THE PRESIDENT UNITED STATES INTELLIGENCE ACTIVITIES EXECUTIVE ORDER 12036

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00896R000100100001-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 20
• Document Creation Date: December 9, 2016
• Document Release Date: July 9, 2001
• Sequence Number: 1
• Publication Date: January 26, 1978
• Content Type: REGULATION

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THURSDAY, JANUARY 26, 1978
PART II
THE PRESIDENT
UNITED STATES
INTELLIGENCE ACTIVITIES
Executive Order 12036
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presidential documents
Title 3-The President
Executive Order 12036 ?
United States Intelligence Activities
January 24, 1978
By virtue of the authority vested in me by the Constitution and statutes of
the United States of America including the National Security Act of 1947, as
amended, and as President of the United States of America, in order to provide
for the organization and control of United States foreign intelligence activities, it
is hereby ordered as follows:
SECTION I
I-I
DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT TO THE NATIONAL
INTELLIGENCE EFFORT
National Security Council .................................................................................
[3675]
1-2
NSC Policy Review Committee ........................................................................
[3675]
1-3
NSC Special Coordination Committee ............................................................
[3675]
1-4
National Foreign Intelligence Board ...............................................................
[3676]
1-5
National Intelligence Tasking Center ...............................................................
[3677]
1-6
The Director of Central Intelligence ...............................................................
[3677]
1-7
Senior Officials of the Intelligence Community ...............................................
[3679]
1-8
The Central Intelligence Agency .....................................................................
[3680]
1-9
The Department of State .................................................................................
[3681]
1-10
The Department of the Treasury .....................................................................
[3681]
1-11
The Department of Defense .............................................................................
[3681]
1-12
Intelligence Components Utilized by the Secretary of Defense ......................
[3682]
1-13
The Department of Energy ...............................................................................
[3684]
1-14
The Federal Bureau of Investigation ...............................................................
[3684]
1-15
The Drug Enforcement Administration ...........................................................
[3684]
SECTION 2
2-1
RESTRICTIONS ON INTELLIGENCE ACTIVITIES
Adherence to Law ............................................................................................
[3684]
2-2
Restrictions on Certain Collection Techniques ...............................................
[3685]
2-201
General Provisions ............................................................................................
[3685]
2-202
Electronic Surveillance ......................................................................................
[3685]
2-203
Television Camerasand Other Monitoring .....................................................
[3685]
2-204
Physical Searches ...............................................................................................
[3685]
2-205
Mail Surveillance ..............................................................................................
[3685].
2-206
Physical Surveillance .........................................................................................
[3685]
2-207
Undisclosed Participation in Domestic Organizations .....................................
[3686]
2-208
Collection of Nonpublicly Available Information ............................................
[3686]
2-3
Additional Restrictions and Limitations ..........................................................
[3687]
2-301
Tax Information ...............................................................................................
[3687]
2-302
Restrictions on Experimentation ......................................................................
[3687]
2-303
Restrictions on Contracting .............................................................................
[3687]
2-304
Restrictions on Personnel Assigned to Other Agencies ..................................
[3687]
2-305
Prohibition on Assassination ............................................................................
[3687]
2-306
Restrictions on Special Activities .....................................................................
[3687]
2-307
Restrictions on Indirect Participation in Prohibited Activities ........................
[3688]
2-308
Restrictions on Assistance to Law Enforcement Authorities ..........................
[3688]
2-309
Permissible Assistance to Law Enforcement Authorities ................................
[3688]
2-310 Permissible Dissemination and Storage of Information ..................................
[3688]
SECTION 3
OVERSIGHT OF INTELLIGENCE ORGANIZATIONS
3-1
Intelligence Oversight Board ............................................................................
[3688]
3-2
Inspectors General and General Counsel ........................................................
[3689]
3-3
Attorney General ..............................................................................................
[3689]
3-4
Congressional Intelligence Committees ..........................................................
[3689]
SECTION 4 GENERAL PROVISIONS
4-1 Implementation ................................................................................................ [3690]
4-2 Definitions ........................................................................................................ [3690]
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DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT TO THE NATIONAL
INTELLIGENCE EFFORT *
1-1. National Security Council.
1-101. Purpose. The National Security Council (NSC) was established by
the National Security Act of 1947 to advise the President with respect to the
integration of domestic, foreign, and military policies relating to the national
security. The NSC shall act as the highest Executive Branch entity that provides
review of, guidance for, and direction to the conduct of all national foreign
intelligence and counterintelligence activities.
1-102. Committees. The NSC Policy Review Committee and Special Coor-
dination Committee; in accordance with procedures established by the Assistant
to the President for National Security Affairs, shall assist in carrying out the
NSC's responsibilities in the foreign intelligence field.
1-2. NSC Policy Review Committee.
1-201. Membership. The NSC Policy Review Committee (PRC), when car-
rying out responsibilities assigned in this Order, shall be chaired by the Director
of Central Intelligence and composed of the Vice President, the Secretary of
State, the Secretary of the Treasury, the Secretary of Defense, the Assistant to
the President for National Security Affairs, and the Chairman of the Joint Chiefs
of Staff, or their designees, and other senior officials, as appropriate.
1-202. Duties. The PRC shall:
(a) Establish requirements and priorities for national foreign intelligence;
(b) Review the National Foreign Intelligence Program and budget pro-
posals and report to the President as to whether the resource allocations for
intelligence capabilities are responsive to the intelligence requirements of the
members of the NSC.
(c) Conduct periodic reviews of national foreign intelligence products,
evaluate the quality of the intelligence product, develop policy guidance to
ensure quality intelligence and to meet changing intelligence requirements; and
(d) Submit an annual report on its activities to the NSC.
1-203. Appeals. Recommendations of the PRC on intelligence matters may
be appealed to the President or the NSC by any member of PRC.
1-3. NSC Special Coordination Committee.
1-301. Membership. The NSC Special Coordination Committee (SCC) is
chaired by the Assistant to the President for National Security Affairs and its
membership includes the statutory members of the NSC and other senior
officials, as appropriate.
1-302. Special Activities. The SCC shall consider and submit to the Presi-
dent a policy recommendation, including all dissents, on each special activity.
