PROPOSED/POSSIBLE NEW PROVISIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000200020051-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 73
• Document Creation Date: December 16, 2016
• Document Release Date: August 1, 2005
• Sequence Number: 51
• Publication Date: April 15, 1981
• Content Type: REGULATION

Executive Order 12036
as amended
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15 APR 1981
PROPOSED/POSSIBLE ALTERNATIVES/COMMENTS
NEW PROVISIONS
DIRECTION, DUTIES AND
RESPONSIBILITIES WITH
RESPECT TO THE NATIONAL
INTELLIGENCE EFFORT
1-1. National Security Council.
1-2. NSC Policy Review
Committee.
1-3.' NSC Special Coordination
Committee.
[Deleted. See draft NSDD No. 2,
dated 25 February 1981.1
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1-4. National Foreign Intelli-
gence Board.
1-401. Establishment and
Duties. There is established a
National Foreign Intelligence
Board (NFIB) to advise the
Director of Central Intelligence
concerning:
[An alternative is that the
purposes, functions, and member-
ship of the National Foreign
Intelligence Board and the
National Foreign Intelligence
Council will be reflected in the
memorandum of the Director of
Central Intelligence on this
subject, dated 9 March 1981.]
(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 intelli-
gence matters;
(e) The protection of
intelligence sources and methods;
(f) Activities of common
concern; and
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(1-401. Continued)
(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 appro-
priate 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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1-403. Restricted
Membership and Observers. When
the NFIB meets for the purpose of
section 1-402(a), it shall be
composed solely of the senior
intelligence officers of the
designated agencies. The senior
intelligence officers of the
Army, Navy and Air Force may
attend all meetings of the NFIB
as observers.
1-5. National Intelligence [Deleted. CIA, NSA, IC Staff,
Tasking Center. State Department proposal.]
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 representa-
tives of the chiefs of each of
the Department of Defense intel-
ligence organizations engaged in
national foreign intelligence
activities. Other agencies
within the Intelligence Community
may also designate representa-
tives.
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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 organiza-
tions and systems;
National Foreign
Intelligence Collection. The
Director of Central Intelligence
is responsible for coordinating
and tasking national foreign
intelligence collection activi-
ties. The DCI shall establish
mechanisms to:
(a) Translate national
foreign intelligence requirements -
and priorities developed by the
NFIB and NFIC into specific
collection objectives and targets
for the intelligence Community.
(b) Assign targets and
objectives to national foreign
intelligence collection organiza-
tions and systems.
[For the sake of clarity and the
reader's convenience, the CIA's
proposed new DCI section is
placed throughout the spread
sheet in the third column
opposite Sections 1-5 and 1-6.
If there is no alternative
proposal, the CIA concurs in the
present EO 12036 language.]
Director of
Central Intelligence: 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 else-
where in this order, shall:
-- Establish mechanisms
to translate national foreign
intelligence objectives and
priorities developed by the?NSC
into specific guidance for the
Intelligence Community. [CIA
proposal.]
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 Approved For Release 2005108/15: CIA-RDP87B01034R000200020051-6[New DCI section proposed by CIA,
continued. The Director of
Central intelligence ... shall:]
(1-502. Continued)
(c) Ensures the timely
dissemination and exploitation of
data*for national foreign intel-
ligence purposes gathered by
national foreign intelligence
collection means, and ensures the
resulting intelligence flow is
routed immediately to relevant
components and commands;
(c) Ensure timely
dissemination and exploitation of
data for national foreign intel-
ligence purposes gathered by
national foreign intelligence
collection means, and ensure the
resulting intelligence flow is
routed immediately to relevant
components and commands.
-- Ensure the timely
exploitation and dissemination of
data gathered by national foreign
intelligence collection means,
and ensure that the resulting
intelligence is disseminated
immediately to appropriate compo-
nents and commands. [CIA
proposal.]
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 Approved For Release 2005108/15: CIA-RDP87B01034R000200020051-6[New DCI section proposed by CIA,
continued. The Director of
Central Intelligence ... shall:]
(1-502. Continued)
(d) Provides advisory
tasking concerning collection of
national foreign intelligence to
departments and agencies having
information collection capabili-
ties or intelligence assets that
are not a part of the National
Foreign Intelligence Program.
Particular emphasis shall be
placed on increasing the contri-
bution of departments or agencies
to the collection of information
through overt means.
(d) Provide advisory
tasking concerning collection of
national foreign intelligence to
departments and agencies having
information collection capabili-
ties or intelligence assets that
are not a part of the National
Foreign Intelligence Program.
Particular emphasis shall be
placed on increasing the contri-
bution of departments or agencies
to the collection of information
through overt means. [IC Staff
proposal.]
-- Provide to depart-
ments 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.
Particular emphasis shall be
placed on increasing the
contribution of departments or
agencies to the collection of
information through overt
means. [CIA proposal.]
1-503. Resolution of
Conflicts. The NITC shall have
the authority to resolve
conflicts of priority. Any PRC
member may appeal such a resolu-
tion to the PRC; pending the
PRC's decision, the tasking
remains in effect.
Resolution of
Conflicts. The Director of
Central Intelligence shall
resolve conflicts of priority.
Any Senior Interdepartmental
Group (Intelligence) member may
appeal such resolution to the DCI
with a view toward obtaining an
NSC determination. Pending the
NSC decision, the tasking will
remain in effect. [IC Staff
proposal.]
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Resolve tasking
conflicts of priority in national
foreign intelligence activites.
[CIA proposal.]
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1-504. Transfer of [Deleted. CIA, NSA, IC Staff,
Authority. All responsibilities State Department proposal.]
and authorities of the Director
of Central intelligence concern-
ing 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 respon-
sibilities and authorities of the
Director of Central Intelligence
concerning the NITC.
