[Executive Orders]
                         EXECUTIVE ORDER NO. 12036

      Ex. Ord. No. 12036, Jan. 24, 1978, 43 F.R. 3674, as amended by
    Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, which related to
    United States foreign intelligence activities, was revoked by Ex.
    Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, set out below.

------------------------------------------------------------------------------

United States Foreign Intelligence Activities
Executive Order 12036.
January 24, 1978

UNITED STATES INTELLIGENCE
ACTIVITIES

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:

TABLE OF CONTENTS

SECTION 1 DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT
		       TO THE NATIONAL INTELLIGENCE EFFORT	[195]1
1-1          National Security Council	[195]
1-2          NSC Policy Review Committee	[195]
1-3          NSC Special Coordination Committee	[196]
1-4          National Foreign Intelligence Board	[197]
1-5          National Intelligence Tasking Center	[197]
1-6          The Director of Central Intelligence	[198 ]
1-7          Senior Officials of the Intelligence Community	[200]

1 EDITOR'S NOTE: The page numbers of the above table of contents reflect 
page citations in this publication. The page numbers which they replace were 
references to pages in the original document.

1-8              The Central Intelligence Agency	[201 ]
1-9              The Department of State	[202 ]
1-10             The Department of the Treasury	[202 ]
1-11             The Department of Defense	[202 ]
1-12             Intelligence Components Utilized by the Secretary of Defense [203 ]
1-13             The Department of Energy	[205]
1-14             The Federal Bureau of Investigation 	[205 ]
1-15             The Drug Enforcement Administration 	[205 ]
SECTION 2 RESTRICTIONS ON INTELLIGENCE ACTIVITIES	[206 ]
2-1               Adherence to Law	[206]
2-2               Restrictions on Certain Collection Techniques	[206 ]
2-201            General Provisions 	[206]
2-202            Electronic Surveillance 	[206]
2-203            Television Cameras and Other Monitoring 	[207 ]
2-204            Physical Searches	[207 ]
2-205            Mail Surveillance	[207 ]
2-206            Physical Surveillance 	[207]
2-207            Undisclosed Participation in Domestic Organizations	[207 ]
2-208            Collection of Nonpublicly Available Information	[208]
2-3              Additional Restrictions and Limitations	[209 ]
2-301            Tax Information 	[209]
2-302            Restrictions on Experimentation 	[209 ]
2 303            Restrictions on Contracting	[209]
2-304            Restrictions on Personnel Assigned to Other Agencies 	[209 ]
2-305            Prohibition    on Assassination 	[209 ]
2-306            Restrictions on Special Activities 	[209 ]
2-307            Restrictions on Indirect Participation in Prohibited Activities[209 ]
2-308            Restrictions on Assistance to Law Enforcement Authorities [209 ]
2-309            Permissible Assistance to Law Enforcement Authorities 	[209 ]
2-310            Permissible Dissemination and Storage of Information	[210]
SECTION 3 OVERSIGHT OF INTELLIGENCE ORGANIZATIONS	[210]
3-1               Intelligence Oversight Board	[210]
3-2               Inspectors General and General Counsel	[210]
3-3               Attorney General	[211 ]
3-4               Congressional Intelligence Committees	[211 ]
SECTION 4 GENERAL PROVISIONS	[212]
4-1               Implementation	[212 ]
4-2               Definitions	[212 ]
SECTION 1

DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT TO THE NATIONAL INTELLIGENCE 
EFFORT*
1-1. National Security Council.
	*Certain technical terms are defined in Section 4-2.

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 Coordination 
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 carrying 
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 proposals 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 the 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 President a 
policy recommendation, including all dissents, on each special activity. When 
meeting for this purpose, the members of the SCC shall include the Secretary of 
State, the Secretary of Defense, the Attorney General, the Director of the 
Office of Management and Budget, the Assistant to the President for National 
Security Affairs, the Chairman of the Joint Chiefs of Staff, and the Director of 
Central Intelligence.

1-303. Sensitive Foreign Intelligence Collection Operations. Under standards 
established by the President, proposals for sensitive foreign intelligence 
collection 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, 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 
Chairman of the Joint Chiefs of Staff, the Director of Central Intelligence, and 
the Director of the FBI. The SCC's counterintelligence functions shall include:

(a) Developing standards and doctrine for the counterintelligence activities of 
the United States;
(b) Resolving interagency differences concerning implementation of 
counterintelligence policy;

(c) Developing and monitoring guidelines consistent with this Order for the 
maintenance of central records of counterintelligence information;

(d) Submitting to the President an overall annual assessment of the relative 
threat to United States interests from intelligence and security services of 
foreign powers and from international terrorist activities, including an 
assessment of the effectiveness of the United States 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 
concerning:

(a) Production, review, and coordination of national foreign intelligence;
(b) The National Foreign Intelligence Program budget;

(c) Interagency exchanges of foreign intelligence information;
(d) Arrangements with foreign governments on intelligence matters;

(e) The protection of intelligence sources and methods; (f) Activities of common 
concern; and (g) Other matters referred to it by the Director of Central 
Intelligence.

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.

