Cryptography's Role In Securing The Information Society

                Appendix N   Continued

[N.2 commences p. 573.]
__________________________________________________________________



                N.2 EXECUTIVE ORDERS 


             N.2.1 Executive Order 12333 
            (U.S. Intelligence Activities)


     Timely and accurate information about the activities,
capabilities, plans, and intentions of foreign powers,
organizations, and persons and their agents, is essential to the
national security of the United States. All reasonable and lawful
means must be used to ensure that the United States will receive
the best intelligence available. For that purpose, 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 effective conduct of United
States intelligence activities and the protection of
constitutional rights, it is hereby ordered as follows: [574]


                       Part 1 
                           
    Goals, Direction, Duties and Responsibilities 
   With Respect to the National Intelligence Effort

1.1 Goals. The United States intelligence effort shall provide the
President and the National Security Council with the necessary
information on which to base decisions concerning the conduct and
development of foreign, defense and economic policy, and the
protection of United States national interests from foreign
security threats. All departments and agencies shall cooperate
fully to fulfill this goal.

     (a) Maximum emphasis should be given to fostering analytical
competition among appropriate elements of the Intelligence
Community.

     (b) All means, consistent with applicable United States law
and this Order, and with full consideration of the rights of
United States persons, shall be used to develop intelligence
information for the President and the National Security Council. A
balanced approach between technical collection efforts and other
means should be maintained and encouraged.

     (c) Special emphasis should be given to detecting and
countering espionage and other threats and activities directed by
foreign intelligence services against the United States
Government, or United States corporations, establishments, or
persons.

     (d) To the greatest extent possible consistent with
applicable United States law and this Order, and with full
consideration of the rights of United States persons, all agencies
and departments should seek to ensure full and free exchange of
information in order to derive maximum benefit from the United
States intelligence effort.


1.2 The National Security Council.

     (a) Purpose. The National Security Council (NSC) was
established by the National Security Act of 1947 to advise the
President with respect to the integration of domestic, foreign and
military policies relating to the national security. The NSC shall
act as the highest Executive Branch entity that provides review
of, guidance for and direction to the conduct of all national
foreign intelligence, counterintelligence, and special activities,
and attendant policies and programs.

     (b) Committees. The NSC shall establish such committees as
may be necessary to carry out its functions and responsibilities
under this Order. The NSC, or a committee established by it, shall
consider and submit to the President a policy recommendation,
including all dissents, on each special activity and shall review
proposals for other sensitive intelligence operations.


1.3 National Foreign Intelligence Advisory Groups.

     (a) Establishment and Duties. The Director of Central
Intelligence shall establish such boards, councils, or groups as
required for the purpose of obtaining advice from within the
Intelligence Community concerning:

     (1) Production, review and coordination of national foreign
     intelligence; [575]

     (2) Priorities for the National Foreign Intelligence Program
     budget; 

     (3) Interagency exchanges of foreign intelligence
     information;

     (4) Arrangements with foreign governments on intelligence
     matters;

     (5) Protection of intelligence sources and methods;

     (6) Activities of common concern; and

     (7) Such other matters as may be referred by the Director of
     Central Intelligence.

     (b) Membership. Advisory groups established pursuant to this
section shall be chaired by the Director of Central Intelligence
or his designated representative and shall consist of senior
representatives from organizations within the Intelligence
Community and from departments or agencies containing such
organizations, as designated by the Director of Central
Intelligence. Groups for consideration of substantive intelligence
matters will include representatives of organizations involved in
the collection, processing and analysis of intelligence. A senior
representative of the Secretary of Commerce, the Attorney General,
the Assistant to the President for National Security Affairs, and
the Office of the Secretary of Defense shall be invited to
participate in any group which deals with other than substantive
intelligence matters.


1.4 The Intelligence Community. The agencies within the
Intelligence Community shall, in accordance with applicable United
States law and with the other provisions of this Order, conduct
intelligence activities necessary for the conduct of foreign
relations and the protection of the national security of the
United States, including:

     (a) Collection of information needed by the President, the
National Security Council, the Secretaries of State and Defense.
and other Executive Branch officials for the performance of their
duties and responsibilities;

     (b) Production and dissemination of intelligence;

     (c) Collection of information concerning, and the conduct of
activities to protect against, intelligence activities directed
against the United States, international terrorist and
international narcotics activities, and other hostile activities
directed against the United States by foreign powers,
organizations, persons, and their agents;

     (d) Special activities;

     (e) Administrative and support activities within the United
States and abroad necessary for the performance of authorized
activities; and

     (f) Such other intelligence activities as the President may
direct from time to time.


