EXECUTIVE ORDER FOR THE INTELLIGENCE COMMUNITY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00142R000200070022-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 46
• Document Creation Date: December 12, 2016
• Document Release Date: June 12, 2002
• Sequence Number: 22
• Publication Date: January 8, 1978
• Content Type: MF

D ~~ I )
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January 8, 1978
DDIA Registry
/ t 1
Samuel M. Hoskenson
NSC Staff
DD/A Registry
- Ct1.v
File
THE
VICE PRESIDENT
THE
SECRETARY
OF DEFENSE
THE
ATTORNEY
GENERAL
THE
DIRECTOR
OF CENTRAL INTELLIGENCE
THE
COUNSEL TO THE PRESIDENT
SUBJECT: EXECUTIVE ORDER FOR THE INTELLIGENCE COMMUNITY
Enclosed is a copy of the draft of the proposed
new Executive Order for the Intelligence Community that
will be presented to the President on Monday morning. It
has been reviewed by senior officials of CIA, Defense,
Justice, the NSC Staff and the Office of the Counsel to
the President.
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I have issued today an Executive Order concerning the
organization and control of United States foreign intelligence
activities. It is the product of the most extensive and
highest level review ever conducted through the National
Security Council system of our nation's foreign intelligence
activities and of an unprecedented dialogue with the Con-
gressional oversight committees.
The new Order, which builds on the experience under
President Ford's Executive Order 11905, is intended to pro-
vide a foundation for the drafting of statutory charters
and I intend to work closely with Congressional leaders
to enact such legislation. Until then, however, the
new Order will:
-- ensure that foreign intelligence and counterintelligence
activities are conducted in full compliance with the
laws of the United States and are consistent with
broader national security policies;
-- establish effective oversight of the direction, manage-
ment and conduct of the foreign intelligence activities
of the federal government;
-- clarify the authority and responsibilities of the Director
of Central Intelligence (DCI) and the departments and
agencies that have foreign intelligence and counter-
intelligence responsibilities.
The most important features of the new Executive Order
are as follows:
1. The National Security. Council and its two standing
committees--the Special Coordination Committee
(SCC) and Policy Review Committee (PRC) will,
short of the President, provide the highest level
review of guidance of the policies and practices
of the Intelligence Community.
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-- The PRC, when acting on intelligence matters,
will be chaired by the DCI, and is charged
with defining and establishing priorities
for consumer requirements for intelligence,
making sure these are reflected in budget
decisions and evaluation of analytical products.
This ensures that the needs of the most important
users of intelligence will guide the entire
intelligence process.
-- The SCC, chaired by the Assistant to the
President for National Security Affairs,
will review and make recommendations to the
President on the most sensitive intelligence
operations and, as appropriate, on collection
activities. This committee will also, for
the first time, assume responsibility for
developing policy for and coordination of
all counterintelligence activities.
2. The authorities and responsibilities of all depart-
ments, agencies and senior officials engaged in
foreign intelligence and counterintelligence activi-
ties are being made public and those implementing
directives which must for security reasons remain
classified will be made available to the appropriate
Congressional oversight committees. The new
Order implements my earlier decision to centralize
under the DCI the most important national intel-
ligence management functions--collection, requirements,
budget control, and analysis--while leaving unchanged
and decentralized operational and support activities.
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The specific operational responsibilities of each
of the elements of the Intelligence Community,
as well as their most important community relation-
ships, are spelled out. Two important new organiza-
tional mechanisms are-established to facilitate
these functions:
-- The National Intelligence Tasking Center,
operating in peacetime under the control
of the DCI and, under the Secretary of
Defense during war, will be responsible for
coordinating and tasking national foreign
intelligence collection programs.
-- The National Foreign Intelligence Board,
which includes the members of the Intelligence
Community, is an advisory body to the DCI
on all national intelligence activities and
the budget.
Our intelligence agencies have a critical role
to play in collecting and analyzing information
important to our national security interests and,
on occasion, acting in direct support of major
foreign policy objectives. It is equally impor-
tant, however, that the methods employed by these
agencies meet Constitutional standards protecting
the privacy and civil liberties of U.S. persons
and are in full compliance with the law.
To accomplish this objective a major section of
the Executive Order is devoted entirely to setting
forth detailed restrictions on intelligence col-
lection, covert activities in support of foreign
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policy objectives, experimentation, contracting,
assistance to law enforcement authorities, per-
sonnel assigned to other agencies, indirect
participation in prohibited activities, dissemi-
nation and storage of information and a prohibition
on assassinations. The FBI's intelligence activitie:
no longer have a blanket exception to these
restrictions.
At the heart of the restriction process is a greatly
enhanced role for the Attorney General, as the
nation's top legal officer, to establish and
approve procedures to regulate the conduct of
the most sensitive intelligence activities. These
detailed procedures, which will be made available
to the Congressional oversight committees, will
ensure compliance with the law, protect consti-
tutional rights and privacy, and ensure that any
intelligence activity within the United States
or directed against Americans employs the least
intrusive means possible and that the use, dis-
semination and storage of such information is
limited to that necessary to achieve lawful
governmental purposes.
4. As an added protection against abuses and to help
ensure effective performance, the intelligence
oversight process is strengthened.
-- The Intelligence Oversight Board is retained
and its responsibilities for review of foreign
intelligence activities that may be illegal
or improper is extended to the counterintelli-
gence.area and it is given new authority
to conduct investigations.
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-- The DCI and senior officers of the Intelli-
gence Community are instructed to report
to the Congressional intelligence committees
in a complete and prompt manner.
I believe that this Executive Order represents an
important step forward in assuring the American people that
their intelligence agencies will be working effectively
for them and not infringing on their legal rights. The
next step will be to establish these authorities and re-
strictions in legislation binding on this and future
Administrations.