When meeting for this purpose, the members of the SCC shall include the
Secretary of State, the Secretary of Defense, the Attorney General, the Director
of the Office of Management and Budget, the Assistant to the President for
National Security Affairs, the Chairman of the Joint Chiefs of Staff, and the
Director of Central Intelligence.
1-303. Sensitive Foreign Intelligence Collection Operations. Under standards
established by the President, proposals for sensitive foreign intelligence collec-
tion operations shall be reported to the Chairman by the Director of Central
Intelligence for appropriate review and approval. When meeting for the purpose
of reviewing proposals for sensitive foreign intelligence collection operations,
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the members of the SCC shall include the Secretary of State, the Secretary of
Defense, the Attorney General, the Assistant to the President for National
Security Affairs, the Director of Central Intelligence, and such other members
designated by the Chairman to ensure proper consideration of these operations.
1-304. Counterintelligence. The SCC shall develop policy with respect to the
conduct of counterintelligence activities. When meeting for this purpose the
members of the SCC shall include the Secretary of State, the Secretary of
Defense, the Attorney General, the Director of the Office of Management and
Budget, the Assistant to the President for National Security Affairs, the Chair-
man of the Joint Chiefs of Staff, the Director of Central Intelligence, and the
Director of the FBI. The SCC's counterintelligence functions shall include:
(a) Developing standards and doctrine for the counterintelligence activities
of the United States;
(b) Resolving interagency differences concerning implementation of coun-
terintelligence policy;
(c) Developing and monitoring guidelines consistent with this Order for the
maintenance of central records of counterintelligence information;
(d) Submitting to the President an overall annual assessment of the relative
threat to United States interests from intelligence and security services of
foreign powers. and from international terrorist activities, including an assess-
ment of the effectiveness of the United States counterintelligence activities; and
(e) Approving counterintelligence activities which, under such standards as
may be established by the President, require SCC approval.
1-305. Required Membership. The SCC shall discharge the responsibilities
assigned by sections 1-302 through 1-304 only after consideration in a meeting
at which all designated members are present or, in unusual circumstances when
any such member is unavailable, when a designated representative of the
member attends.
1-306. Additional Duties. The SCC shall also:
(a) Conduct an annual review of ongoing special activities and sensitive
national foreign intelligence collection operations and report thereon to the
NSC; and
(b) Carry out such other coordination and review activities as the President
may direct.
1-307. Appeals. Any member of the SCC may appeal any decision to the
President or the NSC.
1-4. National Foreign Intelligence Board.
1-401. Establishment and Duties. There is established a National Foreign
Intelligence Board (NFIB) to advise the Director of Central Intelligence con-
cerning:
(a) Production, review, and coordination of national foreign intelligence;
(b) The National Foreign Intelligence Program budget;
(c) Interagency exchanges of foreign intelligence information;
(d) Arrangements with foreign governments on intelligence matters;
(e) The protection of intelligence sources and methods;
(1) Activities of common concern; and
(g) Other matters referred to it by the Director of Central Intelligence.
1-402. Membership. The NFIB shall be chaired by the Director of Central
Intelligence and shall include other appropriate officers of the CIA, the Office of
the Director of Central Intelligence, the Department of State, the Department of
Defense, the Department of Justice, the Department of the Treasury, the
Department of Energy, the Defense Intelligence Agency, the offices within the
Department of Defense for reconnaissance programs, the National Security
Agency and the FBI. A representative of the Assistant to the President for
National Security Affairs may attend meetings of the NFIB as an observer.
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THE PRESIDENT 3677
1-403. Restricted Membership and Observers. When the NFIB meets for the
purpose of section 1-401(a), it shall be composed solely of the senior intelli-
gence officers of the designated agencies. The senior intelligence officers of the
Army, Navy and Air Force may attend all meetings of the NFIB as observers.
1-5. National Intelligence Tasking Center.
1-501. Establishment. There is established a National Intelligence Tasking
Center (NITC) under the direction, control and management of the Director of
Central Intelligence for coordinating and tasking national foreign intelligence
collection activities. The NITC shall be staffed jointly by civilian and military
personnel including designated representatives of the chiefs of each of the
Department of Defense intelligence organizations engaged in national foreign
intelligence activities. Other agencies within the Intelligence Community may
also designate representatives.
1-502. Responsibilities. The NITC shall be the central mechanism by which
the Director of Central Intelligence:
(a) Translates national foreign intelligence requirements and priorities
developed by the PRC into specific collection objectives and targets for the
Intelligence Community;
(b) Assigns targets and objectives to national foreign intelligence collection
organizations and systems;
(c) Ensures the timely dissemination and exploitation of data for national
foreign intelligence purposes gathered by national foreign intelligence collec-
tion means, and ensures the resulting intelligence flow is routed immediately to
relevant components and commands;
(d) Provides advisory tasking concerning collection of national foreign
intelligence to departments and agencies having information collection capabil-
ities or intelligence assets that are not a part of the National Foreign Intelligence
Program. Particular emphasis shall be placed on increasing the contribution of
departments or agencies to the collection of information through overt means.
.1-503. Resolution of Conflicts. The NITC shall have the authority to resolve
conflicts of priority. Any PRC member may appeal such a resolution to the PRC;
pending the PRC's decision, the tasking remains in effect.
1-504. Transfer of Authority. All responsibilities and authorities of the Direc-
tor of Central Intelligence concerning the NITC shall be transferred to the
Secretary of Defense upon the express direction of the President. To maintain
readiness for such transfer, the Secretary of Defense shall, with advance
agreement of the Director of Central Intelligence, assume temporarily during
regular practice exercises all responsibilities and authorities of the Director of
ventral Intelligence concerning the NITC.
1-6. The Director of Central Intelligence.