1.5 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
President and the NSC and 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) Develop such objectives and guidance for the
Intelligence Community [576] as will enhance capabilities for
responding to expected future needs for national foreign
intelligence;

     (c) Promote the development and maintenance of services of
common concern by designated intelligence organizations on behalf
of the Intelligence Community;

     (d) Ensure implementation of special activities;

     (e) Formulate policies concerning foreign intelligence and
counterintelligence arrangements with foreign governments,
coordinate foreign intelligence and counterintelligence
relationships between agencies of the Intelligence Community and
the intelligence or internal security services of foreign
governments, and establish procedures governing the conduct of
liaison by any department or agency with such services on
narcotics activities;

     (f) Participate in the development of procedures approved by
the Attorney General governing criminal narcotics intelligence
activities abroad to ensure that these activities are consistent
with foreign intelligence programs;

     (g) Ensure the establishment by the Intelligence Community
of common security and access standards for managing and handling
foreign intelligence systems, information, and products;

     (h) Ensure that programs are developed which protect
intelligence sources, methods, and analytical procedures;

     (i) 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;

     (j) Establish appropriate staffs, committees, or other
advisory groups to assist in the execution of the Director's
responsibilities;

     (k) Have full responsibility for production and
dissemination of national foreign intelligence, and authority to
levy analytic tasks on departmental intelligence production
organizations, in consultation with those organizations, ensuring
that appropriate mechanisms for competitive analysis are developed
so that diverse points of view are considered fully and
differences of judgment within the Intelligence Community are
brought to the attention of national policymakers;

     (l) 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 government entities and military commands;

     (m) Establish mechanisms which translate national foreign
intelligence objectives and priorities approved by the NSC into
specific guidance for the Intelligence Community, resolve
conflicts in tasking priority, provide to departments and agencies
having information collection capabilities that are not part of
the National Foreign Intelligence Program advisory tasking
concerning collection of national foreign intelligence, and
provide for the development of plans and arrangements for transfer
of required collection tasking authority to the Secretary of
Defense when directed by the President;

     (n) Develop, with the advice of the program managers and
departments and agencies concerned, the consolidated National
Foreign Intelligence Program budget, and present it to the
President and the Congress; [577]

     (o) Review and approve all requests for reprogramming
National Foreign Intelligence Program funds, in accordance with
guidelines established by the Office of Management and Budget;

     (p) Monitor National Foreign Intelligence Program
implementation, and, as necessary, conduct program and performance
audits and evaluations;

     (q) Together with the Secretary of Defense, ensure that
there is no unnecessary overlap between national foreign
intelligence programs and Department of Defense intelligence
programs consistent with the requirement to develop competitive
analysis, and provide to and obtain from the Secretary of Defense
all information necessary for this purpose;

     (r) In accordance with law and relevant procedures approved
by the Attorney General under this Order, give the heads of the
departments and agencies access to all intelligence, developed by
the CIA or the staff elements of the Director of Central
Intelligence, relevant to the national intelligence needs of the
departments and agencies; and

     (s) Facilitate the use of national foreign intelligence
products by Congress in a secure manner.


1.6 Duties and Responsibilities of the Heads of Executive Branch
Departments and Agencies.

     (a) The heads of all Executive Branch departments and
agencies shall, in accordance with law and relevant procedures
approved by the Attorney General under this Order, give the
Director of Central Intelligence access to all information
relevant to the national intelligence needs of the United States,
and shall give due consideration to the requests from the Director
of Central Intelligence for appropriate support for Intelligence
Community activities.

     (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
by the program managers and heads of component activities of
proposed national programs and budgets in the format designated by
the Director of Central Intelligence, 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 heads of departments and agencies involved in the
National Foreign Intelligence Program may appeal to the President
decisions by the Director of Central Intelligence on budget or
reprogramming matters of the National Foreign Intelligence
Program.


