PART III: THE PRESIDENT UNITED STATES FOREIGN INTELLIGENCE ACTIVITIES EXECUTIVE ORDER 11905

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP05T00644R000200770002-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 61
• Document Creation Date: December 22, 2016
• Document Release Date: July 15, 2009
• Sequence Number: 2
• Publication Date: February 19, 1976
• Content Type: REGULATION

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STAT
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Note for Admiral Turner
Re Your question on when the prohibition
against assassination [murder] was instituted.
President Ford's E.O. 11905 specifically
forbade "political assassination" - see
clip at p. 31.
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U ITED STATES FOREIGN
INTELLIGENCE ACTIVITIES
.Exccutivc Order 119905
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Title 3-The President
Executive Order 11905 February 18, 1976
United States Foreign Intelligence Activities
By virtue of the authority vested in me by the
Constitution and statutes of the. United States, includ-
ing the National Security Act of 1947, as amended, and
as President of the United States of America, it is
hereby ordered as follows:
TABLE OF CONTENTS
Section Description Page
1
PURPOSE ................................
2
2
DEFINITIONS .............................
2
3
CONTROL AND DIRECTION OF INTELLIGENCE
ORGANIZATIONS ...........................
4
(a) National Security Council--------
4
(b) Committee on Foreign Intelligence
5
(c) Operations Advisory Group--------
6
(d) Director of Central Intelligence-
7
4
RESPONSIBILITIES AND DUTIES OF THE
INTELLIGENCE COMMUNITY ..................
11
(a) Senior Official of Each Organi-
zation of the Intelligence
Community------------------------ 12
(b) Central Intelligence Agency------ 14
(c) Department of State--------------. 16
(d) Department of the Treasury------.- 17
(e) Department of Defense------------ 18
(f) Energy Research and Development
Administration------------------- - 21
(g) Federal Bureau of Investigation-- 22
5 RESTRICTIONS ON INTELLIGENCE ACTIVITIES 23
6 OVERSIGHT OF INTELLIGENCE ORGANIZATIONS 31
7 SECRECY PROTECTION ..................... 35
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THE PRESIDENT
Section 1. Purpose. The purpose of this order
is to establish policies to improve the quality of
intelligence needed for national security, to clarify
the authority and responsibilities of the intelligence
departments and agencies, and to establish effective
oversight to assure compliance with law in the manage-.
ment and direction of intelligence agencies and depart-
ments of the national government.
Sec. 2. Definitions. For the purpose of this-
Order, unless otherwise indicated, the following terms
shall have these meanings:
(a) Intelligence means:
(1) Foreign intelligence which means informa-
tion, other than foreign counterintelligence, on the
capabilities, intentions and activities of foreign
powers, organizations or their agents;
(2) Foreign counterintelligence which means
activities conducted to protect the United States. and
United States citizens from foreign espionage, sabotage,
subversion, assassination or terrorism.
(b) Intelligence Community refers to the following
organizations:
(1) Central Intelligence Agency;
(2) National Security Agency;
(3) Defense Intelligence Agency;
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(4) Special offices within the Department of
of Defense'for the collection of
specialized intelligence through
reconnaissance programs;
(5) Intelligence elements of the military
services;
(6) Intelligence element of the Federal
Bureau of Investigation;
"`(7) Intelligence.element of the Department
of State;
-(8) Intelligence element of the Department
of the Treasury; and
(9) Intelligence element of the Energy
.,Research and Development Administration.
(c) Special activities in support of national
foreign policy objectives means activities, other than
the collection and production of intelligence and related
support functions, designed to further official United
States programs and policies abroad which are planned and
executed so that the role of the United States Government
is not apparent or publicly acknowledged.
(d) National Foreign Intelligence Program means
the programs of the Central Intelligence Agency and the-
special offices within. the Department of Defense for
the collection of specialized intelligence through recon-
naissance programs, the Consolidated Cryptologic Program,
and those elements of the General Defense Intelligence
Program and other programs of the departments and
agencies, not including tactical intelligence, desig-
nated by the Committee on Foreign Intelligence as part
of the Program.
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Sec. 3. Control and Direction of National
Intelligence Organizations.
(a) National Security Council.
(1) The National Security Council 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. Statutory members of the
National Security Council are the President, the Vice
President, the Secretary of State, and the Secretary
of Defense.
(2) Among its responsibilities, the National
Security Council shall provide guidance and direction
to the development and formulation of national intelli-
gence activities.
(3) The National Security Council shall
conduce a semi-annual review of intelligence policies
and of ongoing special activities in.support of national
Foreign policy objectives. These reviews shall con-
sider the needs of users of intelligence and the timeli-
ness and quality of intelligence products and the con-
tinued appropriateness of special activities in support
of national Foreign policy objectives. The National
Security Council shall consult with the Secretary of
the Treasury and such other users of intelligence as
designated by the President as part of these reviews.
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(h) Committee on Foreign Entellig.ance.
(I) There is established the Committee on
Foreign Intelligence (hereinafter referred tows the
CFI), which stall be composed of the Director of
Central Intelligence, hereinafter referred to as the
DCI, who shall be the Chairman; the Deputy Secretary
. of Defense for Intelligence; and the Deputy Assistant
to the President for National Security Affairs.- The
CFI shall report directly-to the National Security Council.
(2) The CFI shall (i) control budget prepara_
tion and resource allocation for the National Foreign
Intelligence Program.
(A) The CFI shall, prior to submission
to the office of Management and?Budget, review, and
amend as it deems appropriate, the budget for the
National Foreign Intelligence Program.
(B) The CFI shall also adopt rules
governing the reprogramming of funds within this budget-
Such rules may require that reprogrammings of certain
types or amounts be given prior approval by the CFI.
(ii) Establish policy priorities for the col-
lection and production of national intelligence.
(iii) Establish policy for the management of
the National Foreign Intelligence Program.
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.(iv) Provide guidance on the relationship between
tactical and national intelligence; however, neither
the DCI nor the CFI shall have responsibility for.
tactical intelligence.
(v) Provide continuing guidance to the Intelli-
gence Community in order to ensure compliance with
policy directions of the NSC.
(3). The CFI shall be supported by the
Intelligence Community staff headed by the Deputy to
the Director of Central Intelligence for the Intelli-
gence Community..
(4) The CFI shall establish such subcommittees
as it deems appropriate to ensure consultation with
members of the Intelligence Community on policies and
guidance issued by the CFI.
(5) Decisions of the CFI may be reviewed
by the National Security Council upon appeal by the
Director of Central intelligence or any member of the
National Security Council. ..
(c) The Operations Advisory Group.
(1) There is established the Operations
Advisory Group (hereinafter referred to as the Opera-
tions Group), which shall be composed of the Assistant
to the President for National Security Affairs; the
Secretaries of State and Defense; the Chairman of the
Joint Chiefs of Staff; and the Director of Central
Intelligence. The Chairman shall be designated by the
President. The Attorney General and the Director
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THE PRESIDENT
of the office of Management and Budget or their repre-
sentatives, and others who may be designated by the
President, shall attend all meetings as observers.
(2) The Operations. Group shall (i) consider
and develop a policy recommendation, .including any
dissents, for the President prior to his decision on
each special activity in support of national foreign
policy objectives.
(ii) Conduct periodic reviews of programs previ-
ously considered by the Operations Group.
(iii) Give approval for specific sensitive intelli-
gence collection operations as designated by the opera-
tions Group.
(iv) Conduct periodic reviews of ongoing sensitive
intelligence collection operations.
(3) The Operations Group shall discharge
the responsibilities assigned by subparagraphs (c)(2)(i)
and (c)(2)(iii) of this section only after consideration
in a formal meeting attended by all members and observers;
or, in unusual circumstances when any member or observer
is unavailable, when a designated representative o
(4) The staff of the National Security Council.
shall provide support to the Operations Group.
(d) Director of Central Intelligence.
(1) The Director of Central Intelligence,
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pursuant to the National Security Act of 1947, shall
be responsible directly to the National Security-Council
and the President. He shall-
(i) Chair the CFI.
(ii) Act as executive head of the CIA and Intelli-
gence Community staff.
(iii) Ensure the development and submission of
a budget for the National Foreign Intelligence Program
(iv) Act as the President's primary adviser on
foreign intelligence and provide him and other officials
in the Executive branch with.foreign intelligence,
including National Intelligence Estimates; develop
national intelligence requirements and priorities;
and supervise production and dissemination of national
intelligence.
to the CFI..
Ensure appropriate implementation of special
activities in support of national. foreign policy
objectives.
(vi) Establish procedures to ensure the propriety,
of requests, and responses thereto, from the. White House
Staff or other Executive departments and agencies to
the Intelligence Community.
(vii) Ensure that appropriate programs are
developed which properly protect intelligence sources,
methods and analytical procedures. His responsibility
within the United States shall be limited to:
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(A) Protection by lawful means.. against
disclosure by present or former employees of the
Central Intelligence Agency or persons, or employees
of persons or organizations, presently or formerly
under contract with the Agency;
(B) providing leadership, guidance
and technical assistance to other government depart-
ments and agencies performing foreign intelligence
activities; and
(C) in cases involving serious or con-'
tinuing security violations, recommending to the
Attorney General that the case be referred to the Federal
Bureau of Investigation for further investigation.
(viii) Establish a vigorous. program to downgrade
and declassify foreign intelligence information as
appropriate and consistent with Executive Order No. 11652.
(ix) Ensure the existence of strong Inspector
General capabilities in all elements of the Intelligence
Community and that each Inspector General submits
quarterly to the Intelligence Oversight Board a report
which sets forth any questionable activities in which
that intelligence organization has engaged or is engaged.
(x) Ensure the establishment, by the Intelligence
Community, of common security standards for managing
and handling foreign intelligence systems, information
and products, and for granting access thereto.
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(xi) Act as the principal spokesman to the Congress
for the Intelligence Community and facilitate the. use
of foreign intelligence products by Congress.
(xii) Promote the development and maintenance by
the Central Intelligence Agency of services of common
concern to the Intelligence Community organizations,
including multi-discipline analysis, national level
intelligence products, and a national level current
intelligence publication..
(xiii) Establish uniform criteria for the identi-
fication, selection, and designation of relative prior-
ities for the transmission of critical intelligence,
.and provide the Secretary of Defense with continuing
guidance as to the communications requirements of the
Intelligence Community for the transmission qf such
intelligence.
(xiv) Establish such committees of collectors,
producers and users of intelligence to assist in his
conduct of his responsibilities as he deems appropriate.
(xv) Consult with users and producers of intelli-
gence, including the Departments of State, Treasury,
and Defense, the military services, the Federal Bureau
of Investigation,'the Energy Research and Development
Administration, and the Council of Economic Advisors,."
to ensure the timeliness, relevancy and quality of
the intelligence product.
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(2) To assist. the Director of Central Intelli-
gence in the supervision and direction of the Intelli-
gence community, the position of Deputy to the Director
of Central Intelligence for the Intelligence Community
is hereby established (Committee on Foreign intelligence).
