PROPOSED EXECUTIVE ORDER ON INTELLIGENCE ACTIVITIES 23 SEPTEMBER 1981

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000300010002-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 22
• Document Creation Date: December 22, 2016
• Document Release Date: February 4, 2009
• Sequence Number: 2
• Publication Date: September 23, 1981
• Content Type: REGULATION

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THURSDAY, JANUARY 26, 1978
PART 11
THE PRESIDENT
UNITED STATES
INTELLIGENCE ACTIVITIES
Executive Order 12036
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is hereby ordered as. follows:
Title 3-The President
Executive Order 12636
United States lnt"i9ence Activities
January 24,1978
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
forthe organization and control of United States foreign intelligence activities, it
1-2
NSC Policy Review Committee ...... _> ................. .....>_.>....>........................ 13675]
1-3
NSC Special Coordination Committee ............. _........ >_.... _..>......_...-, . [3671
1-4
National Foreign Intelligence Board ...................... :.._..>_>......... >.............. ...[3676}
1-5
National Intelligence Tasking Center ....................................>.......................... (
3677}
1-6
The Director of Central Intelligence ........... ............................ _..... ................ 1
36771
1-7
Senior Officials of the Intelligence Community ............................ ............... _. [
3579]
1-8
The Central Intelligence Agency ............................. >........ ..................... _.... (
36501
I-9
The Department JState .... ..................................................... _............... [
36611
1-10
The Department of the Treasury ......................................... .......................... .. [
36811
1-11 .
The Department of Defense .......................................... :.... ...................... _._... [
3681
1-12
Inteliigence Components Utilized by the Secretary of Defense .._._....... _...... [
36821
1-13
The Department of Energy.:..:.....:............................................................. [
36841
1-14
Tile Federal Bureau of Investigation ....................... ......... >_.... ..................... [
36841
1-15
The Drug Enforcement Administration ................................... .........._ ....._>.. [
3684]
SECTroN 2 REsTRIcrtONs ON 1N7ELLtGENCE AcnvmFs
2=307 .
2-308
SECTtOty 3
tpreeiential documents
General ........_->------ -------....._...._..>.. > .l3b~a1
Electronic Surveillance .... ........ .......... _...._.... .>~ > [3685}
Television Cameras and Other Monitoring r >.. _._> 136851
Physical Searches........>.........>.:.>.........>_> >..>~.... ~ > >.: 196831
Tax Inforniatiorr::>..>........> .................>>_:.>:. ... .............[3687}
Restrictions on Experimentation. .... >,. -....->-136871
Restrictions on Contracting .~.>:. ...... >>... .....-.?------136871
Restrictions on Personnel Assigned to Other Agencies. _____._..j3687j
Prohibitiotr-on Assassination.>:_.>.._....._...........>.._. >...>. >. [36871
Restrictions on Special Activities .............>>.......>.......- ..> . > >....:.-.>...136871
Restrictions on Indirect Participation in Prohibited Acti
Restrictions on Assistance to Law Enforcement Authorities > ....> ........... (3688)
Attorney General ......> > ..:.......................... _>........... > (3689)
Congressional Intelligence Committees .......>....>...::.
GENERAL PROVISIONS -
OVIRSIC."T OF IWMLLIGENCE ORGANIZATIONS
intelligence OversiRht Board ...............>
4-1 Implementation .......>.>...>..........:>........... ..> _>.196901
4-2 Definitions ..> .::........:.>.:>..>-....>..:..:................ >_...... _>>.._>> >._...>:._ .. .136901.
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THE PRESIDENT
SECTION 1
DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT TO THE NATIONAL
INTELLIGENCE EFFORT
Director of Central Intelligence. _
1-303. Sensitive Foreign Intelligence Collection Operations. Under standards
established by the President, proposals for sensitive foreign intelligence collec-
tion operations shall be reported to the Chairman by the Director. of Central
Intelligence for appropriate review and approval. When meeting for the purpose.
of reviewing proposals "for sensitive foreign intelligence collection operations,
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.
