EXECUTIVE ORDER UNITED STATES INTELLIGENCE ACTIVITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000200020068-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 29
• Document Creation Date: December 16, 2016
• Document Release Date: August 1, 2005
• Sequence Number: 68
• Content Type: REGULATION

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EXECUTIVE ORDER
UNITED STATES
4.LIGENCE ACTIVITIES-
virtue of the authority vested in me by the Constitu-
tion and statutt2s of the United States of America, including the
National Security Act of 1947, as amended, and as President of
the United States of America, in order to provide for the effec-
tive conduct of United States intelligence activities and the
protection of constitutional rights, it is hereby ordered as
follows:
1-1-
SECTION 1
DIRECTION, DUTIES AND
RESPONSIBILITIES WITH
RESPECT TO THE NATIONAL
INTELLIGENCE EFFORT
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, counterintelligence, and special
activities.
1-102. Committees. The NSC shall establish such
committees as .may be necessary to carry out its functions and
responsibilities under this Order.
1-2. National Foreign Intelligence Advisory Groups.
1-201. Establishment and Duties. The Director of
Central Intelligence shall establish such boards, Councils, or
groups as required for the purpose of obtaining advice from
within the Intelligence Community concerning:
-- ? - -
--(a) ' iti? _-6-6-6i-din-aIi-a-ri--6-f lipional.-E:::
...
foreign intelligence;
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(b) Priorities for the National Foreign Intelligence
Program budget;
(c) Interagency exchanges of foreign intelligence infor-
mation;
(d) Arrangements with foreign governments on intelli-
gence matters;
(e) Protection of intelligence sources and methods;
(f) Activities of common concern;
(g) Such other mattes as may be referred by the
Director of Central Intelligence.
1-202. Membership.. Advisory groups established pursuant
to this section shall be chaired by the Director of Central
Intelligence and shall consist of senior representatives from
organizations within the Intelligence Community and from depart-
ments or agencies containing such organizations, as designated by
the Director of Central Intelligence. -Groups for consideration
of substantive intelligence matters will include representatives
of organizations involved in the collection, processing, and
analysis of intelligence. A senior representative of the
Secretary of Commerce, Attorney General, Assistant to the
President for National Security Affairs, and the Office of the
Secretary of Defense shall participate in any group which deals
with other than substantive intelligence matters.
1.3. Director of Central Intelligence.
1-301. Duties and Responsibilities of the Director of
Central Intelligence. In order to discharge the duties and
responsibilities prescribed by law, the Director of Central
Intelligence shall be responsible directly to the NSC and, in
addition to the duties and responsibilities specified elsewhere
in this Order,shall.:
(a) Act as the primary adviser to the President and the
NSC on national foreign intelligence and provide the President
and other officials in the Executive Branch with national foreign
intelligence;
(b) Be the head of the CIA and of such staff elements as
may be required for discharge of the Director's Intelligence
Community responsibilities, - .
- .
(c) Act, in appropriate consultation with the depart--
ments and agencies, as the Intelligence Community's principal
advocate to the Congress, the news media and the public, and
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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 NSC, such objectives and guidance
for the Intelligence Community as will enhance capabilities for
responding to expected future needs for national foreign intelli-
gence;
(e) Promote the development and maintenance of services
of common concern by designated foreign intelligence organiza-
tions on behalf of the Intelligence Community;
(f) Ensure implemen.Cation 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 govern-
ments;
(h) Conduct a program to ensure that foreign intelli-
gence information is adequately protected through proper classi-
fication;
(i) Establish, with the advice of the Intelligence
Community, common security standards and procedures to govern all
individuals and entities having access to or that distribute
foreign intelligence and counterintelligence, provided that such
standards shall not preclude any department or agency from
imposing higher security standards or from complying with
specific statutory requirements applicable to that department or
agency;
(j) Develop, in accordance with applicable law and
restrictions contained in this Order, specific means to protect
intelligence sources and methods from unauthorized disclosure,
including the'establishment of minimum standards and procedures
to govern all individuals and entities having access to or that
distribute information that would reveal these sources and
methods;
(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 intell_igence;. -
(1) Provide appropriate intelligence Co departments and
agencies not within the Intelligence Community;
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vt.
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(m) Establish appropriate committees or other advisory
groups to assist in the execution of the Director's responsibili?
ties;
(n) In accordance with law and relevant procedures
approved by the Attorney General under this Order, give the heads
of the departments and agencies access to all intelligence,
developed by the CIA or the staff elements of the Director of
Central Intelligence, relevant to the national intelligence needs
of the departments and agencies;
(0) Have full responsibility for production and dissemi?
nation of national foreign intelligence and authority to levy
analytic tasks on departmental intelligence production organiza?
tions, in consultation with those organizations, ensuring that
diverse points of view are considered fully and that differences
of judgment within the Intelligence Community are brought to the
attention of national policymakers;
(p) Ensure the timely exploitation and dissemination of
data gathered by national foreign intelligence collection means,
and ensure that the resulting intelligence is disseminated
immediately to appropriate components and commands;
(q) Establish mechanisms to translate national foreign
intelligence cbjectives and priorities developed by the NSC into
specific guidance for the Intelligence Community, and ensure that
such mechanisms are fully responsive to the needs of the
Secretary of Defense in the conduct of military operations;
(r) Provide to departments and agencies having infor?
mation collection capabilities or intelligence assets that are
not a part of the National Foreign Intelligence Program advisory
tasking concerning collection of national foreign intelligence,
with particular emphasis placed on increasing the contribution of
departments or agencies to the collection of information through
overt means;
.,?r?
