INDEX OF CHANGES MADE TO DRAFT OF 15 MAY 1981

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000200020055-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 33
• Document Creation Date: December 20, 2016
• Document Release Date: February 6, 2008
• Sequence Number: 55
• Publication Date: May 15, 1981
• Content Type: LIST

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Index of Changes Made to Draft of 15 May 1981
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1-902
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1-911
1-913 (added)
1-1001 (C)
1-1002 (j)
(1)
2-102
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(a)
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(a)
(d)
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NSC review completed
TABLE OF CONTENTS
Paq e
SEC. 1.. DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT
TO THE NATIONAL INTELLIGENCE EFFORT ................. 1
1-?l National Security Council ........... 1
............
1-2 National Foreign Intelligence Advisory Groups
...... 1
1-3 Director of Central Intelligence ................... 2
1-4 Duties and Responsibilities of the Heads of
Executive .Branch Departments 5
1-5 Senior Officials of the Intelligence Community ..... 6
1-6 The Central Intelligence Agency .................... 7
1-7 The Department of State .................... .... 8
1.-$ The Department of the.Treasury ..................... 9
1-9 The Department of Defense ....... ...... 9
1-10 Intelligence Components Utilized by the Secretary
of Defense ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
1-11 The Department of Energy 14
1--12 The Federal Bureau of Investigation ................ 14
SEC. 2. CONDUCT OF INTELLIGENCE.ACTIVITIES ................. 15
2--1 General .............. 15
2-2 Use of Certain Collection Techniques ............... 15
2--3 Additional Principles .............................. 19
SEC. 3. OVERSIGHT OF INTELLIGENCE ORGANIZATIONS 22
3-1 President's Foreign Intelligence Advisory Board .... 22
3-2 Inspectors General and General Counsel ............. 23
3-3 Attorney General ................................... 24
3-4 Responsibilities of Heads of Departments and
Agencies ...................................... ... 24
3-5 Staff .............................................. 24
3-6 Compensation and Allowances ........................ 24
3-7 Congressional Oversight ............................ 25
SEC. 4, GENERAL PROVISIONS 26
4-1 Implementation ..........' ........................... 26
4-.2 Definitions ......................... 27
... .......
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EXECUTIVE ORDER
UNITED STATES
INTELLIGENCE ACTIVITIES
By virtue of the authority vested in me by the Constitu-
tion ails statutes of the United States of America, including the
Natiprral "Security Act of 1947, as amended, and as President of
the United States of America, in order to provide for the effec-
tive conduct ofUnited States intelligence activities and the
protection of constitutional rights, it is hereby ordered as
followw$:
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, counterintelligence, and special
activities.
1-102. Committees. The NSC shall establish such
committees as may be necegsary 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) Production, review and coordination of national
foreign intelligence;
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(b) Priorities for the National Foreign Intelligence
Program budget;
mation;
(d); Arrangements with foreign governments on intelli-
gence matters;
(e) Protection of intelligence sources and methods;
(f) Activities of common concern;
(g) r Such other matters as may be referred by the
Dite!c?Ot of. Central Intelligence.
.A-.202. Membership. Advisory groups established pursuant
to thlB.section shall be chaired by the Director of Central
Intellig,ence'and shall consist of senior representatives from
organi7ak_ions within the Intelligence Community and from depart-
ments ur agencies containing such organizations, as designated by
the Dl ec'tQr of Central Intelligence. Groups for consideration
of subst.intive'intelligence matters will include representatives
of orgc nizations involved in the collection, processing, and
analysis of intelligence. A senior representative of the Secre-
tary of Coiiimerce, 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
(c) Interagency exchanges of foreign intelligence infor-
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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 behalflof'the Intelligence Community;
ure implementation of special activities;
(g) Formulate policies concerning intelligence arrange-
ments with foreign cjovernments, and coordinate intelligence
relationships between agencies of the Intelligence Community and
the it 1~`lligence 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;
(1) Establish, with tIe advice of the Intelligence
community,. minimum 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
regulations, a program specifically designed to strengthen the
protection of intelligence sources and methods from unauthorized
disclosure;
(k) Establish uniform criteria for the determination of
relative priorities for the transmission of critical national
foreign intelligence, and advise the Secretary of Defense
concerning the communications requirements of the Intelligence
Community for the transmission of such intelligence;
(1) Provide appropriate intelligence to departments and
agencies not within the Intelligence Community;
(m) Establish appropriate committees or other advisory
groups to assist in the execution of the Director's responsibili-