(3) To assist the Director of Central Intelli-
gence in the supervision and direction of the central
Intelligence Agency, the Director of Central Intelligence
shall, to the extent consistent with his statutory
.responsibilities, delegate the day-to-day operation of
.the Central Intelligence Agency to the Deputy Director
of Central Intelligence (50 U.S.C. 403(a)).
.(4) To assist the DCI in the fulfillment o
his responsibilities, the heads of all departments and
agencies shall give him access to all information
relevant to the foreign intelligence needs of they United
States, Relevant information requested by the DCI shall
be provided, and the DCI shall take appropriate steps
to maintain its confidentiality.
Sec. 4. Responsibilities and Duties of the
Intelligence Community. Purpose. The rules of operation
prescribed by this section of the order relate to the
activities of our foreign intelligence agencies. In
some instances, detailed implementation of this Executive
order will be contained in classified documents because
of the sensitivity of the information and its relation
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to national security. All such classified instructions
will be consistent with this Order. Unless otherwise
specified within this section, its provisions apply
to activities both inside and outside the United States,
and all references to law are to applicable laws of the
United States. Nothing in this section of this order
shall be construed to interfere with any law-enforcement
responsibility of any department or agency.
(a) Senior Officials of the Intelligence Community.
The senior officials of the. CIA, Departments of State,
Treasury and Defense, ERDA and the FBI shall ensure
that, in discharging the duties and responsibilities
enumerated for their organizations which relate to
foreign intelligence, they are responsive to the needs
of the President, the National Security Council and
other elements. of the Government. In carrying out their
duties and responsibilities, senior officials shall
ensure that all policies and directives relating to
intelligence activities are carried out in accordance
with law and this Order, including Section 5, and shall:
(1) Make appropriate use of the capabilities
of the other elements of the Intelligence Community in
order to achieve maximum efficiency.
(2) Contribute in areas of his responsibility
to the national intelligence products produced under
auspices of the Director of Central Intelligence.
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(3) Establish internal policies and guide-
lines governing employee conduct and ensuring that
such are made known to, and acknowledged by, each
employee.
(4) Provide for a strong and independent
organization for identification and inspection of, and
reporting on, unauthorized activity.
(5) Report to the Attorney General that informa-
tion which relates to detection or prevention of possible
violations of law by any person, including an employee
.of the senior official's department or agency.
.(6) Furnish to the Director.of Central Intelli-
gence, the CFI, the Operations Group, the President's
Foreign Intelligence Advisory Board, and the Intelligence
Oversight Board all of the information required for
the performance'.:of their respective duties.
(7) Participate, as appropriate, in the
provision of services of common concern as directed by
the Director of Central Intelligence and provide other
departments and agencies with such mutual assistance
as may be within his capabilities and as may be required
in the interests of the Intelligence Community for
reasons of economy, effectiveness, or operational
necessity.
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(8) Protect intelligence and intelligence
sources and methods within his department or agency,
consistent with policies and guidance of the Director
of Central Intelligence.
(9) Conduct a continuing review of all classi-
fied material originating within his organization and
promptly declassifying such material consistent with
Executive Order No. 11652, as amended.
:(10) Provide administrative and support functions
required by his department or agency.
(b) The Central Intelligence Agency. All duties
and responsibilities of the Central Intelligence Agency
shall be related to the foreign intelligence functions
outlined below. As authorized by the National Security
Act of 1947, as amended, the CIA Act of 1949, , asamended,
and other laws, regulations, and directives, the Central
Intelligence Agency shall:
(1) Produce and disseminate foreign intelli-
gence relating to the national security, including
foreign political, economic, scientific, technical,
military, sociological, and geographic intelligence,
to meet the needs of the President, the National Security
Council, and other elements of the United States
Government.
(2) Develop and conduct programs to collect
political, economic, scientific, technical, military,
geographic, and sociological information, not otherwise
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THE PRESIDENT
obtainable, relating to foreign intelligence, in
accordance with directives of the National Security
Council. .
(3) Collect and produce intelligence on
foreign aspects of international terrorist activities
and traffic in narcotics.
(4) Conduct foreign counterintelligence
activities outside the United States and when in the
United States in coordination with the FBI subject
to the approval of the Attorney General.
(5) Carry out such other special activities
..in support of national foreign policy objectives as
may be directed by the President or the National
Security Council and which are within the limits of
applicable law.
(6) Conduct, for the Intelligence Community,..
services of common concern as directed by the National
Security Council, such as monitoring of foreign public
radio and television broadcasts and foreign press
services, collection of foreign intelligence informa-
tion from cooperating sources in the United States,
acquisition and translation of foreign publications
and photographic interpretation.
(7) Carry out or contract for research,
development and procurement of technical systems and
devices relating to the functions authorized in this
subsection.
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(8) Protect. the security of its installations,
activities, information and personnel. In order to
maintain this security, the CIA shall conduct such investi-
gations of applicants, employees, and other persons with
similar associations with the CIA.as are necessary.
(9) Conduct administrative, technical and support
activities in the United States or abroad as may be neces-
sary to perform the functions described in paragraphs (1)
through (8) above, including procurement, maintenance
and transport; communications and data processing;
recruitment and training; the provision of personnel,
financial and medical services; development of essential
cover and proprietary arrangements; entering into con-
tracts and arrangements with appropriate private companies
and institutions to provide classified or unclassified
research, analytical and developmental services and
specialized expertise; and entering into similar arrange-
ments with academic institutions, provided CIA sponsor-
ship is known to the appropriate senior officials of
the academic institutions and to senior project officials..
(c) The Department of State. The Secretary of
State shall:
(1) Collect, overtly, foreign political,
political-military, sociological, economic, scientific,
technical and associated biographic information.
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(2) Produce and disseminate foreign intelli-
gence relating to United States foreign policy as
required for the execution of his responsibilities
and in support of policy-makers involved in foreign
relations within the United States Government.
(3) Disseminate within the United States
Government, as appropriate, reports received from
United States diplomatic missions abroad.
(4) Coordinate with the Director of Central
Intelligence to ensure that United States intelligence
activities and programs are useful for and consistent
.with United States foreign policy.
(5) Transmit reporting requirements of the
Intelligence Community to our Chiefs of Missions abroad
and provide guidance for their collection effort.
(6) Contribute to the Intelligence Community
guidance for its collection of intelligence based on
the needs of those responsible for foreign policy decisions.
(7) Support Chiefs of Missions in discharging
their responsibilities to direct and coordinate the
activities of all elements of their missions.
(d) The Department of the Treasury. The Secre-
tary of the Treasury. shall:
(1)
Collect, overtly, foreign financial and
monetary information.
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(2) Participate with the Department of State
in. the overt collection of general foreign economic
information.
(3). Produce that intelligence required for the
execution of the Secretdry's interdepartmental respon-
sibilities and the mission of the Department of the
Treasury.
(4) Contribute intelligence and guidance
required for the development of national intelligence.
(5) Disseminate within the United States
Government, as appropriate, foreign intelligence informa-
tion acquired.
(e) Department of Defense.
(1) The Secretary of Defense shall:
(i) Collect foreign military intelligence inform-
ation as well as military-related foreign intelligence
information, including scientific, technical, political
and economic information as required for the execution
of his responsibilities.
(ii) Produce and disseminate, as appropriate,
intelligence emphasizing foreign military capabilities
and intentions and scientific, technical and economic
developments pertinent to his responsibilities.
(iii) Conduct such programs and missions necessary
to fulfill national intelligence requirements as
determined by the CFI.
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(iv) Direct, fund and operate the National
Security Agency, and national, defense and military
intelligence and reconnaissance entities as required.
(v) Conduct, as the executive agent of the United
States Government, signals intelligence activities and
communications security, except as otherwise approved
by the CFI.
(vi) Provide for the timely transmission of
critical intelligence, as defined by the Director of
Central Intelligence, within the United States Government.
(2), in carrying out these assigned respon-
sibilities, the Secretary of Defense is authorized to
utilize the following:
(i) The Defense Intelligence Agency (whose functions,
authorities and responsibilities are currently publicly
assigned by Department of Defensg Directive No. 5105.21)
(A) Produce or provide military intelli-
gence for the Secretary of Defense, the Joint Chiefs
of Staff, other Defense components, and, as appropriate,
non-Defense agencies.
(B) Coordinate all Department of Defense
intelligence collection requirements and manage the
Defense Attache system.
(C) Establish substantive intelligence
priority goals and objectives for the Department of
Defense and provide guidance on substantive intelligence
matters to all major Defense. intelligence activities.
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(D) Review and maintain cognizance over
all plans, policies and procedures for noncryptologic
intelligence functions of. the Department of Defense.
(E) Provide intelligence staff support
as directed by the Joint Chiefs of Staff.
(ii) The National Security Agency, whose-functions,
authorities. and responsibilities shall include:
(A) Establishment and operation of an effective
.unified organization for the signals intelligence activities
of the United States Government, except for certain opera-
tions which are normally exercised through appropriate
elements of the military command.structure, or by the CIA.
(B) Exercise control over signals intelli-
gence collection and processing activities of the Govern-
ment, delegating tO an appropriate agent specified re-
sources for such periods and tasks as required for the
direct support of military commanders.
(C) Collection, processing and dissemination
of signals intelligence in accordance with objectives,
requirements, and priorities established by the Director
of Central Intelligence.
(D) Dissemination of signals, intelligence
to all authorized elements of the Government, including
the Armed Services, as requested.
(E) Serving under the Secretary of Defense
as the central communications security authority of the
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THE PRESIDENT
(F) Conduct of research and development
to meet the needs of the United States for signals
intelligence and communications security.
(iii) Special offices for the collection of
specialized intelligence through reconnaissance programs,
whose functions, authorities, and responsibilities shall
include:
for reconnaissance..
(B) Assigning responsibility to the various
departments and agencies of the Government, according
to their capabilities, for the research, development,
procurement, operations and control of designated means
of collection.
(iv) Such other offices within the Department
of Defense as shall be deemed appropriate for conduct
of the intelligence missions and responsibilities assigned
to the Secretary of Defense.
(f) Energy' Research and Development Administration.
The Administrator of the Energy Research and Development
Administration shall:
(1) Produce intelligence required for the
execution of his responsibilities and the mission of
the Energy Research and Development Administration, herein-
after referred to as ERDA, including the area of nuclear
and atomic energy.
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(2) Disseminate such intelligence and provide
technical and analytical expertise to other Intelligence
Community organizations and be responsive to the guidance
of the Director of Central Intelligence and the Committee
on Foreign Intelligence.
(3) Participate with other Intelligence Community
agencies and departments in formulating collection require-
ments where its special technical expertise can contribute
to such collection
requirements..
(g) The Federal Bureau of Investi ation. Under
the supervision of the Attorney General and pursuant to
such regulations as the Attorney General may establish,
the Director of the FBI shall:
(1) Detect and prevent espionage, sabotage,
subversion, and other unlawful activities by or on behalf
of foreign powers through such lawful counterintelligence
operations within the United States, including electronic'
surveillance, as are necessary or useful for such purposes.