(s) Resolve conflicts of tasking priority in national
foreign intelligence activities;
(t) Provide guidance for National Foreign Intelligence
Program and budget development to Intelligence Community program
managers and department and agency heads;
(u) Develop, with the advice of the departments and
agens.ies-.concernedthe consolidated.-.National'Foreign ,Iritelli?
gence.Program budget and present it to the President, through the
Office of Management and Budget;
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(v) Present and justify the National Foreign Intelli-
gence Program budget to the Congress;
(w) Review and approve all requests for reprogramming
National Foreign Intelligence Program funds, in accord with
guidelines established by the Office of Management and Budget;
(x) Monitor National Foreign Intelligence Program imple-
mentation and, as necessary, conduct program and performance
audits and evaluations; and
(Y) Together with the Secretary of Defense, ensure that
there is no unnecessary overlpp between national foreign intelli-
gence programs and Department of Defense intelligence and
intelligence-related activities, and provide to and obtain from
the Secretary of Defense all information necessary for this
purpose.
1-4. Duties. and Responsibilities of the Heads of Executive
Branch Dpartments and Agencies.
1-401. The heads of all Executive Branch departments and
agencies shall, in accordance with law and relevant procedures
approved by the Attorney General under this Order, give the
Director of Central Intelligence access to all information
relevant to the national intelligence needs of the United States
and shall give due consideration to requests from the Director of
Central Intelligence for appropriate support for Intelligence
Community activities.
1-402. The heads of departments and agencies involved in
the National Foreign Intelligence Program shall ensure timely
development and submission to the Director of Central Intelli-
gence 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.
1-403. The heads of departments and agencies involved in
the National Foreign Intelligence Program may appeal to the
President decisions by the Director of Central Intelligence on
budget or reprogramming matters of the National Foreign Intelli-
gence Program.
j: -Senior Officidrs- of th_e IriEeIlige-ncd ColT;Imunfizy:
The heads of departments and agencies with organizations
in the Intelligence Community or the heads of such organizations,
as appropriate, shall:
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1-501. Ensure that all activities of their organizations
are carried out in accordance with applicable law and assigned
missions;
1-502. Make use of the capabilities of other agencies
within the Intelligence Community in order to achieve efficiency
and mutual assistance;
1-503. Contribute in their areas of responsibility to
the national foreign intelligence products;
1-504. Establish internal policies and guidelines
governing employee conduct ancl.ensure that such are made known to
each employee;
1-505. Provide for strong, independent, internal means
to identify, inspect, and report on unlawful or improper
activity;
1-506. Report to the Attorney General possible viola-
tions of those federal criminal laws specified in procedures
agreed upon by the Attorney General and the head of the depart-
ment or agency concerned in a manner consistent with the
protection of intelligence sources and methods, as specified in
those procedures;
1-507. 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;
1-508. Furnish the Director of Central Intelligence and
the NSC, in accordance with applicable law and procedures
approved by the Attorney General under this Order, the informa-
tion required for the performance of their respective duties;
1-509. Report to the Intelligence Oversight Committee of
the President's Foreign Intelligence Advisory Board and keep the
Director of Central Intelligence appropriately informed,
concerning any intelligence activities of their organizations
which raise serious questions of legality or propriety;
1-510. Protect intelligence and intelligence sources and
methods from unauthorized disclosure consistent with guidance
from the Director of Central Intelligence and the NSC;
- 1-511. Disseminate intelligence to cooperating foreign :-
governments under arrangements established or.agreed.to by.the
Director of Central Intelligence;
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1-512. Execute programs to protect foreign intelligence
through proper classification;
1-513. Instruct their employees to cooperate fully with
the Intelligence Oversight Committee of the President's Foreign
Intelligence Advisory Board; and
1-514. Ensure that the Inspectors General and General
Counsel for their organizations have access to any information
necessary to perform their duties assigned by this Order.
1-6. 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:
1-601. Collect foreign intelligence, including informa-
tion not otherwise obtainable, and develop, conduct, or provide
support for technical and other programs which collect national
foreign intelligence. The collection of information within the
United States shall be coordinated with the FBI as required by
procedures agreed upon by the Director of Central Intelligence
and the Attorney General;
1-602. Produce and disseminate foreign intelligence
relating to the national security, including foreign political,
economic, scientific, technical, military, geographic,
biographic, and sociological intelligence to meet the needs of
the President, the NSC, and other elements of the United States
Government;
1-603. Collect, produce and disseminate intelligence on
foreign aspects of narcotics production and trafficking;
1-604..' Conduct counterintelligence activities outside
the United States and coordinate all counterintelligence activi-
ties conducted outside the United States by other departments and
agencies;
1-605. Without assuming or performing any internal secu-
rity functions, conduct counterintelligence activities within the
United States, but only in coordination with the FBI as required
by procedures agreed upon by the Director of Central Intelligence
and the Attorney- G-eneral; - .