1-601. Duties. The Director of Central Intelligence shall be responsible
directly to the NSC and, in addition to the duties specified elsewhere in this
Order, shall:
(a) Act as the primary adviser to the President and the NSC on national
foreign intelligence and provide the President and other officials in the Ex-
ecutive Branch with national foreign intelligence;
(b) Be the head of the CIA and of such staff elements as may be required for
discharge of the Director's Intelligence Community responsibilities;
(c) Act, in appropriate consultation with the departments and agencies, as
the Intelligence Community's principal spokesperson to the Congress, the news
media and the public, and facilitate the use of national foreign intelligence
products by the Congress in a secure manner;
(d) Develop, consistent with the requirements and priorities established by
the PRC, such objectives and guidance for the Intelligence Community as will
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3678 THE PRESIDENT
enhance capabilities for responding to expected future needs for national
foreign intelligence;
(e) Promote the development and maintenance of services of common
concern by designated foreign intelligence organizations on behalf of the
Intelligence Community;
(f) Ensure implementation of special activities;
(g) Formulate policies concerning intelligence arrangements with foreign
governments, and coordinate intelligence relationships between agencies of the
Intelligence Community and the intelligence or internal security services of
foreign governments;
(h) Conduct a program to protect against overclassification of foreign
intelligence information;
(i) Ensure the establishment by the Intelligence Community of common
security and access standards for managing and handling foreign intelligence
systems, information and products;
(j) Participate in the development of procedures required to be approved by
the Attorney General governing the conduct of intelligence activities;
(k) Establish uniform criteria for the determination of relative priorities for
the transmission of critical national foreign intelligence, and advise the Secretary
of Defense concerning the communications requirements of the Intelligence
Community for the transmission of such intelligence;
(1) Provide appropriate intelligence to departments and agencies not within
the Intelligence Community; and
(m) Establish appropriate committees or other advisory groups to assist in
the execution of the foregoing responsibilities.
1-602. National Foreign Intelligence Program Budget. The Director of Central
Intelligence shall, to the extent consistent with applicable law, have full and
exclusive authority for approval of the National Foreign Intelligence Program
budget submitted to the President. Pursuant to this authority:
(a) The Director of Central Intelligence shall provide guidance for program
and budget development to program managers and heads of component
activities and to department and agency heads;
(b) The heads of departments and agencies involved in the National Foreign
Intelligence Program shall ensure timely development and submission to the
Director of Central Intelligence of proposed national programs and budgets in
the format designated by the Director of Central Intelligence, by the program
managers and heads of component activities, and shall also ensure that the
Director of Central Intelligence is provided, in a timely and responsive manner,
all information necessary to perform the Director's program and budget respon-
sibilities;
(c) The Director of Central Intelligence shall review and evaluate the
national program and budget submissions and, with the advice of the NFIB and
the departments and agencies concerned, develop the consolidated National
Foreign Intelligence Program budget and present it to the President through the
Office of Management and Budget;
(d) The Director of Central Intelligence shall present and justify the
National Foreign Intelligence Program budget to the Congress;
(e) The heads of the departments and agencies shall, in consultation with
the Director of Central Intelligence, establish rates of obligation for appro-
priated funds;
(f) The Director of Central Intelligence shall have full and exclusive
authority for reprogramming National Foreign Intelligence Program funds, in
accord with guidelines established by the Office of Management and Budget, but
shall do so only after consultation with the head of the department affected and
appropriate consultation with the Congress;
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(g) The departments and agencies may appeal to the President decisions by
the Director of Central Intelligence on budget or reprogramming matters of the
National Foreign Intelligence Program.
(h) The Director of Central Intelligence shall monitor National Foreign
Intelligence Program implementation and may conduct program and perfor-
mance audits and evaluations.
I-603. Responsibility For National Foreign Intelligence. The Director of Central
Intelligence shall have full responsibility for production and dissemination of
national foreign intelligence and have authority to levy analytic tasks on
departmental intelligence production organizations, in consultation with those
organizations. In doing so, the Director of Central Intelligence shall ensure that
diverse points of view are considered fully and that differences of judgment
within the Intelligence Community are brought to the attention of national
policymakers.
1-604. Protection of Sources, Methods and Procedures. The Director of Central
Intelligence shall ensure that programs are developed which protect intelligence
sources, methods and analytical procedures, provided that this responsibility
shall be limited within the United States to:
(a) Using lawful means to protect against disclosure by present or former
employees of the CIA or the Office of the Director of Central Intelligence, or by
persons or organizations presently or formerly under contract with such entities;
and
(b) Providing policy, guidance and technical assistance to departments and
agencies regarding protection of intelligence information, including information
that may reveal intelligence sources and methods.
1-605. Responsibility of Executive Branch Agencies. The heads of all Executive
Branch departments and agencies shall, in accordance with law and relevant
Attorney General procedures, give the Director of Central Intelligence access to
all information relevant to the national intelligence needs of the United States
and shall give due consideration to requests from the Director of Central
Intelligence for appropriate support for CIA activities.
1-606. Access to CIA Intelligence. The Director of Central Intelligence, shall,
in accordance with law and relevant Attorney General procedures, give the
heads of the departments and agencies access to all intelligence, developed by
the CIA or the staff elements of the Office of the Director of Central Intelli-
gence, relevant to the national intelligence needs of the departments and
agencies.
1-7. Senior Officials of the Intelligence Community. The senior officials of each of
the agencies within the Intelligence Community shall:
1-701. Ensure that all activities of their agencies are carried out in
accordance with applicable law;
1-702. Make use of the capabilities of other agencies within the Intelli-
gence Community in order to achieve efficiency and mutual assistance;
1-703. Contribute in their areas of responsibility to the national foreign
intelligence products;
1-704. Establish internal policies and guidelines governing employee
conduct and ensure that such are made known to each employee;
1-705. Provide for strong, independent, internal means to identify, in-
spect, and report. on unlawful or improper activity;
1-706. Report to the Attorney General evidence of possible violations of
federal criminal law by an employee of their department or agency, and report
to the Attorney General evidence of possible violations by any other person of
those federal criminal laws specified in guidelines. adopted by the Attorney
General;
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3680 THE PRESIDENT
1-707. In any case involving serious or continuing breaches of security,
recommend to the Attorney General that the case be referred to the FBI for
further investigation;
1-708. Furnish the Director of Central Intelligence, the PRC and the SCC,
in accordance with applicable law and Attorney General procedures, the infor-
mation required for the performance of their respective duties;
1-709. Report to the Intelligence Oversight Board, and keep the Director
of Central Intelligence appropriately informed, concerning any intelligence
activities of their organizations which raise questions of legality or propriety;
1-7 10. Protect intelligence and intelligence sources and methods consistent
with guidance from the Director of Central Intelligence and the NSC;
1-711. Disseminate intelligence to cooperating foreign governments under
arrangements established or agreed to by the Director of Central Intelligence;
1-712. Execute programs to protect against overclassification of foreign
intelligence;
1-713. Instruct their employees to cooperate fully with the Intelligence
Oversight Board; and
1-714. Ensure that the Inspectors General and General Counsel of their
agencies have access to any information necessary to perform their duties
assigned by this Order.