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 INDEX
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SECTION 1 DIRECTION, DUTIES AND RESPONSI-
BILITIES WITH RESPECT TO THE
NATIONAL INTELLIGENCE EFFORT
1-1 National Security Council 1
1-2 NSC Policy Review Committee 1
1-3 NSC Special Coordination Committee 2
1-4 National Foreign Intelligence Board 4
1-5 National Intelligence Tasking Center 5
1-6 The. Director of Central Intelligence 7
1-7 Senior Officials of the Intelligence
Community 10
1-8 The Central Intelligence Agency 12
1-9 The Department of State 13
1-10 The Department of the Treasury 14
1-11 The Department of Defense 15
1-12 Intelligence Components used by
Secretary of Defense 16
1-13 The Department of Energy 20
1-14 The Federal Bureau of Investigation 20
1-15 The Drug Enforcement Agency 20
SECTION 2 RESTRICTIONS ON INTELLIGENCE
2-1 Adherence to Law 21
2-2 Restrictions on Certain
Collection Techniques 22
2-201 General Provisions 22
2-202 Electronic Surveillance 23
2-203 Television Cameras and Other 24
2-204 Physical Searches 24
2-205 Mail Surveillance 24
2-206 Physical Surveillance 24
2-207 Undisclosed Participation in
Domestic Organizations 25
2-208 Collection of Nonpublicly
Available Information 26
2-3 Additional Restrictions
and Limitations 28
2-301 Tax Information 28
2-302 Restrictions on Experimentation 28
2-303 Restrictions on Contracting 28
2-304 Restrictions on Personnel
Assigned to Other Agencies 28
2-305 Prohibition on Assassination 29
2-306 Restrictions on Special Activities 29
2-307 Restrictions on Indirect Participation
in Prohibited Activities 29
2-309 Permisible Assistance to Law
Enforcement Authorities 29
2-310 Permissible Dissemination and Storage
of Information 30
.SECTION 3 OVERSIGHT OF INTELLIGENCE
ORGANIZATIONS 30
3-1 Intelligence Oversight Board 30
3-2 Inspectors General and
General Counsel 31
3-3 Attorney General 32
3-4 Congressional Intelligence Committees 33
SECTION 4 IMPLEMENTATION PROVISIONS
APPENDIX DEFINITIONS
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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, it is
hereby ordered as follows:
DIRECTION, DUTIES AND RESPONSIBILITIES
WITH RESPECT TO THE NATIONAL INTELLIGENCE EFFORT*
1-1. National Security Council.
1-101. Purpose. The National Security Council (NSC)
was 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's Policy Review Committee
and Special Coordination Committee, in accordance with pro-
cedures established by the Assistant to the President for
National Security Affairs, shall assist in carrying out
its responsibilities in the foreign intelligence field.
1-2. NSC Policy Review Committee.
1-201. Me:.jership. The NSC Policy Review Committee
(PRC), when functioning pursuant to responsibilities assigned
in this Order, shall be 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, the Chairman of the Joint Chiefs
of Staff, the Director of Central Intelligence, who shall
chairman, or their designees, and other senior officials,
as appropriate.
Certain technical terms are defined in the Appendix
to this Order.
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1-202. Duties. The PRC shall:
(a) Establish requirements and priorities for national
foreign intelligence;
(b) Conduct periodic reviews of national foreign intel-
ligence products, evaluate analytical intelligence product
performance, develop policy for assuring high quality intel-
ligence products, and provide guidance in areas requiring
change;
(c) Review the National Foreign Intelligence Program
and budget proposals and submit comments to the President
to assure that all resource allocations for intelligence
capabilities are responsive to the intelligence require-
ments of the r.!embers of the NSC as consumers; and
(d) Sub.m_t annual reports to the NSC on acti-
vities of the Committee.
1-203, Recommendations of the PRC on intellige -
matters may be appealed to the President and/or the NSC
by any member of the PRC.
1-3. NSC Special Coordination Committee.
1-301. ;Membership. The NSC Special Coordination Committ
(SCC) is chaired by the Assistant to the President for Nationa
Security Affairs and its membership includes the statutory
me:cbers of t'-:e :NSC and other senior officials, as appropriate.
1-302. Special Activities. The SCC shall consider
and submit to the President a policy recommendation, including
all dissents, on each special activity. When meeting for
this purpose, the members of the SCC shall include the
Secretary of State, the Secretary of Defense, the Attorney
General, the Director of the Office of Management and Budget,
the Assistant to the President for National Security Affairs,
the Chairman of the Joint Chiefs of Staff, and the Director
of Central Intelligence.
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1-303. Sensitive Foreign Intelligence Collection
Operations. The SCC shall, under standards established
by the President, consider and submit to the President a
policy recommendation, including all dissents, on sensitive
foreign intelligence collection operations, or approve such
operations. When meeting for this purpose, the members of
the SCC shall include the Secretary of State, the Secretary
of Defense, the Assistant to the President for National
Security Affairs, the Director of Central Intelligence, and
such other members as 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 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, the Director of Central Intelligence, and
the Director of the FBI. The SCC's counterintelligence
functions shall include:
(a) Deveycping standards and doctrine for the counter-
intelligence activities of the United States;
(b) Resolving interagency differences concerning
implementation of counterintelligence policy;
(c) Developing and monitoring guidelines consistent
with this Order for the maintenance of central records of
counterintelligence 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
assessment of the effectiveness of the United States counter-
intelligence activities; and
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(e) Approving counterintelligence activities
under such standards as may be established by the President,
require SCC approval.
1-305. Required Membership. The SCC shall discharge
the responsibilities assigned by sections 1-302 through
1-304 only after consideration in a meeting at which all
designated members are present or, in unusual circumstances
when any such me_nber is unavailable, when a designated
representative of the member attends.
1-306. Ad.:_tional 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) ;arr;~ 3ut such other coordination and review
activities as the President may direct.
als. Any member of the SCC may appeal
any decision to the President and/or the NSC.
1-4. National =:reign. Intelligence Board..
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 intelligence;
(b) the National Foreign Intelligence Program budget;
(c) interagency exchanges of foreign intelligence
information;
(d) arrangements with foreign governments on intel-
ligence matters;
(e) the protection of intelligence sources and methods;
(f) activities of common concern; and
(g) other matters referred to it by the Director of
Central Intelligence.
