Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
118568730
label
Intelligence [Executive Order] (Jim Cicconi) (2)
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
118568730
contentType
document
title
Intelligence [Executive Order] (Jim Cicconi) (2)
citationUrl
identifierLocal
94
collections
Records of the Office of the Chief of Staff (Reagan Administration)
James Cicconi's Subject Files
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
118568730
coverageEndDate
logicalDate
1985-12-31
year
1985
coverageStartDate
logicalDate
1981-01-01
year
1981
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
9deb6ed4fb55af36
ocrText
Executive Order 12036
Proposed Executive Order
Reason for Change
1-11. The Department of Defense.
1.11 The Department of
Defense. The Secretary of
The Secretary of Defense
Defense shall:
shall:
1-1101. Collect national
(a) Collect national
Technical change.
foreign intelligence and be
foreign intelligence and be
responsive to collection tasking
responsive to collection tasking
by the NITC.
by the Director of Central
Intelligence;
1-1102. Collect, produce
(b) Collect, produce and
Technical change.
and disseminate foreign military
disseminate military and
and military-related intelligence
military-related foreign intelli-
information, including scien-
gence and counterintelligence as
tific, technical, political,
required for execution of the
geographic and economic informa-
Secretary's responsibilities;
tion as required for execution of
the Secretary's responsibilities;
1-1103. Conduct programs
(c) Conduct programs and
and missions necessary to fulfill
missions necessary to fulfill
national and tactical foreign
national, departmental and
intelligence requirements;
tactical foreign intelligence
requirements;
43
Executive Order 12036
Proposed Executive Order
Reason for Change
(1.11 Continued)
1-1104. Conduct counter-
(d) Conduct counter-
Unnecessary language
intelligence activities in
intelligence activities in
eliminated.
support of Department of Defense
support of Department of Defense
components outside the United
components outside the United
States in coordination with the
States in coordination with the
CIA, and within the United States
CIA, and within the United States
in coordination with the FBI
in coordination with the FBI,
pursuant to procedures agreed
pursuant to procedures agreed
upon by the Secretary of Defense
upon by the Secretary of Defense
and the Attorney General, and
and the Attorney General;
produce and disseminate counter-
intelligence studies and reports;
1-1105. Direct, operate,
(j) Direct, operate,
Same as Section 1-1105 of
control and provide fiscal
control and provide fiscal
Executive Order 12036.
management for the National Secu-
management for the National
rity Agency and for defense and
Security Agency and for defense
military intelligence and
and military intelligence and
national reconnaissance entities;
national reconnaissance entities;
and
1-1106. Conduct, as the
(e) Conduct, as the
executive agent of the United
executive agent of the United
States Government, signals
States Government, signals
intelligence and communications
intelligence and communications
security activities, except as
security activities, except as
otherwise directed by the NSC;
otherwise directed by the NSC;
1-1107. Provide for the
(f) Provide for the
timely transmission of critical
timely transmission of critical
intelligence, as defined by the
intelligence, as defined by the
Director of Central Intelligence,
Director of Central Intelligence,
within the United States Govern-
within the United States Govern-
ment;
ment;
44
Executive Order 12036
Proposed Executive Order
Reason for Change
(1.11 Continued)
1-1108. Review budget
This section of Executive
data and information on Depart-
Order 12036 was eliminated as
ment of Defense programs within
unnecessary. (See Section
the National Foreign Intelligence
1.11(j) of the new Order.)
Program and review budgets
submitted by program managers to
the Director of Central Intelli-
gence to ensure the appropriate
relationship of the National
Foreign Intelligence Program
elements to the other elements of
the Defense program;
This section of Executive
1-1109. Monitor, evaluate
Order 12036 was eliminated as
and conduct performance audits of
unnecessary. (See Section
Department of Defense intelli-
1.11(j) of the new Order.)
gence programs;
1-1110. Carry out or
(g) Carry out or contract
contract for research, develop-
for research, development and
ment and procurement of technical
procurement of technical systems
systems and devices relating to
and devices relating to
authorized intelligence func-
authorized intelligence func-
tions;
tions;
45
Executive Order 12036
Proposed Executive Order
Reason for Change
(1.11 Continued)
1-1111. Together with the
Director of Central Intelligence,
Moved and modified. (See
ensure that there is no unneces-
Section 1.5(q) of the new Order.
sary overlap between national
foreign intelligence programs and
Department of Defense intelli-
gence programs and provide the
Director of Central Intelligence
all information necessary for
this purpose;
1-1112. Protect the secu-
(h) Protect the security
rity of Department of Defense
of Department of Defense
installations, activities, infor-
installations, activities,
mation and personnel by appro-
property, information, and
priate means including such
employees by appropriate means,
investigations of applicants,
including such investigations of
employees, contractors and other
applicants, employees, contrac-
persons with similar associations
tors, and other persons with
with the Department of Defense as
similar associations with the
are necessary; and
Department of Defense as are
necessary;
(i) Establish and
This section was added to
maintain military intelligence
clarify and confirm DOD authority
relationships and military
to conduct military intelligence
intelligence exchange programs
liaison activities with foreign
with selected cooperative foreign
defense establishments and inter-
defense establishments and inter-
national organizations, in
national organizations, and
accordance with policies
ensure that such relationships
formulated by the DCI.
and programs are in accordance
with policies formulated by the
Director of Central Intelligence;
46
Executive Order 12036
Proposed Executive Order
(1.11 Continued)
1-1113. Conduct such
(k) Conduct such adminis-
administrative and technical
trative and technical support
support activities within and
activities within and outside the
outside the United States as are
United States as are necessary to
necessary to perform the
perform the functions described
functions described in section
in sections (a) through (j)
1-1101 through 1-1112 above.
above.
47
Executive Order 12036
Proposed Executive Order
Reason for Change
1-12. Intelligence Components
1.12 Intelligence Components
Utilized by the Secretary of
Utilized by the Secretary of
Defense.