1-8. The Central Intelligence Agency. All duties and responsibilities of the CIA shall
be related to the intelligence functions set out below. As authorized by the
National Security Act of 1947, as amended, the CIA Act of 1949, as amended,
and other laws, regulations and directives, the CIA, under the direction of the
NSC, shall:
1-801. Collect foreign intelligence, including information not otherwise
obtainable, and develop, conduct, or provide support for technical and other
programs which collect national foreign intelligence. The collection of informa-
tion within the United States shall be coordinated with the FBI as required by
procedures agreed upon by the Director of Central Intelligence and the
Attorney General;
1-802. Produce and disseminate foreign intelligence relating to the national
security, including foreign political, economic, scientific, technical, military,
geographic and sociological intelligence to meet the needs of the President, the
NSC, and other elements of the United States Government;
1-803. Collect, produce and disseminate intelligence on foreign aspects of
narcotics production and trafficking;
1-804. Conduct counterintelligence activities outside the United States and
coordinate counterintelligence activities conducted outside the United States by
other agencies within the Intelligence Community;
1-805. Without assuming or performing any internal security functions,
conduct counterintelligence activities within the United States, but only in
coordination with the FBI and subject to the approval of the Attorney General;
1-806. Produce and disseminate counterintelligence studies and reports;
1-807. Coordinate the collection outside the United States of intelligence
information not otherwise obtainable;
1-808. Conduct special activities approved by the President and carry out
such activities consistent with applicable law;
1-809. Conduct services of common concern for the Intelligence Com-
munity as directed by the NSC;
1-810. Carry out or contract for research, development and procurement
of technical systems and devices relating to authorized functions;
1-811. Protect the security of its installations, activities, information and
personnel by appropriate means, including such investigations of applicants,
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employees, contractors, and other persons with similar associations with the CIA
as are necessary;
1-812. Conduct such administrative and technical support activities within
and outside the United States as are necessary to perform the functions
described in sections 1-801 through 1-811 above, including procurement and
essential cover and proprietary arrangements.
1-813. Provide legal and legislative services and other administrative
support to the Office of the Director of Central Intelligence.
1-9. The Department of State. The Secretary of State shall:
1-901. Overtly collect foreign political, sociological, economic, scientific,
technical, political-military and associated biographic information;
1-902. Produce and disseminate foreign intelligence relating to United
States foreign policy as required for the execution of the Secretary's responsibil-
ities;
1-903. Disseminate, as appropriate, reports received from United States
diplomatic and consular posts abroad;
1-904. Coordinate with the Director of Central Intelligence to ensure that
national foreign intelligence activities are useful to and consistent with United
States foreign policy;
1-905. Transmit reporting requirements of the Intelligence Community
to the Chiefs of United States Missions abroad; and
1-906. Support Chiefs of Mission in discharging their statutory responsi-
bilities for direction and coordination of mission activities.
1-10. The Department of the Treasury. The Secretary of the Treasury shall:
1-1001. Overtly collect foreign financial and monetary information;
1-1002. Participate with the Department of State in the overt collection of
general foreign economic information;
1-1003. Produce and disseminate foreign intelligence relating to United
States economic policy as required for the execution of the Secretary's responsi-
bilities; and
1-1004. Conduct, through the United States Secret Service, activities to
determine the existence and capability of surveillance equipment being used
against the President of the United States, the Executive Office of the President,
and, as authorized by the Secretary of the Treasury or the President, other
Secret Service protectees and United States officials. No information shall be
acquired intentionally through such activities except to protect against such
surveillance, and those activities shall be conducted pursuant to procedures
agreed upon by the Secretary of the Treasury and the Attorney General.
1-11. The Department of Defense. The Secretary of Defense shall:
1-1101. Collect national foreign intelligence and be responsive to collec-
tiori tasking by the NITC;
1-1102. Collect, produce and disseminate foreign military and military-
related intelligence information, including scientific, technical, political, geo-
graphic and economic information as required for execution of the Secretary's
responsibilities;
1-1103. Conduct programs and missions necessary to fulfill national and
tactical foreign intelligence requirements;
1-1104. Conduct counterintelligence activities in support of Department of
Defense components outside the United States in coordination with the CIA,
and within the United States in coordination with the FBI pursuant to proce-
du es agreed upon by the Secretary of Defense and the Attorney General, and
produce and disseminate counterintelligence studies and reports;
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1-1105. Direct, operate, control and provide fiscal management for the
National Security Agency and for defense and military intelligence and national
reconnaissance entities;
1-1106. Conduct, as the executive agent of the United States Government,
signals intelligence and communications security activities, except as otherwise
directed by the NSC;
1-1107. Provide for the timely transmission of critical intelligence, as
defined by the Director of Central Intelligence, within the United States
Government;
1-1108. Review budget data and information on Department of Defense
programs within the National Foreign Intelligence Program and review budgets
submitted by program managers to the Director of Central Intelligence to
ensure the appropriate relationship of the National Foreign Intelligence Pro-
gram elements to the other elements of the Defense program;
1-1109. Monitor, evaluate and conduct performance audits of Department
of Defense intelligence programs;
1-1110. Carry out or contract for research, development and procurement
of technical systems and devices relating to authorized intelligence functions;
1-1111. Together with the Director of Central Intelligence, ensure that
there is no unnecessary overlap between national foreign intelligence programs
and Department of Defense intelligence programs and provide the Director of
Central Intelligence all information necessary for this purpose;
1-1112. Protect the security of Department of Defense installations, activi-
ties, information and personnel by appropriate means including such investiga-
tions of applicants, employees, contractors and other persons with similar
associations with the Department of Defense as are necessary; and
1-1113. Conduct such administrative and technical support activities with-
in and outside the United States as are necessary to perform the functions
described in sections I-1101 through 1-1112 above.
