ensure that diverse points of
view are considered fully and that differ-
ences of judgment within the intelligence
Community are brought to the attention of
national policymakers.
1-604. Protection of Sources
Methods and Procedures. The Director of
Central Intelligence shall ensure that
programs are developed which protect intelli-
gence sources, methods and analytical proce-
dures, 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
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 Approved For Release 2003/12/19 : CIA-RDP84BOO89OR000300040010-2
(1-604. Continued)
(b) Providing policy, guidance and
technical assistance to departments and
agencies regarding protection of intelligence
information, including information that may
reveal intelligence sources and methods.
1-605. Respoons~ibilityoof_ Executive
Branch Agencies. The heads o 50h Executive
Branch departments and agencies shall, in
accordance with law and relevant Attorney
General procedures, give the Director of
Central Intelligence access to all informa-
tion 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.
1-6. Duties and Responsibilities of the
Heads of Executive Branch Departments and
Agencies.
1-601. 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 Intell -
gence access to all information relevant to
the national intelligence needs of the United
States and shall give due consideration to
requests from the Director of Central
intelligence for appropriate support for
Intelligence Community activities.
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 Approved For Release 2003/12/19 : CIA-RDP84B0089OR000300040010-2
1-606. Access to CIA Intelligence.
The Director of Central Intelligence, shall,
in accordance with law and relevant Attorney
General procedures, give the heads of the
departments and agencies access to all
intelligence, developed by the CIA or the
staff elements of the office of the Director
of Central Intelligence, relevant to the
national intelligence needs of the depart-
ments and agencies.
1-602. 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 infor-
mation necessary to perform the Director's
program and budget responsibilities.
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 Approved For Release 2003/12/19 : CIA-RDP84BOO89OR000300040010-2
1-7. Senior Officials of the Intelligence
Community.
The senior officials of each of the
agencies within the Intelligence Community
shall:
1-701. Ensure that all activities of
their agencies are carried out in accordance
with applicable law;
1-702. Make use of the capabilities
of other agencies within the 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;
1-603. The heads of departments and
agencies involved in the National Foreign
Intelligence! Program may appeal to the Presi-
dent 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 de artments and agencies
with organizations in the Intelligence Commu-
nity or the heads of such organizations, as
appropriate, shall:
resPensibility to the tf inteliigenee-pr-o r- o o-r-
utei-rtge.
efficiency-and
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 Approved For Release 2003/12/19 : CIA-RDP84B0089OR000300040010-2
1-705. Provide for strong, indepen-
dent, 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 viola-
tions 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 investiga-
tion;
1-708. Burnish the Director of
Central Intelligence, the PRC and the SCC, in
accordance with applicable law and Attorney
General procedures, 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;
1-705. P ev4 _ etr
dng-r- i-ndepert-
dent_r~~CQIIS to fy, spFt.
1-706. Report to the Attorney
General possible violations of those federal
criminal laws specified in proceed~uressa reed
upon by the Attorney Genera and the dead of
the department or agencv concerned in a
manner consistent with the Protection of
me gence sources and methods, as
specified in those procedures;
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 investiga-
tion;
1-708. Furnish the Director of
Central Intelligence and the NSC, in accor-
dance with applicable law and procedures
approved by the Attorney General under this
Order, the information required for the
performance of their respective duties;
1-709. Report to the intelligence
Oversight ?e of th fl 'a }i
R Board and keep
the Director of Central Intelligence
appropriately informed, concerning any
intelligence activities of their organi
zations which raise questions of legality or
propriety;
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 Approved For Release 2003/12/19 : CIA-RDP84B0089OR000300040010-2
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;
1-712. Execute programs to protect
against over classification of foreign
intelligence;
1-713. Instruct their employees to
cooperate fully with the intelligence Over-
sight 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.
1-710. Protect intelligence and
intelligence sources and methods from
unauthorized disclosure consistent w th
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;
1-712.
Foreign intelligence- L__
+vgTi .fT'GiCrj9C1[ `c[rccJ~V[JCrZ:'-iitiSa'z1T-
..cat-ien;-.
1-713. Instruct their employees to
cooperate fully with the intelligence Over-
Boar ; and
1-714. Ensure that the Inspectors
General and General Counsel for their organi-
zations have access to any information
necessary to perform their duties assigned by
this Order.
1)9,f7/C/ o g76 hV TMc b6U&,LsA* GA4 of ppoce euR 65
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 Approved For Release 2003/12/19 : CIA-RDP84B0089OR000300040010-2
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 otherwise obtain-
able, and develop, conduct, or provide
support for technical and other programs
which collect national foreign intelli-
gence. 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 and disseminate
foreign intelligence relating to the national
security, including foreign political,
economic, scientific, technical, military,
geographic and sociological intelligence to
meet the needs of the President, the NSC, and
other elements of the United States Govern-
ment;
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 ry/s aeosR,
the National Security Act of 1947, as
amep e~ `the CIA Act of 1949, as amended, a aQ
others aw,~, a ?i t e d d t - the
CIA dix31+~1 a? ~++ a