Defense. In carrying out the
responsibilities assigned in
In carrying out the
section 1.11, the Secretary of
responsibilities assigned in
Defense is authorized to utilize
sections 1-1101 through 1-1113,
the following:
the Secretary of Defense is
authorized to utilize the follow-
ing:
1-1201. Defense Intelli-
(a) Defense Intelligence
gence Agency, whose responsibil-
Agency, whose responsibilites
ites shall include:
shall include:
(a) Production or,
(1) Collection,
"Collection" was added to
through tasking and coordination,
production, or, through tasking
recognize existing DIA collection
provision of military and
and coordination, provision of
activities.
military-related intelligence for
military and military-related
the Secretary of Defense, the
intelligence for the Secretary of
Joint Chiefs of Staff, other
Defense, the Joint Chiefs of
Defense components, and, as
Staff, other Defense components,
appropriate, non-Defense
and, as appropriate, non-Defense
agencies;
agencies;
(b) Provision of mili-
(2) Collection and
tary intelligence for national
provision of military intelli-
foreign intelligence products;
gence for national foreign
intelligence and counterintelli-
gence products;
48
Executive Order 12036
Proposed Executive Order
Reason for Change
(1-12. Continued)
(1.12(a) Continued)
(c) Coordination of all
(3) Coordination of
Technical change to
Department of Defense intelli-
all Department of Defense
recognize existing practice.
gence collection requirements for
intelligence collection require-
departmental needs;
ments;
(d) Management of the
(4) Management of
Defense Attache system; and
the Defense Attache system; and
(e) Provision of foreign
(5) Provision of
intelligence and counterintelli-
foreign intelligence and counter-
gence staff support as directed
intelligence staff support as
by the Joint Chiefs of Staff.
directed by the Joint Chiefs of
Staff.
1-1202. National Security
(b) National Security
Agency (NSA), whose responsibil-
Agency, whose responsibilities
ities shall include:
shall include:
(a) Establishment and
(1) Establishment
operation of an effective unified
and operation of an effective
organization for signals intelli-
unified organization for signals
gence activities, except for the
intelligence activities, except
delegation of operational control
for the delegation of operational
over certain operations that are
control over certain operations
conducted through other elements
that are conducted through other
of the Intelligence Community.
elements of the Intelligence
No other department or agency may
Community. No other department
engage in signals intelligence
or agency may engage in signals
activities except pursuant to a
intelligence activities except
delegation by the Secretary of
pursuant to a delegation by the
Defense.
Secretary of Defense;
49
Executive Order 12036
Proposed Executive Order
Reason for Change
(1-1202. Continued)
(1.12(b) Continued)
(b) Control of signals
(2) Control of
intelligence collection and
signals intelligence collection
processing activities, including
and processing activities,
assignment of resources to an
including assignment of resources
appropriate agent for such
to an appropriate agent for such
periods and tasks as required for
periods and tasks as required for
the direct support of military
the direct support of military
commanders;
commanders;
(c) Collection of
(3) Collection of
Technical change.
signals intelligence information
signals intelligence information
for national foreign intelligence
for national foreign intelligence
purposes in accordance with task-
purposes in accordance with
ing by the NITC;
guidance from the Director of
Central Intelligence;
(d) Processing of
(4) Processing of
Technical change.
signals intelligence data for
signals intelligence data for
national foreign intelligence
national foreign intelligence
purposes consistent with
purposes in accordance with
standards for timeliness estab-
guidance from the Director of
lished by the Director of Central
Central Intelligence;
Intelligence;
(e) Dissemination of
(5) Dissemination
signals intelligence information
of signals intelligence infor-
Technical change.
for national foreign intelligence
mation for national foreign
purposes to authorized elements
intelligence purposes to
of the Government, including the
authorized elements of the
military services, in accordance
Government, including the
with guidance from the NITC;
military services, in accordance
with guidance from the Director
of Central Intelligence;
50
Executive Order 12036
Proposed Executive Order
(1-1202. Continued)
(1.12(b) Continued)
(f) Collection, process-
(6) Collection,
ing, and dissemination of signals
processing and dissemination of
intelligence information for
signals intelligence information
counterintelligence purposes;
for counterintelligence purposes;
(g) Provision of signals
(7) Provision of
intelligence support for the
signals intelligence support for
conduct of military operations in
the conduct of military
accordance with tasking, priori-
operations in accordance with
ties and standards of timeliness
tasking, priorities, and
assigned by the Secretary of
standards of timeliness assigned
Defense. If provisions of such
by the Secretary of Defense. If
support requires use of national
provision of such support
collection systems, these systems
requires use of national
will be tasked within existing
collection systems, these systems
guidance from the Director of
will be tasked within existing
Central Intelligence;
guidance from the Director of
Central Intelligence;
(h) Executing the
(8) Executing the
responsibilites of the Secretary
responsibilites of the Secretary
of Defense as executive agent for
of Defense as executive agent for
the communications security of
the communications security of
the United States Government;
the United States Government;
(i) Conduct of research
(9) Conduct of
and development to meet needs of
research and development to meet
the United States for signals
needs of the United States for
intelligence and communications
signals intelligence and commu-
security;
nications security;
51
Executive Order 12036
Proposed Executive Order
Reason for Change
(1-1202. Continued)
(1.12(b) Continued)
(j) Protection of the
(10) Protection of
"Property" and "employees"
security of its installations,
the security of its installa-
have been added for clarity and
activities, information and
tions, activities, property,
completeness.
personnel by appropriate means
information, and employees by
including such investigations of
appropriate means, including such
applicants, employees, contrac-
investigations of applicants,
tors and other persons with
employees, contractors, and other
similar associations with the NSA
persons with similar associations
as are necessary; and
with the NSA as are necessary;
(k) Prescribing, within
(11) Prescribing,
its field of authorized opera-
within its field of authorized
tions, security regulations
operations, security regulations
covering operating practices,
covering operating practices,
including the transmission,
including the transmission,
handling and distribution of
handling and distribution of
signals intelligence and commu-
signals intelligence and commu-
nications security material
nications security material
within and among the elements
within and among the elements
under control of the Director of
under control of the Director of
the NSA, and exercising the
the NSA, and exercising the
necessary supervisory control to
necessary supervisory control to
ensure compliance with the regu-
ensure compliance with the regu-
lations.
lations;
52
Executive Order 12036
Proposed Executive Order
Reason for Change
(1.12(b) Continued)
(12) Conduct of
This section was added to
foreign cryptologic liaison
clarify and confirm NSA's
relationships, with liaison for
authority to conduct foreign
intelligence purposes conducted
cryptologic liaison activities.
in accordance with policies
Such liaison for intelligence
formulated by the Director of
purposes (liaison on other than
Central Intelligence; and
communications security matters),
must be in accordance with
(13) Conduct of such
policies formulated by the DCI.
administrative and technical
support activities within and
outside the United States as are
This provision was added
necessary to perform the
to clarify and confirm NSA's
functions described in sections
authority to conduct support
(1) through (12) above, including
activities and procurement.
procurement.