1-6. The Director of Central
Intelligence.
1-601. Duties. The
Director of Central Intelligence
shall be responsible directly to
the NSC and, in addition to the
duties specified elsewhere in
this order, shall:
[See page 5.1
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 Approved For Release 2005108/15: CIA-RDP87B01034R000200020051-6[New DCI section proposed by CIA,
continued. The Director of
Central Intelligence ... shall:]
(1-601. Continued)
(a) Act as the primary
adviser to the President and the
NSC on national foreign intelli-
gence and provide the President
and other officials in the Execu-
tive 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 responsibility;
(c) Act, in appropriate
consultation with the departments
and agencies, as the Intelligence
Community's principal spokes-
person to the Congress, the news
media and the public, and facili-
tate the use of national foreign
intelligence products by the
Congress in a secure manner;
(a) Act as the primary
adviser to the President and the
NSC on national intelligence and
provide the President and other
officials in the Executive Branch
with national intelligence.
[Acting SA/DCI/CI proposal.]
-- Maintain, subject to
the direction, control, and
management of the DCI, staff
elements to coordinate the
National Foreign Intelligence
Program and budget and national
foreign intelligence activities.
[CIA proposal; new section in
addition to current 1-601(b).]
-- Serve as a member of
the Cabinet. [CIA proposal; new
section.]
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 Approved For Release 2005108/15: CIA-RDP87B01034R000200020051-6[New DCI section proposed by CIA,
continued. The Director of
Central Intelligence ... shall:]
(1-601. Continued)
(d) Develop, consistent
with the requirements and prior-
ities established by the PRC,
such objectives and guidance for
the Intelligence Community as
will enhance capabilities for
responding to expected future
needs for national foreign intel-
ligence;
(e) Promote the develop-
ment and maintenance of services
of common concern by designated
foreign intelligence organiza-
tions on behalf of the Intelli-
gence Community;
(f) Ensure implementa-
tion of special activities;
(d) Consistent with
major objectives and priorities
established by the SIG-I, develop
with the advice of NFIC such
requirements, priorities and
guidance for the Intelligence
Community as will enhance
capabilities for responding to
expected future needs for foreign
intelligence. [State Department
proposal.]
(e) Promote the develop-
ment and maintenance of services
of common concern by designated
intelligence organizations on
behalf of the Intelligence Commu-
nity. [Acting SA/DCI/CI
proposal.]
(d) Develop such objec-
tives and guidance for the Intel-
ligence Community as will enhance
capabilities for responding to
expected future needs for
national foreign intelligence.
[CIA proposal.]
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 Approved For Release 2005108/15: CIA-RDP87B01034R000200020051-6[New DCI section proposed by CIA,
continued. The Director of
Central Intelligence ... shall:]
(1-601. Continued)
(g) Formulate policies
concerning intelligence arrange-
ments with foreign governments,
and coordinate intelligence
rela?ti^nships between agencies of
the Intelligence Community and
the intelligence or internal
security services of foreign
governments;
(g) With the advice of
NFIB, formulate policies concern-
ing intelligence arrangements
with foreign governments, and
coordinate intelligence relation-
ships between agencies of the
Intelligence Community and the
intelligence or internal security
services of foreign govern-
ments. [State Department
proposal.]
(h) Conduct a program to
ensure that foreign intelligence
information is adequately
protected through proper classi-
fication. [NSA proposal.]
-- Formulate policies
concerning intelligence arrange-
ments with foreign governments,
and coordinate intelligence
arrangements with foreign govern-
ments, and coordinate intelli-
gence relationships between
departments and agencies and the
intelligence or internal security
services of foreign govern-
ments. [CIA proposal.]
(h) Conduct a program to
protect against overclassifica-
tion of foreign intelligence
information;
(i) Ensure the estab-
lishment 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 activi-
ties;
[Deletion proposed by Doi.]
-- Conduct a program to
protect against improper national
security classification of
foreign intelligence informa-
tion. [CIA proposal.]
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 Approved For Release 2005108/15: CIA-RDP87B01034R000200020051-6[New DCI section proposed by CIA,
continued. The Director of
Central Intelligence ... shall:]
(1-601. Continued)
(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 Intelli-
gence Community; and
(m) Establish appro-
priate committees or other
advisory groups to assist in the
execution of the foregoing
responsibilities.
-- Establish, with the
advice of the Intelligence Commu-
nity, minimum security standards
and procedures to govern all
individuals and entities having
access to or that distribute
foreign intelligence and counter-
intelligence subject to specific
statutory requirements applicable
to any department or agency.
[CIA proposal.]
[Deleted. CIA proposal.]
(n) Coordinate with the
Secretary of State to ensure that
national foreign intelligence
activities are consistent with
U.S. foreign policy objectives
and interests. [State Department
proposal; new section.]
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 Approved For Release 2005108/15: CIA-RDP87B01034R000200020051-6[New DCI section proposed by CIA,
continued. The Director of
Central intelligence ... shall:]
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;
[Deleted. CIA proposal.]
-- Provide guidance for
National Foreign Intelligence
Program and budget development to
Intelligence Community program
managers and department and
agency heads. [CIA proposal.]
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 Approved For Release 2005108/15: CIA-RDP87B01034R000200020051-6[New DCI section proposed by CIA,
continued. The Director of
Central Intelligence ... shall:]
(1-602. Continued)
(b) The heads of depart-
ments 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 Intel-
ligence, by the program managers
and heads of component activi-
ties, and shall also ensure that
the Director of Central Intelli-
gence is provided, in a timely
and responsive manner, all infor-
mation necessary to perform the
Director's program and budget
responsibilities;
[Deleted. See CIA proposal
opposite section 1-605.]