ties,-
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(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
analy4:ic tasks on departmental intelligence production organiza-
tions; in cons ultation with those organizations, ensuring that
appropriate mechanisms for competitive analysis are developed so
that diverse points of view are considered fully and that differ-
ences of judgment within the intelligence Community are brought
to the attention of national policymakers;
(p) Ensure the timely exploitation and dissemination of
data t)att'iered by national foreign intelligence collection means,
and ens,tl e that the resulting intelligence is disseminated
immedi.t t;.,ely,Lo appropriate components and commands;
( Establish mechanisms to translate national foreign
intelligence objectives and priorities developed by the NSC into
specific guidance for the Intelligence Community, including the
development of plans and arrangements for transfer of required
collection tasking. authority to the Secretary of Defense when
directed by the President;
(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;
(s) Resolve conflicts of tasking priority in national
foreign intelligence activities, with recognition that any
department head may seek review of such resolution by appeal to
the NSC;
. (t) Provide guidance for National Foreign Intelligence
Progranj and budget development to Intelligence Community program
managers, heads of component activities, and department and
agency heads;
(u) Develop, in consonance with NSC guidance and with
the advice of the program managers and departments and agencies
concerned, the consolidated National Foreign Intelligence Program
budget: 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;
j O Together with the Secretary of Defense, ensure that
there ~s no unnecessary overlap between national foreign intelli-
g 0ce programs and Department of Defense intelligence programs,
and provide to and obtain from the Secretary of Defense all
information necessary for this purpose; and
(z) Together with the Secretary of State, ensure that
nation.G'I foreign intelligence collection and special activities
are. cnna;.tstent with United. States foreign policy.
1-4. Duties and Res onsibilities of the Heads of Executive
Bunch t)epartments 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
Centra'. 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.
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1-5. Senior Officials of the Intelligence Community.
The heads of departments and agencies with organizations
in the Intelligence Community or the heads of such organizations,
as appropriate, shall:
1-501. Ensure that all activities of their organizations
are carried out in accordance with applicable law and assigned
inissioh'ha;
1-502. Make use of the capabilities of other agencies
within t:he 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
goverxixn employee conduct and ensure that such are made known to
each emmp:1.6yee;
1:?_.505.' Provide for strong, independent, internal means
to idr;r`':ify, 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
department or agency concerned ina mariner 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, concern-
ing any intelligence activities of their organizations which
raise 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;
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1-511. Disseminate--intelligence to cooperating foreign
governments under arrangements established or agreed to by the
Director of Central Intelligence;
1-512. Execute programs to protect foreign intelligence
through proper classification;
1-513. Instruct their employees to cooperate fully with
th
Intelligence Oversight Committee of the President's Foreign
Intelligence Advisory Board; and is Foreign
1-514. Ensure that th'e Inspectors General and General
Counsel for their organizations have access to any information
necessary .to perform their duties assigned by this Order.
6
1-
? irhe Central Intelligence Agenc
All duties and responsibilities of the CIA shall be
relater"i 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, support for technical and other programs which collectrnational
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 oliti
economic, scientific, technical, militar p cal,
graphic; and sociological intelligence to,meetgthehneedslof 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
rity .fu160 g performing any internal secu-
United States,,butnonly inucoordinationewithathevFBIea within the
by procedures agreed upon by the Director of Central Intelligence
and the Attorney General;
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1-606. Produce and disseminate counterintelligence
studies and reports;
1-607. Coordinate the collection outside the United
States of intelligence information not otherwise obtainable;
.1.608. Conduct special activities approved by the Presi-
dent atd carry out such activities consistent with applicable
law;
1.-609. Conduct services of common concern for the Intel-
ligence Community as directed by the NSC;
Carry out or contract for research, development
and Procurement of technical systems and devices relating to
authoi.;od functions;
1-611. Protect the security of its installations,
activities, information, property, and employees by appropriate
means, including such investigations of applicants, employees,
contrac:'#.:(ar ,'and other persons with similar associations with the
CIA as Eire 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 sections 1-601 through
1-611 above, including procurement and essential cover and
proprietary arrangement.s.