1-1203. Offices for the
(c) Offices for the
collection of specialized intel-
collection of specialized
ligence through reconnaissance
intelligence through reconnais-
programs, whose responsibilities
sance programs, whose responsi-
shall include:
bilities shall include:
(a) Carrying out consol-
(1) Carrying out
idated reconnaissance programs
consolidated reconnaissance
for specialized intelligence;
programs for specialized intelli-
gence;
53
Executive Order 12036
Proposed Executive Order
Reason for Change
(1.1203. Continued)
(1.12(c) Continued)
(b) Responding to task-
(2) Responding to
Technical change.
ing through the NITC; and
tasking in accordance with
procedures established by the
Director of Central Intelligence;
and
(c) Delegating authority
(3) Delegating
to the various departments and
authority to the various depart-
agencies for research, develop-
ments and agencies for research,
ment, procurement, and operation
development, procurement, and
of designated means of collec-
operation of designated means of
tion.
collection.
1-1204. The foreign
(d) The foreign intelli-
intelligence and counterintelli-
gence and counterintelligence
gence elements of the military
elements of the Army, Navy, Air
services, whose responsibilities
Force, and Marine Corps, whose
shall include:
responsibilities shall include:
54
Executive Order 12036
Proposed Sxecutive Order
Reason for Change
(1-1204. Continued)
(1.12(d) Continued)
(a) Collection, produc-
(1) Collection,
tion and dissemination of
production and dissemination of
Technical changes only.
military and military-related
military and military-related
foreign intelligence, including
foreign intelligence and counter-
information on indications and
intelligence, and information on
warnings, foreign capabilities,
the foreign aspects of narcotics
plan and weapons systems,
production and trafficking. When
scientific and technical develop-
collection is conducted in
ments and narcotics production
response to national foreign
and trafficking. When collection
intelligence requirements, it
is conducted in response to
will be conducted in accordance
national foreign intelligence
with guidance from the Director
requirements, it will be tasked
of Central Intelligence.
by the NITC. Collection of
Collection of national foreign
national foreign intelligence,
intelligence, not otherwise
not otherwise obtainable, outside
obtainable, outside the United
the United States shall be
States shall be coordinated with
coordinated with the CIA, and
the CIA, and such collection
such collection within the United
within the United States shall be
States shall be coordinated with
coordinated with the FBI;
the FBI;
(b) Conduct of counter-
(2) Conduct of
Unnecessary language
intelligence activities outside
counterintelligence activities
eliminated.
the United States in coordination
outside the United States in
with the CIA, and within the
coordination with the CIA, and
United States in coordination
within the United States in
with the FBI, and production and
coordination with the FBI; and
dissemination of counterintelli-
gence studies or reports; and
55
Executive Order 12036
Proposed Executive Order
(1-1204. Continued)
(1.12(d) Continued)
(c) Monitoring of the
(3) Monitoring of
development, procurement and
the development, procurement and
management of tactical intelli-
management of tactical intelli-
gence systems and equipment and
gence systems and equipment and
conducting related research,
conducting related research,
development, and test and evalua-
development, and test and evalua-
tion activities.
tion activities.
1-1205. Other offices
(e) Other offices within
within the Department of Defense
the Department of Defense
appropriate for conduct of the
appropriate for conduct of the
intelligence missions and respon-
intelligence missions and respon-
sibilities assigned to the Secre-
sibilities assigned to the Secre-
tary of Defense. If such other
tary of Defense. If such other
offices are used for intelligence
offices are used for intelligence
purposes, the provisions of
purposes, the provisions of
Section 2-101 through 2-309 of
Part 2 of this Order shall apply
this Order shall apply to those
to those offices when used for
offices when used for those
those purposes.
purposes.
1-13. The Department of Energy.
1.13
The Department of
Energy. The Secretary of Energy
The Secretary of Energy
shall:
shall:
1-1301. Participate with
(a) Participate with the
the Department of State in
Department of State in overtly
overtly collecting political,
collecting information with
economic and technical informa-
respect to foreign energy
tion with respect to foreign
matters;
energy matters;
56
Executive Order 12036
Proposed Executive Order
(1-1301. Continued)
(1.13 Continued)
1-1302. Produce and
(b) Produce and dissemi-
disseminate foreign intelligence
nate foreign intelligence
necessary for the Secretary's
necessary for the Secretary's
responsibilities;
responsibilities;
1-1303. Participate in
(c) Participate in
formulating intelligence collec-
formulating intelligence collec-
tion and analysis requirements
tion and analysis requirements
where the special expert capa-
where the special expert
bility of the Department can
capability of the Department can
contribute; and
contribute; and
1-1304. Provide expert
(d) Provide expert
technical, analytical and
technical, analytical and
research capability to other
research capability to other
agencies within the Intelligence
agencies within the Intelligence
Community.
Community.
1-14. The Federal Bureau of
1.14 The Federal Bureau of
Investigation.