1-606. PrOdUce and disseminate counterintellrgenEe------------
studies and reports;
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1-607. Coordinate the collection outside the United
States of intelligence information by clandestine means and
coordinate the collection outside the United States of intelli-
gence information not otherwise obtainable;
1-608. Conduct special activities approved by the Presi-
dent and carry out such activities consistent with applicable
law;
1-609. Conduct services of common concern for theIntel-
ligence Community as directed by the NSC;
1-610. Carry out or contract for research, development
and procurement of technical systems and devices relating to
authorized functions;
1-611. Protect the security of its installations,
activities, information, property, and employees by appropriate
means, including such investigations of applicants, employees,
contractors, and other persons with similar associations with the
CIA as are necessary;
1-612. Conduct such administrative and technical support
activities within and outside the United States as are necessary
to perform the functions described in section 1-601 through 1-611
above, including procurement and essential cover and proprietary
arrangements.
1-613. Provide legal, legislative, oversight, and
administrative support services to the staff elements of the
Director of Central Intelligence.
1-7. The Department of State.
The Secretary of State shall:
1-701. , Overtly collect foreign political, sociological,
economic, scientific, technical, political-military and
associated biographic information;
1-702. Produce and disseminate foreign intelligence
relating to United States foreign policy as required for the
execution of the Secretary's responsibilities;
1-703. Disseminate, as appropriate, reports received
from united States ?diplomatic _and consular posts _abroad;
-
1-704. Consult with the Director of Central Intelligence
to ensure that national foreign intelligence activities are
useful to and consistent with United States foreign policy;
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1-705. Transmit reporting requirements of the Intelli-
gence Community to the Chiefs of United States Missions abroad;
and
1-706. Support Chiefs of Mission in discharging their
statutory responsibilities for direction and coordination of
mission activities.
1-8. The Department of the Treasury.
The Secretary of the Treasury shall:
1-801. Overtly collect foreign financial and monetary
information;
1-802. Participate with the Department of State in the
overt collection of general foreign economic information;
1-803. Produce and disseminate foreign intelligence
relating to United States economic policy as required for the
execution of the Secretary's responsibilities; and
1-804. Conduct, through the United States Secret
Service, activities to determine the existence and capability of
surveillance equipment being used against the President of the
United States, the Executive Office of the President, and, as
authorized by the Secretary of the Treasury or the President,
other Secret Service protectees and United States officials. No
information shall be acquired intentionally through such activi-
ties except to protect against such surveillance, and those
activities shall be conducted pursuant to procedures agreed upon
by the Secretary of the Treasury and the Attorney General.
1-9. The Department of Defense.
The Secretary of Defense shall:
1-901.' Collect national foreign intelligence and be
responsive to collection tasking by the Director of Central
Intelligence;
1-902. Collect, produce and disseminate foreign military
and military-related intelligence information, inCluding scien-
tific, technical, political, geographic and economic information
as required for execution of the Secretary's responsibilities;
1-903. Conduct programs_and missipns. neces_sar_y_to_
fulfill national andt:adticalforeigh intelligence requirements; -
. _ _ _
1-904. Conduct counterintelligence activities in support
of Department of Defense components outside the United States in
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coordination with the CIA, and within the United States in
coordination with the FBI pursuant to procedures agreed upon by
the Secretary of Defense and the Attorney General, and produce
and disseminate counterintelligence studies and reports;
1-905. Direct, operate, control and provide fiscal
management for the National Security Agency and for defense and
military intelligence and national reconnaissance entities;
1-906. Conduct, as the executive agent of the United
States Government, signals intelligence and communications secu-
rity activities, except as otherwise directed by the NSC;
1-907. Provide for the timely transmission of critical
intelligence, as defined by the Director of Central Intelligence,
within the United States Government;
1-908. Review budget data and information on Department
of Defense programs within the National Foreign Intelligence
Program and review budgets submitted by program Tanagers to the
Director of Central Intelligence to ensure the appropriate
relationship of the National Foreign Intelligence Program
elements to the other elements of the Defense program;
1-909. Monitor, evaluate and conduct performance audits
of Department of Defense intelligence programs;
1-910. Carry out or contract for research, development
and procurement of technical systems and devices relating to
authorized intelligence functions;
1-911. Protect the security of Department of Defense
installations, activities, information and personnel ?by appro-
priate means including such investigations of applicants,
employees, contractors and other persons with similar associa-
tions with the Department of Defense as are necessary;
1-912.0' Establish and maintain military intelligence
relationships and military intelligence exchange programs with
selected cooperative foreign defense establishments and inter-
national organizations, and ensure that such relationships and
programs are in accordance with policies and procedures
formulated by the Director of Central Intelligence; and
1-913. Conduct such administrative and technical support
activities within and outside the United States as are necessary
to perform the funct7i,ons-;aescribed ih_Sections.1----,90.1-thr0ugh
1-912 above.- - "7:
1-10. Intelligence Components Utilized by the Secretary of
Defense.
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In carrying out the responsibilities assigned in sections
1-901 through 1-913, the Secretary of Defense is authorized to
utilize the following:
1-1001. Defense Intelligence Agency, whose responsibil-
ites shall include:
(a) Collection, production or, through tasking and
coordination, provision of military and military-related intelli-
gence for the Secretary of Defense, the Joint Chiefs of Staff,
other Defense components, and, as appropriate, non-Defense
agencies;
(b) Collection and provision of military intelligence
for national foreign intelligence and counterintelligence
products;
(c) Coordination of all Department of Defense foreign
intelligence collection requirements;
(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.
