PROPOSED REPLACEMENT FOR EXECUTIVE ORDER 11905

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84-00933R000400040001-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 90
• Document Creation Date: December 9, 2016
• Document Release Date: February 28, 2001
• Sequence Number: 1
• Publication Date: January 1, 1977
• Content Type: MF

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OSD DecIssification/Release Instructions on File'
:Lj
MEMORANDUM FOR: Deputy Director for Operations
Deputy Director for Intelligence rDD/A Pegistry
Deputy Director for Science & Technology "' 7
Acting Deputy Director for Administration
Deputy to the DCI for National Intelligence Officers
Inspector General
Comptroller
Legislative Counsel
General Counsel
John F. Blake
Acting Deputy Director of
Central Intelligence
Zv- /`l~ ~ ~. L A F/
SUBJECT : Proposed Replacement for Executive Order 1.1905
1.. Attached for your review and comment is a DOD-CIA draft of an
executive order which is a proposed replacement for Executive Order
11905. Neither the Director of Central Intelligence, nor the Secretary
of Defense has yet officially approved the specific language or direction
of this draft and comments are only now being solicited from other entities
in the Intelligence Community, the Department of Justice, and appropriate
congressional staffs. The differences between this draft and the existing
executive order may be reduced roughly to five categories-
a. Format changes have been suggested where deemed
desirable. The principal change of this nature is the incorporation
of the definitions presently included in Section 5 into the general
Definitions of Section 2 in order to avoid the existence of two defini-
tions sections in the order. Also the subsections of Section 5 have
been arranged in a more logical order.
b. The proposed order includes provisions deemed necessary
or appropriate to implement Presidential Directive/NSC-7.7 of 4 August
1977, which granted extended budgetary,. requirements and tasking
authorities to the DCI. These provisions are concentrated in Section
3 of the draft order which describes DCI authorities, the functions of
the Policy Review Committee and the Special Coordination Committee,
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 e%~eatf?Ii Ifg ?l~oNq ite9t. e P~4Aq?AMM0RPeR%4gRod' i-ie National.
Foreign Intelligence Board as important entities in support of the DCI
responsibilities. Other more minor amendments have been made in
Sections 1 and 4 to conform to and acknowledge the expanded role of
the DCI.
c. The functions of the Special Coordination Committee are
described in Section 3(c). These functions have been enlarged to
incorporate, in Section 3(c) (3), a role regarding foreign counter-
intelligence policy and coordination envisioned for that committee
by the recommendations of the PRM/NSC-11, Section 3 report.
d. Additional amendments to various sections may be traced
to recommendations that were made last spring by the PRM/NSC-11
(part I) working group and that were approved by the Special
Coordination Committee in May. These changes account for, among
other things, the inclusion of a definition of "International Terrorist
Activities," the inclusion of the Drug Enforcement Administration in
the Intelligence Community in Section 2, and, with the exception of
one recently added point, the revision of the provisions of Section 5(d) ,
formerly Section 5(e), regarding Assistance to Law Enforcement
Authorities. Other changes resulting from the PRM/NSC-11, part I,
exercise have themselves been revised in this draft. For instance,
the definition of "Foreign Counterintelligence" in Section 2 approved
by the Special Coordination Committee has been altered to omit any
reference to "activities" as well as information "relating to," etc.
A further example is the retention of Section 7, the elimination of which
had been approved previously.
e. The final category of modification includes those changes
which the drafters of this proposed order believed, for one reason or
another, would increase the clarity and conciseness of the order
or would render the provisions of the order more compatible with
the needs and desires of the Intelligence Community organizations.
Included in this category, for example, is the deletion of the broad
definition of "collection" from Section 5, and the modification of
Section 4(b) (8), formerly Section 4(c) (5), concerning the reporting
of crimes.
2. The altered provisions of this draft have been underlined in order
that they may be more easily identified. Also attached is a copy of the existing
executive order with interlineations which indicate how the current: order has
been altered.
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3. A meeting is scheduled for 3: 30 p.m. on Thursday, 18 August 1977,
at the Community Headquarters Building on F Street, to discuss the initial
reactions of the organizations of the Intelligence Community. Your responses
and comments would be appreciated at the 9: 00 a.m. staff meeting tomorrow
morning in order that the CIA position may be expressed, at least in prelim-
inary fashion. It is recognized, however, that a full analysis of the impact
of this revised order may require additional time and it is requested that your
comments be forwarded as soon as possible in any event.
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 Approved For Release 2001/09/03 CIA-RDP84-00933R000400040 &f5 GGC 77_S y j
15 August 1977
MEMORANDUM FOR JACK BLAKE, CIA.