Investigation. Under the super-
vision of the Attorney General
Under the supervision of
and pursuant to such regulations
the Attorney General and pursuant
as the Attorney General may
to such regulations as the
establish, the Director of the
Attorney General may establish,
FBI shall:
the Director of the FBI shall:
57
Executive Order 12036
Proposed Executive Order
Reason for Change
(1-14. Continued)
(1.14 Continued)
1-1401. Within the United
(a) Within the United
States conduct counterintelli-
States conduct counterintelli-
gence and coordinate counter-
gence and coordinate counter-
intelligence activities of other
intelligence activities of other
agencies within the Intelligence
agencies within the Intelligence
Community. When a counterintel-
Community. When a counter-
ligence activity of the FBI
intelligence activity of the FBI
involves military or civilian
involves military or civilian
personnel of the Department of
personnel of the Department of
Defense, the FBI shall coordinate
Defense, the FBI shall coordinate
with the Department of Defense;
with the Department of Defense;
1-1402. Conduct counter-
(b) Conduct counter-
This provision has been
intelligence activities outside
intelligence activities outside
reworded to make it parallel to
the United States in coordination
the United States in coordination
the provision for CIA coordina-
with the CIA, subject to the
with the CIA as required by
tion with the FBI on counter-
approval of the Director of
procedures agreed upon by the
intelligence activities within
Central Intelligence;
Director of Central Intelligence
the United States. (See Section
and the Attorney General;
1.8(c) of the new Order).
58
Executive Order 12036
Proposed Executive Order
Reason for Change
(1.14 Continued)
1-1403. Conduct within
(c) Conduct within the
New language has been
the United States, when requested
United States, when requested by
added to permit FBI support to
by officials of the Intelligence
officials of the Intelligence
communications security
Community designated by the
Community designated by the
activities when requested by the
President, lawful activities
President, activities undertaken
Director of NSA. The existing
undertaken to collect foreign
to collect foreign intelligence
provision has been interpreted to
intelligence or support foreign
or support foreign intelligence
not permit such support.
intelligence collection require-
collection requirements of other
ments of other agencies within
agencies within the Intelligence
the Intelligence Community;
Community, or, when requested by
the Director of the National
Security Agency, to support the
communications security activi-
ties of the United States
Government;
1-1404. Produce and
(d) Produce and dissemi-
disseminate foreign intelligence,
nate foreign intelligence and
counterintelligence and counter-
counterintelligence; and
intelligence studies and reports;
and
1-1405. Carry out or
(e) Carry out or contract
contract for research, develop-
for research, development and
ment and procurement of technical
procurement of technical systems
systems and devices relating to
and devices relating to the
the functions authorized above.
functions authorized above.
59
Executive Order 12036
Reason for Change
1-15. The Drug Enforcement
DEA has been eliminated
Administration.
from the new Order because it has
never really functioned as a
Under the supervision of
member of the Intelligence
the Attorney General and pursuant
Community and because its
to such regulations as the
activities are primarily, if not
Attorney General may establish,
solely, for law enforcement pur-
the Administrator of DEA shall:
poses. Provisions for DEA's or
its successor's interface with
1-1501. Collect, produce
the Intelligence Community have
and disseminate intelligence on
been preserved. (See Sections
the foreign and domestic aspects
1.5(e), (f) and (g) of the new
of narcotics production and
Order.
.
trafficking in coordination with
other agencies with responsibili-
ties in these areas;
1-1502. Participate with
the Department of State in the
overt collection of general
foreign political, economic and
agricultural information relating
to narcotics production and
trafficking; and
1-1503. Coordinate with
the Director of Central Intelli-
gence to ensure that the foreign
narcotics intelligence activities
of DEA are consistent with other
foreign intelligence programs.
60
Executive Order 12036
Proposed Executive Order
Reason for Change
SECTION 2
PART 2
RESTRICTIONS ON
CONDUCT OF INTELLIGENCE
INTELLIGENCE ACTIVITIES
ACTIVITIES
2.1
Adherence to Law.
2.1 Need. Accurate and timely
The new order, unlike
information about the capabili-
Executive Order 12036, emphasizes
2-101. Purpose. Infor-
ties, intentions and activities
that collection of accurate and
mation about the capabilities,
of foreign powers, organizations,
timely intelligence is a priority
intentions and activities of
or persons and their agents is
objective and that such collec-
foreign powers, organizations, or
essential to informed decision-
tion will be aggressively pursued
persons and their agents is
making in the areas of national
in a manner that is lawful and
essential to informed decision-
defense and foreign relations.
respectful of the principles upon
making in the areas of national
Collection of such information is
which the United States was
defense and foreign relations.
a priority objective and will be
founded.
The measures employed to acquire
pursued in an aggressive,
such information should be
innovative and responsible manner
responsive to legitimate govern-
that is consistent with the
mental needs and must be
Constitution and applicable law
conducted in a manner that
and respectful of the principles
preserves and respects estab-
upon which the United States was
lished concepts of privacy and
founded.
civil liberties.
61
Executive Order 12036
Proposed Executive Order
Reason for Change
2-102.
Principles of
2.2
Purpose. This Order is
Interpretation. Sections 2-201
intended to enhance human and
The new provision stresses
technical collection techniques,
the intent of the new order to
through 2-309 set forth limita-
tions which, in addition to other
especially those undertaken
enhance intelligence activities.
applicable laws, are intended to
abroad, and the acquisition of
achieve the proper balance
significant foreign intelligence,
between protection of individual
as well as the detection and
rights and acquisition of essen-
countering of international
tial information. Those sections
terrorist activities and
do not authorize any activity not
espionage conducted by foreign
authorized by sections 1-101
powers. Set forth below are
through 1-1503 and do not provide
certain general principles that,
any exemption from any other law.
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 inter-
ests. 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.
62
Executive Order 12036
Proposed Executive Order
Reason for Change
2-208.