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1- 402. Membership. The NFIB shall be chaired by thr,
Director of Central Intelligence and shall include other
appropriate officers of the CIA, the Department of State,
the Department of Defense, the Department of Justice, the
Department of the Treasury, the Department of Energy, the
Defense Intelligence Agency, the offices within the Depart-
ment of Defense for reconnaissance programs, the National
Security Agency and the FBI. A representative of the
Assistant to the ?resident for National Securities Affairs
may attend meetings of the NFIB as an observer.
1-':03. esuired Membership and Observers. When the
IIFTB meets for the purpose of section 1-4Ol(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 such
meetings of the 1FIB as observers.
;a` on -elligence Tasking Center.
1-5:01. Establishment. There is established a National
Intelligence -asking Center (NITC) under the direction,
control and management of the Director of Central Intel-
ligence for coordinating and tasking national foreign
irate lige_~ce collection activities. The NITC shall be
staffed joie-17
by civilian and military personnel including
designated representatives of the chiefs of each of the
Department o? Defense intelligence organizations engaged
i
n
national foreign intelligence activities. Other agencies
within the Intelligence Community may also designate repre-
sentatives.
1-502. Responsibilities. The NITC shall be the central
mechanism by which the Director of Central Intelligence:
(a) Translates national foreign intelligence require-
ments land priorities developed by the PRC into specific
collection objectives and targets for the Intelligence
Com_muni ty;
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(b) Assigns targets and objectives to national foreign
intelligence collection organizations and systeLn,s;
(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 immedi-
ately to relevant components and commands;
(d) Carries out the responsibilities assigned in
subsections (a), (a) and (c) of this section in time of
crisis to integrate Intelligence Community collection efforts
in support of the NSC and the SCC in crisis management
activities; and.
(e) Pro7ides advisory tasking concerning collection
of national foreign intelligence information to departments
and. agencies information collection capabilities
or intelligence assets that are not a part of the National
Roreign In-el.i.ence Program. Particular emphasis shall
be placed on increasing the contribution of departments
or agencies ;e 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 u ; appeal such a resolution to the PRC; pending
the PRO's decision, the tasking remains in effect.
Transfer of Authority. All responsibilities
and authorities of the Director of Central Intelligence
concerning the NITC shall be transferred to the Secretary
of Defense upon the express direction of the President.
To maintain readiness for such transfer, the Secretary of
Defense shall, with advance agreement of the Director of
Central Intelligence, assume temporarily during regular
practice exercises all responsibilities and authorities
of the Director of Central Intelligence concerning the NITC.
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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 elsewhere specified in this Order, shall:
(a) Act as the primary adviser to the President and
the NSC on national foreign intelligence and provide the
President and other officials in the Executive Branch with
national foreign intelligence;
(b) Act as the head of the CIA and of such staff element:
as may be required for discharge of the Director's Intel-
ligence Community responsibilities;
(e) Act, in appropriate consultation with the depart-
ments and agencies, as the Intelligence Community's principal
spokesperson to the Congress, the news media and the public,
and facilitate use of national foreign intelligence
products by the Congress in a secure manner;
(d) Deve_~:, consistent with the requirements and
priorities established by the PRC, such objectives and
guidance for Intelligence Community as will enhance
capabilities for responding to expected future needs for
national foreign intelligence;
(e) Promote the development and maintenance of services
of common oonoern by designated foreign intelligence organiza-
tions on behalf of the Intelligence Community;
(f) Ensure implementation of 'special activities;
(g) Formulate policies concerning intelligence arrange-
ments 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 overclassifica-
ticn of foreign intelligence information;
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(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 require,
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 n_3: Within the Intelligence Community; and
(m) Establish appropriate committees or other advisory
groups to assist in the execution of the foregoing responsi-
bilities.
1-5 2. 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
Pros= budget submitted to the President. Pursuant to
this "hor_'"y:
=) 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 devel o_,cerit and submission of proposed national pro-
grams and budgets to the Director of Central Intelligence
by the program managers and heads of component activities
in the format designated by the Director of Central Intel-
ligence, and shall also ensure that the Director of Central
A Eq, iF?X ~eaf ve manner,
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(c) The Director of Central Intelligence shall review
and evaluate the national program and budget sub.n scions
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 heeds of the departments and agencies shall,
in consultation with the Director of Central Intelligence,
establish rates of obligation for appropriated funds;
(f) The Director of Central Intelligence shall have
full and exclusive authority for reprogramming National
Foreign Tntelli once Program funds, within guidelines
established by the Office of Management and Budget, but
shall do so =_ after appropriate consultation with the
head of the department affected and the Congress;
(g) The departments and agencies may appeal to the
President decisions by the Director of Central Intelligence
on national intelligence program, budget or reprogramming
matters;
(n) The Director of Central Intelligence shall monitor
National Foreign Intelligence Program implementation and
may conduct program and performance audits and evaluations.
l- 3 . Pesoonsibility For National Foreign Intelligence.
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
departmental intelligence production organizations, in
consultation with that organization. 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.
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1-604. Protection of Sources., Methods and Procedures.
The Director of Central Intelligence shall ensure that program
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
the Director of Central Intelligence, or by persons or
organizations presently or formerly under contract with
s ich ntities; ?n4
(b) Providing policy, guidance and technical assistance
to departments and agencies regarding protection of intelli-
gence information, including information that may reveal
.intelligence sources and methods.
1-SC5. -e-oonsibility of Executive Branch Agencies.
The heads of all Executive Branch departments and agencies
shall, i- ac c.~ ante with law and relevant Attorney General
procedures. give the Director of Central Intelligence access
to all _nf--r:n_t on relevant to the national intelligence
needs of t-e United States and shall give due consideration
to requests from the Director of Central Intelligence for
,c~.- r__ e cart for CIA activities.
1-606. Access to CIA Intelligence. The Director of
Centra.. =ntelligence, shall, in accordance with law and
rele a_. ,tcr::ey General procedures, give the heads of
the ea,Tt~ents and agencies access to all intelligence,
deve'1o:Ded by the CIA or the staff elements of the office
of the Director of Central Intelligence, relevant to the
national intelligence needs of the departments and agencies.
1-7. Senior Officials of the Intelligence Community.