1-12. Intelligence Components Utilized by the Secretary of Defense. In carrying out the
responsibilities assigned in sections 1-1101 through 1-1113, the Secretary of
Defense is authorized to utilize the following:
1-1201. Defense Intelligence Agency, whose responsibilities shall include:
(a) Production or, through tasking and coordination, provision of military
and military-related intelligence for the Secretary of Defense, the Joint Chiefs
of Staff, other Defense components, and, as appropriate, non-Defense agencies;
(b) Provision of military intelligence for national foreign intelligence prod-
ucts;
(c) Coordination of all Department of Defense intelligence collection
requirements for departmental needs;
(d) Management of the Defense Attache system; and
(e) Provision of foreign intelligence and counterintelligence staff support as
directed by the Joint Chiefs of Staff.
1-1202. National Security Agency (NSA), whose responsibilities shall include:
(a) Establishment and operation of an effective unified organization for
signals intelligence activities, except for the delegation of operational control
over certain operations that are conducted through other elements of the
Intelligence Community. No other department or agency may engage in signals
intelligence activities except pursuant to a delegation by the Secretary of
Defense;
(b) Control of signals intelligence collection and processing activities,
including assignment of resources to an appropriate agent for such periods and
tasks as required for the direct support of military commanders;
(c) Collection of signals intelligence information for national foreign intelli-
gence purposes in accordance with tasking by the NITC;
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(d) Processing of signals intelligence data for national foreign intelligence
purposes consistent with standards for timeliness established., by the Director of
Central Intelligence;
(e) Dissemination of signals intelligence information for national foreign
intelligence purposes to authorized elements of the Government, including the
military services, in accordance with guidance from the NITC;
(1) Collection, processing, and dissemination of signals intelligence infor-
mation for counterintelligence purposes;
(g) Provision of signals intelligence support for the conduct of military
operations in accordance with tasking, priorities and standards of timeliness
assigned by the Secretary of Defense. If provision of such support requires use
of national collection systems, these systems will be tasked within existing
guidance from the Director of Central Intelligence;
(h) Executing the responsibilities of the Secretary of Defense as executive
agent for the communications security of the United States Government;
(i) Conduct of research and development to meet needs of the United States
for signals intelligence and communications security;
(j) Protection of the security elf its installations, activities, information and
personnel by appropriate means including such investigations of applicants,
employees, contractors and other persons with similar associations with the NSA
as are necessary; and
(k) Prescribing, within its field of authorized operations, security regulations
covering operating practices, including the transmission, handling and distribu-
tion of signals intelligence and communications security material within and
among the elements under control of the Director of the NSA, and exercising
the necessary supervisory control to ensure compliance with the regulations.
1-1203. Offices for the collection of specialized intelligence through reconnaissance
programs, whose responsibilities shall include:
(a) Carrying out consolidated reconnaissance programs for specialized
intelligence;
(b) Responding to tasking through the NITC; and
(c) Delegating authority to the various departments and agencies for
research, development, procurement, and operation of designated means of
collection.
1-1204. The foreign intelligence and counterintelligence elements of the military
services, whose responsibilities shall include:
(a) Collection, production and dissemination of military and military-related
foreign intelligence, including information on indications and warnings, foreign
capabilities, plans and weapons systems, scientific and technical developments
and narcotics production and trafficking. When collection is conducted in
response to national foreign intelligence requirements, it will be tasked by the
NITC. Collection of national foreign intelligence, not otherwise obtainable,
outside the United States shall be coordinated with the CIA, and such collection
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.
1-1205. Other offices within the Department of Defense appropriate for conduct
of the intelligence missions and responsibilities assigned to the Secretary of
Defense. If such other offices are used for intelligence purposes, the provisions
of Sections 2-101 through 2-309 of this Order shall apply to those offices when
used for those purposes.
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1-13. The Department of Energy. The Secretary of Energy shall:
1-1301. Participate with the Department of State in overtly collecting
political, economic and technical information with respect to foreign energy
matters;
1-130. Produce and disseminate foreign intelligence necessary for the
Secretary's responsibilities;
1-1303. Participate in formulating intelligence collection and analysis
requirements where the special expert capability of the Department can
contribute; and
11304. Provide expert technical, analytical and research capability to other
agencies within the Intelligence Community.
1-14. The Federal Bureau of Investigation. Under the supervision of the Attorney
General and pursuant to such regulations as the Attorney General may establish,
the Director of the FBI shall:
1-1401. Within the United States conduct counterintelligence and coor-
dinate counterintelligence activities of other agencies within the Intelligence
Community. When a counterintelligence activity of the FBI involves military or
civilian personnel of the Department of Defense, the FBI shall coordinate with
the Department of Defense;
1-1402. Conduct counterintelligence activities outside the United States in
coordination with the CIA, subject to the approval of the Director of Central
Intelligence;
1-1403. Conduct within the United States, when requested by officials of
the Intelligence Community designated by the President, lawful activities under-
taken to collect foreign intelligence or support foreign intelligence collection
requirements of other agencies within the Intelligence Community;
1-1404. Produce and disseminate foreign intelligence, counterintelligence
and counterintelligence studies and reports; and
1-1405. Carry out or contract for research, development and procurement
of technical systems and devices relating to the functions authorized above.
1-15. The Drug Enforcement Administration. Under the supervision of the Attorney
General and pursuant to such regulations as the Attorney General may establish,
the Administrator of DEA shall:
1-1501. Collect, produce and disseminate intelligence on the foreign and
domestic aspects of narcotics production and trafficking in coordination with
other agencies with responsibilities in these areas;
1-1502. Participate with the Department of State in the overt collection of
general foreign political, economic and agricultural information relating to
narcotics production and trafficking; and
1-1503. Coordinate with the Director of Central Intelligence to ensure
that the foreign narcotics intelligence activities of DEA are consistent with other
foreign intelligence programs.
SECTION 2
RESTRICTIONS ON INTELLIGENCE ACTIVITIES
2-1. Adherence to Law.
