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Executive Order 12036 1-11. The 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; I I 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 E~ecutive Order 12036 Proposed ~x e c~ t ive Orae r 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 1 2036. 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 I Executive Order 12036 Propos e~ ~?ecu tive 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 l.ll(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 l.ll(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 • , F.xecutive Order 12036 Proposec S x e c u tiv ~~ 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 l.S(g) 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 1 2036 P r opose~ E~p c u ti ve Or d e r (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 _l-1112 above. above. 47 . Executive Order 12036 Proposed Executive Ord er 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 Propose~ Executive Order Reason for Change (1-12. Continued) (l.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 collecti~n 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 Sxecutive Ord e r Reason for Change (1-1202. Continued) (l.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
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