1-1002. National Security Agency., 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 Commu-
nity. 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
guidance from the Director of Central Intelligence;
_
data
intelligende purposes In accordance with guidance from
the Director of Central Intelligence;
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(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 Director of Central Intelligence;
(f) Cpllection, processing, and dissemination of signals
intelligence. information for counterintelligence purposes;
(g) Provision of signals intelligence support for the
conduct of military operations in accordance with tasking,
priorities and standards of timeliness assigned by the Secretary
of Defense. If provisions of such support requires use of
national collection systems, these systems will be tasked within
existing guidance from the Drrector of Central Intelligence;
(h) Executing the responsibilites 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, contrac-
tors and other persons with similar associations with the NSA as
are necessary;
(k) Prescribing, within its field of authorized opera-
tions, security regulations covering operating practices,
including the transmission, handling and distribution of signals
intelligence and communications security material within and
among the elements under control of the Director of the NSA, and
exercising the necessary supervisory control to ensure compliance
with the regulations; and
(1) Conduct of foreign cryptologic liaison relationships
in accordance with policies and procedures formulated by the
Director of Central Intelligence.
1-1003. Offices for the collection of specialized intel-
ligence through reconnaissance programs, whose responsibilities
shall include:
(a) Carrying out consolidated reconnaissance programs
for specialized intelligence;
(b) Responding to tasking for national, departmental and
tactical purposes in accordance with procedures established by
the Director of Central Intelligence; and
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(c) Delegating authority to the various departments and
agencies for research, development, procurement, and operation of
designated means of collection.
1-1004. The foreign intelligence and counterintelligence
elements of the Army, Navy, Air Force and Marine Corps whose
responsibilities shall include:
(a) Collection, production and dissemination of military
and military-related foreign intellilgence, including information
on indications and warnings, foreign capabilities, plans and
weapons systems, scientific apd technical developments and
narcotics production and traffidking. When collection is
conducted in response to national foreign intelligence require-
ments, it will be conducted in accordance with guidance from the
Director of Central Intelligence. Collection of national foreign
intelligence, not otherwise obtainable, outside the United States
shall be coordinated with the CIA, and such collection within the
United States shall be coordinated with the FBI;
(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.
1-1005. Other offices within the Department of Defense
appropriate for conduct of the intelligence missions and respon-
sibilities assigned to the Secretary of Defense. If such other
offices are used for intelligence purposes, the provisions of
Section 2-101 through 2-309 of this Order shall apply to those
offices when used for those purposes.
1-11. The Department of Energy.
The Secretary of Energy shall:
1-1101. Participate with the Department of State in
overtly collecting political, economic and technical information
with respect to foreign energy matters;
a-1102. Produce-and disseminate foreign inteLligence
necessary for theSedretary's responsibilities;-
1-1103. Participate in formulating intelligence collec-
tion and analysis requirements where the special expert capa-
bility of the Department can contribute; and
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1-1104. Provide expert technical, analytical and research
capability to other agencies within the Intelligence Community.
1-12. 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:
1-1201. Within the United States conduct counterintelli-
gence and coordinate counterintelligence activities of other
agencies within the Intellige.nce Community. When a counterintel-
ligence activity of the FBI involves military or civilian
personnel of the Department of Defense, the FBI shall coordinate
with the Department of Defense;
1-1202. Conduct counterintelligence activities outside
the United States in coordination with the CIA, subject to the
approval of the Director of Central Intelligence;
1-1203. Conduct within the United States, when requested
by officials of the Intelligence Community designated by the
President, lawful activities undertaken to collect foreign
intelligence or support foreign intelligence collection require-
ments of other agencies within the Intelligence Community;
1-1204. Produce and disseminate foreign intelligence,
counterintelligence and counterintelligence studies and reports;
and
1-1205. .Carry out or contract for research, development
and procurement of technical systems and devices relating to the
functions authorized above.
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SECTION 2
CONDUCT OF
INTELLIGENCE ACTIVITIES
2-1. General.
_
2-101. Purpose. Information about the capabilities,
intentions and activities of foreign powers, organizations, or
persons and their agents is essential to informed decisionmaking
in the areas of national defense and foreign relations. The
measures employed to acquire such information should be respon-
sive to legitimate governmental needs and should be conducted in
a manner that respects established concepts of privacy and civil
liberties.
2-102. Principles of Interpretation. Sections 2-201
through 2-309 set forth governing principles which, in addition
to other applicable laws, are intended to achieve the proper
balance between protection of individual interests and acqui-
sition of essential information. Those sections govern the con-
duct of specific activities which are authorized for tbc per-
formance of the functions and responsibilities assigned to the
agencies within the Intelligence Community. Those sections shall
not be construed as affecting or restricting other lawful activi-
ties of intelligence components not otherwise addressed
therein. Nothing in this Order shall affect the law enforcement
responsibilities of any department or agency. Any collection
activity conducted for a law enforcement purpose may be handled
in accordance with relevant law enforcement procedures, as appro-
priate.
2-2. Use of Certain Collection Techniques.
2-201. General Provisions.
(a) The activiti.es_de,scribeci in sections 2-202 through
2-12,08 shajj_ be_ 1-1.nertaken. only as permitted by this Order and by
procedures established 117 the ,head Of tile AI.t_r_lcY concerned and
Q.2.2.rovg_d_by the Attorney General, These 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. The Attorney
General shall provide a statement of reasons for not approving
any procedures- established pursuant to this section. The
National Security Council -may establish procedures in situations
where the agency head and the Attorney General are unable to
reach agreement.