-- Ensure, together
with the Secretary of Defense,
who shall provide the Director of
Central Intelligence all informa-
tion necessary for this purpose,
that there is no unnecessary
overlap between national foreign
intelligence programs and intel-
ligence-related activities o,f the
Department of Defense. [CIA
proposal.]
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 Approved For Release 2005108/15: CIA-RDP87B01034R000200020051-6 [New DCI section proposed by CIA,
continued. The Director of
Central Intelligence ... shall:]
(1-602. Continued)
(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, estab-
lish rates of obligation for
appropriated funds;
(c) The Director of
Central Intelligence shall review
and evaluate the national program
and budget submissions and, with
the advice of the appropriate
Intelligence Community advisory
group 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. [IC Staff proposal.]
[Moved. See CIA proposal at
section 1-605.]
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-- Develop, with the
advice of the departments and
agencies concerned, the
consolidated National Foreign
Intelligence Program budget and
present it to the President
through the office of Management
and Budget. [CIA proposal.]
[CIA proposal.]
-- Present and justify
the National Foreign Intelligence
Program budget to the Congress.
 Approved For Release 2005108/15: CIA-RDP87B01034R000200020051-6 [New DCI section proposed by CIA,
continued. The Director of
Central Intelligence ... shall:]
(1-602. Continued)
(f) The Director of
Central Intelligence shall have
full and exclusive authority for
reprogramming National Foreign
Intelligence Program funds, in
accord with guidelines estab-
lished by the Office of Manage-
ment and Budget, but shall do so
only after consultation with the
head of the department affected
and appropriate consultation with
the Congress;
(g) The departments and
agencies may appeal to the Presi-
dent decisions by the Director of
Central Intelligennce on budget
or reprogramming matters of the
National Foreign Intelligence
Program.
(h) The Director of
Central. Intelligence shall
monitor National Foreign Intelli-
gence Program implementation and
may conduct program and perfor-
mance audits and evaluations.
[Moved. See CIA proposal at
section 1-605, page 21.]
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-- Review and approve
all requests for reprogramming
National Foreign Intelligence
Program funds, in accord with
guidelines established by the
Office of Management and Budget.
[CIA proposal.]
Monitor National
Foreign Intelligence Program
implementation and, as necessary,
conduct program and performance
audits and evaluations. [CIA
proposal.]
 Approved For Release 2005108/15: CIA-RDP87BO1034R000200020051-6 [New DCI section proposed by CIA,
continued. The Director of
Central Intelligence ... shall:]
1-60 3. Responsibility
for National Foreign Intelli-
gence. 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 depart-
mental 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 differ-
ences of judgment within the
Intelligence Community are
brought to the attention of
national policymakers.
-- Have full respon-
sibility for production and
dissemination of national foreign
intelligence and authority to
levy analytic tasks on depart-
mental 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 differ-
ences of judgment within the
Intelligence Community are
brought to the attention of
national policymakers. [CIA.
proposal.]
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 Approved For Release 2005/08/15: CIA-RDP87B01034R000200020051-6 [New DCI section proposed by CIA,
continued. The Director of
Central Intelligence ... shall:]
1-604. Protection of
Sources, Methods and Proce-
dures. The Director of Central
Intelligence shall ensure that
programs are developed which
protect intelligence sources,
methods and analytical proce-
dures, provided that this respon-
sibility shall be limited within
the United States to:
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 intelli-
gence information, including
information that may reveal
intelligence sources and methods.
-- Develop, in accor-
dance with applicable law and
restrictions contained in this
Order, specific means to protect
intelligence sources and methods
from unauthorized disclosure,
including the establishment of
minimum standards and procedures
to govern all individuals and
entities having access to or that
distribute information that would
reveal these sources and
methods. [CIA proposal.]
(a) Using lawful means
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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 proce-
dures, 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
Intelli qence. 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 intelli-
gence, developed by the CIA or
the staff elements of the office
of the Director of Central Intel-
ligence, relevant to the national
intelligence needs of the depart-
ments and agencies.
[Proposed new
section.] Duties and Respon-
sibility of the Heads of
Executive Branch Departments and
A eg ncies.
--
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 intelli-
gence needs of the United States
and shall give due consideration
to requests from the Director of
Central Intelligence for appro-
priate support for Intelligence
Community activities. [CIA
proposal.]
[Deleted. CIA proposal.]
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-- The heads of depart-
ments and agencies involved in
the National Foreign Intelligence
Program shall:
(a) Ensure timely devel-
opment and submission to the
Director of Central Intelligence
of proposed national programs and
budgets in the format designated
by the Director of Central Intel-
ligence, by the program managers
and heads of component activi-
ties, and shall also ensure that
the Director of Central Intel-
ligence is provided, in a timely
and responsive manner, all infor-
mation necessary to perform the
Director's program and budget
responsibilities;
(b) Establish, in
consultation with the Director of
Central Intelligence, rates of
obligation for appropriated
funds. [CIA proposal; new
section.]
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-- The heads of depart-
ments and agencies involved in
the National Foreign Intelligence
Program may appeal to the Presi-
dent decisions by the Director of
Central Intelligence on budget or
reprogramming matters of the
National Foreign Intelligence
Program. [CIA proposal; new
section.]
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 Intelligence Community
in order to achieve efficiency
and mutual assistance;
1-7. Duties and Responsibili-
ties of the Heads of Intelligence
Community Organizations. The
heads of each of the organi-
zations within the Intelligence
Community shall: [CIA proposal.]
1-701. Ensure that all
activities of their organizations
are carried out in accordance
with applicable law and assigned
missions. [CIA proposal.]
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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, inspect, 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;
1-703. Contribute in
their areas of responsibility to
the national intelligence
products. [Acting SA/DCI/CI
proposal.]