2-101. Purpose. Information about the capabilities, intentions and activities
of foreign powers, organizations, or persons and their agents is essential to
informed decision-making in the areas of national defense and foreign relations.
The measures employed to acquire such information should be responsive to
legitimate governmental needs and must be conducted in a manner that
preserves and respects established concepts of privacy and civil liberties.
2-102. Principles of Interpretation. Sections 2-201 through 2-309 set forth
limitations which, in addition to other applicable laws, are intended to achieve
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THE PRESIDENT 3685
the proper balance between protection of individual rights and acquisition of
essential information. Those sections do not authorize any activity not
authorized by sections 1-101 through 1-1503 and do not provide any exemp-
tion from any other law.
2-2. Restrictions on Certain Collection Techniques.
2-201. General Provisions.
(a) The activities described in Sections 2-202 through 2-208 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. Those
procedures shall protect constitutional rights and privacy, ensure that informa-
tion is gathered by the least intrusive means possible, and limit use of such
information to lawful governmental purposes.
(b) Activities described in sections 2-202 through 2-205 for which a warrant
would be required if undertaken for law enforcement rather than intelligence
purposes shall not be undertaken against a United States person without a
judicial warrant, unless the President has authorized the type of activity involved
and the Attorney General has both approved the particular activity and deter-
mined that there is probable cause to believe that the United States person is an
agent of a foreign power.
2-202. Electronic Surveillance. The CIA may not engage in any electronic
surveillance within the United States. No agency within the Intelligence Com-
munity shall engage in any electronic surveillance directed against a United
States person abroad or designed to intercept a communication sent from, or
intended for receipt within, the United States except as permitted by the
procedures established pursuant to section 2-201. Training of personnel by
agencies in the Intelligence Commnunity in the use of electronic communica-
tions equipment, testing by such agencies of such equipment, and the use of
measures to determine the existence and capability of electronic surveillance
equipment being used unlawfully shall not be prohibited and shall also be
governed by such procedures. Such activities shall be limited in scope and
duration to those necessary to carry out the training, testing or countermeasures
purpose. No information derived from communications intercepted in the
course of such training, testing or use of countermeasures may be retained or
used for any other purpose.
2-203. Television Cameras and Other Monitoring. No agency within the Intelli-
gence Community shall use any electronic or mechanical device surreptitiously
and continuously to monitor any person within the United States, or any United
States person abroad, except as permitted by the procedures established
pursuant to Section 2-201.
2-204. Physical Searches. No agency within the Intelligence Community
except the FBI may conduct any unconsented physical searches within the
United States. All such searches conducted by the FBI, as well as all such
searches conducted by any agency within the Intelligence Community outside
the United States and directed against United States persons, shall be under-
taken only as permitted by procedures established pursuant to Section 2-201.
2-205. Mail Surveillance. No agency within the Intelligence Community
shall open mail or examine envelopes in United States postal channels, except in
accordance with applicable statutes and regulations. No agency within the
Intelligence Community shall open mail of a United States person abroad except
as permitted by procedures established pursuant to Section 2-201.
2-206. Physical Surveillance. The FBI may conduct physical surveillance
directed against United States persons or others only in the course of a lawful
investigation. Other agencies within the Intelligence Community may not
undertake any physical surveillance directed against a United States person
unless:
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(a) The surveillance is conducted outside the United States and the person
being surveilled is reasonably believed to be acting on behalf of a foreign power,
engaging in international terrorist activities, or engaging in narcotics production
or trafficking;
(b) The surveillance is conducted solely for the purpose of identifying a
person who is in contact with someone who is the subject of a foreign
intelligence or counterintelligence investigation; or
(c) That person is being surveilled for the purpose of protecting foreign
intelligence and counterintelligence sources and methods from unauthorized
disclosure or is the subject of a lawful counterintelligence, personnel, physical or
communications security investigation.
(d) No surveillance under paragraph (c) of this section may be conducted
within the United States unless the person being surveilled is a present
employee, intelligence agency contractor or employee of such a contractor, or is
a military person employed by a non-intelligence element of a military service.
Outside the United States such surveillance may also be conducted against a
former employee, intelligence agency contractor or employee of a contractor or
a civilian person employed by a non-intelligence element of an agency within the
Intelligence Community. A person who is in contact with such a present or
former employee or contractor may also be surveilled, but only to the extent
necessary to identify that person.
2-207. Undisclosed Participation in Domestic Organizations. No employees may
join, or otherwise participate in, any organization within the United States on
behalf of any agency within the Intelligence Community without disclosing their
intelligence affiliation to appropriate officials of the organization, except as
permitted by procedures established pursuant to Section 2-201. Such proce-
dures shall provide for disclosure of such affiliation in all cases unless the agency
head or a designee approved by the Attorney General finds that non-disclosure
is essential to achieving lawful purposes, and that finding is subject to review by
the Attorney General. Those procedures shall further limit undisclosed partici-
pation to cases where:
(a) The participation is undertaken on behalf of the FBI in the course of a
lawful investigation;
(b) The organization concerned is composed primarily of individuals who
are not United States persons and is reasonably believed to be acting on behalf
of a foreign power; or
(c) The participation is strictly limited in its nature, scope and duration to
thatnecessary for other lawful purposes relating to foreign intelligence and is a
type of participation approved by the Attorney General and set forth in a public
document. No such participation may be undertaken for the purpose of influenc-
ing the activity of the organization or its members.