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 asso-
ciated 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. Together with the Director of Central Intelli-
gence, ensure that national foreign intelligence collection
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activities and special activities are consistent with United
States foreign policy;
1-705. Transmit reporting requirements of the Intelli-
gence Community to the Chiefs of United States Missions abroad;
and
1-706. Support Chiefs of Missions 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;
Ir802. Participate with the Department of State in the
overt colllection of general foreign economic information;
L-303. 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 e~tcept 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, biographic, geographic and economic
information as required for execution of the Secretary's respon-
sibilities;
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1-903. Conduct programs and missions necessary to
fulfill national, departmental, and tactical foreign intelligence
requirements;
1-904. Conduct counterintelligence activities in support
of Department of Defense components outside the United States in
coordination with the CIA, and within the United States in
coordination with the FBI, pursuant to procedures agreed upon by
the Seck'etary of Defense and the Attorney General, and produce
and di8seminate counterintelligence studies and reports;
1-905. Direct, operate, control and provide fiscal
manageruent 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 Covernment, signals intelligence and communications secu-
rity ncJtivities, except as otherwise directed by the NSC;
1Provide for the timely transmission of critical
intell E Tice, 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 managers 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, property, information and employees by
appropriate 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. 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 formu-
lated by the Director of Central Intelligence;
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1-913. Together with the Director of Central Intelli-
gence, ensure that there is no unnecessary overlap between
national foreign intelligence programs and Department of Defense
intelligence programs and provide to and obtain from they" Director
of Central Intelligence all information necessary for this
purpose; and
1-914. Conduct such administrative and technical support
activities within and outside the United States as are necessary
to, perform' the functions described in sections 1-901 through
1-913 Above.
1-10. Intelligence Components Utilized by the Secretary of
Defense.
In carrying oot the responsibilities assigned in sections
1-901 through 1,914, the Secretary of Defense is authorized to
utilize the following:
1-1001. Defense Intelligence Agency, whose responsibil-
ites sh 3:l 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 intelli-
gence 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;
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(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;
(d) Processing of signals intelligence data for national
foreign intelligence purposes in accordance with guidance from
the DiXector of Central Intelligence;
i
(c) Dissemination of signals intelligence information
for national foreign, .intelligence purposes to authorized elements
of the, Government, including the military services, in accordance
with O4c..3nce krom the Director of Central Intelligence;
tt:) Collection, processing, and dissemination of signals
intell.i(,ence information for counterintelligence purposes;
(y) !Provision of signals intelligence support for the
conduct of military operations in accordance with tasking,
priorities and standards of timeliness assigned by the Secretary
of Defense. If provisions of such support requires use of
national collection systems, these systems will be tasked within
existing guidance from the Director of Central Intelligence;
(h) Executing the 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, property, information and employees by appropriate
means, including such investigations of applicants, employees,
contractors and other persons with similar associations with the
NSA as are necessary;
(k) Prescribing, within its field of authorized opera-
tions; security regulations coveripg 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
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(1) Conduct of foreign cryptologic liaison for
intelligence purposes in accordance with policies and procedures
formulated by theyirector 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
(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 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 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
sections 2-101 through 2-309 of this order shall apply to those
offices when used for those purposes.
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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;
1-1102. Produce and disseminate foreign intelligence
necessary for the Secretary'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
1-1104. Provide expert technical, analytical and research
capab:."ljty 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 V ggulations 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 Intelligence 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-
merits 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 teneral.
2-101. Purpose. Information about the capabilities,
intentions and activities of foreign powers, organizations, or
persons and their agents is essential to informed decisionmaking
The
in'. the areas of national defense and foreign relations.
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 Interpretatio Sections 2-201
through 2!--309 set forth governing principles which, in addition
to oth;.,r applicable laws, are intended to achieve the proper
balance between protection of individual interests and acqui-
sition of essential information. Those sections govern the
conduct of specific activities which are authorized for the
performance of the functions and responsibilities assigned to the
agencies within the Intelligence Community by this Order or by
law. Those sections shall not be construed as affecting or
restricting other lawful activities 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 enforce-
ment procedures, as appropriate.
2-2. Use of Certain Collection Techniques.
2-201. General Provisions.
(a) 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 head of the agency concerned and
approved 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
inten(If for receipt within, the United States except as
permitl:ed by the procedures established pursuant to section
2-201. '.gaining of personnel by agencies in the Intelligence
Community in the use of electronic communications equipment,
testing by such agencies of such equipment, and the use of
measures tci determine the existence and capability of electronic
surveil rare equipment being used unlawfully shall not be
prohibited and shall also be governed by such procedures. Such
activities shall be limited in scope and duration to those neces-
sary to carry out the training, testing or countermeasures
purpose. No information derived from communications intercepted
in the course of such training, testing or use of countermeasures
may be retained or used for any other purpose. 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, O tp ical, 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, 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 Courts-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
.CIA may conduct such searches of personal property of non-U.S.