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(b) The Attorney General hereby is delegated the power
to approve the use, for intelligence purposes, of any technique
for which a warrant would be required if undertaken for law
enforcement purposes, provided that such activities shall not be
undertaken in the United States or against a United States person
abroad without a judicial warrant, unless the Attorney General
has determined that under the circumstances the activity is
lawful under the Constitution and statutes of the United States.
2-202. Electronic Surveillance. The CIA may not engage
in any electronic surveillance within the United States. No
agency within the Intelligence Community shall engage in any
electronic surveillance directed against a United States person
abroad or designed to intercept a communication sent from, or
intended for receipt within, the United States except as
permitted by the procedures established pursuant to section
2-201. Training of personnel by agencies in the Intelligence
Community in the use of electronic communications equipment,
testag by such agencies of.su.ch egnipment, 4a011__7the. p.
measures ?t-,c_L-0-.9,4-?24.4,i,r4q?9?...exi.9ce and RaLL:?ility,of, electronic
-sur-Ve-il1ance eoui used
PrOhibited and shall a1sp9,2vernedID,..yoc,edu.s... st.)ch
activities shall be limited in scue antduration those neces-
_ .
..5..a.ry to carry out the training, testing or countermeasures
purpose. No infarm,ation_derived.from communipations intercepted
the course of such training, testing Or use of countermeasures
mai_be retained or used for any pther, purpose. Any electronic
surveillance, as defined in the Foreign Intelligence Surveillance
Act of 1978, shall be conducted in accordance with that Act as
well as this Order.
2-203. .Electronic, Optical, or Mechanical Monitoring.
Electronic, optical, or mechanical devices may be used to monitor
any person in the United States or any United States person
abroad in circumstances where a warrant would be required if
undertaken for law enforcement purposes, but only in accordance
with procedures established pursuant to section 2-201. Any
monitoring which constitutes electronic surveillance as defined
in the Foreign Intelligence Surveillance Act of 1978 shall be
conducted in accordance with that Act as well as this Order.
2-204. Physical Searches. No agency within the Intelli-
gence Community other than the FBI may conduct any unconsented
physical search within the United States except as provided in
this section. The counterintelligence elements of the military
services may conduct such searches directed against active duty
military personnel when authorized-by a military commander
empowered.to approve-physical searches. for law-enforcement
purposes pursuant to the Manual for Coufts-Martial, Rule 315 -%
(E.O. 12198), based upon a finding of probable cause to believe
that such persons are acting as agents of foreign powers. The
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CIA may conduct such searches of personal property of non-U.S.
persons lawfully in its possession. All such searches within the
United States, as well as all such searches conducted by any
agency within the Intelligence Community outside the United
States and directed against U.S. persons shall be undertaken only
as permitted by procedures established pursuant to section 2-201.
2-205. Mail Surveillance. No agency within the Intelli-
gence 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 that is out-
side U.S. postal channels excpt as permitted by procedures
established pursuant to section 2-201.
2-206. Physical Surveillance. The FBI may conduct
physical surveillance (including the use of monitoring devices
for which a warrant would not be required for law enforcement
purposes) directed against United States persons or others in the
course of a lawful investigation. Other agencies within the
Intelligence Community may undertake physical surveillance
(including the use of monitoring devices for which a warrant
would not be required for law enforcement purposes) directed
against a United States person if:
(a) The surveillance is conducted outside the United
States and the person is being surveilled in the course of a
lawful foreign intelligence, counterintelligence, international
narcotics or international terrorism investigation;
(b) That person is being surveilled for the purpose of
protecting foreign intelligence or counterintelligence sources
and methods from unauthorized disclosure or is the subject of a
lawful counterintelligence or personnel, physical or communica-
tions security investigation; or
(c) The surveillance is conducted solely for the purpose
of identifyin4 a person who is in contact with someone described
in subsection (a) or (b) of this section.
(d) Surveillance under paragraph (b) may be conducted
within the United States of only a present employee, intelligence
agency contractor or employee of such a contractor, or military
person employed by a nonintelligence element of a military
service.
2-207.--Undisclosed Particioation- in*Domestic Organiza-
tions.- Employees of -agncies within the Intelligence CoM;nunity-
.
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
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appropriate officials of the organization, but only in accordance
with procedures established pursuant to section 2201.- Such
procedures shall provide for disclosure of such affiliation in
all cases unless the agency head or a designee finds that non-
disclosure is essential to achieving lawful purposes, and that
finding is subject to review by the Attorney General. Those
procedures shall 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 behaif 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 docu-
ment. No such participation may be undertaken for the purpose of
influencing the activity of the organization or its members
unless the Attorney General has approved the participation and
determined that it will not interfere with any rights protected
by the Constitution or laws of the United States.