1-705. Provide for
strong, independent, internal
means to identify, inspect, and
report on unlawful or improper
activity and on ways to improve
the effectiveness and efficiency
of their organization's
activities.
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1-707. In any case
involving serious or continuing
breaches of security, recommend
to the Attorney General that the
case be referred to the FBI for
further investigation;
1-708. Furnish the
Director of Central Intelligence,
the PRC and the SCC, in accor-
dance with applicable law and
Attorney General procedures, the
information 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 intelli-
gence activities of their organi-
zations which raise questions of
legality or propriety;
1-710. Protect intelli-
gence and intelligence sources
and methods consistent with
guidance from the Director of
Central Intelligence and the NSC;
1-708. Furnish the
Director of Central Intelligence
and the NSC, in accordance with
applicable law and Attorney
General procedures, the informa-
tion required for the performance
of their respective duties. [CIA
proposal.]
1-710. Protect intelli-
gence and intelligence sources
and methods from unauthorized
disclosure consistent with
guidance from the Director of
Central Intelligence and the
NSC. [CIA proposal.]
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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 over classifi-
cation of foreign intelligence;
1-713. Instruct their
employees to cooperate fully with
the Intelligence Oversight Board;
and
1-714. Ensure that the
Inspector General and General
Counsel of their agencies have
access to any information neces-
sary to perform their duties
assigned by this Order.
1-712. Execute programs
to protect against improper
national security classification
of foreign intelligence. [CIA
proposal.]
1-714. Ensure that the
Inspectors General and General
Counsel of their organizations
have access to any information
necessary to perform their duties
assigned by this Order. [CIA
proposal.]
1-712. Execute programs
to protect foreign intelligence
through proper classification.
(NSA proposal.]
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1-8. The Central Intelligence
Agency.
All duties and responsi-
bilities 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 informa-
tion not otherwise obtainable,
and develop, conduct, or provide
support for technical and other
programs which collect national
foreign intelligence. The
collection of information within
the United States shall be
coordinated with the FBI as
required by procedures agreed
upon. by the Director of Central
Intelligence and the Attorney
General;
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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 counter-
intelligence 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 secu-
rity functions, conduct counter-
intelligence activities within
the United States, but only in
coordination with the FBI and
subject to the approval of the
Attorney General;
1-802. Produce and
disseminate foreign intelligence
relating to the national secu-
rity, including foreign
political, economic, scientific,
technical, military, geographic,
biographic, and sociological
intelligence to meet the needs of
the President, the NSC, and other
elements of the United States
Government. [CIA proposal.]
1-803. Collect, produce
and disseminate strategic intel-
ligence on foreign aspects of
narcotics production and
trafficking. [CIA proposal.]
1-804. Conduct counter-
intelligence activities outside
the United States and coordinate
all counterintelligence activi-
ties conducted outside the United
States by other departments and
agencies. [CIA proposal.]
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1-806. Produce and
disseminate counterintelligence
studies and reports;
1-807. Coordinate the
collection outside the United
States of intelligence informa-
tion not otherwise obtainable;
1-808. Conduct special
activities approved by the
President and carry out such
activities consistent with appli-
cable law;
1-809. Conduct services
of common concern for the Intel-
ligence Community as directed by
the NSC.
1-810. Carry out or
contract for research, develop-
ment and procurement of technical
systems and devices relating to
authorized functions;
1-807. Coordinate the
collection outside the United
States of intelligence informa-
tion by clandestine means and
coordinate the collection outside
the United States of intelligence
information not otherwise obtain-
able. [CIA proposal.]
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1-811. Protect the
security of its installations,
activities, information and
personnel by appropriate means,
including such investigations of
applicants, employees,
contractors, and other persons
with similar associations with
the 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 func-
tions described in section 1-801
through 1-811 above, including
procurement and essential cover
and proprietary arrangements.
1-811. Protect the secu-
rity of its installations,
activities, assets, information
and personnel by appropriate
means, including such investiga-
tions of applicants, employees,
contractors, and other persons
with similar associations with
the CIA as are necessary. [CIA
proposal.]
1-813. Provide legal and
1-813. Provide
legal,
legislative services and other
legislative, oversight,
and
administrative support to the
administrative support
services
Office of the Director of Central
to the staff elements of the
Intelligence.
Office of the Director of Central
Intelligence. [CIA proposal.]
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1-9. The Department of State.
The Secretary of State
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 execu-
tion of the Secretary's respon-
sibilities;
1-903. Disseminate, as
appropriate, reports received
from United States diplomatic and
consular posts abroad;
1-904. Coordinate with
the Director of Central Intelli-
gence to ensure that national
foreign intelligence activities
are useful-to and consistent with
United States foreign policy;
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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 responsibilities for
direction and coordination of
mission activities.
1-10. The Department of the
Treasury.
The Secretary of the
Treasury shall:
1-1001. Overtly collect
foreign financial 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
responsibilities; and
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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
1-1101. Collect national
foreign intelligence and be
responsive to collection tasking
by the NITC.
1-1101. Collect national
1-1101. Collect national
foreign intelligence and be
foreign intelligence and be
responsive to the requirements of
responsive to requirements
and
the Director of Central Intelli-
priorities established by
the
gence. [CIA proposal.]
Director of Central Intelligence
with the advice of NFIC.
[State
Department proposal.]