HAROLD SAUNDERS, STATE
LTG WILLIMf Y. SMITH, OJCS
VTADM BOBBIE INMAN, NSA
LTG EUGENE TIGHE, DIA
EDWARD GILLER, ERDA
THOMAS LEAVITT, FBI
FOSTER COLLINS, TREASURY.
MG HAROLD AARON, ARMY
RADM D. P. HARVEY, NAVY
MC JAMES L. BROtN, USAF
SUBJECT; Revised Executive Order 11905
- STATINTL
Attached is a draft of the Executive Order to implement. Presidential.
Directive I?SC-13 on intelligence reorganization. The draft was put
together by a small ,working group in which
and the undersigned represented Defense and the DC1,
STATINTL A.eeting of all addressees is scheduled for 1530 hours, Thursday,
18 August 1977, at the Gonunity Headquarters Building on F Street
to discuss the proposed Executive Order,
tiag Deputy to the Director of Admiral, USN (Ret.)
STATINTL
Intelligence Co:n.nity Office of the Secretary of Defense
:1 Attachment
a/s
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 VUU Ullul t'll'
August 1.5, 1977
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Executive Order
United States Foreign Intelligence Activities
TABLE Off' CONTENTS
Section Description
PURPOSE..................................
2 DEFINITIONS....,. .........................
3 - CONTROL AND DIRECTION OF NATIONAL
INTELLIGENCE ORGANIZATIONS ...............
Page
(a)
National Security Council-------------
6
(b)
Policy Review Committee--------------
7
(c)
Special Coordination Committee--------,,
9
(d)
Director of Central Intelligence------"-
12
(e)
National Intelligence Tasking
Center----.--------------------------
17
(_f)
National Foreign- Intelligence .
Board--------------- -------- ---
RESPONSIBILITIES AND DUTIES OF THE
INTELLIGENCE COMMUNITY ................... . .21
(a) Purpose----------------------------.-- 21
(b) Senior Officials of the
Intelligence Comunity---------------- 22.
(c) Central Intelligence Agency-------?--- 23
(d) Department of State----------------- - 26
(e) Department... of -the -_Treasury- ----------.. 27
(f) Department of Defense--------------- - - 28
(g) Depairtment of Energy------------------- 32
(h) Federal Bureau of Investigation----- 33
(i). Drug_ Enforcement Administration.- --. 35
5 RESTRFCTIONS ON INTELLIGENCE ACTIVITIES-- 35
(a) Purpose------------------------------ - 3S
(b) Restrictions on Collection------- -- 36
(c) Restrictions on Experimentation?-- -- '41
(d) Restrictions on_ Assistance to Law
Enforcement Authorities------------ 41
(e) Restrictions on Personnel Assigned
to Other Agencies---------
---------- 42
(f) Prohibition of Assassination------?-- 43
c) Dissemination and Storage ------------ 43
6 OVERSIGHT OF INTELLIGENCE ORGANIZATIONS..
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ENABLING PROVISION S _ _ _ _ _ _
43.
/'47'
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ing the National Security Act of 1947, as amended, and
By virtue of 'the authority vested in me by the-
Constitution and statutes of the United States, includ-
as President of..the United States of America.-it is
-the.-effectiveness of. counterintelligence activities,-?to
intelligence needed-for national security, to improve
Section 1. Purpose. The purpose of this Order
is to establish policies to improve the quality of
hereby ordered as follows:
clarify the authority and responsibilities of.the Direc-
tor of. Central Intelligence and the intelligence
departments and agencies, and.-to establish effective
oversight to assure compliance with law in the manage-
ment and direction of.intelligenc,e.agencies and depart-_
(a) Electronic-surveillance means acquisition of
a non-public. co;:-nunication 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.
(b) Employee means a person employed by, assigned
or detailed to, or acting for an agency, office or ele-
Order,._,_the following-terms--shall have these meanings
Section 2. Definitions. For the purpose of this
ments of the federal -government.
(c) Intelligence includes:
 (1) Foreign intelligence which means informa-
tion, other than foreign counterintelligence, relating
to.the capabilities, intentions and activities of foreign
powers, organizations, persons or their agents; and
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(2) Foreign counterintelligence which means
information relating-to:
(i) the protection of the United States
and United States citizens from espionage and other
clandestine intelligence activities, sabotage, inteerna--
tional terrorist activities or assassination conducted
for or on behalf of foreign powers,-organizations'or
. persons;. and
(ii) the: protection of intelligence or
national security information.and-its means of collection
from detection or__disclosu're, but not including personal,
physical or document-. security programs.
(d) Intelligence-.Community and agency or agencies
within the Intelligence Community refers to the following
organizations:
(1) Central Intelligence Agency (hereinafter CIA);
(2) National Security Agency (hereinafter NSA) ;
(3) Defense Intelligence Agency (hereinafter D1A) ;
(4) Dffices within the Department of
Defense for the collection of specialized
national foreign intelligence through
reconnaissance programs;
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(5) National foreign intelligence and foreign
counterintelligence elements of the mili-
tary services; .