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persons lawfully in its possession. All such searches within the
any
Comm searcheos
United States, as well as such
agency within the Intelligence
ersons shali'`be undertaken only
States and directed against U.S. P pursuant to section 2-201.
as permitted by procedures established p
Mail Surveillance. No agency within the Intelli-
2-205.
gence Community shall open mail or examine envelopes inUnited
States postal channels, except in accordance with applicable
statutes and regulations. No agency within the Intelligence
that is out-
Community shall open mail of a United States person
side U.s postal channels except as permitted by procedure
established pursuant to section 2-201.
2-206. Physical Surveialainst UnitedBStatescPersons or
physical surveillance directed q
others in the course of a lawful tinves investigation. pOther agencies
within the intelligence Community may undertake cal
surveillance directed against a United States person if:
(a) The surveillance 1dinuthedcourseUoftad
States 4rad the person is being surveilled
lawful foreign intelligence, counterintelligence, international
narcotics or international terrorism
surveilled for the purpose of
(b) That person is being
protecting foreign intelligence or counterintelligence sources
and methods from unauthorized disclosure or istheosubjectnofaa
lawful counterintelligence or personnel, physical
tions security investigation; or
(c) The surveillance is conducted solely for the purpose
of identifying a person who is in contact with someone described
in subsection (a) or (b) of this section.
Surveillance under paragraph (b) may be conducted
(d)
within the United States of only a present employee, intelligence
agency contractor or employee of sucheaecontraftar, or military
person employed by a noninte ge
service.
ty
2-207. Undisclosed ParWithintt'roie ~~t~lligenceoCommuni_
tions. Employees of agencies organization within
may join, or otherwise participate in, any an won the Intithinnce
the United States on behalf of any agenthil
Community without disclosing their intelligence oaffilia ionrtonce
appropriate officials of the urguantataosection 2-201. Such
with procedures established p
procedures shall provide for disclosure of such affiliation in
all cases unless the agency head or a designee findsthat non-
disclosure is essential to achieving lawful purposes, and that
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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 organizati~edc5tatesepersonsmandeaspreasonablyf
individuals who are not Un
believe;) to be acting on behalf of a foreign power; or
(c) The participation is strictly limited in its purposes
scope Ind duration to that necessary for other lawful
relatir:os:g to foreign intelligence and is a type of participation i-
approv~-d by the Attorney General and set forth in a public docu-
ment. ment. No such participation may be undertaken for the purpose
inf1uehu,i'g the activity of the orgaation its mbersand
unless t:'he Attorney General has approved determi.n d that it will not interfere with any rights protected
by they CorLstitution or laws of the United States.
12 .. 22O8 Collection of Non ublicl Available Informa-
tion, ?h agency within the Intelligence Communityonay collect,
retain in files on identifiable United States p
dissemi.nate'information concerning the activities ofiUniteddoes so
States persons that is not available publicly, only
with their consent or as permitted by procedures established
pursuant to section 2-201. piocabledeuUrensistedhaSlltalteimsitpecrolsolnesc-
tion, retention in files on of information:
and dissemination to the following types
(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
section or in contact with someone who is the subject of a lawful
foreign intelligence or counterintelligence investigation;
(e) Information concerning persons who reasoonrably
believed to be potential sources or contacts, but Y f the
purpose of determining the suitability or credibility of such
persons;
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(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;
(z) 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 responsibilities and can be retained by it.
2-3. Additional Principles.
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
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.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 c a4:.se of any company or institution other than an academic
insti t.ution, 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
~encie . 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 ,iq e:ucy, and any successor, shall be informed of the
employ,*,}.' 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 Armed 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 participate in, indirectly or by proxy, any activity
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 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
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(b) Participate in or fund any law enforcement activity
within the United States.
2-309. Permissible Assistance to Law Enforcement
l l t
h
Authorities.
precIu e:
(a)
agencies for
information,
Intelligence
no
a
0 8
The restrictions in section 2-3 s
Cooperation with appropriate law enforcement
the purpose of protecting the employees,
property and facilities of any agency within the
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 inter-
national terrorist or narcotics activities; or
(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
2-208 to agencies within the Intelligence Community or entities
of cooperating foreign governments; or
(d) Lawful storage or dissemination of information for
administrative purposes.