The senior officials of each of the agencies within the
Intelligence Community shall:
1-1701. Ensure that all activities of the agencies
within the Intelligence Community are carried out in accor-
lay,
dance with applicable
3
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1-702. Make use of the capabilities of other agencies
within the Intelligence Community in order to achieve_- 2ffieie,
and mutual assistance;
1-703. Contribute in their areas of responsibility
to the national foreign intelligence products;
1-70'E. Establish internal policies and guidelines
governing employee conduct and ensure that such are made
known to each employee;
1-705. Provide for strong, independent, internal means
to identify, inspect, and report on unauthorized activity;
1-7G6. ?wort 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 fei r_= criminal laws specified in guidelines
adopted by the Attorney General;
any case involving serious or continuing
breaches of security, recommend to the Attorney General
that referred to the FBI for further investigation
1-'03. Furnish the Director of Central Intelligence,
the PFC and the SCC, in accordance with applicable law and
Atto-ney General procedures, the information required for
the perfornarce of their respective duties;
l-7~~. Report to the Intelligence Oversight Board,
and aeo the Director of Central Intelligence appropriately
infor'ned, concerning any intelligence activities of their
organizations raise questions of legality or propriety;
1-71~. Protect intelligence and sources and methods
consistent with guidance from the Director of Central Intel-
ligence 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 overcias-
sificaLion of foreign intelligence;
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1-713. Instruct their employees to cooperate full.v
with the Intelligence Oversight Board; and
1-711. 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 intel-
ligence functions set out below. As authorized by the
National Security Act of 1947, as amended, the CIA Act of
194'9, 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
cc ;ec4 ::tic~al foreign intelligence. The collection of
information within the United States shall be coordinated
with t _ ~~_ : rsaant to procedures agreed upon by the
Director of Central Intelligence and the Attorney General;
1- ?roduce and disseminate foreign intelligence
relating to the national security, including foreign political
economic, Scientific, technical, military, geographic and
sociclc.il intelligence to meet the needs of the President,
the NC, and other elements of the United States Government;
1-83. :Cllect, produce and disseminate intelligence
on foreign aspects of narcotics production and trafficking;
1-8n ,L. 'Jnoduct counterintelligence activities outside
the Jnited States and coordinate counterintelligence activitie
conducted outside the United States by other agencies within
the Intelligence Community;
1-305. Without assuming or performing any internal
security functions, conduct counterintelligence activities
within the United States, but only in coordination with
the FBI and subject to the approval of the Attorney General;
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1-806. Produce and disseminate counterintelligence
studies and reports;
1-807. Coordinate the collection outside the United
States of intelligence information not otherwise obtainable;
1-808. Conduct special activities approved by the
President and carry out such activities consistent with
applicable law;
1-809. Conduct services of common concern for the
Intelligence Co!=-iunity 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, employees,
contractors, and other persons with similar associations
with the 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 th-o,-gh 1-811 above, including procurement and
essential corer and proprietary arrangements.
1-9. Th =_cartment of State. The Secretary of State shall:
1- c O rertly collect foreign political, sociological,
econoY o, scientific, technical, political-military and
associate.. biographic information;
1-902. Produce and disseminate foreign intelligence
relating to United States foreign policy as required for
the execution of the Secretary's responsibilities;
1-903. Disseminate, as appropriate, reports received
from United States diplomatic and consular posts abroad;
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1-904. Coordinate with the Director of Central Intel-
ligence to ensure that national foreign intelligence activitie.
are useful to and consistent with United States foreign
policy;
1-905. Transmit reporting requirements of the Intel-
ligence Community to the Chiefs of United States Missions
abroad; and
1-906. Support Chiefs of Mission in discharging their
statutory responsibilities for direction and coordination
of mission activities.
1-10. The Department of the Treasury. The Secretary of
the Treasury shall:
1-1001. Overtly collect foreign financial, monetary
and macroeconomic information;
1-1002. Participate with the Department of State in
the overt collection of general foreign economic information;
1-1003. Produce and disseminate foreign intelligence
relating to United States economic policy as required for
the execution of the Secretary's responsibilities; and
1-1004. Conduct through the United States Secret
Service activities to determine the existence and capability
of surveillance equipment being used against the President
of the United States, the Executive Office of the President,
and as authorized by the Secretary of the Treasury or the
President, other Secret Service protectees and United States
officials. No information shall be intentionally acquired
through such activities except to protect against such sur-
veillance, and those activities shall be conducted pursuant
to procedures agreed upon by the Secretary of the Treasury
and the Attorney General.
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1-11. The Department of Defense. The Secretary of Defense
shall:
1-1101. Collect national foreign intelligence and
be responsive to collection tasking by the NITC:
1-1102. Collect, produce and disseminate foreign militar
and military-related intelligence information, including
scientific, technical, political, geographical and economic
information as required for execution of the Secretary's
res~onsi j1 1tjes
1-1103. Conduct programs and missions necessary to
fulfill national and tactical foreign intelligence requirement
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 Sta;es in coordination with the FBI pursuant to
procedures agreed upon by the Secretary of Defense and the
Attcrne;; -;e eras, and produce and disseminate counterintelli-
gence studies and reports;
Direct operate and control and provide fiscal
management for the National Security Agency and for defense
and military intelligence and national reconnaissance entities-
1-1: ~. Conduct, as the executive agent of the United
States ~o;er'n ent, signals intelligence and communications
sec'ari:y a_,~ ties, except as otherwise directed by the
NSC:
?rovide for the timely transmission of critical
intelligence, as defined by the Director of Central Intel-
ligence, within the United States Government;
1-1103. Review budget data and information on Department
of Defense programs within the National Foreign Intelligence
Proor _1 and review budgets submitted by program managers
to the Director of Central Intelligence to ensure the ap-
propriate relationship of the National Foreign Intelligence
Program elements to the other elements of the Defense program;
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 ILLEGIB
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(k) Monitor implementation of Defense programs 14
and conduct program and
performance audits and evaluations
(1). Carry out or contract for research, develop-
merit, and procurement of technical systems and devices !"
relating to authorized functions;
(m) Together with the Director of Central Intelligent
ensure that there is no unnecessary overlap-of national
foreign intelligence programs and Department of Defense
intelligence programs and provide the Director of Central
Tr_telli gents all information as necessary for this purpose;
(n) Protect the security of its installations,
activities, information and personnel, by appropriate
means including such investigations of applicants, em-
ployees, contractors and other persons with similar
associ?tions with the Department of Defense as are
necessary; and
(o) Conduct such administrative and technical
support activities within and outside the United States
as are necessary to perform the functions described in
subparagraphs (a) through (n) above.