(2) Conduct within the United States and its
territories,. when requested by officials of the Intelli-
gence Community designated by the President, those lawful
activities, including electronic surveillance, authorized
by the President and specifically approved by the Attorney
General, to be undertaken in support of foreign intelli-
gence collection requirements of other intelligence agencies.
FEDERAL REGISTER, VOL. 41, NO. 34-THURSDAY, FEBRUARY 19, 1976
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. u nc rKtbIU F J
means within the United States and its territories when
requested by officials of the Intelligence Community
designated by the President to make such requests.
(4) Disseminate, as appropriate, foreign
intelligence and counterintelligence information which
it acquires to appropriate Federal agencies, State and
local law enforcement agencies and cooperating foreign
development and procurement of technical systems and
devices relating to the functions authorized above.
Sec. 5. Restrictions on Intelligence Activities.
Information about the capabilities, intentions and
activities of other governments is essential to informed
decision-making?in the. field of national defense and
foreign-relations. The measures employed to acquire
such information should be responsive to the legitimate
needs of our Government and must be conducted in a manner
which preserves and respects our established concepts
of privacy and our civil liberties.
Recent events have clearly indicated the desirability
of government-wide direction which will ensure a proper
balancing of these interests. This section of this Order
does not authorize any activity not previously authorized
FEDERAL REGISTER, VOL. 41, NO. 34-T4URSDAY, FEBRUARY 19, 1976
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and does not provide exemption from any restrictions
otherwise applicable. Unless otherwise specified, the
provisions of this section apply to activities both
law are to applicable laws'of the United States.
(a) Definitions. As used in this section of this
Order, the following terms shall have the meanings
ascribed to them below:
(1) "Collection" means any one or more of
the gathering, analysis, dissemination or storage of
non-publicly available information without the informed
express consent of the subject of the information.
(2) "Counterintelligence" means information
concerning the protection of foreign intelligence or
of national security information and its collection
from detection or disclosure.
(3)
"Electronic surveillance" means acquisition
of a non-public communication by electronic means,
without the consent of a person who is a party to, or,
in the case of a non-electronic communication, visibly
present at, the communication.
,(4) "Employee" means a person employed
by, assigned or detailed to, or acting for a United
States foreign intelligence agency.
FEDERAL REGISTER,. VOL 41, NO. 34-THURSDAY, FEBRUARY 19, 1976
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THE PRESIDENT
25
(5) "Foreign intelligence" means information
concerning the capabilities, intentions and activities
of any foreign power, or of any non-United States
person, whether within or outside the United States, or
concerning areas outside the United. States.
(6) "Foreign intelligence agency" means the
Central Intelligence Agency, National Security Agency,
and Defense.Intelligence Agency; and further includes
any other department or agency of the United States
Government or component thereof while it is engaged
in the collection of foreign intelligence or counter-
intelligence, but shall not include any such department,
agency or component thereof to the extent that it is
engaged in its authorized civil or criminal law enforce-
ment functions; nor shall it include in any case the
Federal Bureau of Investigation.
(7) "National security information" has the
meaning ascribed to it in Executive Order'No. 11652,
as amended.
(8) "Physical surveillance" means continuing
visual observation by any means; or acquisition of a
non-public communication by a person not a party thereto
or visibly present thereat through any means which does
not involve electronic surveillance.
FEDERAL REGISTER, VOL. 41, NO. 34-THURSDAY, FEBRUARY 19, 1976
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(9) "United States person" means United
States citizens, aliens admitted to the United States
for permanent residence and corporations or other organ-
izations incorporated or organized in the United States.
(b) Restrictions on Collection. Foreign intelli-'
gence agencies shall not engage in any of the follow-
ing activities:
(1) Physical surveillance directed against a
United States person, unless it is a lawful surveillance
,conducted pursuant to procedures approved by the head
of the foreign intelligence agency and directed against
any of the following:
(i) A present or former employee of such agency,
its present or former contractors or their present or
former employees, for the purpose of protecting foreign
intelligence or counterintelligence sources or methods
or national security information from unauthorized
(ii) a United States person, who is in contact
with either such a present or former contractor or
employee or with a non-United States person who is the
subject of a foreign intelligence or counterintelligence
inquiry, but only to the extent necessary to identify
such United States person; or
(iii) a United States person outside the United
States who is reasonably believed to be acting on behalf
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G
I gave you some bad info on Adm T's question on the Ford/Carter E0.
He is interested in specific controls over relationships with Americans.
There is a whole section that xgyi says you won't eavesdrop electronically,
join organizations to infiltrate, and assassinations. He wants to be
able to say that those specifics which said you couldn't spy on
Americans were the same under Ford as under Carter. Were the things
we were prohibited from doing the same
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/6.e-4~ 4-~ ej -
STAT
_ _ %_ //9'05 .
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VMW
aftak
gak 1-1--
THURSDAY, JANUARY 26, 1978
PART II
THE PRESIDENT
UNITED STATES
INTELLIGENCE ACTIVITIES
Executive Order 12036
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[3195-01]
presidential documents
Title 3-The President
Executive Order 12036
United States Intelligence Activities
January 24, 1978
By virtue of the authority vested in me by the Constitution and statutes of
the United States of America including the National Security Act of 1947, as
amended, and as President of the United States of America, in order, to provide
for the organization and control of United States foreign intelligence activities, it
is hereby ordered as follows:
SECTION I DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT TO THE NATIONAL
INTELLIGENCE EFFORT
1-1 National Security Council ................................................................................. [3675]
1-2 NSC Policy Review Committee ...........................................................:........... [36751
1-3 NSC Special Coordination Committee .................................
1-4 National Foreign Intelligence Board ............... """""""""......... [36751
1-5 National Intelligence Tasking Center"----
enter ............................................................... 1
1-6 The Director of Central Intelligence [36771
1-7 ..........................................................:.... [36771
Senior Officials of the Intelligence Communit
1-8 The Central Intelligence A enc ................................................. [36801
1-9 The Department of State . g....... ...................................................................... [36811
1-10 The Department of the Treasur
1-11 y .................................................................... [3681]
The Department of Defense ..........................................
1-12 Intelligence Components Utilized by the Secretary of Defense ...................... [3682]
1-13 The Department of Energy
1-14 The Federal Bureau of Istigation ............................................................... [36841
1-15 The Drug Enforcement Adminicir,ti,,.
Z-1 Adherence to Law ................................................................:........................... [36841
2-2 Restrictions on Certain Collection Techniques ......................................... [3685]
2-201 General Provisions ............................ ""'
2-202 /Electronic Surveillance ...................................................................................... [
2-203 Television Cameras and Other Monitorin 3685]
wit C" -r~ 2-204 /Physical Searches .................................. ....g...................................................... [3685]
BTU 206 2-205 /Mail Surveillance ........... ............................................................ [3685].
22--
t `'Physical Surveillance .................
2-207 ........................................................................ [3685]
/Undisc!osed Participation in Domestic Organizations ..................................... [36861
2-208 /Collection of Nonpublicly Available Information
~O, -t Dt 2-3 Additional Restrictions and Limitations .............. .......... .................................. [3686]
2-301 `Tax Information ....... ........................................... [36871
........................................................................................
2-302 /Restrictions on Experimentation [3687] 2-303 ...................................................................... [3687]
Restrictions on Contracting
2-304 .............................................................................
2-305 /Restrictions on Personnel Assigned to Other Agencies .................................. [3687]
[3687]
Prohibition'on Assassination .....................
2-306 Restrictions on Special Activities ........
2-307 Restrictions on Indirect ............................................................ [3687]
Participation in Prohibited Activities ........................ [36881
2-308 /Restrictions on Assistance to Law Enforcement Authorities .......................... [36881
2-309 /Permissible Assistance to Law Enforcement Authorities ................................ [3688]
2-310 /Permissible Dissemination and Storaec. of i.
3-1 Intelligence Oversight Board ........
3-2 In ..................................:................................. [3688]
3-3 Inspectors
General . General .and.. General Counsel ........................................................ [3689]
.........
3-4 ................................................................... [3689]
Congressional Inte.lligence Committees ...................
SECTION 4 [3689]
GENERAL PROVISIONS
4-1 Implementation
4-2 ]
Definitions [3690 ................
.............. [3690]
FEDERAL REGISTER, VOL. 43, NO. 18-THURSDAY, JANUARY 26, 1978
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(THE, PRESIDENT
SECTION 1
DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT TO THE NATIONAL
INTELLIGENCE EFFORT *
1-1. National Security Council.
1-101: Purpose. The National Security Council (NSC) was established by
the National Security Act of 1947 to advise the President with reipect to the
integration of domestic, foreign, and military policies relating to the national
security..The NSC shall act as the highest Executive Branch entity that provides
review of, guidance for, and direction to the conduct of all national foreign
intelligence and counterintelligence activities.
1-102. Committees. The NSC Policy Review Committee and Special Coor-
dination Committee; in accordance with procedures established by the Assistant
to the President for National Security Affairs, shall assist in carrying out the
NSC's responsibilities in the foreign intelligence field.
1-2. NSC Policy Review Committee.
1-201. Membership. The NSC Policy Review Committee (PRC), when car-
rying out responsibilities assigned in this Order, shall be chaired by the Director
of Central Intelligence and composed of the Vice President, the Secretary of
State, the. Secretary of the Treasury, the Secretary of Defense, the Assistant to
the President for National Security Affairs, and the Chairman of the Joint Chiefs
of Staff, or their designees, and other senior officials, as appropriate.
1-202. Duties. The PRC shall:
(a) Establish requirements and priorities for national foreign intelligence;
(b) Review the National Foreign Intelligence Program and budget pro-
posals and report to the President as to whether the resource allocations for
intelligence capabilities are -responsive to the intelligence requirements of the
members of the NSC.
(c) Conduct periodic reviews of national foreign intelligence products,
evaluate the quality of the intelligence product, develop policy guidance to
ensure.quality intelligence and to meet changing intelligence requirements; and
(d) Submit an annual report on its activities to the NSC.
1-203. Appeals. Recommendations of the PRC on intelligence matters may
be appealed to the President or the NSC by any member of PRC.
1-3. NSC Special Coordination Committee.
1-301. Membership. The NSC Special Coordination Committee (SCC) is
chaired by the Assistant to the President for National Security Affairs and its
membership includes the statutory members of the NSC and other senior
officials, as appropriate.
1-302. Special Activities. The SCC shall consider and submit to the Presi-
dent a policy recommendation, including all dissents, on each special activity.
When meeting for this purpose, the members of the SCC shall include the
Secretary of State, the Secretary of Defense, the Attorney General, the Director
of the Office of Management and Budget, the Assistant to the President for
National Security Affairs, the Chairman of the Joint Chiefs of Staff, and the
Director of Central Intelligence.
1-303. Sensitive Foreign Intelligence Collection Operations. Under standards
established by the President, proposals for sensitive foreign intelligence collec-
tion operations shall be reported to the Chairman by the Director of Central
Intelligence for appropriate review and approval. When meeting for the purpose
of reviewing proposals for sensitive foreign intelligence collection operations,
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3676 THE PRESIDENT
the members of the SCC shall include the Secretary of State, the Secretary of
Defense, the Attorney General, the Assistant to the President for National
Security Affairs, the Director of Central Intelligence, and such other members
designated by the Chairman.to.ensure proper consideration of these operations.