1-102.. Committees. The NSC-Policy Review Committee and Special Coor-
dination 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.
1-2. NSC Policy Review Committee.
.1-201. Membership The NSC Policy Review Committee (PRC), when car-
rying 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 theJoint 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 pro-
posals and report to the President as to whether the resource allocations for
intelligence capabilities are -responsive to the intelligence requirements of the
members of the NSC.
(c) Conduct periodic reviews of national foreign intelligence products,
.evaluate the quality of the intelligence product, develop policy guidance to
ensure quality intelligence and to meet changing intelligence requirements;-and
(d) Submit an annual report on its activities to the NSC.
1-203. Appeals. Recommendations of the PRC on intelligence matters may
be appealed to- the President or the NSC by any member of PRC.- .
1-3. NSC Special Coardinatian Committee
1-301'.:=. 'Membership jhe' 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 Presi-
dent 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
? Certain technical terms are defined in Section 4-2.
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THE PRESIDENT
the members of the SCC shall include the Secretary of State, the Secretary of
Defense, the Attorney General, 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 operations-
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
d
Defense, the Attorney General, the Director of the Office of Management an
Budget, the Assistant to the President for National Security Affairs, the Chair-
man of the Joint Chiefs of Staff, 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 coun-
terintelligence policy;
(C) Developing and monitoring guidelines consistent with this Order for the
maintenance of central records of counterintelligence information;
(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 assess-
ment of the effectiveness. of the United States counterintelligence activities; and
(e) Approving counterintelligence activities which, under such standards as
may be established by the President, require SCC approval.
1-305. Required Membership. The SCC shall discharge the responsibilities
ideration in a meeting
f
l
ter cons
y a
assigned by sections 1-302 through 1-304 on
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. A/ipeals. Any member of the SCC may appeal any decision to the
President or the NSC..
National ForeignInklligenctBoa+d
1-401. Establishmnertt and. Duties. There is established a National Foreign
.,'Intelligence Boai3 (NFIB) to. advise the Director of Central Intelligence con-
cerning: _e.;ffn
intrllivet7[e
cadge
C
... 6.
.
(b) The National roreign Inacu.gen
(c) Interagency exchanges of foreign intelligence information; -
(e) The protection of intelligence sources and methods; _
(g) Other matters referred to it by the Director of Central Intelligence.
f, _t_n t..e
h red by the Director of Central
N FI
c
Intelligence and shall include other appropriate officers of the CIA, the office of
__ _C C....v the TlLnnrtm Pnt of
t Intelligent --
f C
en
o
the Director a.-.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
resentative of the Assistant to the President for
A re
FBI
h
d
p
e
t
Agency an
. National Security Affairs may attend meetings of the NFIB as an observer. : =s
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1-403. Restricted Membership and Observers. When the NFIB meets for the
purpose of section 1-401(a), it shall be composed solely of the senior intelli-
gence 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 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 collec-
tion means, and ensures the resulting intelligence flow is routed immediately to
relevant components and commands;
(d) Provides advisory tasking concerning collection of national foreign
intelligence to departments and agencies having information collection capabil-
ities 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 Direc-
tor 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 temporarily during
regular practice exercises all responsibilities and authorities of the Director of
Central Intelligence concerning- the NITC.
1-6. The Director of Central Intelligence
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:
(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 Ex-
ecutive 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 spokesperson 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,
.(d) Develop, consistent with the requirements and priorities established by
the I'RC, such objectives and guidance for the Intelligence Community as will
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enhance capabilities for responding to expected future needs for national
foreign intelligence;
(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;
(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.
1-602. 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 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 respon-
sibilities;
(c) 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 appro-
priated 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 Management and Budget, but
.shall do so only after consultation.with the head of the department affected and
appropriate consultation with the Congress;
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(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 Intelligence shall monitor National Foreign
Intelligence Program implementation and may conduct program and perfor-
mance audits and evaluations.