Sec 13. Intelligence Components Utilized by
Secretary of Defense. In carrying out. the responsibilities
assigned in Section 12, the Secretary of Defense is au-
thorized to utilize the following:
(a) Defense Intelligence Agency. The Defense
Intelligence Agency whose functions, authorities and
responsibilities shall include:
(1) Production or, through tasking and coordination,
provision of military and military-related intelligence
for the Secretary of Defense, the Joint Chiefs of Staff
ILLEGIB
other Defense components, and, as appropriate, non-Defense
agencies;
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(2) Provision of military intelligence for national
foreign intelligence products;
(3) Coordination of all Department of Defense
:.ntelligence collection requirements for departmental
needs;
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(d) Management of the Defense Attache system; and
(e) Provision of foreign intelligence and counter-
intelligence staff support as directed by the Joint Chiefs
of Staff.
1-1202. National Security Agency (NSA), whose responsi-
bilities shall include:
(a) Establishment and operation of an effective unified
organization for signals intelligence activities, except
for the delegation of operational control over certain operatit-
that are conduced 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 intelligence purposes in. accordance
with tas'.king through the NITC;
(d) ?recessing of signals intelligence data for national
foreign intelligence purposes consistent with standards
for timeliness established by the Director of Central Intel-
ligence;
(a) Disse!ination 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 information for counterintelligence
purposes;
(g) Provision of signals intelligence support for
the conduct of military operations in accordance with tasking,
priorities and standards of timeliness assigned by the Secretar
prveerdeFnoeRele i 2provisi on Io such support requires 700 2 use of
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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 De_ ense as executive agent for the communications security
of the United States Government;
(i) r d.~t of research and development to mee.t
needs of the United States for signals intelligence and
co:n_muni cations security;
(j) Protection of the security of its installations,
act:..'-es, ?oration and personnel by appropriate means
including Such investigations of applicants, employees,
cont,c-v-- --;her persons with similar associations
with the NSA as are necessary; and
(k) -.:'resoribing, 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 an =iong the elements under control of the Director
of t-ie ?;S. A. exercising the necessary
supervi,so-v c ntrol to ensure compliance with the regulations.
"ices for the collection of specialized
intelligence through reconnaissance programs, whose responsi-
bilitIes shall include:
(a) Carrying out consolidated reconnaissance programs
for specialized intelligence;
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(b) Responding to tasking through the NITC; and
(c) Delegating authority to the various departments
and agencies for supervised research, development, procure-
ment, and operation of designated means of collection.
1-1104. The foreign intelligence and counterintelligenc
elements of the military 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 and weapons systems, scientific
and technical developments and narcotics production and
.trafficking. When collection is conducted in response to
national -o^e_gn Intelligence requirements, it will be
tasked by the NITC. Collection of national foreign intel-
lige _oe. _o__rwise obtainable, outside the United States
shall be coordinated with the CIA, and such collection
within the sited States shall be coordinated with the FBI;
(b) Conduct of counterintelligenc.e activities outside
the United States in coordination with the CIA, and within
the nied States in coordination with the FBI, and pro-
duction and dissemination of counterintelligence studies
or reoorts: an
(c) .'Monitoring of the development, procurement and
manze-ent of tactical intelligence systems and equipment
and conduc.in'7 related research, development, and test and
evaluation activities.
1-1105. 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.
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1-13. 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 col-
lection and analysis requirements where the special expert
capability of the Department can contribute; and
1-13024. Provide expert technical, analytical and
research capability to other agencies within the Intelli-
gence Conminunity.
1-1'. - = --_=ral Bureau of Investigation. Under the super-
vision of the Attorney General and pursuant to such regulation
as the i eneral may establish, the Director of the
FBI shall:
Conduct counterintelligence within the United
States and coordinate domestic counterintelligence activities
of other agencies within the Intelligence Community. When
a co:nt _nt~_yigence activity of the FBI involves military
or civilian personnel of the Department of Defense, the
FBI c:oor inate with the Department of. Defense;
1-"4v2. Conduct counterintelligence activities outside
the United States in coordination with the CIA, subject
to The app-oval of the Director of Central Intelligence;
1-1403. Conduct within the United States, when re-
quested by officials of the Intelligence Community designated
by the President, lawful activities undertaken to collect
foreign intelligence or in support of foreign intelligence
collection requirements of other agencies within the Intel
ligence Community;
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1-114014. Produce and disseminate foreign intelligence,
counterintelligence and counterintelligence studies and
reports; and
1-11405. Carry out or contract for research, develop-
ment and procurement of technical systems and devices
relating to the functions authorized above.
1-15. The Drug Enforcement Administration. Under the
su-ervision 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 tra'?_ ki:s in coordination with other agencies with
responsibilities in these areas;
1 =?. Participate with the Department of State
in the overt collection of general foreign political, economic
and agricultural information relating to narcotics produc-
tion and trafficking; and
1-1503. Coordinate with the Director of Central Intel-
ligence cure that the foreign narcotics intelligence
activities of DEA are consistent with other foreign intelli-
gence pro -_ s .
SECTION 2
=ISTRICTIONS ON INTELLIGENCE ACTIVITIES
21. Adherence to Law.
2101. Purpose. Information about the capabilities,
intentions and activities of foreign powers, organizations,
onpersons and their agents is essential to informed
decision-making in the areas of national defense and
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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 ap__ioable laws, are intended to achieve 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 exemption
from any other law.
2-2. ?es;rictions on Certain Collection Techniques.
2-201. General Provisions. The activities described
in Sections 2-202 through 2-208 shall be undertaken only
as permitted by this Order and by procedures established
by the ea the agency concerned and approved by the
Attorney !e--eral. No activity described in section 2-202
thro_;h 2-2:5 shall be undertaken against a United States
person without a judicial warrant, if a warrant would be
required. in a law enforcement context, unless that person
is an a foreign power and the activity has been
authcrize. by the President and approved by the Attorney
General.