1-304. Counterintelligence. The SCC shall develop policy with respect to the
conduct of counterintelligence activities. When meeting for this purpose the
members of the SCC shall include the Secretary of State, the Secretary of
Defense, the Attorney General,, the Director of the Office of Management and
Budget, the Assistant to,the President for National Security Affairs, the Chair-
man of the Joint Chiefs of Staff, the Director of Central Intelligence, and the
Director of the FBI. The SCC's counterintelligence functions shall include:
(a) Developing standards and doctrine for the counterintelligence activities
of the United States;
(b) Resolving interagency ..differences concerning implementation of coun-
terintelligence policy;
(c) Developing and monitoring guidelines consistent with this Order for the
maintenance of central records of counterintelligence information;
(d) Submitting to the President an overall annual assessment of the relative
threat to United States interests from intelligence and security services of
foreign powers. and from international terrorist activities, including an assess=
ment of the effectiveness of the United States counterintelligence activities; and
. (e) Approving counterintelligence activities which, under such standards as
may be established by the President, require SCC approval.
1-305. Required Membership. The SCC shall discharge the responsibilities
assigned by sections 1-302 through 1-304 only after consideration in a meeting
at which all designated members are present or, in unusual circumstances when
any such member is unavailable, when a designated representative of the
member attends.
1-306. Additional Duties. The SCC shall also:
(a) Conduct an annual review of ongoing special activities and sensitive
national foreign intelligence collection operations and report thereon to the
NSC; and
(b) Carry out such other coordination and review activities as the President
may direct.
1-307. Appeals. Any member of the SCC may appeal any decision to the
President or the NSC.
1-4. National Foreign Intelligence Board.,
1-401. Establishment and Duties. There .is established a National Foreign
Intelligence Board (NFIB) to advise the Director of Central Intelligence con-
cerning:
(a) Production, review, and coordination of national foreign intelligence;
(b) The National Foreign Intelligence Program budget;
(c) Interagency exchanges of foreign intelligence information;
(d) Arrangements with foreign governments on intelligence matters;
(e) The protection of intelligence sources and methods;
(f) Activities of common concern; and
(g) Other matters referred to it by the Director of Central Intelligence.
1-402. Membership. The NFIB shall be chaired by the Director of Central
Intelligence and shall include other appropriate officers of the CIA, the Office of
the Director of Central Intelligence, the Department of State, the Department of
Defense, the Department of Justice, the Department of the Treasury, the
Department of Energy, the Defense Intelligence Agency, the offices within the
Department of Defense for reconnaissance programs, the National Security
Agency and the FBI. A representative of the Assistant to the President for
National Security Affairs may attend meetings of the NFIB as an observer.
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1-403. Restricted Membership and Observers. When the NFIB meets for the
purpose of section 1-401(a), it shall be composed solely of the senior intelli-
gence officers of the designated agencies. The senior intelligence officers of the
Army, Navy and Air Force may attend all meetings of the NFIB as observers.
1-5. National Intelligence Tasking Center.
1-501. Establishment. There is established. a National Intelligence Tasking
Center (NITC) under the direction, control and management of the Director of
Central Intelligence for coordinating and tasking national foreign intelligence
collection activities. The NITC shall be staffed jointly by civilian and military
personnel including designated representatives of the chiefs of each of the
Department of Defense intelligence organizations engaged in national foreign
intelligence activities. Other agencies within the Intelligence Community may
also designate representatives.
1-502. Responsibilities. The NITC shall be the central mechanism by which
the Director of Central Intelligence:
(a) Translates national foreign intelligence requirements and priorities
developed by the PRC into specific collection objectives and targets for the
Intelligence Community;
(b) Assigns targets and objectives to national foreign intelligence collection
organizations and systems;
(c) Ensures the timely dissemination and exploitation of data for national
foreign intelligence purposes gathered by national foreign intelligence collec-
tion means, and ensures the resulting intelligence flow is routed immediately to
relevant components and commands;
(d) Provides advisory tasking concerning collection of national foreign
intelligence to departments and agencies having information collection capabil-
ities or intelligence assets that are not a part of the National Foreign Intelligence
Program. Particular emphasis shall be placed on increasing the contribution of
departments or agencies to the collection of information through overt means.
4-503. Resolution' of Conflicts. The NITC shall have the authority to resolve
conflicts of priority. Any PRC member may appeal such a resolution to the PRC;
pending the PRC's decision, the tasking remains in effect.
1-504. Transfer of Authority. All responsibilities and authorities of the Direc-
tor of Central Intelligence concerning the NITC shall be transferred to the
Secretary of Defense upon the express direction of the President.. To maintain
readiness for such transfer, the Secretary of Defense shall, with advance
agreement of the Director of Central Intelligence, assume temporarily during
regular practice exercises all responsibilities and authorities of the Director of
Central Intelligence concerning the NITC.
1-6. The Director of Central Intelligence.
1-601. Duties. The Director of Central Intelligence shall be responsible
directly to the NSC and, in addition to the duties specified elsewhere in this
Order, shall:
(a) Act as the primary adviser to the President and the NSC on national
foreign intelligence and provide the President and other officials in the Ex-
ecutive Branch with national foreign intelligence;
(b) Be the head of the CIA and of such staff elements as may be required for
discharge of the Director's Intelligence Community responsibilities;
(c) Act, in appropriate consultation with the departments and agencies, as
the Intelligence Community's principal spokesperson to the Congress, the news
media and the public, and facilitate the use of national foreign intelligence
products by the Congress in a secure manner;
(d) Develop, consistent with the requirements and priorities established by
the PRC, such objectives and guidance for the Intelligence Community as will
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enhance capabilities for responding to expected future needs for national
foreign intelligence;
(e) Promote the development and maintenance of services of common
concern by designated foreign intelligence organizations on behalf of the
Intelligence Community;
(f) Ensure implementation of special activities;
(g) Formulate policies concerning intelligence arrangements with foreign
governments, and coordinate intelligence relationships between agencies of the
Intelligence Community and the intelligence or internal security services of
foreign governments;
(h) Conduct a program to protect against overclassification of foreign
.intelligence information;
(i) Ensure the establishment by the Intelligence Community of common
security and access standards for managing and handling foreign intelligence
systems, information and products;
(j) Participate in the development of procedures required to be approved by
the Attorney General governing the conduct of intelligence activities;
(k) Establish uniform criteria for the determination of relative priorities for
the transmission of critical national foreign intelligence, and advise the Secretary
of Defense concerning the communications requirements of the Intelligence
Community for the transmission of such intelligence;
(1) Provide appropriate intelligence to departments and agencies not within
the Intelligence Community; and
(m) Establish appropriate committees or other advisory groups to assist in
the execution of the foregoing responsibilities.
1-602. National Foreign Intelligence Program Budget. The Director of Central
Intelligence shall, to the extent consistent with applicable law, have full and
exclusive authority for approval of the National Foreign Intelligence Program
budget submitted to the President. Pursuant to this authority:
(a) The Director of Central Intelligence shall provide guidance for program
and budget development to program managers and heads of component
activities and to department and agency heads;
(b) The heads of departments and agencies involved in the National Foreign
Intelligence Program shall ensure timely development and submission to the
Director of Central Intelligence of proposed national programs and budgets in
the format designatedby'the Director of Central Intelligence, by the program
managers and heads of component activities, and shall also ensure that the
Director of Central Intelligence is provided, in a timely and responsive manner,
all information necessary to perform the Director's program and budget respon-
sibilities;
(c) The Director of Central Intelligence shall review and evaluate the
national program and budget submissions and, with the advice of the NFIB and
the departments and agencies concerned, develop the consolidated National
Foreign Intelligence Program budget and present it to the President through the
Office of Management and Budget;
(d) The Director of Central Intelligence shall present and justify the
National Foreign Intelligence Program budget to the Congress;
(e) The heads of the departments and agencies shall, in consultation with
the Director of Central Intelligence, establish rates of obligation for appro-
priated funds;
(f) The Director of Central Intelligence shall have full and exclusive
authority for reprogramming National Foreign Intelligence Program funds, in
accord with guidelines established by the Office of Management and Budget, but
shall do so only after consultation with the head of the department affected and
appropriate consultation with the Congress;
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(g) The departments and agencies may appeal to the President decisions by
the Director of Central Intelligence on budget or reprogramming matters of the
National Foreign Intelligence Program.
(h) The Director of Central Intelligence shall monitor National Foreign
Intelligence Program implementation and may conduct program and perfor-
mance audits and evaluations.
1-603. Responsibility For National Foreign Intelligence. The Director of Central
Intelligence.. shall have full, responsibility for production and dissemination of
national foreign intelligence and have authority to levy analytic . tasks :on
departmental intelligence production organizations, in consultation with those
organizations. In doing so, the Director of Central Intelligence shall ensure that
diverse points of view are considered fully and that differences of judgment
within the Intelligence Community are brought to the attention of national
policymakers.
1-604. Protection of Sources, Methods and Procedures. The Director of Central
Intelligence shall ensure that programs are developed which protect intelligence
sources, methods and analytical procedures, provided that this responsibility
shall be limited within the United States to:
(a) Using lawful means to protect against disclosure by present or former
employees of the CIA or the Office of the Director of Central Intelligence, or by
persons or organizations presently or formerly under contract with such entities;
and
(b) Providing policy, guidance and technical assistance to departments and
agencies regarding protection of intelligence information, including information
that may reveal intelligence sources and methods.
1-605. Responsibility of Executive Branch Agencies. The heads of all Executive
Branch departments and agencies shall, in accordance with law and relevant
Attorney General procedures, give the Director of Central Intelligence access to
all information relevant. to the national intelligence needs of the United States
and shall give due consideration to requests from the Director of Central
Intelligence for appropriate support for CIA activities.
1-606. Access to CIA Intelligence. The Director of Central Intelligence, shall,
in accordance with. law and relevant Attorney General procedures, give the
heads of the departments and agencies access to all intelligence, developed by
the CIA or the staff elements of the Office of the Director of Central Intelli-
gence, relevant to the national intelligence needs of the departments and
agencies.
1-7. Senior Officials of the Intelligence Community. The senior officials of each of
the agencies within the Intelligence Community shall:
1-701. Ensure that all activities of their agencies are carried out in
accordance with applicable law;
1-702. Make use of the capabilities of other agencies within the Intelli-
gence Community in order to achieve efficiency and mutual assistance; .