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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-
ligenee. 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,
condiic, management and coordination of the various activities
compr.i;:_r:.iog the overall national intelligence effort;
(C) Conduct a continuing review and assessment of
intell:igence and related activities in which the Intelligence
Community and other Government departments and agencies are
engaged{
(a) 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 other 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. The members of the Board shall receive such compen-
sation and allowances, consonant with law, as may be prescribed
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
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
believe 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
question of legality has been raised or which the IOC believes to
involve 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 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
questions of legality or propriety;
3-203. Provide to the IOC information requested concern-
ing the legality or propriety of intelligence activities within
their respective agencies;
3-204. Formulate practices and procedures for discover-
ing and reporting to the IOC intelligence activities that raise
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
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
operat.,'i.o s of the Intelligence Community.
3-4. Responsibilities of.Heads of Departments and Agencies. In
order to facilitate performance of the Board's functions, the
Directc:,r 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 Intelligence Community
3-6. Compensation and Allowances., Compensation and allowances
of the Board, the executive secretary and members of the staff,
together with other expenses arising in 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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GENERAL--'PROVISIONS
4-l. Im lementation.
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
app,ropr'.L ate directives and procedures as are necessary to imple-
ment Order.
4-193. Heads of agencies within the Intelligence
Commurk. t,o shall issue appropriate supplementary directives and
procec ;..? is 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 by DEA with intelli-
gence and internal security services of foreign governments will
be conducted in accordance with procedures established by the
Director of Central 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 agreed 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 of 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 intelligence 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, befinitions.
For the purposes of this 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-
nicaticFns. 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. 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.
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4-206. Intelligence means foreign intelligence and
counterintelligence.
4-207. Intelligence Community and agencies within the
Intelligence Community refer to the following agencies or
organizations:
(a) The Central Intelligence Agency (CIA);
(b) The National Security Agency (NSA);
(c) The Defense Intelligence Agency (DIA);
(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
Departmert of State;
(L) The intelligence elements of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation
(FBI), ~ hey Department of the Treasury, and the Department of
Energy; and
(g) The staff elements of the Director of Central
Intelligence.
4-208. Intelligence 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, the Department of State, or other Federal depart-
ment or agency, 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) Occurs totally outside the United States or
transcends national boundaries in terms of the means by which it
is accomplished, the civilian population, government, or inter-
national organization it appears intended to coerce or
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intimidate, or the locale in which its perpetrators operate or
seek asylum.
4-210. The National Foreign Intelligence Program
includes the programs listed below, but its composition shall be
subject to review by the National Security Council and 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 Intelligence.
(e) Activities to acquire the intelligence required for
the planning and conduct of tactical operations by the United
States military forces are not included in the National Foreign
Intelligence Program.
4-211. Physical surveillance means an unconsented,
systematic and deliberate observation of a person by any means on
a continuing basis, or unconsented acquisition of a nonpublic
communication by a person not a party thereto or visibly present.
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
planned and executed so that the role of the United States
Government is not apparent or acknowledged publicly, and
functions in support of such activities, but which are not
intended to influence United States public opinion or policies
and do not include diplomatic activities or the collection and
production of intelligence or related support functions.
4-213. Telecommunications means the transmission, commu-
nication or processing of information, including the preparation
of information therefor, by electrical, electromagnetic, electro-
mechanical or electro-optical means.
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 Approved For Release 2008/02/06: CIA-RDP87BO1034R000200020055-2
4?-214, United States, when used to describe a place,
includes the territories of the United States.
4-215. United States person means:
(a) For purposes of collection of information by any
technic::qu.e for which a warrant would be required if undertaken for
law enforcement purposes, and the dissemination and retention of
such information, a citizen of the United States, an alien
lawfully admitted for permanent residence, an unincorporated
associalt;.ion organized in the United States or substantially
compose=3 of United States citizens or lawfully aliens admitted
for pei::tu~:oqent residence, or a corporation incorporated in the
United t:e es, except a corporation openly acknowledged by a
foreign ::quvernment or governments to be directed and controlled
by such ti::reign government or governments; or
For all other purposes, a United States citizen, an
alien physically present in the United States who is known by the
intelligence agency concerned to be a permanent resident alien,
an unincorporated association substantially composed of United
States citizens, or a corporation incorporated in the United
States, unless such corporation is controlled by one or more
foreign powers, persons or organizations.
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