1.7 Senior Officials of the Intelligence Community. The heads of
departments and agencies with organizations in the Intelligence
Community or the heads of such organizations, as appropriate,
shall:

     (a) Report to the Attorney General possible violations of
federal criminal laws by employees and of specified federal
criminal laws by any other person as provided in procedures agreed
upon by the Attorney General and the head of the department or
agency concerned, in a manner consistent with the protection of
intelligence sources and methods, as specified in those
procedures; [578]

     (b) In any case involving serious or continuing breaches of
security, recommend to the Attomey General that the case be
referred to the FBI for further investigation;

     (c) Furnish the Director of Central Intelligence and the
NSC, in accordance with applicable law and procedures approved by
the Attorney General under this Order, the information required
for the performance of their respective duties;

     (d) Report to the Intelligence Oversight Board, and keep the
Director of Central Intelligence appropriately informed,
concerning any intelligence activities of their organizations that
they have reason to believe may be unlawful or contrary to
Executive order or Presidential directive;

     (e) Protect intelligence and intelligence sources and
methods from unauthorized disclosure consistent with guidance from
the Director of Central Intelligence;

     (f) Disseminate intelligence to cooperating foreign
governments under arrangements established or agreed to by the
Director of Central Intelligence;

     (g) Participate in the development of procedures approved by
the Attorney General goveming production and dissemination of
intelligence resulting from criminal narcotics intelligence
activities abroad if their departments, agencies, or organizations
have intelligence responsibilities for foreign or domestic
narcotics production and trafficking;

     (h) Instruct their employees to cooperate fully with the
Intelligence Oversight Board; and

     (i) Ensure that the Inspectors General and General Counsels
for their organizations 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 this Order; the National
Security Act of 1947, as amended; the CIA Act of 1949, as amended;
appropriate directives or other applicable law, the CIA shall:

     (a) Collect, produce and disseminate foreign intelligence
and counterintelligence, including information not otherwise
obtainable. The collection of foreign intelligence or
counterintelligence within the United States shall be coordinated
with the FBl as required by procedures agreed upon by the Director
of Central Intelligence and the Attorney General;

     (b) Collect, produce and disseminate intelligence on foreign
aspects of narcotics production and trafficking;

     (c) Conduct counterintelligence activities outside the
United States and, without assuming or performing any internal
security functions, conduct counterintelligence activities within
the United States in coordination with the FBI as required by
procedures agreed upon by the Director of Central Intelligence and
the Attorney General;

     (d) Coordinate counterintelligence activities and the
collection of information not otherwise obtainable when conducted
outside the United States by other departments and agencies;

     (e) Conduct special activities approved by the President. No
agency except [579] the CIA (or the Armed Forces of the United
States in time of war declared bv Congress or during any period
covered by a report from the President to the Congress under the
War Powers Resolution (87 Stat. 855))* may conduct any special
activity unless the President determines that another agency is
more likely to achieve a particular objective;

     (f) Conduct services of common concern for the Intelligence
Community as directed by the NSC;

     (g) Carry out or contract for research, development and
procurement of technical systems and devices relating to
authorized functions;

     (h) Protect the security of its installations, activities,
information, property, and employees by appropriate means,
including such investigations of applicants, employees,
contractors, and other persons with similar associations with the
CIA as are necessary; and

     (i) Conduct such administrative and technical support
activities within and outside the United States as are necessary
to perform the functions described in sections (a) through (h)
above, including procurement and essential cover and proprietary
arrangements.


1.9 The Department of State. The Secretary of State shall:

     (a) Overtly collect information relevant to United States
foreign policv concerns;

     (b) Produce and disseminate foreign intelligence relating to
United States foreign policy as required for the execution of the
Secretary's responsibilities;

     (c) Disseminate, as appropriate, reports received from
United States diplomatic and consular posts;

     (d) Transmit reporting requirements of the Intelligence
Community to the Chiefs of United States Missions abroad; and

     (e) Support Chiefs of Missions 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:

     (a) Overtly collect foreign financial and monetary
information;

     (b) Participate with the Department of State in the overt
collection of general foreign economic information;

     (c) Produce and disseminate foreign intelligence relating to
United States economic policy as required for the execution of the
Secretary's responsibilities; and

     (d) 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. [580]