1-703. Contribute in their areas of responsibility to the national foreign
intelligence products;
1-704. ' Establish internal policies and guidelines governing employee
conduct and ensure. that such are made known to each employee;
1-705. Provide for strong, independent, internal means to identify, in-
spect; and report. on unlawful or improper activity;
1-706. Report to the Attorney General evidence of possible violations of
federal criminal law by an employee of their department or agency,.and report
to the Attorney General evidence of possible violations by any other person of
those federal criminal laws specified in guidelines. adopted by the Attorney
General; -
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1-707. In any case involving serious or continuing breaches of Security,
recommend to the Attorney General that the case be referred to the FBI for
further investigation;
1-708. Furnish the Director of Central Intelligence, the PRC and the SCC,
in accordance with applicable law and Attorney General procedures, the infor-
mation required for the performance of their respective duties;
1-709. Report to the Intelligence Oversight Board, and keep the Director
of Central Intelligence appropriately informed, concerning any intelligence
activities of their organizations which raise questions of legality or propriety;
1-710. Protect intelligence and intelligence sources and methods consistent
with guidance from the Director of Central Intelligence and the NSC;
1-711. Disseminate intelligence to cooperating foreign governments under
arrangements established or agreed to by the Director of Central Intelligence;
1-712. Execute programs to protect against overclassification of foreign
intelligence;
. 1-713. Instruct their employees to cooperate fully with the Intelligence
Oversight Board; and
1-714. Ensure that the Inspectors General and General. Counsel of their
agencies have access to any information necessary to perform their duties
assigned by this Order.
1-8. The Central Intelligence Agency. All duties and responsibilities of the CIA shall
be related to the intelligence functions set out below. As authorized by the
National Security Act of 1947, as amended, the CIA Act of 1949, as amended,
and other laws, regulations and directives, the CIA, under the direction of the
NSC, shall:
1-801. Collect foreign intelligence, including information not otherwise
obtainable, and develop, conduct, or provide support for technical and other
programs which collect national foreign intelligence. The collection of informa-
tion within the United States shall be coordinated with the FBI as required by
procedures agreed upon by the Director of Central Intelligence and the
Attorney General;
1-802. Produce and disseminate foreign intelligence relating to the national
security, including foreign political, economic, scientific, technical, military,
geographic and sociological intelligence to meet the needs of the President, the
NSC, and other elements of the United States Government;
1-803. Collect, produce and disseminate intelligence on foreign aspects of
narcotics production and trafficking;
1-804. Conduct counterintelligence activities outside the United States and
coordinate counterintelligence activities conducted outside the United States by
other agencies within the Intelligence Community;
1-805. Without assuming or performing any internal security functions,
conduct counterintelligence activities within the United States, but only in
coordination with the FBI and subject to the approval of the Attorney General;
1-806. Produce and disseminate counterintelligence studies and reports;
1-807. Coordinate the collection outside the United States of intelligence
information. not otherwise obtainable;
1-808. Conduct special activities approved by the President and carry out
such activities consistent with applicable law;
1-809. Conduct services- of common concern for the Intelligence Com-
munity as directed by the NSC;
1-81.0. Carryout or contract for research, development and procurement
of technical systems and devices relating to authorized functions;
.1-811. Protect the security of its installations, activities, information and
personnel by appropriate means, including such investigations of applicants,
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4DII PRESOF !E1l4
employees, contractors, and other persons with similar associations with the CIA
as are necessary;
1-812. Conduct such administrative and technical support activities within
and outside the United States as are necessary to perform the functions
described in sections 1-801 through 1-8.11 above, including procurement and
essential cover and proprietary arrangements.
1-813. Provide legal and legislative services and other administrative
support to the Office of the Director of Central Intelligence.
1-9. The Department of State. The Secretary of State shall:
1-901. Overtly collect foreign political, sociological, economic, scientific,
technical, political-military and associated biographic information;
1-902. Produce and disseminate foreign intelligence relating to United
States foreign policy as required for the execution of the Secretary's responsibil-
ities;
1-903. Disseminate, as appropriate, reports received from United States
diplomatic and consular posts abroad;
1-904., Coordinate with the Director of Central Intelligence to ensure that
national foreign intelligence activities are useful to and consistent with United
States foreign policy;
1-905. Transmit reporting requirements of the Intelligence Community
to the Chiefs of United States Missions abroad; and
1-906. Support Chiefs of Mission in discharging their statutory responsi-
bilities for direction and coordination of mission activities.
1-10. The Department of the Treasury. The Secretary of the Treasury shall:
1-1001. Overtly collect foreign financial and monetary information;
1-1002. Participate with the Department of State in the overt collection of
general foreign economic information;
1-1003. Produce and disseminate foreign intelligence relating to United
States economic policy as required for the execution of the Secretary's responsi-
bilities; and
1-1004. Conduct, through the United States Secret Service, activities to
determine the existence and capability of 'surveillance equipment being used
against the President of the United States, the Executive Office of the President,
and, as authorized by the Secretary of the Treasury or the President, other
Secret Service protectees and United States officials. No information shall be
acquired intentionally through such activities except to protect against such
surveillance, and those activities shall be conducted pursuant to procedures
agreed upon by the Secretary of the Treasury and the Attorney General.
1-11. The Department of Defense. The Secretary of Defense shall:
1-1101. Collect national foreign intelligence and be responsive to collec-
tion tasking by the NITC;
1-1102. Collect, produce and disseminate foreign military and military-
related intelligence information, including scientific, technical, political, geo-
graphic and.economic information as required for execution of the Secretary's
responsibilities;
1-1103. Conduct programs and missions necessary to fulfill national and
tactical foreign intelligence requirements;
1-1104. Conduct counterintelligence activities in support of Department of
Defense components outside the United States in coordination with the CIA,
and within the United States in coordination with the FBI pursuant to proce-
dures agreed upon by the Secretary of Defense and the Attorney General, and
produce and disseminate counterintelligence studies and reports;
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1-1105. Direct, operate, control and provide fiscal management for the
National Security Agency and for defense and military intelligence and national
reconnaissance entities;
1-i 106. Conduct,-a's the executive agent of the United States Government,
signals intelligence and communications security activities, except as otherwise
directed by the NSC;
1-1107. Provide for the timely transmission of, critical intelligence, as
defined by the Director of Central Intelligence, within the United States
Government;
1-1108. Review budget data and information on Department of Defense
programs within the National Foreign Intelligence Program and review budgets
submitted by program managers to the Director of Central Intelligence to
ensure the appropriate relationship of the National Foreign Intelligence Pro-
gram elements to the other elements of the Defense program;
1-1109. Monitor, evaluate and conduct performance audits of Department
of Defense intelligence programs;
1-1110. Carry out or contract for research, development and procurement
of technical systems and devices relating to authorized intelligence functions;
1-1111. Together with the Director of Central Intelligence, ensure that
there is no unnecessary overlap between national foreign intelligence programs
and Department of Defense intelligence programs and provide the Director of
Central Intelligence all information necessary for this purpose;
1-1112. Protect the security of Department of Defense installations, activi-
ties, information and personnel by appropriate means including such investiga-
tions of applicants, employees, contractors and other persons with similar
associations with the Department of Defense as are necessary; and
1-1113. Conduct such administrative and technical support activities with-
in and outside the United States as are necessary to perform the functions
described in sections 1-1101 through 1-1112 above.
1-12. Intelligence Components Utilized by the Secretary of Defense. In carrying out the
responsibilities assigned in sections 1-1101 through 1-1113, the Secretary of
Defense is authorized to utilize the following:
1-1201. Defense Intelligence Agency, whose responsibilities shall include:
(a) Production or, through tasking and coordination, provision of military
and military-related intelligence for the Secretary of Defense, the Joint Chiefs
of Staff, other Defense components, and, as appropriate, non-Defense agencies;
(b) Provision of military intelligence for national foreign intelligence prod-
ucts;
(c) Coordination of all Department of Defense intelligence collection
requirements for departmental needs;
(d) Management of the Defense Attache system; and
(e) Provision of foreign intelligence and counterintelligence staff support as
directed by the Joint Chiefs of Staff.
1-1202. National Security Agency (NSA), whose responsibilities shall include:
(a). Establishment and operation of an effective unified organization for
signals intelligence activities, except for the delegation of operational control
over certain operations that are conducted- through other elements of the
Intelligence Community. No other department or agency may engage in signals
intelligence activities except pursuant to a delegation by the Secretary of
Defense;
(b) Control of signals intelligence collection and processing activities,
including assignment of resources to an appropriate agent for such periods and
tasks as required for the direct support of military commanders;
(c) Collection of signals intelligence information for national foreign intelli-
gence purposes in accordance with tasking by the NITC;
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(d) Processing of signals intelligence data for national foreign intelligence
purposes consistent with standards for timeliness established by the Director of
Central Intelligence;
(e) Dissemination of signals intelligence information for national foreign
intelligence purposes to authorized elements of the Government, including the
military services, in accordance with guidance from the NITC;
(f) Collection, processing, and dissemination of signals intelligence infor-
mation for counterintelligence purposes;
(g)_ Provision of signals intelligence support for the conduct of military
operations in accordance with tasking, priorities and standards of timeliness
assigned by the Secretary of Defense. If provision of such support requires use
of national collection systems, these systems, will be tasked within existing
guidance from the Director of Central Intelligence;'
(h) Executing the responsibilities of the Secretary of Defense as executive
agent for the communications security of the United States Government;
(i) Conduct of research and development to meet needs of the United States
for signals intelligence and communications security;
(j) Protection of the security of its installations, activities, information and
personnel by appropriate means including such investigations of applicants,
employees, contractors and other persons with similar associations with the NSA
as are necessary; and
(k) Prescribing, within its field of authorized operations, security regulations
covering operating practices, including the transmission, handling and distribu-
tion of signals intelligence and communications security material within and
among the elements under control of the Director of the NSA, and exercising
the necessary supervisory control to ensure compliance with the regulations.
1-1203. Offices for the collection of specialized intelligence through reconnaissance
programs; whose responsibilities shall include:
(a) Carrying out consolidated reconnaissance programs for specialized
intelligence;
(b) Responding to tasking through the NITC; and
(c) Delegating authority to the various departments and agencies for
research, development, procurement, and operation of designated means of
collection.
1-1204. The foreign intelligence and counterintelligence elements of the military
services, whose responsibilities shall include:
(a) Collection, production and dissemination of military and military-related
foreign intelligence, including information on indications and warnings, foreign
capabilities, plans and .weapons systems, scientific and technical developments
and narcotics production and trafficking. When collection is conducted in
response to national foreign intelligence requirements, it will be tasked by the
NITC. Collection of national foreign intelligence, not otherwise obtainable,
outside the United States shall be coordinated with the CIA, and such collection
within the United States shall be coordinated with the FBI;
(b) Conduct of counterintelligence activities outside the United States in
coordination with the CIA, and within the United States in coordination with the
FBI, and production and dissemination of counterintelligence studies or
reports; and
(c) Monitoring of the development, procurement and management of
tactical intelligence systems and equipment and conducting related research,
development, and test and evaluation activities.
1-1205. Other offices within the Department of Defense appropriate for conduct
of the intelligence missions and responsibilities assigned to the Secretary of
Defense. If such other offices are used for intelligence purposes, the provisions
of Sections 2-101 through 2-309 of this Order shall apply to those offices when
used for those purposes.
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1-13. The Department of Energy. The Secretary of Energy shall:
1-1301. Participate with the Department of State in overtly collecting
political, economic and technical information with respect to foreign energy
matters;
1-1302. Produce and disseminate foreign intelligence necessary for the
Secretary's responsibilities;
1-1303. Participate in formulating intelligence collection and analysis
requirements where the special expert capability of the Department can
contribute; and
11304. Provide expert technical, analytical and research capability to other
agencies within the Intelligence Community.