2-208. Collection of Nonoublicly Available Informa-
tion. An agency within the Intelligence Community may collect,
retain in files on identifiable United States persons, or
disseminate information for foreign intelligence or counter-
intelligence purposes concerning the activities of United States
persons that is not available publicly, only if it does so with
their consent or as permitted by procedures established pursuant
to section 2-201. Those procedures shall limit collection,
retention in files on identifiable United States persons, and
dissemination to the following types of information:
(a) Information concerning corporations or other commer-
cial organizations or activities that constitutes foreign intel-
ligence or counterintelligence;
(b) Information arising out of a lawful counterintelli-
gence or personnel, physical or communications security investi-
gation;
(c) Information concerning persons, derived from any
lawful investigation, which is needed to protect foreign intel-
ligence or counterintelligence ..sources or-methods from unautho-
.
rized disclosure;- - -
(d) Information needed solely to identify individuals in
contact with those persons described in paragraph (c) of this
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section or in contact with someone who is the subject of a lawful
foreign intelligence or counterintelligence investigation;
(e) Information concerning persons who are reasonably
believed to be potential sources or contacts, but only for the
purpose of determining the suitability or credibility of such
persons;
(f) Information constituting foreign intelligence or
counterintelligence gathered abroad or from electronic surveil-
lance conducted in compliance with section 2-202 or gathered by
lawful means in the United States;
(g) Information about:a person who has acted or may be
acting on behalf of a foreign power, has engaged or may be
engaging in international terrorist or narcotics activities, or
has endangered the safety of any person protected by the United
States Secret Service or the Department of State, or may be
endangering the safety of any person;
(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 investiga-
tive responsibilities;
(k) Information concerning persons or activities that
pose ?a credible threat to any facility or employee of any agency
within the Intelligence Community or any department containing
such an agency; or
(1) Information concerning persons or organizations who
are the targets, victims or hostages of international terrorist
organizations.
In addition, those procedures shall permit an agency within the
Intelligence Community to disseminate information, other than
information derived from signals intelligence, to another agency
within the Intelligence Community for purposes of allowing the
recipient agency to determine whether the information is relevant
to its lawful -responsibiliOes and can be retained-by-
2-3. Additional Principles.
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2-301. Tax Information. Agencies within the Intelli-
gence Community may examine tax returns or tax information only
as permitted by applicable law.
2-302. Human Experimentation. No agency within the
Intelligence Community shall sponsor, contract for, or conduct
research on human subjects except in accordance with guidelines
issued by the Department of Health and Human Services. The
subject's informed consent shall be documented as required by
those guidelines.
2-303; 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 institu-
tions 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, intelligence agency sponsorship may be concealed
where it is determined, pursuant to procedures approved by the
agency head, that such concealment is necessary for authorized
intelligence purposes.
2-304. Restrictions on Personnel Assigned to Other
Agencies. An employee detailed to another agency within the
federal government shall be responsible to the host agency and
shall not report to the parent agency on the affairs of the host
agency unless so directed by the host agency. The head of the
host agency, and .any successor, shall be informed of the
employee's relationship with the parent agency.,
2-305. Prohibition on Assassination. No person employed
by or acting on behalf of the United States Government shall
engage in, or conspire to engage in, assassination.
2-306. Special Activities. No component of the United
States Government except an agency within the Intelligence Commu-
nity may conduct any special activity. No such agency except the
CIA (or the Arbed Forces of the United States in time of war
declared by Congress or during any period covered by a report
from the President to the Congress under the War Powers Resolu-
tion (87 Stat. 855)) may conduct any special activity unless the
President determines 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 Community
shall carry.out,_indirettly. or by.proxy-,--.any activity forbidden
by this Order or by'app.licable-law. "
2-308. Restrictions on Assistance to Law Enforcement
Authorities. Agencies within the Intelligence Community other
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than the FBI shall not, except as expressly authorized by law or
section 2-309:
(a) Provide services, equipment, personnel or facilities
to the Law Enforcement Assistance Administration (or its succes-
sor 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
agencies for the purpose of protecting the personnel, information
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, or
international terrorist or narcotics activities; or
1
(c) Provision of specialized equipment, technical know-
ledge, or assistance of expert personnel for use by any depart-
ment or agency or, when lives are endangered, to support local
law enforcement agencies. Provision of assistance by expert
personnel shall be approved in each case by the General Counsel
of the providing agency.
2-310. .Permissible Dissemination and Storage of Informa-
tion. Nothing in sections 2-201 through 2-309 of this Order
shall prohibit:
(a) Dissemination to appropriate law enforcement
agencies of information which may indicate involvement in activi-
ties 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
2-20 to acen=ies within the Intelligence Community or entities
of coopefaLing foreign governments; or
(d) La'wful_storage or_dissemination of informati_on.for
_ _
administrative pur_pose.q;
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SECTION 3
OVERSIGHT OF INTELLIGENCE
ORGANIZATIONS
3-1. President's Foreign Intelligence Advisory Board.
3-101. Duties. There is hereby established within the
Executive Office of the President the President's Foreign Intel-
ligence Advisory Board, hereinafter referred to as the "Board."
The Board shall:
(a) advise the President concerning measures to support
and improve the performance of the Intelligence Community;
(b) advise the President concerning the objectives,
conduct, management and coordination of the various activities
comprising the overall national intelligence effort;
(c) conduct a con?nuing review and assessment of
intelligence and related activities in which the Intelligence
Community and other Government departments and agencies are
engaged;
(d) receive, consider and take appropriate action with
respect to matters ,identified to the Board by the Director of
Central Intelligence and the heads of other Government depart-
ments and agencies of the Intelligence Community, in which the
support of the Board will further the effectiveness of the
national intelligence effort; and
(e) report to the President periodically, but at least
semiannually, concerning the Board's findings and appraisals, and
make appropriate recommendations for actions to achieve increased
effectiveness of the Government's intelligence effort in meeting
national intelligence needs.