1.11 The Department of Defense. The Secretary of Defense shall:

     (a) Collect national foreign intelligence and be responsive
to collection tasking by the Director of Central Intelligence;

     (b) Collect, produce and disseminate military and
military-related foreign intelligence and counterintelligence as
required for execution of the Secretary's responsibilities;

     (c) Conduct programs and missions necessary to fulfill
national, departmental and tactical foreign intelligence
requirements;

     (d) 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;

     (e) Conduct, as the executive agent of the United States
Government, signals intelligence and communications security
activities, except as otherwise directed by the NSC;

     (f) for the timely transmission of critical intelligence, as
defined by the Director of Central Intelligence, within the United
States Government;

     (g) Carry out or contract for research, development and
procurement of technical systems and devices relating to
authorized intelligence functions;

     (h) Protect the security of Department of Defense
installations, activities, property, information, and employees by
appropriate means, including such investigations of applicants,
employees, contractors, and other persons with similar
associations with the Department of Defense as are necessary;

     (i) Establish and maintain military intelligence
relationships and military intelligence exchange programs with
selected cooperative foreign defense establishments and
international organizations, and ensure that such relationships
and programs are in accordance with policies formulated by the
Director of Central Intelligence;

     (j) Direct, operate, control and provide fiscal management
for the National Security Agency and for defense and military
intelligence and national reconnaissance entities; and

     (k) Conduct such administrative and technical support
activities within and outside the United States as are necessary
to perform the functions described in sections (a) through (j)
above.


1.12 Intelligence Components Utilized by the Secretary of Defense.
In carrying out the responsibilities assigned in section 1.11, the
Secretary of Defense is authorized to utilize the following:

     (a) Defense Intelligence Agency, whose responsibilities
shall include;

     (1) Collection, 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;

     (2) Collection and provision of military intelligence for
     national foreign intelligence and counterintelligence
     products;

     (3) Coordination of all Department of Defense intelligence
     collection requirements; [581]

     (4) Management of the Defense Attache system; and

     (5) Provision of foreign intelligence and
     counterintelligence staff support as directed by the Joint
     Chiefs of Staff.

     (b) National Security Agency, whose responsibilities shall
include:

     (1) 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;

     (2) 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;

     (3) Collection of signals intelligence information for
     national foreign intelligence purposes in accordance with
     guidance from the Director of Central Intelligence;

     (4) Processing of signals intelligence data for national
     foreign intelligence purposes in accordance with guidance
     from the Director of Central Intelligence;

     (5) 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;

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

     (7) 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;

     (8) Executing the responsibilities of the Secretary of
     Defense as executive agent for the communications security
     of the United States Government;

     (9) Conduct of research and development to meet the needs of
     the United States for signals intelligence and
     communications security;

     (10) Protection of the security of its installations,
     activities, property, information, and employees by
     appropriate means, including such investigations of
     applicants, employees, contractors, and other persons with
     similar associations with the NSA as are necessary;

     (11) 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;

     (12) Conduct of foreign cryptologic liaison relationships,
     with liaison for intelligence purposes conducted in
     accordance with policies formulated by the Director of
     Central Intelligence; and

     (13) Conduct of such administrative and technical support
     activities [582] within and outside the United States as are
     necessary to perform the functions described in sections (1)
     through (12) above, including procurement.

     (c) Offices for the collection of specialized intelligence
through reconnaissance programs, whose responsibilities shall
include:

     (1) Carrying out consolidated reconnaissance programs for
     specialized intelligence;

     (2) Responding to tasking in accordance with procedures
     established by the Director of Central Intelligence; and

     (3) Delegating authority to the various departments and
     agencies for research, development, procurement, and
     operation of designated means of collection.

     (d) The foreign intelligence and counterintelligence
elements of the Army, Navy, Air Force, and Marine Corps, whose
responsibilities shall include:

     (1) Collection, production and dissemination of military and
     military-related foreign intelligence and
     counterintelligence, and information on the foreign aspects
     of narcotics production and trafficking. When collection 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;

     (2) Conduct of counterintelligence activities outside the
     United States in coordination with the CIA, and within the
     United States in coordination with the FBI; and

     (3) Monitoring of the development, procurement and
     management of tactical intelligence systems and equipment
     and conducting related research, development, and test and
     evaluation activities.

     (e) 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 Part 2 of this Order shall apply to those offices when used for
those purposes.