1-14. The Federal Bureau of Investigation. Under the supervision of the Attorney
General and pursuant to such regulations as the Attorney General may establish,
the Director of the FBI shall:
1-1401. Within the United States conduct counterintelligence and coor-
dinate counterintelligence activities of other agencies within the Intelligence
Community. When a counterintelligence activity of the FBI involves military or
civilian personnel of the Department of Defense, the FBI shall coordinate with
the Department of Defense;
1-1402. Conduct counterintelligence activities outside the United States in
coordination with the CIA, subject to the approval of the Director of Central
Intelligence;
1-1403. Conduct within the United States, when requested by officials of
the Intelligence Community designated by the President, lawful activities under-
taken to collect foreign intelligence or support foreign intelligence collection
requirements of other agencies within the Intelligence Community;
1-1404. Produce and disseminate foreign intelligence, counterintelligence
and counterintelligence studies and reports; and
1-1405. Carry out or contract for research, development and procurement
of technical systems and devices relating to the functions authorized above.
1-15. The Drug Enforcement Administration. Under the supervision of the Attorney
General and pursuant to such regulations as the Attorney General may establish,
the Administrator of DEA shall:
1-1501. Collect, produce and disseminate intelligence on the foreign and
domestic aspects of narcotics production and trafficking in coordination with,
other agencies with responsibilities in these areas;
1-1502. Participate with the Department of State in the overt collection of
general foreign political, economic and agricultural information relating to
narcotics production and trafficking; and
1-1503. Coordinate with the Director of Central Intelligence to ensure
that the foreign narcotics intelligence activities of DEA are consistent with other
foreign intelligence programs.
SECTION 2
RESTRICTIONS ON INTELLIGENCE ACTIVITIES
2-1. Adherence to Law.
2-101. Purpose. Information about the capabilities, intentions and activities
of foreign powers, organizations, or persons and their agents is essential to
informed decision-making in the areas of national defense and foreign relations.
The measures employed to acquire such information should be responsive to
legitimate governmental needs and must be conducted in a manner that
preserves and respects established concepts of privacy and civil liberties.
2-102. Principles of Interpretation. Sections 2-201 through 2-309 set forth
limitations which, in addition to other applicable laws, are intended to achieve
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the proper balance between protection of individual rights and acquisition of
essential information. Those sections do not authorize any activity not
authorized by sections 1-101 through 1-1503 and do not provide any exemp-
tion from any other law.
2-2. Restrictions on Certain Collection Techniques.
2-201. General Provisions.
(a) The activities described in Sections 2-202 through 2-208 shall be
undertaken only as permitted by this Order and by procedures established by
the head of the agency concerned and approved by the Attorney General. Those
procedures sha 1 protect constitutional rights and privacy, ensure that informa-
tion is gathered by the least intrusive means possible, and limit use of such
information to lawful governmental purposes.
(b) Activities described in sections 2-202 through 2-205 for which a warrant
would be required if undertaken for law enforcement rather than intelligence
purposes shall not be undertaken against a United States person without a
judicial warrant, unless the President has authorized the type of activity involved
and the Attorney General has both approved the particular activity and deter-
mined that there is probable cause to believe that the United States person is an
agent of a foreign power.
~-2-202 lectronac urveillance. The CIA may not engage in any electronic
surveillance within the United States. No agency within the Intelligence Com-
munity shall engage in any electronic -surveillance directed against a United
States person abroad or designed to intercept a communication sent from, or
intended for receipt within, the United States except as permitted by the
procedures established pursuant to section 2-201. Training of personnel by
agencies in the Intelligence Commnunity 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 training, testing or countermeasures
purpose. No information derived from communications intercepted in the
course of such training, testing or use of countermeasures may be retained or
used for any other purpose.
2-203. Television Cameras and Other Monitoring. No agency within the Intelli-
gence Community shall use any electronic or mechanical device surreptitiously
and continuously to monitor any person within the United States, or any United
States person abroad, except as permitted by the procedures established
pursuant to Section 2-201.
2-204. Physical Searches. No agency within the Intelligence Community
except the FBI may conduct any unconsented physical searches within the
United States. All such searches conducted by the FBI, as well as all such
searches conducted by any agency within the Intelligence Community outside
the United States and directed against United States persons, shall be under-
taken only as permitted by procedures established pursuant to Section 2-201.
2-205. Mail Surveillance. No agency within the Intelligence Community
shall open mail or examine envelopes in United States postal channels, except in
accordance with applicable statutes and regulations. No agency within the
Intelligence Community shall open mail of a United States person abroad except
as permitted by procedures established pursuant to Section 2-201.
2-206. Physical Surveillance. The FBI may conduct physical surveillance
directed against United States persons or others only in the course of a lawful
investigation. Other agencies within the Intelligence Community may not
undertake any physical surveillance directed against a United States person
unless:
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THE PRESIDENT
(a) The surveillance is conducted outside the United States and the person
being surveilled is reasonably believed to be acting on behalf of a foreign power,
engaging in international terrorist activities, or engaging in narcotics production
or trafficking;
(b) The surveillance is conducted solely for the purpose of identifying a
person who is in contact with someone who is the subject of a foreign
intelligence or counterintelligence investigation; or
(c) That person is being surveilled for the purpose of protecting foreign
intelligence and counterintelligence sources and methods from unauthorized
disclosure or is the subject of a lawful counterintelligence, personnel, physical or
communications security investigation.
(d) No surveillance under paragraph (c) of this section may be conducted
within the United States unless the person . being surveilled is a present
employee, intelligence agency contractor or employee of such a contractor, or is
a military person employed by a non-intelligence element of a military service.
Outside the United States such surveillance may also be conducted against a
former employee, intelligence agency contractor or employee of a contractor or
a civilian person employed by a non-intelligence element of an agency within the
Intelligence Community. A person who is in contact with such a present or
former employee or contractor may also be surveilled, but only to the extent
necessary to identify that person.
2-207. Undisclosed Participation in Domestic Organizations. No employees may
join, or otherwise participate in, any organization within the United States, on
behalf of any agency within the Intelligence Community without disclosing their
intelligence affiliation to appropriate officials of the organization, except as
permitted by procedures established pursuant to Section 2-201. Such proce-
dures shall provide for disclosure of such affiliation in all cases unless the agency
head or a designee approved by the Attorney General finds that non-disclosure
is essential to achieving lawful purposes, and that finding is subject to review by
the Attorney General. Those procedures shall further limit undisclosed partici-
pation to cases where:
(a) The participation is undertaken on behalf of the FBI in the course of a
lawful investigation;
(b) The organization concerned is composed primarily of individuals who
are not United States persons and is reasonably believed to be acting on behalf
of a foreign power; or
(c) The participation is strictly limited in its nature, scope and duration to
that necessary for other lawful purposes relating to foreign intelligence and is a
type of participation approved by the Attorney General and set forth in a public
document. No such participation may be undertaken for the purpose of influenc-
ing the activity of the organization or its members.
2-208. Collection of Nonpublicly Available Information. No agency within the
Intelligence Community may collect, disseminate or store information concern-
ing the activities of United States persons that is not available publicly, unless it
does so with their consent or as permitted by procedures established. pursuant to
Section 2-201. Those procedures shall limit collection, storage or dissemination
to the following types of information:
(a) Information concerning corporations or other commercial organizations
or activities that constitutes foreign intelligence or counterintelligence;
(b) Information arising out of a lawful counterintelligence or personnel,
physical or communications security investigation;
(c) Information concerning present or former employees, present or former
intelligence agency contractors or their present or former. employees, or appli-
cants for any such employment or. contracting, which is needed to protect
foreign intelligence or counterintelligence sources or. methods from unautho-
rized disclosure;
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(d) Information needed solely to identify individuals in.contact with those
persons described in paragraph (c) of this section or with someone who is the
subject of a lawful foreign, intelligence or counterintelligence investigation;
(e) Information concerning persons who are reasonably believed to be
potential sources or contacts, but only for the purpose of determining the
suitability or-credibility of such persons;
(f) Information constituting foreign intelligence or counterintelligence
gathered abroad or from electronic surveillance conducted in compliance with
Section 2-202 or from cooperating sources in the United States;
(g) Information about a person who is reasonably believed to, be acting on
behalf of a foreign power, engaging in international terrorist. activities or
narcotics production or trafficking, or endangering the safety .of a person
protected by the United States Secret Service or the Department of State;
(h) Information acquired by overhead reconnaissance not directed at
specific United States persons;
(i) Information, concerning United States persons abroad that is obtained in
response to requests from the Department of State for support of its consular
responsibilities relating to the welfare of those persons;
(j) Information collected, received, disseminated or stored by the FBI and
necessary to fulfill its lawful investigative responsibilities; or
. (k) Information concerning persons or activities that pose a clear threat to
any facility or personnel of an agency within the Intelligence Community. Such
information may be retained only by the agency threatened and, if appropriate,
by the United States Secret Service and the FBI.
2-3. Additional Restrictions and Limitations.
2-301.: Tax Information. No agency within the. Intelligence Community shall
examine tax returns or tax information except as permitted by applicable law.
2-302. Restrictions oh Experimentation. No agency within the Intelligence
Community shall sponsor, contract for, or conduct research on human subjects
except in accordance with guidelines issued by the Department of Health,
Education and Welfare. The subject's informed consent shall be documented as
required by those guidelines.
2-303. Restrictions on Contracting. No agency within the Intelligence Com-
munity shall enter into a contract or arrangement for the provision of goods or
services with private companies or institutions in the United States unless the
agency sponsorship is known to the appropriate officials of the company or
institution. In the case of any company or institution other than an academic
institution, intelligence agency sponsorship may be concealed where ' it is
determined, pursuant to procedures approved by the Attorney General, that
such concealment is necessary to maintain essential cover or proprietary ar-
rangements for authorized intelligence purposes.
2-304. Restrictions on Personnel Assigned to Other Agencies. An employee
detailed to another agency within the federal government shall be responsible to
the host agency and shall not report to the parent agency on the affairs of the
host agency unless so directed by the host agency. The head of the host agency,
and any successor, shall be informed of the employee's relationship with the
parent agency.
2-305. Prohibition on Assassination. No person employed by or acting on
behalf of the United States Government shall engage in, or conspire to engage
in, assassination.
2-306. Restrictions on Special Activities. No component of the United States
Government except an agency within the Intelligence Community may conduct
any special activity. No such agency except the CIA (or the military services in
wartime) may conduct any special activity unless the.President determines, with
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THE PRESIDENT
the SCC's advice, that another agency is more likely to achieve a particular
objective.
2-307. Restrictions on Indirect Participation in Prohibited Activities. No agency of
the Intelligence Community shall request or otherwise encourage, directly or
indirectly, any person, organization, or government agency to undertake activi-
ties forbidden by this Order or by applicable law.