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1-1102. Collect, produce
and disseminate foreign military
and military-related intelligence
information, including scien-
tific, technical, political,
geographic and economic informa-
tion 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 counter-
intelligence 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 Secretary of Defense
and the Attorney General, and
produce and disseminate counter-
intelligence studies and reports;
1-1105. Direct, operate,
control and provide fiscal
management for the National Secu-
rity*Agency and for defense and
military intelligence and
national reconnaissance entities;
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1-1106. Conduct, as the
executive agent of the United
States Government, signals intel-
ligence 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 Govern-
ment;
1-1108. Review budget
data and information on Depart-
ment of Defense programs within
the National Foreign Intelligence
Program and review budgets
submitted by program managers to
the Director of Central Intelli-
gence to ensure the appropriate
relationship of the National
Foreign Intelligence Program
elements to the other elements of
the Defense program;
1-1109. Monitor, evaluate
and conduct performance audits of
Department of Defense intelli-
gence programs;
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1-1110. Carry out or
contract for research, develop-
ment and procurement of technical
systems and devices relating to
authorized intelligence func-
tions;
1-1111. Together with the
Director of Central Intelligence,
ensure that there is no unneces-
sary overlap between national
foreign intelligence programs and
Department of Defense intelli-
gence programs and provide the
Director of Central Intelligence
all information necessary for
this purpose;
1-1112. Protect the secu-
rity of Department of Defense
installations, activities, infor-
mation and personnel by appro-
priate means including such
investigations of applicants,
employees, contractors and other
persons with similar associations
with the Department of Defense as
are necessary; and
[See page 14.]
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1-1113. Conduct such
administrative and technical
support activities within and
outside the United States as are
necessary to perform the
functions described in section
1-1101 through 1-1112 above.
1-12. Intelligence Components
Utilized by the Secretary of
Defense.
In carrying out the
responsibilities assigned in
sections 1-1101 through 1-1113,
the Secretary of Defense is
authorized to utilize the follow-
ina:
1-1201. Defense Intelli-
Vence Agency, whose responsibil-
ites 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;
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(1-1201. Continued)
(b) Provision of mili-
tary intelligence for national
foreign intelligence products;
(c) Coordination of all
Department of Defense intelli-
gence collection requirements for
departmental needs;
(d) Management of the
Defense Attache system; and
(e) Provision of foreign
intelligence and counterintelli-
gence staff support as directed
by the Joint Chiefs of Staff.
1-1202. National Security
Agency (NSA), whose responsibil-
ities shall include:
(b) Provision of
military intelligence for
national foreign intelligence
products in accordance with
guidance from the Director of
Central Intelligence. [CIA
proposal.]
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(1-1202. Continued)
(a) Establishment and
operation of an effective unified
organization for signals intelli-
gence 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 intelligence
purposes in accordance with task-
ing by the NITC;
(c) Collection of
signals intelligence information
for national foreign intelligence
purposes in accordance with
guidance from the Director of
Central Intelligence. [CIA
proposal.]
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(c) Collection of
signals intelligence for national
foreign intelligence purposes in
accordance with requirements and
priorities established by the
Director of Central Intelligence
with the advice of NFIC. [State
Department proposal.]
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(1-1202. Continued)
(d) Processing of
signals intelligence data for
national foreign intelligence
purposes consistent with
standards for timeliness estab-
lished 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;
(d) Processing of
signals intelligence data for
national foreign intelligence
purposes in accordance with
guidance from the Director of
Central Intelligence. [CIA
proposal.]
(e) Dissemination of
signals intelligence information
for national foreign intelligence
purposes to authorized elements
of the Government, including the
military services, in accordance
with guidance from the Director
of Central Intelligence. [CIA
proposal.]
(f) Collection, process-
ing, and dissemination of signals
intelligence information for
counterintelligence purposes;
(g) Provision of signals
intelligence support for the
conduct of military operations in
accordance with tasking, priori-
ties 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;
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(e) Dissemination of
signals intelligence information
for national foreign intelligence
purposes to authorized elements
of the Government, including the
military services, in accordance
with guidance from the Director
of Central Intelligence with the
advice of NFIC. [State
Department proposal.]
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(1-1202. Continued)
(h) Executing the
responsibilites of the Secretary
of Defense as executive agent for
the communications security of
the United States Government;
(i) Conduct of research
and development to meet needs of
the United States for signals
intelligence and communications
security;
(j) Protection of the
security of its installations,
activities, information and
personnel by appropriate means
including such investigations of
applicants, employees, contrac-
tors and other persons with
similar associations with the NSA
as are necessary; and
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(1-1202. Continued)
(k) Prescribing, within
its field of authorized opera-
tions, security regulations
covering operating practices,
including the transmission,
handling and distribution of
signals intelligence and commu-
nications security material
within and among the elements
unde.r control of the Director of
the NSA, and exercising the
necessary supervisory control to
ensure compliance with the regu-
lations.
1-1203. Offices for the
collection of specialized intel-
ligence through reconnaissance
programs, whose responsibilities
shall include:
(a) Carrying out consol-
idated reconnaissance programs
for specialized intelligence;
(b) Responding to task-
ing through the NITC; and
(b) Responding to
guidance from the Director of
.Central Intelligence; and [CIA
proposal.]
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(b) Responding to
requirements and priorities
established by the Director of
Central Intelligence with the
advice of NFIC; and [State
Department proposal.]
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(1-1203. Continued)
(c) Delegating authority
to the various departments and
agencies for research, develop-
ment, procurement, and operation
of designated means of collec-
tion.
1-1204. The foreign
intelligence and counterintelli-
gence elements of the military
services, whose responsibilities
shall include:
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(1-1204. Continued)
(a) Collection, produc-
tion and dissemination of
military and military-related
foreign intellilgence, including
information on indications and
warnings, foreign capabilities,
plans and weapons systems,
scientific and technical develop-
ments and narcotics production
and trafficking. When collec-
tion, production or dissemination
is conducted in response to
national foreign intelligence
requirements, 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; [CIA proposal.]