Collection of
2.3
Collection of Infor-
New section 2.3 clearly
Nonpublicly Available Infor-
mation. Agencies within the
and affirmatively authorizes
mation. No agency within the
Intelligence Community are
collection, retention and
Intelligence Community may
authorized to collect, retain or
dissemination of U.S. person
collect, disseminate or store
disseminate information concern-
information for the stated
information concerning the
ing United States persons only in
intelligence purposes. Its
activities of United States
accordance with procedures estab-
counterpart in Executive Order
persons that is not available
lished by the head of the agency
12036 is negative in tone and
publicly, unless it does so with
concerned and approved by the
imposes limitations upon such
their consent or as permitted by
Attorney General, consistent with
activities.
procedures established pursuant
the authorities provided by
to section 2-201. Those proce-
Part 1 of this Order. Those
dures shall limit collection,
procedures shall permit collec-
storage, or dissemination to the
tion, retention and dissemination
following types of information:
of the following types of infor-
mation:
(a) Information concern-
(a) Information that is
The substance of the new
ing corporations or other
publicly available or collected
subsection was taken from the
commercial organizations or
with the consent of the person
stem of section 2-208 of
activities that constitutes
concerned, or through cooperating
Executive Order 12036.
foreign intelligence or counter-
sources;
intelligence;
63
Executive Order 12036
Proposed Executive Order
Reason for Change
(2-208. Continued)
(2.3 Continued)
(f) Information
(b) Information consti-
This subsection grants
constituting foreign intelligence
tuting foreign intelligence or
authority to collect foreign
or counterintelligence gathered
counterintelligence, including
intelligence and is intended to
abroad or from electronic
such information concerning
consolidate and specify the cir-
surveillance conducted in
corporations or other commercial
cumstances under which such
compliance with section 2-202 or
organizations. Collection within
intelligence may be collected in
the United States of foreign
the United States from or con-
from cooperating sources in the
United States;
intelligence not otherwise
cerning United States persons by
obtainable shall be undertaken by
agencies of the Intelligence
the FBI or, when significant
Community. The current Order
foreign intelligence is sought,
(Section 2-208 (f)) limits such
by other authorized agencies of
collection to information
the Intelligence Community,
obtained from "cooperating
provided that no foreign intelli-
sources.' It should be a
gence collection by such agencies
sufficient safeguard to limit the
may be undertaken for the purpose
authority of the Intelligence
of acquiring information concern-
Community to engage in such
ing the domestic activities of
collection in only significant
United States persons.
cases which could not concern the
domestic activities of U.S.
persons.
64
Executive Order 12036
Proposed Executive Order
Reason for Change
(2-208. Continued)
(2.3 Continued)
(g) Information about a
(c) Information obtained
This subsection simplifies
person who is reasonably believed
in the course of a lawful foreign
and standardizes the criteria for
to be acting on behalf of a
intelligence, counterintelli-
foreign intelligence, counter-
foreign power, engaging in inter-
gence, international narcotics or
intelligence, narcotics and
national terrorist activities or
international terrorism investi-
terrorism investigations, and
narcotics production or traffick-
gation;
permissible retention and
ing, or endangering the safety of
dissemination of information
a person protected by the United
derived therefrom. The sub-
States Secret Service or the
section eliminates the
Department of State;
ambiguities and inconsistencies
of its counterparts in Executive
Order 12036.
65
Executive Order 12036
Proposed Executive Order
Reason for Change
(k) Information
(d) Information needed to
concerning persons or activities
This subsection consoli-
protect the safety of any person
that pose a clear threat to any
or organizations, including those
dates three separate provisions
facility or personnel of any
of Executive Order 12036 and
who are targets, victims or
agency within the Intelligence
hostages of international
removes arbitrary and unnecessary
Community. Such information may
limits on collection needed to
terrorist organizations;
be retained only by the agency
protect the safety of any persons
threatened and if appropriate, by
or organizations.
the United States Secret Service
and the FBI.
65A
Executive Order 12036
Proposed Executive Order
Reason for Change
(2-208. Continued)
(2.3 Continued)
(c) Information concern-
(e) Information needed to
This subsection is
ing present or former employees,
protect foreign intelligence or
expanded to permit collection
present or former intelligence
counterintelligence sources or
abroad for this purpose of
agency contractors or their
methods from unauthorized disclo-
individuals other than employees
present or former employees, or
sure. Collection within the
and others with similar relation-
applicants for any such employ-
United States shall be undertaken
ships to intelligence agencies.
ment or contracting, which is
by the FBI except that other
needed to protect foreign
agencies of the Intelligence
intelligence or counterintelli-
Community may also collect such
gence sources or methods from
information concerning present or
unauthorized disclosure;
former employees, present or
former intelligence agency
contractors or their present or
former employees, or applicants
for any such employment or
contracting;
(e) Information
(f) Information concern-
concerning persons who are
ing persons who are reasonably
reasonably believed to be
believed to be potential sources
potential sources or contacts,
or contacts for the purpose of
but only for the purpose of
determining their suitability or
determining the suitability or
credibility;
credibility of such persons;
66
Executive Order 12036
Proposed Executive Order
(2-208. Continued)
(2.3 Continued)
(b) Information arising
(g) Information arising
out of a lawful counterintel-
out of a lawful personnel,
ligence or personnel, physical or
physical or communications
communications security investi-
security investigation;
gation;
(h) Information acquired
(h) Information acquired
by overhead reconnaissance not
by overhead reconnaissance not
directed at specific United
directed at specific United
States persons;
States persons;
[See § 2-310(a)]
(i) Incidentally obtained
information that may indicate
involvement in activities that
may violate federal, state, local
or foreign laws; and
[See § 2-310(d)]
(j) Information necessary
for administrative purposes.
67
Executive Order 12036
Proposed Executive Order
Reason for Change
In addition, agencies within the
This new paragraph will
Intelligence Community may
facilitate dissemination of
disseminate information, other
information within the Intelli-
than information derived from
gence Community concerning U.S.
signals intelligence, to each
persons. It will be of most
appropriate agency within the
benefit to agencies with counter-
Intelligence Community for
intelligence responsibilities.
purposes of allowing the
Under Executive Order 12036, no
recipient agency to determine
dissemination of information
whether the information is
concerning U.S. persons can occur
relevant to its responsibilities
until a determination has been
and can be retained by it.
made that the information is
within one of the categories
designated in Section 2-208.
This requires the disseminating
agency to make an administrative
determination before it can dis-
seminate the information. This
new provision will allow dis-
semination of information, other
than information derived from
signals intelligence, without the
delay occasioned by the admin-
istrative determination that the
information falls within the
categories listed in the new
Section 2.3. Rather, the infor-
mation is relevant to its
responsibilities before the
agency can retain it. Signals
intelligence information, because
of the possible constitutional
implications raised by the manner
in which it is acquired, is
subject to separate dissemination
procedures.