3-102. Membership. Members of the Board shall be
appointed by the President from among persons outside the Govern-
ment, qualified on the basis of knowledge and experience in
matters relating to the national defense and security, or
possessing 'Lther knowledge and abilities which may be expected to
contribute to the effective performance of the Board's duties.
One member of the Board shall be designated by the President as
chairman.- Te filemberS of-the Board shali receive Such compen-
sation and-cillowances?consonant with .law, as may be-.prescr-ibed.
hereafter.
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3-103. Intelligence Oversight Committee; Duties. Three
members of the Board shall be designated by the President as the
Board's Intelligence Oversight Committee (IOC). The IOC shall:
(a) review periodically the practices and procedures of
the Inspectors General and General Counsel with responsibilities
for agencies within the Intelligence Community for discovering
and reporting to the IOC intelligence activities that raise
serious questions of legality and propriety, and consider written
and oral reports submitted by them concerning such activities;
(b) review periodically for adequacy the internal guide-
lines of each agency within the Intelligence Community concerning
the legality or propriety of'intelligence activities;
(c) report in a timely manner to the President concern-
ing any intelligence activities that any member of the Committee
believes are a violation of the Constitution or laws of the
United States, Executive Order, or Presidential Directive, or are
a serious impropriety;
(d) forward to the Attorney General, in a timely manner,
reports received concerning intelligence activities in which a
serious question of legality has been raised or which the IOC
believes to involve serious questions of legality; and
(e) conduct such reviews of the practices and activities
of agencies within the Intelligence Community as the Committee
deems necessary to carry out its functions under this Order.
3-2. Inspectors General and General Counsel. Inspectors
General and General Counsel with responsibility for agencies
within the Intelligence Community shall:
. 3-201. Transmit timely reports to the IOC concerning any
intelligence activities that come to their attention and that
raise serious questions of legality or propriety;
3-202. Promptly report to the IOC actions taken concern-
ing the Board's findings on intelligence activities that raise
serious questions of legality or propriety;
3-203. Provide to the IOC information requested concern-
ing the leaality or propriety of intelligence activities within
their respective- ace.nc4es;
3-204. Form-411ate Ic;raCtices and procedures.-for discover-
ing and reporting to intelligence activities thatCaise
serious questions of legality or propriety; and
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3-205. Report to the IOC any occasion on which the
Inspectors General or General Counsel were directed not to report
any intelligence activity to the IOC which they believed raised
serious 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 IOC;
3-302. Report to the President in a timely fashion any
intelligence activities which the Attorney General determines
violate the Constitution or laws of the United States, Executive
Order, or Presidential Directive;
3-303. Report to the IOC 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 IOC; and
3-304. Inform the IOC of legal opinions affecting the
operations of the Intelligence Community,
3-4. Responsibilities of Heads of Departments and Agencies. In
order to facilitate performance of the Board's functions, the
Director of Central Intelligence and the heads of all other
departments and agencies shall make available to the Board all
information with respect to intelligence and related matters
which the Board may require for the purpose of carrying out its
responsibilities to the President in accordance with the terms of
this Order. Such. information made available to the Board shall
be given all necessary security protection in accordance with the
terms and provisions of applicable laws and regulations.
3-5, Staff. The Board shall have a staff headed by an execu-
tive secretary, who shall be appointed by the President and shall
receive such compensation and allowances, consonant with law, as
may be prescribed by the Board. The executive secretary shall be
authorized, subject. to the approval of the Board and consonant
with law, to appoint and fix the compensation of such staff
personnel as may be necessary for performance of the Board's
duties. No person who serves on the Board or its staff shall
have any contractual or employment relationship with any agency
within the inte7lig,=nc4. Community.
3-6. Comoensation and Allowances. Compensation and allowances_
of:the Board, the executiye.sectetaty--and:M6MberSofLthel:Staf
tog-ether with other expenses:aisi.6g.Ln connection with the work'
of the Board, shall be paid from the appropriation appearing
under the heading "Unanticipated Needs" in the Executive Office
Appropriations Act, 1980, Pub. L. 96-74, 93 Stat. 565, and, to
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the extent permitted by law, from any corresponding appropriation
which may be made for subsequent years. Such payments shall be
made without regard to the provisions of ?3681 of the Revised
Statutes and ?9 of the Act of March 4, 1909, 35 Stat. 1027 (31
U.S.C. 672 and 673).
3-7. Congressional Oversight. The duties and responsibilities
of the Director of Central Intelligence and the heads of other
departments, agencies, and entities engaged in intelligence
activities to cooperate with and assist the Congress in the
conduct of its responsibilities for oversight of intelligence
activities shall be as provided in title 50, United States Code,
?413.
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SECTION 4
GENERAL PROVISIONS
4-1. Implementation.
4-101. Except as provided in section 4-105 of this
section, this Order shall supersede Executive Order 12036,
"United States Intelligence Activities," dated January 24, 1978,
and sections 1-104 and 1-105 of Executive Order 12139, "Foreign
Intelligence Electronic Surveillance," dated May 23, 1979.
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 imple-
ment this Order.