(a) Collection, produc-
tion and dissemination of
military and military-related
foreign intelligence, including
information on indications and
warnings, foreign capabilities,
plan and weapons systems,
scientific and technical develop-
ments and narcotics production
and trafficking. When collection
is conducted in response to
national foreign intelligence
requirements, it will be
responsive to requirements and
priorities established by the
Director of Central Intelligence
with the advice of NFIC. Collec-
tion of national foreign intelli-
gence, 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. [State Department
proposal.]
(a) Collection, produc-
tion and dissemination of
military and military-related
foreign intelligence, including
information on indications and
warnings, foreign capabilities,
plan and weapons systems,
scientific and technical develop-
ments 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;
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(1-1.204. Continued)
(b) Conduct of counter-
intelligence 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 counterintelli-
gence studies or reports; and
(c) Monitoring of the
development, procurement and
management of tactical intelli-
gence systems and equipment and
conducting related research,
development, and test and evalua-
tion activities.
1-1205. Other offices
within the Department of Defense
appropriate for conduct of the
intelligence missions and respon-
sibilities assigned to the Secre-
tary of Defense. If such other
offices are used for intelligence.
purposes, the provisions of
Section 2-101 through 2-309 of
this Order shall apply to those
offices when used for those
purposes.
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1-13. The Department of Energy.
The Secretary of Energy
1-1301. Participate with
the Department of State in
overtly collecting political,
economic and technical informa-
tion with respect to foreign
energy matters;
1-1302. Produce and
disseminate foreign intelligence
necessary for the Secretary's
responsibilities;
1-1303. Participate in
formulating intelligence collec-
tion and analysis requirements
where the special expert capa-
bility of the Department can
contribute; and
1-1304. Provide expert
technical, analytical and
research capability to other
agencies within the Intelligence
Community.
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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 counterintelli-
gence and coordinate counter-
intelligence 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;
1-1402. Conduct counter-
intelligence activities outside
the United States in coordination
with the CIA, subject to the
approval of the Director of
Central Intelligence;
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1-1403. Conduct within
the United States, when requested
by officials of the Intelligence
Community designated by the
President, lawful activities
undertaken to collect foreign
intelligence or support foreign
intelligence collection require-
ments of other agencies within
the. Intelligence Community;
1-1404. Produce and
disseminate foreign intelligence,
counterintelligence and counter-
intelligence studies and reports;
and
1-1405. Carry out or
contract for research, develop-
ment and procurement of technical
systems and devices relating to
the.functions authorized above.
1-15. The Drug Enforcement [Deleted. Justice Department
Administration, proposal.]
Under the supervision of
the Attorney General and pursuant
to such regulations as the
Attorney General may establish,
the Administrator of DEA shall:
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1-1501. Collect, produce
and disseminate intelligence on
the 'foreign and domestic aspects
of narcotics production and
trafficking in coordination with
other agencies with responsibili-
ties 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 Intelli-
gence to ensure that the foreign
narcotics intelligence activities
of DEA are consistent with other
foreign intelligence programs.
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 Approved For Release 2005/08/15 : CIA-RDP87B01034R000200020051-6 `} !~~ ' ;ynt
SECTION 3 SECTION 3
OVERSIGHT OF INTELLIGENCE OVERSIGHT OF INTELLIGENCE
ORGANIZATIONS ORGANIZATIONS
3-1. President's Foreign Intel-
ligence Advisory Board.
3-101. Duties. There is
hereby established within the
Executive Office of the President
the President's Foreign Intel-
ligence Advisory Board, herein-
after referred to as the
"Board." The Board shall:
(a) advise the President
concerning the objectives,
conduct, management and coordina-
tion of the various activities
comprising the overall national
intelligence effort;
(b) conduct a continuing
review and assessment of foreign
intelligence and related activi-
ties in which the Intelligence
Community and other Government
departments and agencies are
engaged;
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(3-101. Continued)
(c) 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 Intel-
ligence Community, in which the
support of the Board will further
the effectiveness of the national
intelligence effort; and
(d) report to the Presi-
dent periodically, but at least
semiannually, concerning the
Board's findings and appraisals,
and make appropriate recommenda-
tions for actions to achieve
increased effectiveness of the
Government's foreign intelligence
effort in meeting national intel-
ligence needs.
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3-1.. Intelligence Oversight
Board.
3-101. Membership. The
President's Intelligence Over-
sight Board (IOB) shall function
within the White House. The IOB
shall have three members who
shall be appointed by the Presi-
dent 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 Commu-
nity. One member shall be
designated by the President as
chairman.
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 possess-
ing other knowledge and abilities
which may be expected to
contribute to the effective per-
formance 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.
3-103. Intelligence Over-
sight Committee; duties. Three
members of the Board shall be
designated by the President as
the Board's Intelligence Over-
sight Committee (IOC). The IOC
shall:
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3-102. Duties:
The IC-B shall:
(a) Review periodically
the practices and procedures of
the Inspectors General and
General Counsel with responsibil-
ities for agencies within the
Intelligence Community for
discovering and reporting to the
IOB intelligence 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 guide-
lines of each agency within the
Intelligence Community concerning
the legality or propriety of
intelligence activities;
(c) Report periodically,
at least quarterly, to the Presi-
dent on its findings; and report
in a timely manner to the Presi-
dent any intelligence activities
that raise serious questions of
legality or propriety;
(a) review periodically
the practices and procedures of
the Inspectors General and
General Counsel with responsi-
bilities 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 raise serious questions of
legality or propriety.
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(3-102. Continued)
(d) Forward to the
Attorney General, in a timely
manner, reports received concern-
ing 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 inves-
tigations 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 Commu-
nity.