67A
Executive Order 12036
Reason for Change
Deleted:
(d) Information needed
Eliminated as unnecessary
solely to identify individuals in
in view of other expanded
contact with those persons
categories in Section 2.3.
described in paragraph (c) of
this section or with someone who
is the subject of a lawful
foreign intelligence or counter-
intelligence investigation;
(i) Information concern-
Eliminated as unnecessary
ing United States persons abroad
in view of new subsection 2.3(d).
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
Eliminated as unnecessary
collected, received, disseminated
in view of other expanded
or stored by the FBI and neces-
categories in Section 2.3.
sary to fulfill its lawful
investigative responsibilities;
or
68
Executive Order 12036
Proposed Executive Order
Reason for Change
2-2. Restrictions on Certain
2.4 Collection Techniques.
Section 2.4 consolidates
Collection Techniques.
Agencies within the Intelligence
Community shall use the least
several separate provisions of
Executive Order 12036.
2-201. General Provi-
intrusive collection techniques
sions.
feasible within the United States
or directed against United States
(a) The activities
persons abroad. Agencies are not
described in section 2-202
authorized to use such techniques
through 2-208 shall be undertaken
as electronic surveillance,
only as permitted by this Order
unconsented physical search, mail
and by procedures established by
surveillance, physical surveil-
the head of the agency concerned
lance, or monitoring devices
and approved by the Attorney
unless they are in accordance
General. Those procedures shall
with procedures established by
protect constitutional rights and
the head of the agency concerned
privacy, ensure that information
and approved by the Attorney
is gathered by the least
General. Such procedures shall
intrusive means possible, and
protect constitutional and other
limit use of such information to
legal rights and limit use of
lawful governmental purposes.
such information to lawful
governmental purposes. These
procedures shall not authorize:
[Section 2-201 (b) is set out
opposite § 2.5 of new Order.]
69
Executive Order 12036
Proposed Executive Order
Reason for Change
(2.4. Continued)
2-202. Electronic
(a) The CIA to engage in
The prohibition found in
Surveillance. The CIA may not
electronic surveillance within
Executive Order 12036 on CIA use
engage in any electronic surveil-
the United States except for the
of electronic surveillance within
lance within the United States.
purpose of training, testing, or
the United States is retained.
No agency within the Intelligence
conducting countermeasures to
Electronic surveillance for
Community shall engage in any
hostile electronic surveillance;
training, testing, or conducting
electronic surveillance directed
countermeasures to hostile elec-
against a United States person
tronic surveillance is permitted,
abroad or designed to intercept a
as under the old Order and the
communication sent from, or
Foreign Intelligence Surveillance
intended for receipt within, the
Act of 1978.
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 communica-
tions equipment, testing by such
agencies of such equipment, and
the use of measures to determine
the existence and capability of
electronic surveillance equipment
being used unlawfully shall not
be prohibited and shall also be
governed by such procedures.
Such activities shall be limited
in scope and duration to those
necessary to carry out the train-
ing, 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
70
Executive Order .12036
Proposed Executive Order
Reason for Change
(2-202. Continued)
(2.4 Continued)
other purpose. Any electronic
surveillance, as defined in the
Foreign Intelligence Surveillance
Act of 1978, shall be conducted
in accordance with that Act as
well as this Order.
2-204. Physical
(b) Unconsented physical
Searches. No agency within the
searches in the United States by
Intelligence Community except the
agencies other than the FBI,
FBI may conduct any unconsented
except for:
physical searches within the
United States. All such searches
(1) Searches by
Section 2.4 (b) (1)
conducted by the FBI, as well as
counterintelligence elements of
authorizes the counterintelli-
all such searches conducted by
the military services directed
gence elements of the military
any agency within the Intellignce
against military personnel
services to conduct unconsented
Community outside the United
within the United States or
physical searches against active-
States and directed against
abroad for intelligence purposes,
duty military personnel. Under
United States persons, shall be
when authorized by a military
Executive Order 12036, only the
undertaken only as permitted by
commander empowered to approve
FBI is permitted to conduct
procedures established pursuant
physical searches for law
unconsented physical searches
to section 2-201.
enforcement purposes, based upon
within the United States.
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
Under Section 2.4(b) (2),
CIA will be permitted to conduct
non-United States persons
lawfully in its possession.
a search of a non-U.S. person's
personal property lawfully in its
possession. Under Executive
Order 12036, such property
acquired abroad or entrusted to a
CIA asset could not be opened in
the United States unless the
71
opening is accomplished by the
FBI.
Executive Order 12036
Proposed Executive Order
Reason for Change
(2.4 Continued)
2-206. Physical Surveil-
(c) Physical surveillance
lance. The FBI may conduct
of a United States person in the
physical surveillance directed
United States by agencies other
against United States persons or
than the FBI, except for:
others only in the course of a
lawful investigation. Other
(1) Physical
The new Order expands the
agencies within the Intelligence
surveillance of present or former
authority to conduct physical
Community may not undertake any
employees, present or former
surveillance in the United States
physical surveillance directed
intelligence agency contractors
to encompass former employees and
against a United States person
or their present or former
others with similar relationships
unless:
employees, or applicants for any
to the Intelligence Community.
such employment or contracting;
and
(2) Physical
surveillance of a military person
employed by a nonintelligence
element of a military service.
(d) Physical surveillance
The new Order eliminates
of a United States person abroad
to collect foreign intelligence,
the requirement of a reasonable
except to obtain significant
belief that a person is acting on
information that cannot reason-
behalf of a foreign power or
ably be acquired by other means.
engaging in terrorist or nar-
cotics activities before he may
be physically surveilled
abroad. The new Order substi-
tutes the requirement that if the
purpose of the physical surveil-
lance is to acquire foreign
intelligence, the information
sought must be significant and
cannot be acquired by other
means. Physical surveillance for
other than foreign intelligence
72
purposes (counterintelligence,
terrorism, narcotics) could be in
the course of a lawful investi-
gation.
Executive Order 12036
(2-206. Continued)
(b) The surveillance is
Eliminated. See comment on page 72.
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 investiga-
tion; or
(c) That person is being
Eliminated. See comment on page 72.
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 communica-
tions security investigation.
73
Executive Order 12036
(2-206. Continued)
(d) No surveillance
Eliminated. See comment
under paragraph (c) of this
on page 72.