1.13 The Department of Energy. The Secretary of Energy shall:

     (a) Participate with the Department of State in overtlv
collecting information with respect to foreign energy matters;

     (b) Produce and disseminate foreign intelligence necessary
for the Secretary's responsibilities;

     (c) Participate in formulating intelligence collection and
analysis requirements where the special expert capability of the
Department can contribute; and

     (d) 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:

     (a) Within the United States conduct counterintelligence and
coordinate counterintelligence activities of other agencies within
the Intelligence Community. [583] 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;

     (b) Conduct counterintelligence activities outside the
United States in coordination with the CIA as required by
procedures agreed upon by the Director of Central Intelligence and
the Attorney General;

     (c) Conduct within the United States, when requested by
officials of the Intelligence Community designated by the
President, activities undertaken to collect foreign intelligence
or support foreign intelligence collection requirements of other
agencies within the Intelligence Community, or, when requested by
the Director of the National Security Agency, to support the
communications security activities of the United States
Government;

     (d) Produce and disseminate foreign intelligence and
counterintelligence; and

     (e) Carry out or contract for research, development and
procurement of technical systems and devices relating to the
functions authorized above.



                       Part 2 
                           
          Conduct of Intelligence Activities


2.1 Need. Accurate and timely information about the capabilities,
intentions and activities of foreign powers, organizations, or
persons and their agents is essential to informed decisionmaking
in the areas of national defense and foreign relations. Collection
of such information is a priority objective and will be pursued in
a vigorous, innovative and responsible manner that is consistent
with the Constitution and applicable law and respectful of the
principles upon which the United States was founded.


2.2 Purpose. This Order is intended to enhance human and technical
collection techniques, especially those undertaken abroad, and the
acquisition of significant foreign intelligence, as well as the
detection and countering of international terrorist activities and
espionage conducted by foreign powers. Set forth below are certain
general principles that, in addition to and consistent with
applicable laws, are intended to achieve the proper balance
between the acquisition of essential information and protection of
individual interests. 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.


2.3 Collection of Information. Agencies within the Intelligence
Community are authorized to collect, retain or disseminate
information concerning United States persons only in accordance
with procedures established by the head of the agency concerned
and approved by the Attorney General, consistent with the
authorities provided by Part 1 of this Order. Those procedures
shall permit collection, retention and dissemination of the
following types of information: [584]

     (a) Information that is publicly available or collected with
the consent of the person concerned;

     (b) Information constituting foreign intelligence or
counterintelligence, including such information concerning
corporations or other commercial organizations. Collection within
the United States of foreign intelligence not otherwise obtainable
shall be undertaken by the FBI or, when significant foreign
intelligence is sought, by other authorized agencies of the
Intelligence Community, provided that no foreign intelligence
collection by such agencies may be undertaken for the purpose of
acquiring information concerning the domestic activities of United
States persons;

     (c) Information obtained in the course of a lawful foreign
intelligence, counterintelligence, international narcotics or
international terrorism investigation;

     (d) Information needed to protect the safety of any persons
or organizations, including those who are targets, victims or
hostages of international terrorist organizations;

     (e) Information needed to protect foreign intelligence or
counterintelligence sources or methods from unauthorized
disclosure. Collection within the United States shall be
undertaken by the FBI except that other agencies of the
Intelligence Community may also collect such 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;

     (f) Information concerning persons who are reasonably
believed to be potential sources or contacts for the purpose of
determining their suitability or credibility;

     (g) Information arising out of a lawful personnel, physical
or communications security investigation;

     (h) Information acquired by overhead reconnaissance not
directed at specific United States persons;

     (i) Incidentally obtained information that may indicate
involvement in activities that may violate federal, state, local
or foreign laws; and

     (j) Information necessary for administrative purposes. In
addition, agencies within the Intelligence Community may
disseminate information, other than information derived from
signals intelligence, to each appropriate agency within the
Intelligence Community for purposes of allowing the recipient
agency to determine whether the information is relevant to its
responsibilities and can be retained by it.