2-308. Restrictions on Assistance to Law Enforcement Authorities. Agencies with-
in the Intelligence Community other than the FBI shall not, except as expressly
authorized by law:
(a) Provide services, equipment, personnel or facilities to the Law Enforce-
ment Assistance Administration (or its successor agencies) or to state or local
police organizations of the United States; or
(b) Participate in or fund any law enforcement activity within the United
States.
2-309. Permissible Assistance to Law Enforcement Authorities. The restrictions in
Section 2-308 shall not preclude:
(a) Cooperation with appropriate law enforcement agencies for the purpose
of protecting the personnel and facilities of any agency within the Intelligence
Community;
(b) Participation in law enforcement activities, in accordance with law and
this Order, to investigate or prevent clandestine intelligence activities by foreign
powers, international narcotics production and trafficking, or international
terrorist activities; or
(c) Provision of specialized equipment, technical knowledge, or assistance of
expert personnel for use by any department or agency or, when lives are
endangered, to support local law enforcement agencies. Provision of assistance
by expert personnel shall be governed by procedures approved by the Attorney
General.
2-310. Permissible Dissemination and Storage of Information. Nothing in Sec-
tions 2-201 through 2-309 of this Order shall prohibit:
(a) Dissemination to appropriate law enforcement agencies of information
which indicates involvement in activities that may violate federal, state, local or
foreign laws;
(b) Storage of information required by law to be retained;
(c) Dissemination of information covered by Section 2-208 (a)-(j) to
agencies within the Intelligence Community or entities of cooperating foreign
governments; or
(d) Lawful storage or dissemination of information solely for administrative
purposes not related to intelligence or security.
SECTION 3
OVERSIGHT OF INTELLIGENCE ORGANIZATIONS
3-1. Intelligence Oversight Board.
3-101. Membership. The President's Intelligence Oversight Board (IOB)
shall function within the White House. The IOB shall have three members who
shall be appointed by the President and who shall be from outside the
government and be qualified on the basis of ability, knowledge, diversity of
background and experience. No member shall have any personal interest in any
contractual relationship with any agency within the Intelligence Community.
One member shall be designated by the President as chairman.
3-102. Duties. The IOB shall:
(a) Review periodically the practices and procedures of the Inspectors
General and General Counsel with responsibilities for agencies within the
Intelligence Community for discovering and reporting to the IOB intelligence
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activities that raise questions of legality or propriety, and -consider written and
oral reports referred under Section 3-201;
(b) Review periodically for adequacy the internal guidelines of each agency
within the Intelligence Community concerning the legality or propriety ofintelli-
gence activities;
(c) Report periodically; at least quarterly, to the President on its findings;
and report in a timely manner to the President any intelligence activities that
raise serious questions of legality or propriety;
(d) Forward to the Attorney General, in a timely manner, reports received
concerning intelligence activities in which a question of legality has been raised
or which the IOB believes to involve questions of legality; and
(e) 'Conduct such investigations of the intelligence activities. of agencies
within the Intelligence Community as the Board deems necessary to carry out its
functions under this Order.
3-103. Restriction on Staff. No person who serves on the staff of the IOB
shall have any contractual or employment relationship with any agency within
the Intelligence Community.
3-2. Inspectors General and General Counsel Inspectors General and General
Counsel with responsibility for agencies within the Intelligence Community
shall:
3-201. Transmit timely reports to the IOB concerning any intelligence
activities that come to their attention and that raise questions of legality or
propriety;
3-202. Promptly report to the IOB actions taken concerning the Board's
findings on intelligence activities that raise questions of legality or propriety;
3-203. Provide to the IOB information requested concerning the legality
or propriety of intelligence activities within their respective agencies;
3-204. Formulate practices and procedures for discovering and reporting
to the IOB intelligence activities that raise questions of legality or propriety; and
3-205. Report to the IOB any occasion on which the Inspectors General
or General Counsel were directed not to report any intelligence activity to the
IOB which they believed raised questions of legality or propriety.
3-3.. Attorney General. The Attorney General shall:
3-301. Receive and consider reports from agencies within the Intelligence
Community forwarded by the IOB;
3-302. Report to the President in a timely fashion any intelligence activi-
ties which raise questions of legality;
3-303. Report to the IOB and to the President in a timely fashion
decisions made or actions taken in response to reports from agencies within the
Intelligence Community forwarded to the Attorney General by the IOB;
3-304. Inform the IOB of legal opinions affecting the operations of the
Intelligence Community; and
3-305. Establish or approve procedures, as required by. this Order, for the
conduct of intelligence activities. Such procedures shall ensure compliance with
law, protect constitutional rights and privacy, and ensure that any intelligence
activity within the United States or directed against any United States person is
conducted by the least intrusive means possible. The procedures shall also
ensure.that any use, dissemination and storage of information about United
States persons acquired through intelligence activities is limited to that neces-
sary to achieve lawful governmental purposes.
3-4. Congressional Intelligence Committees. Under such procedures as the President
may establish and consistent with applicable authorities and duties, including
those conferred by the Constitution upon the Executive and Legislative
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Branches and by law to protect sources and methods, the Director of Central
Intelligence and heads of departments and. agencies of the United States
involved in intelligence activities shall:
3-401. Keep the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the Senate fully
and currently informed concerning intelligence activities, including any signifi-
cant anticipated activities which are the responsibility of, or engaged in, by such
department or agency. This requirement does not constitute a condition
precedent to the implementation of such intelligence activities;
3-402. Provide any information or document in the possession, custody, or
control of the department or agency or person paid by such department or
agency, within the jurisdiction of the Permanent Select Committee on Intelli-
gence of the House of Representatives or the Select Committee on Intelligence
of the Senate, upon the request of such committee; and
3-403. Report in a timely fashion to the Permanent Select Committee-on
Intelligence of the House of Representatives and the Select Committee on
Intelligence of the Senate information relating to intelligence activities that are
illegal or improper and corrective actions that are taken or planned.
4-1. Implementation.
4-101. Except as provided in section 4-105 of this section, this Order shall
supersede Executive Order 11905, "United States Foreign Intelligence Activi-
ties," dated February 18, 1976; Executive Order 11985, same subject, dated
May 13, 1977; and Executive Order 11994, same subject, dated June 1, 1977.
4-102. The NSC, the Secretary of Defense, the Attorney'General and the
Director of Central Intelligence shall issue such appropriate directives and
procedures as are necessary to implement this Order.
4-103. Heads of agencies within the Intelligence Community shall issue
appropriate supplementary directives and procedures consistent with this
Order.
4-104. The Attorney General shall have sole authority to issue and revise
procedures required by section 2-201. for the activities of the FBI relating to
foreign intelligence and counterintelligence.
4-105. Where intelligence activities under this Order are to be conducted
pursuant to procedures approved or agreed to by the Attorney General, those
activities may be conducted under terms and conditions of Executive Order
11905 and any procedures promulgated thereunder until such Attorney General
procedures are established. Such Attorney General procedures shall be estab-
lished as expeditiously as possible after the issuance of this Order.
4-106. In some instances, the documents that implement this Order will
be classified because of the sensitivity of the information and its relation to
national security. All instructions contained in classified documents will be
consistent with this Order. All procedures promulgated pursuant to this Order
will be made available to the Congressional intelligence committees in accor-
dance with Section 3-402.
4-107. Unless otherwise specified, the provisions of this Order shall apply
to activities both within and outside the United States, and all references to law
are to applicable laws of the United States, including the Constitution and this
Order. Nothing in this Order shall be construed to apply to or interfere with any
authorized civil or criminal law enforcement responsibility of any department or
agency.
4-2. Definitions. For the purposes of this Order, the following terms shall have
these meanings-
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4-201. Communications security means protective measures taken to deny
unauthorized persons information derived from telecommunications of the
United States Government related to national security and to ensure the
authenticity of such telecommunications.
4-202. Counterintelligence means information gathered and activities con-
ducted to protect against espionage and other clandestine intelligence activities,
sabotage, international terrorist activities or assassinations conducted for or on
behalf of foreign powers, organizations or persons, but not including personnel,
physical, document, or communications security programs.
4-203. Electronic Surveillance means acquisition of a nonpublic communica-
tion by electronic means without the consent of a person who is ,a party to an
electronic communication or, in the case of a nonelectronic communication,
without the consent of a person who is visibly present at the place of communi-
cation, but not including the use of radio direction finding equipment solely to
determine the location of a transmitter.
4-204. Employee means a person employed by, assigned to, or acting for an
agency within the Intelligence Community.
4-205. Foreign Intelligence means information relating. to the capabilities,
intentions and activities of foreign powers, organizations or persons, but not
including counterintelligence except for information on international terrorist
activities.
4-206. Intelligence means foreign intelligence and counterintelligence.
4-207. Intelligence Community and agency or agencies within the Intelligence
Community refer to the,following organizations:
(a) The Central Intelligence Agency'(CIA);
(b) The National Security Agency (NSA);
(c) The Defense Intelligence Agency;
(d) The Offices within the Department of Defense for the collection of
specialized national foreign intelligence through reconnaissance programs;
(e) The Bureau of Intelligence and Research of the Department of State;
(f) The intelligence elements of the military services, the Federal Bureau of
Investigation (FBI)., the Department of the Treasury, the Department of Energy,
and the Drug Enforcement Administration (DEA); and
(g) The staff elements of the Office of the Director of Central Intelligence.
4-208. Intelligence product means the estimates, memoranda and other
reports produced from the analysis of available information.
4-209. International terrorist activities means any activity or activities which:
(a) involves killing, causing serious bodily harm, kidnapping, or, violent
destruction of property, or an attempt or credible threat to commit such acts;
and
(b) appears intended to endanger a protectee of the Secret Service or the
Department of State or to further political, social or economic goals by
intimidating or coercing a civilian population or any segment thereof, influenc-
ing the policy of a government or international organization by intimidation or
coercion, or obtaining widespread publicity for a group or its cause; and
(c) transcends national boundaries in terms of the means by which it is
accomplished, the civilian population, government, or international organiza-
tion it appears intended to coerce or intimidate, or the locale in which its
perpetrators operate or seek asylum.
4-2 10. The National Foreign Intelligence Program includes the programs listed
below, but its composition shall be subject to review by the National Security
Council and modification by the President.
(a) The programs of the CIA;
(b) The Consolidated Cryptologic Program, the General Defense Intelli-
gence Program, and the programs ' of the offices within the Department of
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Defense for the collection of specialized national foreign intelligence through
reconnaissance except such elements as the Director of Central Intelligence and
the Secretary of Defense agree should be excluded;
(c) Other programs of agencies within the Intelligence Community desig-
nated jointly by the Director of Central Intelligence and the head of the
department or by the President as national foreign intelligence or counterintelli-
gence activities;
(d) Activities of the staff elements of the Office of the girector of Central
Intelligence.
(e) Activities to acquire the intelligence required for the planning and
conduct of tactical operations by the United States military forces are not
included in the National Foreign Intelligence Program.
.4-211. Physical surveillance means an unconsented, systematic and deliber-
ate observation of a person by any means on a continuing basis, or unconsented
acquisition of a nonpublic communication by a person not a party thereto or
visibly present thereat through any means not involving electronic surveillance.
This definition does not include overhead reconnaissance not directed at
specific United States persons.