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.
74
Executive Order 12036
Proposed Executive Order
Reason for Change
(2-206. Continued)
(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 inter-
national terrorist activities, or
engaging in narcotics production
or trafficking;
2-203. Television
[See § 2.4 of new Order. ]
Section 2.4 of the new
Cameras and Other Monitoring. No
Order covers this subject sub-
agency within the Intelligence
stantively and eliminates the
Community shall use any
need for a separate provision as
electronic or mechanical device
in Executive Order 12036.
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. Any monitoring which
constitutes electronic surveil-
lance as defined in the Foreign
Intelligence Surveillance Act of
1978 shall be conducted in accor-
dance with that Act as well as
this Order.
75
Executive Order 12036
Proposed Executive Order
Reason for Change
2-205.
Mail Surveil-
(See sections 2.4 and 2.8
Sections 2.4 and 2.8 of
lance. No agency within the
of new Order.)
the new Order cover this subject
Intelligence Community shall open
substantively and eliminate the
mail or examine envelopes in
need for separate provisions as
United States postal channels,
in Executive Order 12036.
except in accordance with
applicable statutes and regula-
tions. 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.
Section 2.8 of the new
2-301. Tax Infor-
[See § 2.8 of new Order. ]
Order covers this subject sub-
mation. No agency within the
stantively and eliminates the
Intelligence Community shall
need for a separate provision as
examine tax returns or tax infor-
in Executive Order 12036.
mation except as permitted by
applicable law.
76
Executive Order 12036
Proposed Executive Order
Reason for Change
2-201. (b) Activities described
2.5
Attorney General
This provision delegates
in section 2-202 through 2-205
Approval. The Attorney General
authority to the Attorney
for which a warrant would be
hereby is delegated the power to
General to approve the
required if undertaken for law
approve the use for intelligence
use of intrusive techniques
enforcement rather than intelli-
purposes, within the United
under defined circumstances.
gence purposes shall not be
States or against a United States
It eliminates the need for a
undertaken against a United
person abroad, of any technique
separate Presidential delegation,
States person without a judicial
for which a warrant would be
as is currently the case under
warrant, unless the President has
required if undertaken for law
E.O. 12036.
authorized the type of activity
enforcement purposes, provided
involved and the Attorney General
that such techniques shall not be
has both approved the particular
undertaken unless the Attorney
activity and determined that
General has determined in each
there is probable cause to
case that there is probable cause
believe that the United States
to believe that the technique is
person is an agent of a foreign
directed against a foreign power
power. Electronic surveillance,
or an agent of a foreign power.
as defined in the Foreign Intelli-
Electronic surveillance, as
gence Surveillance Act of 1978,
defined in the Foreign Intelli-
shall be conducted in accordance
gence Surveillance Act of 1978,
with that Act, as well as this
shall be conducted in accordance
Order.
with that Act, as well as this
Order.
77
Executive Order 12036
Proposed Executive Order
Reason for Change
2-3.
Additional Restrictions
and Limitations.
2-308. Restrictions on
2.6
Assistance to Law Enforce-
The new Order generally
Assistance to Law Enforcement
ment Authorities. Agencies
authorizes assistance permitted
Authorities. Agencies within the
within the Intelligence Community
under Executive Order 12036.
Intelligence Community other than
are authorized to:
Subsection (d) goes somewhat
the FBI shall not, except as
beyond Executive Order 12036,
expressly authorized by law:
however, by making it clear that
any other assistance may be pro-
(a) Provide services,
vided to law enforcement
equipment, personnel or
authorities if not precluded by
facilities to the Law Enforcement
applicable law. This provision
Assistance Administration (or its
is included to give the Intelli-
successor agencies) or to state
gence Community authority to
or local police organizations of
provide assistance unless pro-
the United States; or
hibited by the Posse Comitatus
Act or the National Security Act
(b) Participate in or
of 1947.
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
(a) Cooperate with appro-
appropriate law enforcement
priate law enforcement agencies
agencies for the purpose of
for the purpose of protecting the
protecting the personnel and
employees, information, property
facilities of any agency within
and facilities of any agency
the Intelligence Community;
within the Intelligence
Community;
78
Executive Order 12036
Proposed Executive Order
Reason for Change
(2-309. Continued)
(2.6 Continued)
(b) Participation in law
(b) Unless otherwise
enforcement activities in accor-
precluded by law or this Order,
dance with law and this Order, to
participate in law enforcement
investigate or prevent clandes-
activities to investigate or
tine intelligence activities by
prevent clandestine intelligence
foreign powers, international
activities by foreign powers, or
narcotics production and
international terrorist or
trafficking, or international
narcotics activities;
terrorist activities; or
(c) Provision of
(c) Provide specialized
specialized equipment, technical
equipment, technical knowledge,
knowledge, or assistance of
or assistance of expert personnel
expert personnel for use by any
for use by any department or
department or agency or, when
agency, or, when lives are
lives are endangered, to support
endangered, to support local law
local law enforcement agencies.
enforcement agencies. Provision
Provisions of assistance by
of assistance by expert personnel
expert personnel shall be
shall be approved in each case by
governed by procedures approved
the General Counsel of the
by the Attorney General.
providing agency; and
(d) Render any other
This provision was added
assistance and cooperation to law
to make it clear that
enforcement authorities not
other lawful assistance
precluded by applicable law.
to law enforcement authorities
is permitted.
79
Executive Order 12036
Proposed Executive Order
Reason for Change
2-303. Restrictions on
2.7
Contracting. Agencies
The new Order eliminates
Contracting. No agency within
within the Intelligence Community
the requirement for Attorney
the Intelligence Community shall
are authorized to enter into
General procedures, but otherwise
enter into a contract or arrange-
contracts or arrangements for the
retains the prohibition on con-
ment for the provision of goods
provision of goods or services
cealed contracts with academic
or services with private
with private companies or
institutions.
companies or institutions in the
institutions in the United States
United States unless the agency
and need not reveal the sponsor-
sponsorship is known to the
ship of such contracts or
appropriate officials of the
arrangements for authorized
company or institution. In the
intelligence purposes. Contracts
case of any company or institu-
or arrangements with academic
tion other than an academic
institutions may be undertaken
institution, intelligence agency
only with the consent of appro-
sponsorship may be concealed
priate officials of the
where it is determined pursuant
institution.
to procedures approved by the
Attorney General, that such
concealment is necessary to
maintain essential cover or
proprietary arrangements for
authorized intelligence purposes.