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2-203. Electronic Surveillance. The CIA may not
engage in any electronic surveillance within the United
S a s. No agency within the Intelligence Community shall
engage in any electronic surveillance directed against a
United States person abroad or designed to intercept a com-
munication sent from, or intended for receipt within, the
United States except as permitted by the procedures establishe
pursuant to section 2-201. Training of personnel by agencies
in the Intelligence Community in the use of electronic com-
munications 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 these necessary to carry
out the training, testing or countermeasures purpose. No
info ati c terived from communications intercepted in the
course such training, testing or use of countermeasures
may be retained or used for any other purpose.
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2-203. Television Cameras and Other Monitoring. No
agency within the Intelligence Community shall use any
electronic or mechanical device surreptitiously and con-
tinuously 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 un-
consented physical searches within the United States. All
such searches conducted by the FBI, as well as all such
searches conducted by any agency within the Intelligence
Community outside the United States and directed against
United States persons, shall be undertaken only as permitted
by procedures established pursuant to Section 2-201.
2-205. Mail Surveillance. No agency within the
Intelligence 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 known 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:
(a) That person is the subject of a lawful counter-
intelligence or personnel, physical or communications security
investigation;
(b) The surveillance is conducted solely for the
purpose of identifying a person who is in contact with
someone, other than a United States person, who is the
subject of a foreign intelligence or counterintelligence
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(c) The surveillance is conducted outside the United
States and the person being surveilled is reasonably be-
lieved to be acting on behalf of a foreign power, engaging
in international terrorist activities, or engaging in
narcotics production or trafficking; or
(d) That person is being surveilled for the purpose
of protecting foreign intelligence and counterintelligence
sources and methods from unauthorized disclosure.
(e) No surveillance under paragraph (d) of this
section may be conducted within the United States unless
the person being surveilled is a present employee, intel-
ligence 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, intelligency agency contractor or employee of
a contractor or a civilian person employed by a non-intel-
ligence 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-Organi-
zations. 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 pro-
cedures established pursuant to Section 2-201. Such pro-
cedures 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 essentia
to achieving lawful purposes, and that finding is subject
to review by the Attorney General. Those procedures
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shall further limit undisclosed participation to cases
where:
(a) The participation is undertaken on behalf of the
FBI in the course of a lawful investigation;
(b) The organization concerned is composed primarily
of individuals who are not United States persons and is
reasonably believed to be acting on behalf of a foreign
power; or
(c) The participation is strictly limited in its
nature, scope and duration to that necessary for other
lawful purposes relating to foreign intelligence and is
a type of participation approved by the Attorney General
and set forth in a public document. No participation approved
by the Attorney General may be undertaken for the purpose
of influencing the activity of the organization or its
members.
2-208. Collection of Nonpublicly Available Information.
No agency within the Intelligence Community may collect,
disseminate or store information concerning the activities
of United States persons that is not available publicly,
unless it does so with their consent or as permitted by
procedures established pursuant to Section 2-201. Those
procedures shall protect constitutional rights and privacy,
ensure that information is gathered by the least intrusive
means possible, and limit use of such information to lawful
governmental purposes. Those procedures shall further limit
collection, storage or dissemination to the following types
of information:
(a) Information concerning corporations or other
commercial organizations or activities that constitutes
foreign intelligence or counterintelligence;
(b) Information arising out of a lawful counterintelli-
gence or personnel, physical or communications security
investigation;
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(c) Information concerning present or former emplo/ees,
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present or former employees, or applicants for any such
employment or contracting, which is needed to protect foreign
intelligence or counterintelligence sources or methods from
unauthorized disclosure;
(d) Information needed solely to identify individuals
in contact with those persons described in paragraph (c)
of this section or with someone who is not a United States
person and is the subject of a foreign intelligence or
counterintelligence.inquiry;
(e) Information concerning persons who are reasonably
believed to be potential sources or contacts, but only for
the purpose of determining the suitability or credibility
of such persons;
(f) Information constituting foreign intelligence
or counterintelligence gathered abroad by electronic sur-
veillance conducted in compliance with Section 2-203 or
gathered from cooperating sources in the United States;
(g) Information about a person who is reasonably
believed to be acting on behalf of a foreign power,
engaging in international terrorist activities or narcotics
production or trafficking, or endangering the safety of
a person protected by the United States Secret Service or
the Department of State;
(h) Information acquired by overhead reconnaissance
not directed at specific United States persons;
(i) Information concerning United States persons abroad
that is obtained in response to requests from the Department
of State for support of its consular responsibilities relating
to the welfare of those persons;
(j) Information collected, received, disseminated
or stored by the FBI and necessary to fulfill its lawful
investigative responsibilities; or
(k) Information concerning persons or activities that
pose a clear threat to any facility or personnel of an agency
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by the United States Secret Service and the FBI.
2-3. Additional Restrictions and Limitations.
2-301. Tax Information. No agency within the Intelli-
gence Community shall examine tax returns or tax information
except as permitted by applicable law.
2-302. Restrictions on Experimentation. No agency
within the Intelligence Community shall sponsor, contract
for, or conduct research on human subjects except in
accordance with guidelines issued by the Department of
Health, Education and Welfare. The subject's informed consent
shall be documented as required by those guidelines.
2-303. Restrictions on Contracting. No agency within
the Intelligence Community shall enter into a .contract or
arrangement for the provision of goods or services with
private companies or institutions in the United States unless
the agency sponsorship is known to the appropriate officials
of the company or institution. In the case of any company
or institution other than an academic institution, intelligenc
agency sponsorship may be concealed where the head of the
agency determines, pursuant to procedures approved by the
Attorney General, that such concealment is necessary to
maintain essential cover or proprietary arrangements for
authorized intelligence purposes.
2-304. Restrictions on Personnel Assigned to Other
Agencies. An employee detailed to another agency within
the federal government shall be responsible to the host
agency and shall not report to the parent agency on the
affairs of the host agency unless so directed by the host
agency. The head of the host agency, and any successor,
shall be informed of the employee's relationship with the
parent agency.