2-208. Collection of Nonpublicly Available Information. No agency within the
Intelligence Community may collect, disseminate or store information concern-
ing the activities of United States persons that is not available publicly, unless it
does so with their consent or as permitted by procedures established pursuant to
Section 2-201. Those procedures shall limit collection, storage or dissemination
to the following types of information:
(a) Informationconcerning corporations or other commercial organizations
or activities that constitutes foreign intelligence or counterintelligence;
(b) Information arising out of a lawful counterintelligence or personnel,
physical or communications security investigation;
(c) Information concerning present or former employees, .present or former
intelligence agency contractors or their present or former employees, or appli-
cants for any such employment or contracting, which is needed to protect
foreign intelligence or counterintelligence sources or methods from unautho-
rized disclosure;
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(d) Information needed solely to identify individuals in contact with those
persons described in paragraph (c) of this section or 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 surveillance conducted in compliance with
Section 2-202 or from cooperating sources in the United States;
(g) Information about a person who is reasonably believed to be acting on
behalf of a foreign power, engaging in international terrorist activities or
narcotics production or trafficking, or endangering the safety of a person
protected by the United States Secret Service or the Department of State;
(h) Information acquired by overhead reconnaissance not directed at
specific United States persons;
(i) Information concerning United States persons abroad that is obtained in
response to requests from the Department of State for support of its consular
responsibilities relating to the welfare of those persons;
(j) Information collected, received, disseminated or stored by the FBI and
necessary to fulfill its lawful investigative responsibilities; or
(k) Information concerning persons or activities that pose a clear threat to
any facility or personnel of an agency within the Intelligence Community-Such
information may be retained only by the agency threatened and, if appropriate,
by the United States Secret Service and the FBI.
2-3. Additional Restrictions and Limitations.
2-301. Tax Information. No agency within the Intelligence Community shall
examine tax returns or tax information except as permitted by applicable law.
2-302. Restrictions on Experimentation. No agency within the Intelligence
Community shall sponsor, contract for, or conduct research on human subjects
except in accordance with guidelines issued by the Department of Health,
Education and Welfare. The subject's informed consent shall be documented as
required by those guidelines.
2-303. Restrictions on Contracting. No agency within the Intelligence Com-
munity shall enter into a contract or arrangement for the provision of goods or
services with private companies or institutions in the United States unless the
agency sponsorship is known to the appropriate officials of the company or
institution. In the case of any company or institution other than an academic
institution, intelligence agency sponsorship may be concealed where ' it is
determined, pursuant to procedures approved by the Attorney General, that
such concealment is necessary to maintain essential cover or proprietary ar-
rangements 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. Restrictions on Special Activities. No component of the United States
Government except an agency within the Intelligence Community may conduct
any special activity. No such agency except the CIA (or the military services in
wartime) may conduct any special activity unless the President determines, with
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the SCC's advice, that another agency is more likely to achieve a particular
objective.
2-307. Restrictions on Indirect Participation in Prohibited Activities. No agency of
the Intelligence Community shall request or otherwise encourage, directly or
indirectly, any person, organization, or government agency to undertake activi-
ties forbidden by this Order or by applicable law.
2-308. Restrictions on Assistance to Law Enforcement Authorities. Agencies with-
in the Intelligence Community other than the FBI shall not, except as expressly
authorized by law:
(a) Provide services, equipment, personnel or facilities to the Law Enforce-
ment Assistance Administration (or its successor 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 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, international narcotics production and trafficking, or international
terrorist activities; or
(c) Provision of specialized equipment, technical knowledge, or assistance of
expert personnel for use by any department or agency or, when lives are
endangered, to support local law enforcement agencies. Provision of assistance
by expert personnel shall be governed by procedures approved by the Attorney
General.
2-310. Permissible Dissemination and Storage of Information. Nothing in Sec-
tions 2-201 through 2-309 of this Order shall prohibit:
(a) Dissemination to appropriate law enforcement agencies of information
which indicates involvement in activities that may violate federal, state, local or
foreign laws;
(b) Storage of information required by law to be retained;
(c) Dissemination of information covered by Section 2-208 (a)-(j) to
agencies within the Intelligence Community or entities of cooperating foreign
governments; or
(d) Lawful storage or dissemination of information solely for administrative
purposes not related to intelligence or security.
SECTION 3
OVERSIGHT OF INTELLIGENCE ORGANIZATIONS
3-1. Intelligence Oversight Board.
3-101. Membership. The President's Intelligence Oversight Board (IOB)
shall function within the White House. The IOB shall have three members who
shall be appointed by the President and who shall be from outside the
government and be qualified on the basis of ability, knowledge, diversity of
background and experience. No member shall have any personal interest in any
contractual relationship with any agency within the Intelligence Community.
One member shall be designated by the President as chairman.
3-102. Duties. The IOB 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 IOB intelligence
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activities that raise questions of legality or propriety, and consider written and
oral reports referred under Section 3-201;
(b) Review periodically for adequacy the internal guidelines of each agency
within the Intelligence Community concerning the legality or propriety of intelli-
gence activities;
(c) Report periodically, at least quarterly, to the President on its findings;
and report in a timely manner to the President any intelligence activities that
raise serious questions of legality or propriety;
(d) Forward to the Attorney General, in a timely manner, reports received
concerning intelligence activities in which a question of legality has been raised
or which the IOB believes to involve questions of legality; and
(e) 'Conduct such investigations of the intelligence activities of agencies
within the Intelligence Community as the Board deems necessary to carry out its
functions under this Order.
3-103. Restriction on Staff. No person who serves on the staff of the IOB
shall have any contractual or employment relationship with any agency within
the Intelligence Community.
3-2. Inspectors General and General Counsel. Inspectors General and General
Counsel with responsibility for agencies within the Intelligence Community
shall:
3-201. Transmit timely reports to the IOB concerning any intelligence
activities that come to their attention and that raise questions of legality or
propriety;
3-202. Promptly report to the IOB actions taken concerning the Board's
findings on intelligence activities that raise questions of legality or propriety;
3-203. Provide to the IOB information requested concerning the legality
or propriety of intelligence activities within their respective agencies;
3-204. Formulate practices and procedures for discovering and reporting
to the IOB intelligence activities that raise questions of legality or propriety; and
3-205. Report to the IOB any occasion on which the Inspectors General
or General Counsel were directed not to report any intelligence activity to the
IOB which they believed raised questions of legality or propriety.
3-3. Attorney General. The Attorney General shall:
3-301. Receive and consider reports from agencies within the Intelligence
Community forwarded by the IOB;
3-302. Report to the President in a timely fashion any intelligence activi-
ties which raise questions of legality;
3-303. Report to the IOB and to the President in a timely fashion
decisions made or actions taken in response to reports from agencies within the
Intelligence Community forwarded to the Attorney General by the JOB;
3-304. Inform the IOB of legal opinions affecting the operations of the
Intelligence Community; and
3305. Establish or approve procedures, as required by. this Order, for the
conduct of intelligence activities. Such procedures shall ensure compliance with
law, protect constitutional rights and privacy, and ensure that any intelligence
activity within the United States or directed against any United States person is
conducted by the least intrusive means possible. The procedures shall also
ensure that any use, dissemination and storage of information about United
States persons acquired through intelligence activities is limited to that neces-
sary to achieve lawful governmental purposes.