2.4 Collection Techniques. Agencies vvithin the Intelligence
Community shall use the least intrusive collection techniques
feasible within the United States or directed against United
States persons abroad. Agencies are not authorized to use such
techniques as electronic surveillance, unconsented physical
search, mail surveillance, physical surveillance, or monitoring
devices unless they are in accordance with procedures established
by the head of the agency concerned and approved by the Attorney
General. Such procedures shall protect constitutional [585] and
other legal rights and limit use of such information to lawful
governmental purposes. These procedures shall not authorize:

     (a) The CIA to engage in electronic surveillance within the
United States except for the purpose of training, testing, or
conducting countermeasures to hostile electronic surveillance;

     (b) Unconsented physical searches in the United States by
agencies other than the FBI, except for:

     (1) Searches by counterintelligence elements of the military
     services directed against military personnel within the
     United States or abroad for intelligence purposes, when
     authorized by a military commander empowered to approve
     physical searches for law enforcement purposes, based upon a
     finding of probable cause to believe that such persons are
     acting as agents of foreign powers; and

     (2) Searches by CIA of personal property of non-United
     States persons lawfully in its possession.

     (c) Physical surveillance of a United States person in the
United States by agencies other than the FBI, except for:

     (1) Physical surveillance of present or former employees,
     present or former intelligence agency contractors or their
     present of former employees, or applicants for any such
     employment or contracting; and

     (2) Physical surveillance of a military person employed by a
     nonintelligence element of a military service.

     (d) Physical surveillance of a United States person abroad
to collect foreign intelligence, except to obtain significant
information that cannot reasonably be acquired by other means.


2.5 Attorney General Approval. The Attorney General hereby is
delegated the power to approve the use for intelligence purposes,
within the United States or against a United States person abroad,
of any technique for which a warrant would be required if
undertaken for law enforcement purposes, provided that such
techniques shall not be undertaken unless the Attorney General has
determined in each case that there is probable cause to believe
that the technique is directed against a foreign power or an agent
of a foreign power. Electronic surveillance, as defined in the
Foreign Intelligence Surveillance Act of 1978, shall be conducted
in accordance with that Act, as well as this Order.


2.6 Assistance to Law Enforcement Authorities. Agencies within the
Intelligence Community are authorized to:

     (a) Cooperate with appropriate law enforcement agencies for
the purpose of protecting the employees, information, property and
facilities of any agency within the Intelligence Community;

     (b) Unless otherwise precluded by law or this Order,
participate in law enforcement activities to investigate or
prevent clandestine intelligence activities by foreign powers, or
international terrorist or narcotics activities;

     (c) Provide 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 [586]
personnel shall be approved in each case by the General Counsel of
the providing agency; and

     (d) Render any other assistance and cooperation to law
enforcement authorities not precluded by applicable law.


2.7 Contracting. Agencies within the Intelligence Community are
authorized to enter into contracts or arrangements for the
provision of goods or services with private companies or
institutions in the United States and need not reveal the
sponsorship of such contracts or arrangements for authorized
intelligence purposes. Contracts or arrangements with academic
institutions may be undertaken only with the contract of
appropriate officials of the institution.


2.8 Consistency With Other Laws. Nothing in this Order shall be
construed to authorize any activity in violation of the
Constitution or statutes of the United States.


2.9 Undisclosed Participation in Organizations Within the United
States. No one acting on behalf of agencies within the
Intelligence Community may join or otherwise participate in any
organization in the United States on behalf of any agency within
the Intelligence Community without disclosing his intelligence
affiliation to appropriate officials of the organization, except
in accordance with procedures established by the head of the
agency concerned and approved by the Attorney General. Such
participation shall be authorized only if it is essential to
achieving lawful purposes as determined by the agency head or
designee. No such participation may be undertaken for the purpose
of influencing the activity of the organization or its members
except in cases where:

     (a) The participation is undertaken on behalf of the FBI in
the course of a lawful investigation; or

     (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.


2.10 Human Experimentation. No agency within the Intelligence
Community shall sponsor, contract for or conduct research on human
subjects except in accordance with guidelines issued by the
Department of Health and Human Services. The subject's informed
consent shall be documented as required by those guidelines.


2.11 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.