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2-305. Prohibition of Assassination. No person employed
by or acting on behalf of the United States Government shall
engage in, or conspire to engage in, assassination.
2-306. Restrictions on Special Activities. No component
of the United States Government except an agency within
the Intelligence Community may conduct any special activity.
No such agency except the CIA (or the military services
in wartime) may conduct any special activity unless the
President determines, with the SCC's advice, that another
agency is more likely to achieve a particular objective.
2-307. Restrictions on Indirect Participation in
Prohibited Activities. No agency of the Intelligence Communit-
shall request or otherwise encourage., directly or indirectly,
any person, organization, or government agency to undertake
activities forbidden by this Order or by applicable law.
2-308. Restrictions on Assistance to Law Enforcement
Authorities. Agencies within the Intelligence Community
other than the FBI shall not, except as expressly authorized
by law:
(a) Provide services, equipment, personnel or facilities
to the Law Enforcement Assistance Administration (or its
sucessor agencies) or to state or local police organizations
of the United States; or
(b) Participate in or fund any law enforcement activity
within the United States.
2-309. Permissible Assistance to Law Enforcement
Authorities. The restrictions in Section 2-308 shall not
preclude:
(a) Cooperation with appropriate law enforcement agencie
for the purpose of protecting the personnel and facilities
of any agency within the Intelligence Community;
(b) Participation in law enforcement activities, in
accordance with law and this Order, to investigate or prevent
clandestine intelligence activities by foreign powers, inter-
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(c)
Provision of specialized equipment, technical
knowledge, or expert advice and assistance for use by any
department or agency or, when lives are endangered, to support
local law enforcement agencies. Provision of expert advice
and assistance under this paragraph shall be governed by
procedures approved by the Attorney General.
2-310. Permissible Dissemination and Storage of
Information. Nothing in Sections 2-201 through 2-309 of
this Order shall prohibit:
(a) Dissemination to appropriate law enforcement
agencies of information which indicates involvement in
activities that may violate federal, state, local or foreign
laws;
(b) Storage of information required by law to be
retained;
(c) Dissemination of information covered by Section
2-208 (a)-(j) to agencies within the Intelligence Community
or entities of cooperating foreign governments; or
(d) Lawful storage or dissemination of information
solely for administrative purposes not related to intel-
ligence or security.
SECTION 3
3-1. Intelligence Oversight Board.
3-101. Membership. The President's Intelligence Oversig
Board (IOB) shall function within the White House and shall
have three members who shall be qualified on the basis of,
ability, knowledge, diversity of background and experience.
No member shall have any personal interest in any contractual
relationship with any agency within the Intelligence Com-
munity. One member shall be designated by the President
as chairman.
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3-102. Duties. The IOB shall:
(a) Review periodically the practices and procedures
the Inspectors General and General Counsel with responsi-
bilities for agencies within the Intelligence Community
for discovering and reporting to the IOB intelligence activiti
that raise questions of legality or propriety, and consider
written and oral reports referred under Section 3-201;
(b) Review periodically for adequacy the internal
guidelines of each agency within the Intelligence Community
concerning the legality or propriety of intelligence activitie
(c) Report periodically, at least quarterly, to the
President on its findings; and report in a timely manner
to the President any intelligence activities that raise
serious questions of legality or propriety;
(d) Forward to the Attorney General, in a timely manner,
reports received concerning intelligence activities in which
a question of legality has been raised or which the IOB
believes to involve questions of legality; and
(e) Conduct such investigations of the intelligence
activities of agencies within the Intelligence Community
as the Board deems necessary to carry out its functions
under this Order.
3-103. Restriction on Staff. No person who serves
on the staff of the IOB shall have any contractual or employ-
ment relationship with any agency within the Intelligence
Community.
3-2. Inspectors General and General Counsel. Inspectors
General and General Counsel with responsibility for agencies
within the Intelligence Community shall:
3-201. Transmit reports to the IOB concerning any
intelligence activities that come to their attention and
that raise questions of legality or propriety;
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32
3-202. Promptly report to the IOB actions taken con-
cerning the Board's findings on intelligence activities
that raise questions of legality or propriety;
3-203. Provide to the IOB information requested con-
cerning the legality or propriety of intelligence activities
within their respective agencies;
3-2024. Formulate practices and procedures for.dis-
covering and reporting to the IOB intelligence activities
that raise questions of legality or propriety; and
3-205. Report to the IOB any occasion on which the
Inspectors General or General Counsel were directed not
to report any intelligence activity to the IOB which they
'believed raised questions of legality or propriety.
3-3. Attorney General. The Attorney General shall:
3-301. Receive and consider reports from agencies
within the Intelligence Community forwarded by the IOB;
3-302. Report to the President in a timely fashion
any intelligence activities which raise questions of legality;
3-303. Report to the IOB and to the President in a
timely fashion decisions made or actions taken in response
to reports from agencies within the Intelligence Community
forwarded to the Attorney General by the IOB;
3-304. Inform the IOB of legal opinions affecting
the operations of the Intelligence Community; and
3-305. Establish or approve procedures, as required
by this Order, for the conduct of intelligence activities.
Such procedures shall ensure compliance with law, protect
constitutional rights and privacy, and ensure that any in-
telligence activity within the United States or directed
against any United States person is conducted by the least
intrusive means possible. The procedures shall also ensure
that any use, dissemination and storage of information
about United States persons acquired through intelligence
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governmental purposes.
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33
3-4. Congressional Intelligence Committees. Under such
procedures as the President may establish and consistent
with applicable authorities and duties, including those
conferred by the Constitution upon the Executive and
Legislative Branches and by law to protect sources and
methods, the Director of Central Intelligence and heads
of departments and agencies of the United States involved
in. intelligence activities shall:
3-401. Keep the Permanent Select Committee on Intelli-
gence of the House of Representatives and the Select Committee
on Intelligence of the Senate fully and currently informed
concerning intelligence activities, including any signi-
ficant anticipated activities which are the responsibility
of, or engaged in, by such department or agency. This
requirement does not constitute a condition precedent to
the implementation of such intelligence activities;
3-402. Provide any information or document in the
possession, custody, or control of the department or agency
or person paid by such department or agency, within the
jurisdiction of the Permanent Select Committee on Intelligence
of the House of Representatives or the Select Committee on
Intelligence of the Senate, upon the request of such committee;
3-403. Report in a timely fashion to the Permanent
Select Committee on Intelligence of the House of Represen-
tatives and the Select Committee on Intelligence of the
Senate information relating to intelligence activities that
are illegal or improper and corrective actions that are
taken or planned.