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 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 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 
collection 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 
capabilities 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 
Director of Central Intelligence concerning the NITC shall be transferred to the 
Secretary of Defense upon the express direction of the President. To maintain 
readiness for such transfer, the Secretary of Defense shall, with advance 
agreement of the Director of Central Intelligence, assume temporarily during 
regular practice exercises all responsibilities and authorities of the Director 
of Central Intelligence concerning the NITC.

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 Executive 
Branch with national foreign intelligence;
(b) Be the head of the CIA and of such staff elements as may be required for 
discharge of the Director's Intelligence Community responsibilities;
(c) Act, in appropriate consultation with the 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 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;

(l) 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 
responsibilities;

(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 appropriated 
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;

(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 
performance audits and evaluations.

1-603. 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 Intelligence, 
relevant to the national intelligence needs of the departments and agencies.

1-7. Senior Officials of the Intelligence Community. The senior officials 
of each of the agencies within the Intelligence Community shall:

1-701. 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;

1-703. 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;
 
1-707. 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 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 intelligence 
activities of their organizations which raise questions of legality or 
propriety;

1-710. 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 
information within the United States shall be coordinated with the FBI as 
required by procedures agreed upon by the Director of Central Intelligence and 
the Attorney General;

1-802. 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 Community 
as directed by the NSC;

1-810. Carry out or contract for research, development and procurement of 
technical systems and devices relating to authorized functions;

1-811. Protect the security of its installations, activities, information and 
personnel by appropriate means, including such investigations of 
applicants, employees, contractors, and other persons with similar associations 
with the 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 
responsibilities;

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 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

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 collection 
tasking by the NITC;
 
1-1102. Collect, produce and disseminate foreign military and military-related 
intelligence information, including scientific, technical, political, geographic 
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 procedures 
agreed upon by the Secretary of Defense and the Attorney General, and 
produce and disseminate counterintelligence studies and reports;
 
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 Program 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, activities, 
information and personnel by appropriate means including such investigations 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 within and 
outside the United States as are necessary to perform the functions described in 
sections 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  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 
products;
(c) Coordination of all Department of Defense intelligence collection 
requirements for departmental needs;
 
(d) Management of the Defense Attaché 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 
intelligence purposes in accordance with tasking by the NITC;

(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;
(f) Collection, processing, and dissemination of signals intelligence 
information for counterintelligence purposes;

(g) Provision of signals intelligence support for the conduct of military 
operations in accordance with tasking, priorities and standards of timeliness 
assigned by the 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 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 NSA 
as are necessary; and

(k) Prescribing, within its field of authorized operations, security regulations 
covering operating practices, including the transmission, handling and 
distribution of signals intelligence and communications security material within 
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-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.

1-13. The Department of Energy. The Secretary of Energy shall:
 
1-1301. Participate with the Department of State in overtly collecting 
political, economic and technical information with respect to foreign energy 
matters;

1-1302. Produce and disseminate foreign intelligence necessary for the 
Secretary's responsibilities;
 
1-1303. Participate in formulating intelligence collection and analysis 
requirements where the special expert capability of the Department can 
contribute; and
 
1-1304. 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 coordinate 
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 undertaken 
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 
the proper balance between protection of individual rights and acquisition of 
essential information. Those sections do not authorize any activity not 
authorized by sections 1-101 through 1-1503 and do not provide any exemption 
from any other law.

2-2. 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 information 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 
determined 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 
Community shall engage in any electronic surveillance directed against a United 
States person abroad or designed to intercept a communication sent from, or 
intended for receipt within, the United States except as permitted by the 
procedures established pursuant to section 2-201. Training of personnel by 
agencies in the Intelligence Community in the use of electronic communications 
equipment, 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 
Intelligence 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 undertaken only as permitted by 
procedures established pursuant to Section 2-201.
 
2-205 Mail Surveillance. No agency within the Intelligence Community shall open 
mail or examine envelopes in United States postal channels, except in accordance 
with applicable statutes and regulations. No agency within the Intelligence 
Community shall open mail of a United States person abroad except as permitted 
by procedures established pursuant to Section 2-201.
 
2-206. Physical Surveillance. The FBI may conduct physical surveillance directed 
against United States persons or others only in the course of a lawful 
investigation. Other agencies within the Intelligence Community may not 
undertake any physical surveillance directed against a United States person 
unless:
 
(a) 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 procedures 
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 participation to cases where:
 
(a) The participation is undertaken on behalf of the FBI in the course of a 
lawful investigation;
(b) The organization concerned is composed primarily of individuals who 
are not United States persons and is reasonably believed to be acting on behalf 
of a foreign power; or
 
(c) The participation is strictly limited in its nature, scope and duration to 
that necessary for other lawful purposes relating to foreign intelligence and is 
a type of participation approved by the Attorney General and set forth in a 
public document. No such participation may be undertaken for the purpose of 
influencing the activity of the organization or its members.
 