[See §§ 2-205 and 2-301 of E.O.
2.8
Consistency With Other
This Section, not high-
12036.]
Laws. Nothing in this Order
lighted in Executive Order 12036,
shall be construed to authorize
embodies the principle that the
any activity in violation of the
Order does not exempt the
Constitution or statutes of the
Intelligence Community from the
United States.
requirements of law. It supports
the elimination of some provi-
sions of Executive Order 12036
that merely repeat the .require-
ments of current law, such as
Section 2-205 concerning mail
surveillance.
80
Executive Order 12036
Proposed Executive Order
Reason for Change
2-207. Undisclosed
2.9
Undisclosed Participation
The new Order does not
Participation in Domestic Organi-
in Organizations Within the
significantly alter the
zations. No employee may join,
United States. No one acting on
regulation of undisclosed
or otherwise participate in, any
behalf of agencies within the
participation. No exceptions,
organization within the United
Intelligence Community may join
other than those already con-
States on behalf of any agency
or otherwise participate in any
tained within Executive Order
within the Intelligence Community
organization in the United States
12036 have been made to permit
without disclosing their intelli-
on behalf of any agency within
the influencing of organizations
gence affiliation to appropriate
the Intelligence Community
in the United States.
officials of the organization,
without disclosing his intelli-
except as permitted by procedures
gence affiliation to appropriate
established pursuant to section
officials of the organization,
2-201. Such procedures shall
except in accordance with proce-
provide for disclosure of such
dures established by the head of
affiliation in all cases unless
the agency concerned and approved
the agency head or a designee
by the Attorney General. Such
approved by the Attorney General
participation shall be authorized
finds that nondisclosure is
only if it is essential to
essential to achieving lawful
achieving lawful purposes as
purposes, and that finding is
determined by the agency head or
subject to review by the Attorney
designee. No such participation
General. Those procedures shall
may be undertaken for the purpose
further limit undisclosed partic-
of influencing the activity of
ipation to cases where:
the organization or its members
except in cases where:
(a) The participation is
(a) The participation is
undertaken on behalf of the FBI
undertaken on behalf of the FBI
in the course of a lawful inves-
in the course of a lawful inves-
tigation;
tigation; or
81
Executive Order 12036
Proposed Executive Order
(2-207. Continued)
(2.9 Continued)
(b) The organization
(b) The organization
concerned is composed primarily
concerned is composed primarily
of individuals who are not United
of individuals who are not United
States persons and is reasonably
States persons and is reasonably
believed to be acting on behalf
believed to be acting on behalf
of a foreign power; or
of a foreign power.
(c) The participation is
strictly limited in its nature,
scope and duration to that neces-
sary 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 docu-
ment. No such participation may
be undertaken for the purpose of
influencing the activity of the
organization or its members.
2-302. Restrictions on
2.10 Human Experimentation. No
Experimentation. No agency
agency within the Intelligence
within the Intelligence Community
Community shall sponsor, contract
shall sponsor, contract for, or
for or conduct research on human
conduct research on human
subjects except in accordance
subjects except in accordance
with guidelines issued by the
with guidelines issued by Depart-
Department of Health and Human
ment of Health, Education and
Services. The subject's informed
Welfare. The subject's informed
consent shall be documented as
consent shall be documented as
required by those guidelines.
required by those guidelines.
82
Executive Order 12036
Proposed Executive Order
Reason for Change
2-305. Prohibition on
2.11 Prohibition on Assassina-
Assassination. No person
tion. No person employed by or
employed by or acting on behalf
acting on behalf of the United
of the United States Government
States Government shall engage
shall engage in, or conspire to
in, or conspire to engage in,
engage in, assassination.
assassination.
2-307. Restrictions on
2.12 Indirect Participation.
The wording in the new
Indirect Participation in
No agency of the Intelligence
Order is changed from that in
Prohibited Activities. No agency
Community shall participate in or
of the Intelligence Community
Executive Order 12036, which
request any person to undertake
shall request or otherwise
refers to applicable law, to
activities forbidden by this
encourage, directly or
Order.
substitute the more objective
indirectly, any person, organiza-
standard of participation in
tion, or government agency to
activities forbidden by the new
Order.
undertake activities forbidden by
this Order or by applicable law.
2-304. Restrictions on
Personnel Assigned to Other
Eliminated as unnecessary.
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.
83
Executive Order 12036
Proposed Executive Order
2-306. Restrictions on
[See § 1.8(e) of new Order. ]
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.
2-310. Permissible
Dissemination and Storage of
Information. Nothing in sections
2-201 through 2-309 of this Order
shall prohibit:
(a) Dissemination to
[See § 2.3(i) of new Order.]
appropriate law enforcement
agencies of information which
indiciates involvement in activi-
ties that may violate federal,
state, local or foreign laws;
(b) Storage of Infor-
mation required by law to be
retained;
84
Executive Order 12036
Proposed Executive Order
(2-306. Continued)
(c) Dissemination of
[See § 2.3 of the new Order.]
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
[See § 2.3(j) of new Order.]
dissemination of information
solely for administrative
purposes not related to intel-
ligence or security.
85
Proposed Executive Order
Reason For Change
SECTION 4
PART 3
GENERAL PROVISIONS
GENERAL PROVISIONS
3.1
Congressional Oversight.
This provision recognizes
The duties and responsibilities
that Congressional oversight of
of the Director of Central
intelligence activities shall be
Intelligence and the heads of
as provided by statute. In
other departments, agencies, and
addition, it specifies that the
entities engaged in intelligence
statutory oversight provisions
activities to cooperate with the
shall apply to all special
Congress in the conduct of its
activities. This is to ensure
responsibilities for oversight of
that special activities in the
intelligence activities shall be
United States will be reportable
as provided in title 50, United
to the Congress to the same
States Code, section 413. The
extent as such activities abroad.
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.
86