SECTION 4.
IMPLEMENTATION PROVISIONS
4-101. Except as provided in section 4-105 of this
section, this Order shall supersede Executive Order 11905,
"United States Foreign Intelligence Activities " dated
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34
February 18, 1976; Executive Order 11985, same subject,
dated May 13,. 1977; and Executive Order 11994, same subject,
dated June 1, 1977.
4-.102. The NSC, the Secretary of Defense, the Attorney
General and the Director of Central Intelligence shall issue
such appropriate directives and procedures as are necessary
to implement this Order.
4-103. Heads of agencies within the Intelligence Com-
munity shall issue appropriate supplementary directives
and procedures consistent with this Order.
4-104. The Attorney General shall have sole authority
to issue and revise guidelines for the activities of the
.FBI relating to foreign intelligence and counterintelligence.
4-105. Where intelligence activities under this Order
are to be conducted pursuant to procedures approved or agreed
to by the Attorney General, those activities may be conducted
under terms and conditions of Executive Order 11905 and
any procedures promulgated thereunder until such Attorney
General procedures are established. Such Attorney General
procedures shall be established as expeditiously as possible
after the issuance of this Order.
4-106. In some instances, the documents that implement
this Order will be classified because of the sensitivity
of the information and its relation to national security.
All instructions contained in classified documents will
be consistent with this Order. All procedures promulgated
pursuant to this Order will be made available to the Congres-
sional intelligence comrdittees in accordance with Section
3-402.
4-107. Unless otherwise specified, the provisions
of this Order shall apply to activities both within and
outside the United States, and all references to law are
to applicable laws of the United States, including the
Constitution And this Order. Nothing in this Order shall
App?o f sgc2odDg /i1 ~ItIAO-AD~B~'bbff 0biMb7B6Y2-1 uthorized
civil or criminal law enforcement responsibility of any
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APPENDIX
For the purposes of this Order, the following
terms shall have these meanings:
1. Communications security means protective measures
taken to deny unauthorized persons information derived
from telecommunications of the United States Government
related to national security and to ensure the authenticity
of such telecommunications.
2. Counterintelligence means information gathered
and activities conducted to protect against espionage
and other clandestine intelligence activities, sabotage,
international terrorist activities or assassinations
conducted for or on behalf of foreign powers, organi-
zations or persons, but not including personnel, physical,
document, or communications security programs.
3. Electronic Surveillance means acquisition
of a nonpublic communication by electronic means without
the consent of a person who.is a party to an electronic
communication or, in the case of a nonelectronic com-
munication, without the consent of a person who is
visibly present at the place of communication, but
not including the use of radio direction finding equipment
solely to determine the location of a transmitter.
4. Employee means a person employed by, assigned
to, or acting for aii agency within the Intelligence
Community.
5. 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.
6. Intelligence means foreign intelligence and
counterintelligence.
7. Intelligence Community and agency or agencies
within the Intelligence ommunity refer to the following
organizations:
(a) The Central Intelligence Agency (CIA);
(b) The National Security Agency (NSA);
(c) The Defense Intelligence Agency;
(d) The. Offices within the Department of Defense
for the ecllection of specialized national foreign
intelligence through reconnaissance programs;
(e) The Bureau of Intelligence and Research of
the Department of State;
(f) The intelligence elements of the military
services, the Federal Bureau of'Investigation (FBI),
the Department ofthe'Treasury, the Department of Energy,
and the Drug Enforcement Administration (DEA); and
(g) The staff elements of the Office of the Director
of Central Intelligence4
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8. International terrorist activities means any
activity or activities which:
(a) involves killing, causing serious bodily
harm, kidnapping, or violent destruction of property,
or an attempt or credible threat to commit such acts;
and
(b) appears intended to endanger a protectee
of the Secret Service or the Department of State or
to further political, social or economic goals by
intimidating or coercing a civilian population or any
segment thereof, influencing the policy of a government
or international organization by intimidation or coercion,
or obtaining widespread publicity for a group or its
cause; and
(c) transcends national boundaries in terms of
the means by which it is accomplished, the civilian
population, government, or international organization
it appears intended to coerce or intimidate, or the
locale in which its perpetrators operate or seek
asylum.
9. The National Forei n Intelligence Program
'includes the programs listed below, but its composition
shall be subject to review by the President and the
National Sec.r^ity Council:
(a) The programs of the CIA;
(b) she 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 intel-
ligence through reconnaissance except such elements
as the Director of Central Intelligence and the Secretary
of Defense agree should be excluded;
(c) Other programs of agencies within the Intelligence
Community designated jointly by the'Director of Central
Intelligence and the head of the department or by the
President as national foreign intelligence or counter-
intelligence activities;
(d) Activities of the staff elements of the Office
of the Director of Central Intelligence.
(e) Activities to acquire the intelligence required
for the planning and conduct of tactical operations
by the United States military forces are not included
in the National Foreign Intelligence Program.
10. Physical surveillance means an unconsented,
systematic and deliberate observation of a person by
any means on a continuing basis, or unconsented acquisi-
tion of a nonpublic communication by a person not a
party thereto or visibly present thereat through any
me-an$.not involving electronic surveillance. This
definition does not,in diude overhead reconnaissance
not directed at specific United States persons.
11. Special activities means activities conducted
abroad in support of national foreign policy objectives
which are designed 1o further official United States
programs and policies abroad and 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 not
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PP~roduction of inte:ll;igb`l e or related support functions.
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12. United States, when used to describe a place,
includes the territories of the United States.
13. United States person means a citizen of the
United States, an alien lawfully admitted for permanent
residence, an unincorporated association organized
in the United States or substantially composed of United
States citizens or aliens admitted for permanent residence,
or a corporation incorporated in the United States.
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