1-603. Responsibility For National Foreign Intelligence. The Director 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 organizations, 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 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 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;
agencies.
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 Intelli-
gence, relevant to the national intelligence needs of the departments and
(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. 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 Intelligence, shall,
in accordance with law and relevant Attorney General procedures, give the
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 Intelli-
gence 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,-in- '
spect, 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;
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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 PRC and the SCC,
in accordance with applicable law and Attorney General procedures, the infor-
mation 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;
1-712. Execute. programs to protect against overclassification of foreign
intelligence;
1-713_ Instruct. their employees to cooperate fully with the Intelligence
Oversight Board; and
1-714. Ensure that the Inspectors 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 otherwise
obtainable, and develop, conduct, or provide support for technical and other
programs which collect national foreign intelligence. The collection of informa-
tion 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 Government;
other agencies within the Intelligence Community;
coordinate counterintelligence activities conducted outside the United States, by
narcotics production and trafficking,.
coordination with the FBI and subject to the approval of the Attorney General;
conductVcounterintelligence activities within the United States. but only in
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 Com-
munity as directed by the NSC
1-810. Carry out or contract for research, development and procurement
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.
1-807. Coordinate the collection outside the United States of intelligence
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1-1101.. Collect national foreign intelligence. and be responsive to collet
tioti tasking by the NITC; :
1-1102.. Collect, produce and disseminate foreign military and military-
related intelligence information, including scientific, technical, political, geo-
graphic and economic information as required for. execution 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 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 proce-
dures agreed upon by the Secretary of Defense and the Attorney General, and
produce and disseminate counterintelligence studies and reports;
agreed upon by the Secretary of the Treasury and the Attorney General_
surveillance, and :those activities shall be conducted pursuant to procedures
acquired intentionally through such activities except to protect against such
and, as authorized by the. Secretary of the Treasury or the President, other
Secret Service- protectees and United States officials. No information shall be
THE PRESIDENT
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 proprietaryarrangements.
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, scientific,
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 responsibil-
ities; .
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 Community
to the Chiefs of United States Missions abroad; and
1-906 Support Chiefs of Mission in discharging their statutory responsi-
bilities for direction and coordination of mission activities.
1-10. The Department of the Treasury. The Secretary of the Treasury shall:
1-1001. 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 responsi-
bilities; 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,
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1-1105. Direct, operate, control and provide fiscal management for the
National Security Agency and for defense and military intelligence and national
reconnaissance entities;
1-i 106. Conduct, as the executive agent of the United States Government,
signals intelligence and communications security activities, except as otherwise
directed by the NSC;
1-1107. Provide for the timely transmission of. critical intelligence, as
defined by the Director of Central Intelligence, within the United States
Government;
1-1108. Review budget data and information on Department of Defense
programs within the National Foreign Intelligence Program and review budgets
submitted by program managers to the Director of Central Intelligence to
ensure the appropriate relationship of the National Foreign Intelligence Pro-
gram elements to the other elements of the Defense program;
.1-1109. Monitor, evaluate and conduct performance audits of Department
of Defense intelligence programs;
1-1110. Carry out or contract for research, development and procurement
of technical systems and. devices relating to authorized intelligence functions;
1-1111. Together with the Director of Central Intelligence, ensure that
there is no unnecessary overlap between national foreign intelligence programs
and Department of Defense intelligence programs and provide the Director of
Central Intelligence all information necessary for this purpose;
1-1112. Protect the security of Department of Defense installations, activi-
ties,, information and personnel by appropriate means including such investiga-
tions of applicants, employees, contractors and other persons with similar
associations with the Department of Defense as are necessary; and
1-1113. Conduct such administrative and technical support activities with-
in and outside the United States as are necessary to perform the functions
described in sections 1-1101 through 1-1112 above.