4-212. Special activities means activities conducted abroad in support of
national foreign policy objectives which are designed to further official United
States programs and policies abroad and which are planned and executed so
that the role of the United States Government is not apparent or acknowledged
publicly, and functions in support of such activities, but not including diplomatic
activity or the collection and production of intelligence or related support
functions.
4-213. United States, when used to describe a place, includes the territories
of the United States.
4-214. United States person means a citizen of the United States, an alien
lawfully admitted for permanent residence, an unincorporated association orga-
nized in the United States or substantially composed of United States citizens or
aliens admitted for permanent residence, or a corporation incorporated in the
United States..
THE WHITE HOUSE,
January 24, 1978.
EDITORIAL NOTE: The President's statement and remarks ofJan. 24, 1978, on signing Executive
Order 12036, are printed in the Weekly Compilation of Presidential Documents (vol. 14, No. 4).
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27
of a foreign power or engaging in international terrorist
or narcotics activities or activities threatening the
national security.
(2) Electronic surveillance to intercept
a communication which is made from, or is intended by
the sender to be received in, the United States, or directed
against United States persons abroad, except lawful.-
electronic surveillance under procedures &pproved by the
Attorney General; provided, that.the Central Intelligence
Agency shall,not perform electronic surveillance within
the United States,,except for the purpose of testing
equipment under. procedures approved by the Attorney General
(3) . Unconsented physical searches within the .
(4)..Opening of_mai.l_ or, examination of envelopes
of mail in United States postal channels except in accord-
United States; or unconsented physical searches directed
against United States persons abroad, except lawful
searches,under procedures approved by the Attorney General.
ance with applicable statutes and regulations.
(5) Examination of Federal tax returns/or tax
information except in accordance with applicable statutes
and regulations.
(6) Infiltration o undisclosed participation
within the United States in any organization for the
purpose of'reporting on or influencing its activities
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THE PRESIDENT
28
or members; except such infiltration or participation
with respect to an organization composed primarily of
non-United States persons which is reasonably believed
to be acting on behalf of aforeign power.
(7) Collection of information, however
acquired, concerning the domestic activities of United
States persons except:,-.
(i) -Information concerning corporations or other
commercial organizations which constitutes foreign
intelligence or counterintelligence,
(ii) Information concerning present or former
employees, present or former contractors or their present
or former employees, or applicants for any such employ-
ment or contracting, necessary to protect foreign
intelligence or counterintelligence sources or methods
or national security information from unauthorized -
disclosure; and the identity of persons in contact with
the foregoing or with a non-United States person who..
is the subject of a foreign intelligence or counter-
intelligence inquiry..
(iii) Information concerning persons who are
reasonably believed to be.potential sources or contacts,
but only for the purpose of determining the suitability
or credibility of such persons.
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VHE Pit; ENT
(iv) Foreign intelligence or counterintelligence
gathered abroad or from electronic surveillance conducted
I
in compliance with Section 5(b)(2); or foreign intelli-
gence acquired from cooperating sources in the United
States_
(v) Information about a United States person-who
is reasonably believed -to be acting an behalf of a
foreign per or engaging in international terrorist
or narcotics activities.
(vi) Information morning persons or activities
that pose ?a clear threat to foreign intelligence agency
facilities or personnel, provided, that such Information
is retained Truly by the foreign intelligence agency
threatened and that proper coordination with the Federal
Bureau of Investigation is .accomplished..
(c) Dissemination and Storage. Nothing in this
section of this order shall prohibit:
(1) Lawful 'dissemination to the appropriate
law enforcement agencies of incidentally gathered
information indicating involvemerit in activities which
may- be in .violation ..of law.
(2) Storage of information required by law
to be retained.
(3) Dissemination to :foreign intelligence
agencies of information of the :subject clatter types
listed in Section 5(b)(7).
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Pma: rxtwutmt
(d) Restrictions on Experimentation.. Foreign
intelligence agencies shall not engage in experimenta-
tion with drugs on human subjects, except with the
informed consent, in writing and witnessed by a disinter-
ested third party, of each such human subject and in
accordance with the guidelines issued by the National
Commission for the Protection of Human Subjects for
Biomedical and Behavioral Research.
(e) Assistance to Law Enforcement Authorities.
(1) No foreign intelligence agency shall,
except as expressly authorized by law (i) provide-services,
equipment,,personnel or facilities to the Law Enforcement
Assistance Administration or to State or local police
organizations of the United States or (ii) participate
in or fund any law enforcement activity within the United,
States.
These prohibitions shall not, however,
preclude:' (i) cooperation between a foreign intelligence
agency and appropriate law enforcement agencies for the
purpose of protecting the personnel and facilities of.
the foreign intelligence agency or preventing espionage or
other criminal activity related to foreign intelligence
or counterintelligence or (ii) provision of specialized
equipment or technical knowledge for use by any other
Federal department or agency.
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THE PRESIDENT
(f) Assignment of Personnel.. An employee-of a
foreign intelligence agency detailed elsewhere within
the Federal Government shall be responsible to the
host agency and shall. not report to such employee's
parent agency.onthe affairs.of the host agency, except
as may be directed by the latter. The head of the
host agency, and any successor, shall be informed of the
detailee's association with the parent agency.
(g) Prohibition of Assassination. No employee of
the United States Government shall engage in, or con-
to engage in, political assassination,.
(h) Im ementation.
(1) This section of this Order.shall be
effective on March 1, 1976. Each department and agency
affected by this section of this Order shall promptly
issue internal directives to implement this section
with respect to its foreign intelligence and counter-
intelligence operations.
(2) The Attorney General shall, within ninety
days of the effective date of this section of this
Order, issue guidelines relating to activities of the
Federal Bureau of Investigation in the areas of foreign
intelligence and counterintelligence.
Sec. 6. Oversight of Intelligence Organizations.
(a) There is hereby established an Intelligence
Oversight Board, hereinafter referred to as the over-
sight Board.
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ins
(1) The Oversight Board shall have three
members who shall be appointed by the President and who
shall be from outside the Government and be qualified
on the basis of ability, knowledge, diversity of back-
ground and experience. The members of the Oversight
Board may also serve on the President's Foreign Intelli-
gence Advisory Board (Executive Order No. 11460 of
March 20, 1969)_ No member of the Oversight Board
shall have any personal contractual relationship with
any agency or department of the Intelligence Community.
(2) One'member of the. Oversight Board shall
be designated by the President as its Chair-Marx.
(3) The Oversight Board shall:
(i) Receive and consider reports by inspectors
General and General Counsels of the Intelligence cam-.
munity concerning activities, that raise questions of
legality or propriety.
.(ii) Review periodically the practices and pro-
cedures of the inspectors General and Genexal.Counsels
of the Intelligence Cbmmurri:ty designed to. discover and
report to the Oversight Board. activiti.es that raise
questions. of legality or. propriety_
(iii) Review periodically with each member of
the Intelligence Cbmmurrity their.- internal guidelines.
to. ensure their adequacy-..
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THE PRESIDENT
any activities that raise serious questions about propriety.
(b) Inspectors General and General Counsels within
the Intelligence Community shall:
(v) Report in a timely manner to the Attorney
General and to the President any activities that raise
serious questions about legality.
(vi) Report in a timely manner to the President
(iv) Report periodically, at least quarterly,
to the Attorney General and the President on its findings.
(1) Transmit to the Oversight Board reports
any activities that come to their attention that raise
.questions of legality or_propriety.
(2) Report periodically, at least quarterly-,
to the Oversight Board on its findings concerning
questionable activities, if any.
(3) Provide to the Oversight Board all informa
tion requested about activities within their respective
departments or agencies.
(4) Report to the Oversight Board any occasion
on which they were directed not to report any activity
to the Oversight Board by their agency or department
(5) Formulate practices and procedures
designed to discover and report to the Oversight Board
activities that raise ques.tions of legality or propriety.
(c) Heads of intelligence agencies or depart-
ments shall:
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(1) Report periodically to the Oversight
Board on any activities of their organizations that
raise questions of legality or propreity.
(2) Instruct their employees to cooperate
fully with the Oversight Board.
(3) Ensure that Inspectors General and
General Counsels of their agencies have access to any
information necessary to perform their duties assigned
by paragraph (4) of this section.
-(d)' The Attorney General shall:
(1) Receive and consider reports from the
Oversight Board.
(2) Report periodically, at least quarterly,
to the President with respect to activities of the
Intelligence Community, if any, which raise questions
of legality.
(e) The Oversight Board shall receive staff support.
No person who serves on the staff of the Oversight Board
shall have any contractual or employment relationship
with any department or agency in the Intelligence
Community.
(f) The President's Foreign Intelligence Advisory
Board established by Executive Order No. 11460 of
March 20, 1969, remains in effect.
Sec.,7_. Secrecy Protection.
(a) In order to improve the protection of sources
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THE PRESIDENT
and methods of intelligence, all members of the Executive
branch and its contractors given access to information
containing sources or methods of intelligence shall, as
a condition of obtaining access, sign an agreement that
.-head of applicable departments or agencies for appropriate
,.disciplinary action; and (2) to the Attorney General
for appropriate legal action..
(c) In the event of any threatened unauthorized
disclosure of information concerning sources or methods
of intelligence by a person who has .agreed not to make-
such disclosure, the details of the threatened disclosure
shall be transmitted to the Attorney General for appro-
priate legal action, including the seeking of a judicial
they will not disclose that information to persons not
authorized to receive it.
(b) In the event of any unauthorized disclosure
of information concerning sources or methods of intelli-
gence, the names of any persons found to have made
unauthorized disclosure shall be forwarded (1) to the
order to prevent such disclosure.
(d) In further pursuit of:the need to provide.
protection for other significant. areas of intelligence,
the Director of Central Intelligence is authorized to?
:promulgate rules and regulations to expand the scope
of agreements secured from those persons who, as an
aspect of their relationship with the United States
Government, have access to classified intelligence
material.
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Sec. 8. Enabling Data.
(a) The Committee on Foreign Intelligence and
the Director of Central Intelligence shall provide for
detailed implementation, of this order by issuing
appropriate directives.
(b) All existing National Security Council and
Director of Central Intelligence directives shall be
amended to be consistent with this Order within ninety
days of its effective date.
(c) This Order shall supersede the Presidential
Memorandum of November 5, 1971, on the "Organization
and Management of the U.S. Foreign Intelligence Community."
(d) Heads of departments and agencies within the
Intelligence Community shall issue supplementary directives
to their organizations consistent with this order within
ninety days of its effective date.
(e) This order will be implemented within current
manning authorizations of the Intelligence Community.
To this end, the Director of the Office of Management
and Budget will facilitate the required realignment of
personnel positions. The Director of the Office of
Management and Budget will also assist in the allocation
of appropriate facilities.
THE WHITE HOUSE,
February 18, 1976.
[FR Doc.76-5010 Filed 2-18-76;12:36 pm]
EDITORIAL NOTE: Fnr the President's remarks athis news conference of February 17, 1976, announcing a
reorganization of the intelligence community, see the Weekly Compilation of Presidential Documents (vol. 12,
no. 17).
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