2-208. Collection of Nonpublicly Available Information. No agency within the 
Intelligence Community may collect, disseminate or store information concerning 
the activities of United States persons that is not available publicly, unless 
it does so with their consent or as permitted by procedures established pursuant 
to Section 2-201. Those procedures shall limit collection, storage or 
dissemination to the following types of information:
 
(a) Information concerning corporations or other commercial organizations or 
activities that constitutes foreign intelligence or counterintelligence;
(b) Information arising out of a lawful 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 
applicants for any such employment or contracting, which is needed to protect 
foreign intelligence or counterintelligence sources or methods from unauthorized 
disclosure;

(d) Information needed solely to identify individuals in contact with those 
persons described in paragraph (c) of this section or with someone who is 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 Community 
shall enter into a contract or arrangement for the provision of goods or 
services with private companies or institutions in the United States unless the 
agency sponsorship is known to the appropriate officials of the company or 
institution. In the case of any company or institution other than an academic 
institution, 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 arrangements 
for authorized intelligence purposes.

2-304. Restrictions on Personnel Assigned to Other Agencies. An employee 
detailed to another agency within the federal government shall be responsible to 
the host agency and shall not report to the parent agency on the affairs of the 
host agency unless so directed by the host agency. The head of the host agency, 
and any successor, shall be informed of the employee's relationship with the 
parent agency.

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 
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 activities forbidden by this Order or by applicable law.

2-308. Restrictions on Assistance to Law Enforcement Authorities. Agencies 
within the Intelligence Community other than the FBI shall not, except as 
expressly authorized by law:
 
(a) Provide services, equipment, personnel or facilities to the Law Enforcement 
Assistance Administration (or its 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 Sections 

2-201 through 2-309 of this Order shall prohibit:
(a) Dissemination to appropriate law enforcement agencies of information 
which indicates involvement in activities that may violate federal, state, local 
or foreign laws;
 
(b) Storage of information required by law to be retained;
(c) Dissemination of information covered by Section 2-208 (a)-(j) to 
agencies within the Intelligence Community or entities of cooperating foreign 
governments; or
 
(d) Lawful storage or dissemination of information solely for administrative 
purposes not related to 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 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 
intelligence 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 
activities which raise questions of legality;
 
3-303. Report to the IOB and to the President in a timely fashion decisions made 
or actions taken in response to reports from agencies within the Intelligence 
Community forwarded to the Attorney General by the IOB;

3-304. Inform the IOB of legal opinions affecting the operations of the 
Intelligence Community; and
 
3-305. Establish or approve procedures, as required by this Order, for the 
conduct of intelligence activities. Such procedures shall ensure compliance with 
law, protect constitutional rights and privacy, and ensure that any 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 
necessary 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 
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 significant 
anticipated activities which are the responsibility of, or engaged in, by such 
department or agency. This requirement does not constitute a condition precedent 
to the implementation of such intelligence activities;
 
3-402. Provide any information or document in the possession, custody, or 
control of the department or agency or person paid by such department or agency, 
within the jurisdiction of the Permanent Select Committee on Intelligence of the 
House of Representatives or the Select Committee on Intelligence of the Senate, 
upon the request of such committee; 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.


SECTION 4 GENERAL PROVISIONS

4-1. Implementation
 
4-101. Except as provided in section 4-105 of this section, this Order shall 
supersede Executive Order 11905, "United States Foreign Intelligence 
Activities," dated February 18, 1976; Executive Order 11985, same subject, dated 
May 13, 1977; and Executive Order 11994, same subject, dated June 1, 1977.
 
4-102. The NSC, the Secretary of Defense, the Attorney General and the Director 
of Central Intelligence shall issue such appropriate directives and procedures 
as are necessary to implement this Order.

4-103. Heads of agencies within the Intelligence 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 established as 
expeditiously as possible after the issuance of this Order.
 
4-106. In some instances, the documents that implement this Order will be 
classified because of the sensitivity of the information and its relation to 
national security. All instructions contained in classified documents will be 
consistent with this Order. All procedures promulgated pursuant to this Order 
will be made available to the 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 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:
 
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 conducted 
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 communication by 
electronic means without the consent of a person who is a party to an electronic 
communication or, in the case of a nonelectronic communication, without the 
consent of a person who is visibly present at the place of communication, but 
not including the use of radio direction finding equipment solely to determine 
the location of a transmitter.
 
4-204. Employee means a person employed by, assigned to, or acting for an 
agency within the Intelligence Community.
 
4-205. Foreign Intelligence means information relating to the capabilities, 
intentions and activities of foreign powers, organizations or persons, but not 
including counterintelligence except for information on international terrorist 
activities.

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, 
influencing the policy of a government or international organization by 
intimidation or coercion, or obtaining widespread publicity for a group or its 
cause; and
 
(c) transcends national boundaries in terms of the means by which it is 
accomplished, the civilian population, government, or international organization 
it appears intended to coerce or intimidate, or the locale in which its 
perpetrators operate or seek asylum.
 
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 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 Intelligence and the head of the department 
or by the President as national foreign intelligence or counterintelligence 
activities;
(d) Activities of the staff elements of the 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 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 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 
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.

JIMMY CARTER
The White House,
January 24, 1978.

[Filed with the Office of the Federal Register, 11:19 a.m., January 25, 1978]