4-103. Heads of agencies within the Intelligence
Community shall issue appropriate supplementary directives and
procedures consistent with this Order
4-104. The Attorney General shall have sole authority to
issue and revise procedures required by section 2-201 for the
activities of the FBI relating to foreign intelligence and
counterintelligence. The Attorney General shall also develop
procedures for coordination by the Drug Enforcement Administra-
tion (DEA) with the Director of Central Intelligence to ensure
that the criminal narcotics intelligence activities of DEA are
consistent with foreign intelligence programs. Procedures shall
also be developed for coordination by DEA of its production and
dissemination of intelligence on the foreign and domestic aspects
of narcotics production and trafficking with other agencies with
responsibilities in these areas. Liaison with intelligence and
internal security services of foreign governments will be
conducted in accordance with procedures established by the
Director of CO4ntra1 Intelligence.
4-105. Until the procedures required by this Order have
been established, the activities authorized and regulated herein
shall be conducted in accordance with procedures heretofore
approved or aoreed to by the Attorney General pursuant to Execu-
tive Order 12036. Procedures required by this Order shall be
established as expeditiously as possible.
4-106. 'In some instances, the documents-that implement
this Order will be classified because of the_sensitivity 0-the
information and its relation to national security. All instruc-
tions contained in classified documents will be consistent with
this Order. All procedures promulgated pursuant to,this Order
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will be made available to the Congressional inteiiigen commit-
tees in accordance with applicable law.
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 applicable laws of
the United States, including the Constitution and this Order.
Nothing in this Order shall be construed to apply to or interfere
with any authorized civil or criminal law enforcement respon-
sibility of any department or. agency.
4-2. Definitions.
For the purposes of tliis Order, the following terms shall
have these meanings:
4-201. Communications security means protection measures
taken to deny unauthorized persons information derived from tele-
communications of the United States Government related to
national security and to ensure the authenticity of such commu-
nications. Such protection results from the application of
security measures (including cryptosecurity, transmission secu-
rity, emissions security} to electrical systems generating,
handling, processing, or using national security or national-
security related information. It also includes the application
of physical security measures to communications security informa-
tion or materials.
4-202. Counterintelligence means information gathered
and activities conducted to protect against espionage, other
intelligence activities, sabotage or assassinations conducted for
or on behalf of.foreign powers, organizations or persons, or
international terrorist activities, but not including personnel,
physical, document, or communications security programs.
4-203. Electronic Surveillance means acquisition of a
nonpublic communication by electronic means without the consent
of a person who is a party to an electronic communication or, in
the case of a nonelectronic communication, without the consent of
a person who is visibly present at the place of communication,
but not including the use of radio direction finding equipment
solely to determine the location of a transmitter.
4-204. Employee means a person employed by, assigned to,
or acting for an agency within the Intelligence Community.
4-205. For-eign-Intelligence means -information .relating-
to the capabilities, intentions ahdaCtivities 6f foreign powers,
organizations or persons, but not including counterintelligence
except for information on international terrorist activities.
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counterintelligence.
4-207. Intelli9ence Community and agencies within the
Intelligence Community refer to the following agencies or
organizations:
(a) 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
collection of specialized national foreign intelligence through
reconnaissance programs;
(e) The Bureau of Intelligence and Research of the
Department of State;
(f) The intelligence elements of the military services,
the Federal Bureau of Investigation (FBI), the Department of the
Treasury, and :the Departmen.t_of Energy; and
(g) The staff elements of the Director of Central
Intelligence.
4-208. Intelliaence product means the estimates, memo-
randa and other reports produced from the analysis of available
information.
4-209. 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 intimi-
dation or coercion, or obtaining widespread publicity for a group
or its cause; and
_ - (c) ..occurs--totally-outside :the .D.nied -State.s- or_- - -
trar.iscends--nat_iOnal- boundaries--in ter-ms--of-- -the-- means-by --which it -
is accomplished, the civilian fDoT,5uraticn, government:, or- in-ter--
national organization it appears intended to coerce or
intimidate, or the locale in which its perpetrators operate or
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seek asylum.
4-210. The National Foreign Intelligence Program
includes the programs listed below, but its composition shall be
subject to review by the National Security Council and modifica-
tion by the President.
(a) The programs of the CIA;
(b) The Consolidated Cryptologic Program, the General
Defense Intelligence Program, and the programs of the offices
within the Department of Defense for the collection of special-
ized national foreign intelligence 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 Intelli-
gence and the head of the department or by the President as
national foreign intelligence or counterintelligence activities;
._(d) _Activities of the staff elements of the Director of
Central "rnteiligence
(e) Activities to acquire the intelligence required for
the planning and conduct of tactical operations by the United
States military forces are not included in the National Foreign
Intelligence Program.
4-211. Physical surveillance means an unconsented,
systematic and deliberate observation of a person by any means on
a continuing basis, or unconsented acquisition of a nonpublic
communication by a person not a party thereto or visibly present
threat through any means not involving electronic surveillance.
This definition does not include overhead reconnaissance not
directed at specific United States persons.
4-212.'' Special activities means activities conducted in
support of national foreign policy objectives abroad which are
designed to further official United States programs and policies
abroad, are not intended to influence U.S. public opinion or
policies, 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
including di;:-,lomatic activity or the collection and production of
intelligence or related, support functionp.
- 4-213'Teledmmunica.tiohshs.the-tranSthisiohbomi-nu-
nication or processing of information, including the preparation
of information therefor, by electrical, electromagnetic, electro-
mechanical or electro-optical means.
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