3-2. Inspectors General and
General Counsel. Inspectors
General and General counsel with
responsibility for agencies
within the Intelligence Community
shall:
(d) forward to the
Attorney General, in a timely
manner, reports received concern-
ing intelligence activities in
which a question of legality has
been raised or which the IOC
believes to involve questions of
legality;
(e) conduct such reviews
of the practices and activities
of agencies within the Intelli-
gence IOC as the Committee deems
necessary to carry out its func-
tions under this Order; and
3-2. Inspector General
and General Counsel. Inspectors
General and General Counsel with
responsibility for agencies
within the Intelligence Community
shall:
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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
concern-
ing 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 activi-
ties within their respective
agencies;
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
concerning the legality or
propriety of intelligence activi-
ties within their respective
agencies;
3-204. Formulate
practices and procedures for
3-204. Formulate
discovering and reporting to
the
practices and procedures for
IOB intelligence activities
that
discovering and reporting to
the
raise questions of legality
or
IOC intelligence activities
that
propriety; and
raise questions of legality
or
propriety; and
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3-205. Report to the IOB
any occasion on which the
Inspectors General or General
Counsel were directed not to
report any intelligence activity
to the IOB which they believed
raised questions of legality or
propriety.
3-3. Attorney General. The
Attorney General shall:
3-301. Receive and
consider reports from agencies
within the Intelligence Community
forwarded by the IOB;
3-302. Report to the
President in a timely fashion any
intelligence activities which
raise questions of legality;
3-205. 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
raise questions of legality;
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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 Attor-
ney General by the IOB;
3-304. Inform the IOB of
legal opinions affecting the
operations of the Intelligence
Community; and
3-305. Establish or
approve procedures, as required
by this Order, for the conduct of
intelligence activities. Such
procedures shall ensure
compliance with law, protect
constitutional rights and
privacy, and ensure that any
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 intelli-
gence activities is limited to
that necessary to achieve lawful
governmental purposes.
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;
3-304. Inform the IOC of
legal opinions affecting the
operations of the Intelligence
Community; and
3-305. Determine, as
required by this Order, that
procedures established by the
heads of agencies within the
Intelligence Community are
consistent with the Constitution
and statutes of the United
States. [As proposed by Section
2 Working Group.]
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3-4. Responsibilities of Heads
of Departments and Agencies. In
order to facilitate performance
of the Board's functions, the
Director of Central Intelligence
and the heads of all other
departments and agencies shall
make available to the Board all
information with respect to
foreign intelligence and related
matters which the Board may
require for the purpose of carry-
ing 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 neces-
sary security protection in
accordance with the terms and
provisions of applicable laws and
regulations.
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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 neces-
sary 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.
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3-6. Compensation and Allow-
ances. Compensation and allow-
ances 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 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 provi-
sions 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).
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3-4. Congressional Intelligence
Committees. Under such proce-
dures as the President may
establish and consistent with
applicable authorities and
duties, including those conferred
by the Constitution upon the
Executive and Legislative
Branches and by law to protect
sources and methods, the Director
of Central Intelligence and heads
of departments and agencies of
the United States involved in
intelligence activities shall:
3-401. Keep the
Permanent Select Committee on
Intelligence of the House of
Representatives and the Select
Committee on Intelligence of the
Senate fully and currently
informed concerning intelligence
activities, including any signif-
icant anticipated activities
which are the responsibility of,
or engaged in, by such department
or agency. This requirement does
not constitute a condition prece-
dent to the implementation of
such intelligence activities;
3-7. Congressional Oversight.
The duties and responsibilities
of the Director of Central Intel-
ligence and the heads of other
departments and agencies within
the Intelligence Community 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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3-402. Provide any
information or document in the
possession, custody, or control
of the department or agency or
person paid by such department or
agency, within the jurisdiction
of the Permanent Select Committee
on Intelligence of the House of
Representatives or the Select
Committee on Intelligence of the
Senate, upon the request of such
committee; 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 infor-
mation relating to intelligence
activities that are illegal or
improper and corrective that are
taken or planned.
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 SECTION 4
GENERAL PROVISIONS
4-1. Implementation.
4-101. Except as provided
in Section 4-105 of this section,
this order shall supersede Execu-
tive order 11905, "United States
Foreign Intelligence Activities,"
dated February 18, 1976; Execu-
tive order 11985, same subject,
dated may 13, 1977; and Executive
Order 11994, same subject, dated
June 1, 1977.
4-102. The NSC, the Secre-
tary 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 supple-
mentary directives and procedures
consistent with this order.-
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4-101. Except as
provided in section 4-105 of this
section, this order shall super-
sede 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.
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15AN"1jd
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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 counter-
intelligence.
4-105. Where intelligence
activities under this Order are
to be conducted pursuant to
procedures approved or agreed to
by the Attorney General, those
activities may be conducted under
terms and conditions of Executive
Order 11905 and any procedures
promulgated thereunder until such
Attorney General procedures are
established. Such Attorney
General procedures shall be
established as expeditiously as
possible after the issuance of
this Order.
4-105. Until the proce-
dures required by amendments to
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 this Order. Proce-
dures required by amendments to
this order shall be established
as expeditiously as possible.
[As proposed by Section 2 Working
Group.]
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4-106. In some instances,
the documents that implement this
Order will be classified because
of the sensitivity of the infor-
mation 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 will be made available to
the Congressional intelligence
committees in accordance with
Section 3-402.
4-107. Unless otherwise
specified, the provisions of this
Order shall apply to activities
both within and outside the
United States, and all references
to law are applicable laws of the
United States, including the
Constitution and this order.
Nothing in this Order shall be
construed to apply to or inter-
fere with any authorized civil or
criminal law enforcement respon-
sibility of any department or
agency.
4-106. In some
instances, the documents that
implement this Order will be
classified because of the sensi-
tivity 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 avail-
able to the Congressional intel-
ligence committees in accordance
with applicable law.