3-4. Congressional Intelligence Committees. Under such procedures as the President
may establish and consistent with applicable authorities and duties, including
those conferred by the Constitution upon the Executive and Legislative
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Branches and by law to protect sources and methods, the Director of Central
Intelligence and heads of departments and agencies of the United States
involved in intelligence activities shall:
3-401. Keep the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the Senate fully
and currently informed concerning intelligence activities, including any signifi-
cant anticipated activities which are the responsibility of, or engaged in, by such
department or agency. This requirement does not constitute a condition
precedent to the implementation of such intelligence activities;
3-402. Provide any information or document in the possession, custody, or
control of the department or agency or person paid by such department or
agency, within the jurisdiction of the Permanent Select Committee on Intelli-
gence of the House of Representatives or the Select Committee on Intelligence
of the Senate, upon the request of such committee; and
3-403. Report in a timely fashion to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee on
Intelligence of the Senate information relating to intelligence activities that are
illegal or improper and corrective actions that are taken or planned.
4-1. Implementation.
4-101. Except as provided in section 4-105 of this section, this Order shall
supersede Executive Order 11905, "United States Foreign Intelligence Activi-
ties," dated February 18, 1976; Executive Order 11985, same subject, dated
May 1S, 1977; and Executive Order 11994, same subject, dated June 1, 1977.
4-102. The NSC, the Secretary of Defense, the Attorney'General and the
Director of Central Intelligence shall issue such appropriate directives and
procedures as are necessary to implement this Order.
4-103. Heads of agencies within the Intelligence 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.
4-105. Where intelligence activities under this Order are to be conducted
pursuant to procedures approved or agreed to by the Attorney General, those
activities may be conducted under terms and conditions of Executive Order
11905 and any procedures promulgated thereunder until such Attorney General
procedures are established. Such Attorney General procedures shall be estab-
lished as expeditiously as possible after the issuance of this Order.
4-106. In some instances, the documents that implement this Order will
be classified because of the sensitivity of the information and its relation to
national security. All instructions contained in classified documents will be
consistent with this Order. All procedures promulgated pursuant to this Order
will be made available to the Congressional intelligence committees in accor-
dance with Section 3-402.
4-107. Unless otherwise specified, the provisions of this Order shall apply
to activities both within and outside the United States, and all references to law
are to applicable laws of the United States, including the Constitution and this
Order. Nothing in this Order shall be construed to apply to or interfere with any
authorized civil or criminal law enforcement responsibility of any department or
agency.
4-2. Definitions. For the purposes of this Order, the following terms shall have
these meanings-
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THE PRESIDENT
4-201. Communications security means protective measures taken to deny
unauthorized persons information derived from telecommunications of the
United States Government related to national security and to ensure the
authenticity of such telecommunications.
4-202. Counterintelligence means information gathered and activities con-
ducted to protect against espionage and other clandestine intelligence activities,
sabotage, international terrorist activities or assassinations conducted for or on
behalf of foreign powers, organizations or persons, but not including personnel,
physical, document, or communications security programs.
4-203. Electronic Surveillance means acquisition of a nonpublic communica-
tion 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 communi-
cation, 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.
4-206. Intelligence means foreign intelligence and counterintelligence.
4-207. Intelligence Community and agency or agencies within the Intelligence
Community refer to the following organizations:
(a) The Central Intelligence Agency'(CIA);
(b) The National Security Agency (NSA);
(c) The Defense Intelligence Agency;
(d) The Offices within the Department of Defense for the 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, the Department of Energy,
and the Drug Enforcement Administration (DEA); and
(g) The staff elements of the Office of the Director of Central Intelligence.
4-208. Intelligence product means the estimates, memoranda 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, influenc-
ing the policy of a government or international organization by intimidation or
coercion, or obtaining widespread publicity for a group or its cause; and
(c) transcends national boundaries in terms of the means by which it is
accomplished, the civilian population, government, or international organiza-
tion it appears intended to coerce or 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 modification by the President.
(a) The programs of the CIA;
{b) The Consolidated Cryptologic Program, the General Defense Intelli-
gence Program, and the programs of the offices within the Department of
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3691
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3692 THE PRESIDENT
Defense for the collection of specialized national foreign intelligence through
reconnaissance except such elements as the Director of Central Intelligence and
the Secretary of Defense agree should be excluded;
(c) Other programs of agencies within the Intelligence Community desig-
nated jointly by the Director of Central Intelligence and the head of the
department or by the President as national foreign intelligence or counterintelli-
gence activities;
(d) Activities of the staff elements of the Office of the Director of Central
Intelligence.
(e) Activities to acquire the intelligence required for the planning and
conduct of tactical operations by the United States military forces are not
included in the National Foreign Intelligence Program.
4-211. Physical surveillance means an unconsented, systematic and deliber-
ate 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 thereat 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 abroad in support of
national foreign policy objectives which are designed to further official United
States programs and policies abroad and which are planned and executed so
that the role of the United States Government is not apparent or acknowledged
publicly, and functions in support of such activities, but not including diplomatic
activity or the collection and production of intelligence or related support
functions.
4-213. United States, when used to describe a place, includes the territories
of the United States.
4-214. United States person means a citizen of the United States, an alien
lawfully admitted for permanent residence, an unincorporated association orga-
nized in the United States or substantially composed of United States citizens or
aliens admitted for permanent residence, or a corporation incorporated in the
United States.
THE WHITE HOUSE,
January 24, 1978.
[FR Doc. 78-2420 Filed 1-25-78; 11:12 am]
(0 I-e-1-
EDITORIAL NOTE: The President's statement and remarks of Jan. 24, 1978, on signing Executive
Order 12036, are printed in the Weekly Compilation of Presidential Documents (vol. 14, No. 4).
FEDERAL REGISTER, VOL. 43, NO. 18-THURSDAY, JANUARY 26, 1978
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