1-12. Intelligence Components Utilized by the Secretary of Defense. In carrying out the
responsibilities assigned in sections 1-1101 through 1-1113, the Secretary of
Defense is authorized to utilize the following:
1-1201. Defense Intelligence Agency, whose responsibilities shall include:
(a) Production or, through tasking and coordination, provision of military
and military-related intelligence for the Secretary of Defense, the Joint Chiefs
oiStaff, other Defense.components, and, as appropriate, non-Defense agencies;
:?? (b) Provision of military intelligence for national foreign intelligence prod-
ucts
:., (c) Coordination : of all Department of Defense intelligence collection
requirements for departmental needs;
(d) Management of the Defense Attache system; and
(e) Provision of foreign intelligence and counterintelligence staff support as
directed by the Joint Chiefs of Staff. . .
1-120`2. National Security Agency (NSA), whose responsibilities shall include:
(a) Establishment and operation of an effective unified organization for
signals intelligence" activities, except for the delegation of operational control
over certain operations that are conducted, through other elements of the
Intelligence Community. No other department or agency may engage in signals
intelligence activities except pursuant to a delegation by the Secretary of
Defense;
(b) Control of signals intelligence collection and processing activities,
including assignment of resources to an appropriate agent for such periods and
tasks as required for the direct support of military commanders;
(c) Collection of signals intelligence information for national foreign intelli-
gence purposes in accordance with tasking by the NITC; .
FEDPRAL REGISTER, VOL 43, NO. 19-THURSDAY, JANUARY 26, 1978
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 (d) Processing of signals intelligence data for national foreign intelligence
purposes consistent with standards for timeliness established by the Director of
Central Intelligence;
(e) Dissemination of signals intelligence information for national foreign
intelligence purposes to authorized elements of the Government. including the
military services, in accordance with guidance from the NITC;
(f) Collection, processing, and dissemination of signals intelligence infor-
mation 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 provision 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 distribu-
tion 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. Ofjues for the collection of specialized intelligence through reconnaissance
programs, whose responsibilities shall include:
(a) Carrying out consolidated reconnaissance programs for specialized
intelligence;
(b) Responding to tasking through the NITC; and
(c) Delegating authority to the various departments and agencies for
research, development, procurement, and operation of designated means of
collection.
1-1204. The foreign intelligence and counterintelligence elements of the militai7
services, whose responsibilities shall include:
(a) Collection, production and dissemination of military and military-related
foreign intelligence, including information on indications and warnings, foreign
capabilities. plans an&weapons systems, scientific and technical developments
and narcotics production and- trafficking. When, collection . is conducted in
response to national foreign intelligence 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
witnun the uru.c...,.u~.....~- --
(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 appropriate for conduct
of the intelligence missions and responsibilities assigned to the Secretary of
Defense. If such other offices are used for intelligence purposes, the provisions
of Sections 2-101 through 2-309 of this Order-shall- apply to those offices when
used for those purposes.
FEDERAL REGISTER, VOL 43, NO. 18-THUx5DAY, JANUARY 26, 1973
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I-13. The Department of Energy. The Secretary of Energy shall:
1-1301. Participate with the Department of State in overtly collecting
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 analysis
requirements where the special expert capability of the Department can
contribute; and
1-1304. Provide expert technical, analytical and research capability to other
agencies within the Intelligence Community.
1-14. The Federal Bureau of Investigation. Under the supervision of the Attorney
General and pursuant to such regulations as the Attorney General may establish,
the Director of the FBI shall:
1-1401. Within the United States conduct counterintelligence and coor-
dinate 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 F13I 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 officials of
the Intelligence Community designated by the President, lawful activities under-
taken to collect foreign intelligence or support foreign intelligence collection
requirements of other agencies within the Intelligence Community;
1-1404. Produce and disseminate foreign intelligence, counterintelligence
and counterintelligence studies and reports; and
. 1-1405. Carry. out or contract for research, development and procurement
of technical systems and devices relating to the functions authorized above.