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4-2. Definitions.
For the purposes of this
Order, the following terms shall
have these meanings:
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.
4-201. Communications
security means protection
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 communications. Such
protection results from the
application of security measures
(including cryptosecurity, trans-
mission security, emissions
security) to electrical systems
generating, handling, processing,
or using national security or
national-security related infor-
mation. It also includes the
application of physical security
measures to communications secu-
rity information or materials.
[NSA proposal.]
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4-202. Counterintelligence
means information gathered and
activities conducted to protect
against espionage and other
clandestine intelligence activi-
ties, sabotage, international
terrorist activities or assassi-
nations conducted for or on
behalf of foreign powers, organi-
zations or persons, but not
including personnel, physical,
document, or communications secu-
rity programs.
4-203. Electronic Surveil-
lance means acquisition of a
nonpublic communication by
electronic means without the
consent of a person who is a
party to an electronic communica-
tion 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 direc-
tion finding equipment solely to
determine the location of a
transmitter.
4-202. Counterintelli-
gence 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 activi-
ties, but not including
personnel, physical, document, or
communications security
programs. [As proposed by
Section 2 Working Group.]
4-202. Counterintelli-
gence means information gathered
and activities conducted to
protect against espionage, other
intelligence activities, sabotage
or assassinations conducted for /V I l
or on behalf of foreign powers, V
organizations or persons, or
international terrorist activi-
ties. [As proposed by the Acting
SA/DCI/CI.]
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4-204. Employee means a
person employed by, assigned to,
or acting for an agency within
the Intelligence Community.
4-205. Foreign Intelli-
gence means information relating
to the capabilities, intentions
and activities of foreign powers,
organizations or persons, but not
including counterintelligence
except for information on inter-
national terrorist activities.
4-206. Intelligence means
foreign intelligence and counter-
intelligence.
4-207. Intelligence Commu-
nity and agency or agencies
within the Intelligence Community
refer to the of owing organiza-
tions:
(a) The Central Intelli-
gence Agency (CIA);
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(4-207. Continued)
(b) The National Security
Agency (NSA);
(c) The Defense Intelli-
gence Agency;
(d) The Offices within the
Department of Defense for the
collection of specialized
national foreign intelligence
through reconnaissance programs;
(e) The Bureau of Intelli-
gence and Research of the Depart-
ment of State;
(f) The intelligence
elements of the military
services, the Federal Bureau of
Investigation (FBI), the Depart-
ment of the Treasury, the Depart-,,
ment of Energy, and the Drug
Enforcement Administration (DEA);
and
(g) The staff elements of
the Office of the Director of
Central Intelligence.
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4-208. Intelligence
rop duct 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 destruc-
tion of property, or an attempt
or credible threat to commit such
acts; and
(b) appears intended to
endanger a protectee of the
Secret Service or the Department
of State or to further political,
social or economic goals by
intimidating or coercing a
civilian population or any
segment thereof, influencing the
policy of a government or inter-
national organization by intimi-
dation or coercion, or obtaining
widespread publicity for a group
or its cause; and
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(4-209. Continued)
(c) transcends national
boundaries in terms of the means
by which it is accomplished, the
civilian population, government,
or international organization it
appears intended to coerce or
intimidate, or the locale in
which its perpetrators operate to
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.
C IA;
(a) The programs of the
(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 intimidate,
or the locale in which its
perpetrators operate or seek
asylum. [As proposed by Section 2
Working Group.]
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(4-209. Continued)
(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 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 designated jointly by
the Director of Central Intelli-
gence and the head of the depart-
or by the President as
national foreign intelligence or
counterintelligence activities;
(d) Activities of the
staff elements of the Office of
the Director of Central Intelli-
gence;
(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 Intelli-
gence Program.
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4-211. Physical surveil-
lance 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 over-
head 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 Govern-
rrent is not apparent or acknowl-
edged publicly, and functions in
support of such activities, but
not including diplomatic activity
or the collection and production
of intelligence or related
support functions.
4-212. Special activi-
ties means activities, 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 acknowldged publicly, and
functions in support of such
activities, but not including
diplomatic activity or the
collection and production of
intelligence or related support
functions. [As proposed by
Section 2 Working Group.]
4-212. Special activi-
ties means activities in support
of national foreign policy
objectives abroad which are
designed to further official
United States programs and
policies abroad, are not intended
to influence U.S. public opinion
or policies, and which are
planned and executed so that the
role of the United States Govern-
ment is not apparent or acknowl-
edged publicly, and functions in
support of such activities, but
not including diplomatic activity
or the collection and production
of intelligence or related
support functions. [As proposed
by DoJ.]
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4- [new] Tele-
communications means the
transmission, communication or
processing of information,
including the preparation of
information therefor, by
electrical, electromagnetic,
electromechanical or electro-
optical means. [NSA proposal.]
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
organized in the United States or
substantially composed of United
States citizens or aliens
admitted for permanent residence,
or a corporation incorporated in
the United States.
4-214. United States
person means a citizen of the
United States, an alien
physically present in the United
States who is known by the intel-
ligence agency concerned to be a
permanent resident alien, an
unincorporated association sub-
stantially 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. [As proposed by
Section 2 Working Group.]
4-214. United States
person means:
(a) For purposes of
collection of information by any
technique for which a warrant
would be required if undertaken
for law enforcement purposes, and
the dissemination and storage of
such information, a citizen of
the United States, an alien law-
fully admitted for permanent
residence, an unincorporated
association organized in the
United States or substantially
composed of United States
citizens or aliens admitted for
permanent residence, or a corpo-
ration incorporated in the United
States; or
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(4-214. Continued)
(b) 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 sub-
stantially 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. [As proposed by
Section 2 Working Group.]
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