2.12 Indirect Participation. No agency of the Intelligence
Community shall participate in or request any person to undertake
activities forbidden by this Order. [587]



                       Part 3 
                           
                  General Provisions


3.1 Congressional Oversight. The duties and responsibilities of
the Director of Central Intelligence and the heads of other
departrnents, agencies, and entities engaged in intelligence
activities to cooperate with the Congress in the conduct of its
responsibilities for oversight of intelligence activities shall be
as provided in title 50, United States Code, section 413. The
requirements of section 662 of the Foreign Assistance Act of 1961,
as amended (22 U.S.C. 2422), and section 501 of the National
Security Act of 1947, as amended (50 U.S.C. 413), shall apply to
all special activities as defined in this Order.


3.2 Implementation. 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. Heads of agencies within the Intelligence
Community shall issue appropriate supplementary directives and
procedures consistent with this Order. The Attorney General shall
provide a statement of reasons for not approving any procedures
established by the head of an agency in the Intelligence Community
other than the FBI. The National Security Council may establish
procedures in instances where the agency head and the Attorney
General are unable to reach agreement on other than constitutional
or other legal grounds.


3.3 Procedures. Until the procedures required by this Order have
been established, the activities herein authorized which require
procedures shall be conducted in accordance with existing
procedures or requirements established under Executive Order No.
12036. Procedures required by this Order shall be established as
expeditiously as possible. All procedures promulgated pursuant to
this Order shall be made available to the congressional
intelligence committees.


3.4 Definitions. For the purposes of this Order, the following
terms shall have these meanings:

     (a) Counterintelligence means information gathered and
activities conducted to protect against espionage, other
intelligence activities, sabotage, or assassinations conducted for
or on behalf of foreign powers, organizations or persons, or
international terrorist activities, but not including personnel,
physical, document or communications securitv programs.

     (b) Electronic surveillance means acquisitions 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 visably present at the place of communication, but
not including the use of radio direction-finding equipment solely
to determine the location of a transmitter.

     (c) Employee means a person employed by, assigned to or
acting for an agency within the Intelligence Community.

     (d) Foreign intelligence means information relating to the
capabilities, intentions [588] and activities of foreign powers,
organizations or persons, but not including counterintelligence
except for information on international terrorist activities.

     (e) Intelligence activities means all activities that
agencies within the Intelligence Community are authorized to
conduct pursuant to this Order.

     (f) Intelligence Community and agencies within the
Intelligence Community refer to the following agencies or
organizations:

     (1) The Central Intelligence Agency (CIA);

     (2) The National Security Agency (NSA);

     (3) The Defense Intelligence Agency (DIA);

     (4) The offices within the Department of Defense for the
     collection of specialized national foreign intelligence
     through reconnaissance programs;

     (5) The Bureau of Intelligence and Research of the
     Department of State;

     (6) The intelligence elements of the Army, Navy, Air Force,
     and Marine Corps, the Federal Bureau of Investigation (FBI),
     the Department of the Treasury, and the Department of
     Energy; and

     (7) The staff elements of the Director of Central
     Intelligence.

     (g) 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:

     (1) The programs of the CIA;

     (2) 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;

     (3) Other programs of agencies within the Intelligence
     Community designated jointly by the Director of Central
     Intelligence and the head of the departrnent or by the
     President as national foreign intelligence or
     counterintelligence activities;

     (4) Activities of the staff elements of the Director of
     Central Intelligence;

     (5) 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.

     (h) Special activities means activities conducted in support
of national foreign policy objectives abroad which are planned and
executed so that the role of the United States Government is not
apparent or acknowledged publicly, and functions in support of
such activities, but which are not intended to influence United
States political processes, public opinion, policies, or media and
do not include diplomatic activities or the collection and
production of intelligence or related support functions.

     (i) United States person means a United States citizen, an
alien known by the intelligence agency concerned to be a permanent
resident alien, an unincorporated association substantially
composed of United States citizens or permanent resident aliens,
or a corporation incorporated in the United States, except for a
corporation directed and controlled by a foreign government or
governments. [589]


3.5 Purpose and Effect. This Order is intended to control and
provide direction and guidance to the Intelligence Community.
Nothing contained herein or in any procedures promulgated
hereunder is intended to confer any substantive or procedural
right or privilege on any person or organization.


3.6  Revocation. Executive Order No. 12036 of January 24,1978, as
amended, entitled 'United States Intelligence Activities,' is
revoked.


RONALD REAGAN, THE WHITE HOUSE. December 4, 1981.


[End N.2.1]