1-15. The Drag En forcement 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 coordination with
other agencies with responsibilities in these areas;
?J-1502. Participate with the Department of State in the overt collection of
general foreign political, economic and agricultural information relating to
narcotics production and trafficking, and
;.. 1-1503.:. Coordinate with' the Director of Central Intelligence to ensure
' ... f TC A ....v ~w..e.ctsnt w;tt1 ter
foreign intelligence programs. .
SECTION 2
RESilucrtoNs ON INTELLIGENCE ACTIVITIES
of foreign powers, organizations, or persons and-their agents is essential to
informed decision-making in the areas of national defense and foreign relations-
The measures employed to acquire such information 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
FEDERAL Ri:GISTER, VOL 43, NO. 13-THURSDAY, JANUARY 26,1975
2-101 Purposa.Information about the capabilities, intentions and activities
2-1., Adherence to Lain
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L..
"'~ ,_~;w '~i...v~.~''~~i w- r?t.'~.'i~S,iP%~'"E=e_~:ptia~^r.~.a~-;...c:y; ~ - %^.~',~jr~~t-'fi'iel~l'ebY ~, jj-~v' -3iM.-) ~.'. 'Z;
the proper balance between protection of individual 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 exemp-
tion from any other law.
2-2. Restrictions on Certain Collection Techniques. .
2-201. General Provisions.
(a) The activities described in Sections 2-202 through 2-208 shalt 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 informa-
tion is gathered by the least intrusive means possible, and limit use of such
information to lawful governmental purposes.
(b) 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 authorized the type of activity involved
and the Attorney General has both approved the particular activity and deter-
mined 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 Com-
munity 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 Commnunity in the use of electronic communica-
tions equipment, testing by such agencies of such equipment, and the use of
measures to determine the existence and capability of electronic surveillance
equipment being used unlawfully shall not be prohibited and shall also be
governed by such procedures. Such activities shall be limited in scope and
duration to those necessary to carry out the training, testing or countermeasures
purpose. No information derived from communications intercepted in the
course of such training, testing or use of countermeasures may be. retained or
used for any other purpose.
2-203.. Television Cameras and Other Monitoring. No agency within the Intelli-
gence 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 Community
except the FBI may conduct any unconsented physical searches within the
United States. All such searches conducted by the F131, as well as all such
searches conducted by any agency within the Intelligence Community outside
the United States and directed against United States persons, shall be under-
taken only as permitted by procedures established pursuant to Section 2-201-
2-205. Mail Surveillance. No agency within the Intelligence Community
shall open mail or examine envelopes in United States postal channels, except in
accordance with applicable statutes and regulations. No agency within the
Intelligence Community shall open mail of a United States person abroad except
as permitted by procedures established pursuant to Section 2-201.
2-206. Physical Surveillance. The FBI may conduct physical surveillance
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:
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(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 identifying 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 surveillance. 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 employees 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 appropriate officials of the organization, except as
permitted by procedures established pursuant to Section 2-201. Such proce-.
dures 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 review by
the Attorney General. Those procedures shall further limit undisclosed partici-
pation to cases where: -
(a) The participation is undertaken on behalf of the FBI in the course of a
lawful investigation; - _ ,
are not United States persons and is reasonably believed to be acting on behalf
(c) The participation is'strictly limited in its nature, scope and duration to
d i
s a
that necessary for other lawful purposes relating to foreign intelligence an
bli
c
type of participation?approved by the Attorney General and set forth in a pu
document. No such participation may be undertaken for the purpose of influenc-
ing the activity of the organization or its members.
Intelligence Community may collect, disseminate or store information concern-
l
`: ing the activities of United States persons that is not available puwiuy, un ess rt
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:
or activities. that constitutes foreign intelligence or counterintelligence;
(b) Information arising out of a lawful counterintelligence or personnel,
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 appli-
cants for any such employment or. contracting, which is needed co protect
"foreign intelligence or counterintelligence sources or methods from unautho-
rized disclosure;
FEDERAt 52t+61STER, VOL 43, NO. 1S-THU*SDAY, JAWJARY 26,1979
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