(6) Foreign counterintelligence element of
the Federal Bureau o Investigation
(hereinafter FBI);
(7) Foreign intelligence element of the
Department of State;-
(8) Foreiaj _ nte .ligence element of the
Department of the~Treasury;
(9) Foreign intelligence element of the
Department of Energy; and
(10) -Foreign intelligence element of the Drug
.Enforcement Administration (hereinafter
(e) National Foreign Intelligence Program means
the programs of:
(1) CIA;
(2) -The Consolidated Cryptologic Program;
(3) The.- -offices within the Department of
Defense for the collection of specialized
national foreign intelligence through
-reconnaissance programs;
(4) General Defense Intelligence Program; and
(5) Elements of the agencies within the Intelli-
gence Co=unity designated by both the Direc-
tor of Central Intelligence and the head of the
department or agency involved as operating
programs that are national in scope, in-
cluding national counterintelligence-
programs, but not including tactical
intelligence programs.
(f) International terrorist activities means violent,
acts or acts dangerous to human lifer or threats of such
acts, transcending national boundaries, which appear to be
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intended to further political, social, or economic goals
by assassination, kidnapping, or intimidating or coercing
the public or a government or to obtain widespread
publicity for a group or its cause, and includes acts
-directly supportive of such acts.
(g) National security information has the meaning
ascribed to it in Executive Order No. 11652, as amended-
(h) Physical surveillance means an unconsented
systematic and deliberate observation by any means on a
continuing basis, except for overhead reconnaissance n.ot
directed. at specific United States persons, or unconsented
acquisition of-a non-public oral communication by a person
not a party thereto or visibly present thereat through an r
means not involving electronic surveillance.
i)... Special activities. in support of national
foreign policy objectives. means-.activiti'es, other than
thecollection and production-of intelligence and related
support:- functions, -which are--de-signed 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 publicly ackno.,rledged.
(j) United States person means a citizen of the
United States, an alien lawfully admitted for permanent
residence, an unincorporated association a substantial
number of members of which are citizens of the United
States or aliens lawfully. admitted for permanent residence
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or a corporation incorporated in the United States, but
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not including an unincorporated association or a,corpor=-
ation directed and controlled by a foreign power or an
agent or agents of a foreign power.
Section 3. ''Control and Direction of National
Intelligence 'Organi:zations.
(a) National Security'Counc1l.
(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) The National Security Council shall:
(.i) :,Provide guidance for and. direction
to the development-and .formu7.at on .of national int_elli,-
gence activities-;
(ii) Make recommendations
with_ respect to the transfer of functions from the Director
of-Central Intelligence to the Secretary of Defense when
a change from peacetime occurs and with respect to other
matters affecting the organization of national intelli-
gents activities; and
(iii) Conduct a semi-annual review of national
intelligence policy and of ongoing special activities
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in support of national foreign policy object0ive
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.(3) The National Security Council shall
establish such subcommittees or advisory committees for
policy review or coordination as it deems appropriate
to carry out its functions. When such committees are
utilized under the titles Policy Review Committee or
Special Coordination Committee, they shall be distin-
guished clearly from. the committees described in
Section 3 of this order.
(b) Pcli'cf Re -iew 'Committee LL
(1) There is established the. Policy Review
Committee which shall be composed of the Director of
Central Intelligence, who shall b. 'chairman,
the Secretary 'of State, the Secretary of Defer-se, the
Secretary of the. Treasury, and the Assistant to the
President for National. Security Affairs, or their
designees, and. such other representatives of other
Executive - depa=trrients--and :agencies -as the chairman,
with the advice of -the committee, shall deem appropriate..
The Policy Review-Committee shall report directly to
the National Security Council.
(2) The Policy Review Committee shall:
(i) Define and set out national foreign
intelligence requirements;
(ii) Establish appropriate priorities
among the national foreign intelligence requirements
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(iii) Evaluate analytical intelligence
product performance and develop policy for assuring high
quality in intelligence products; .
(iv)' Develop effective working relation-
ships between agencies within the Intelligence Community
.and other..government agencies and departments which will
protect the mission integrity and program autonomy- of
reporting entities and optimize support and responsiveness
to national foreign intelligence requirements; and.
(v) Conduct a semi-annual review of
national intelligence product and performance which shall_
consider the needs of users of national intelligence and
the timeliness and quality of-national intelligence products.
As- part of these- reviews, the :Policy Review Committee -shall
.consult with such users--of national intelligence, not
regularly represented: on the-Committee,'as designated by
...the.-National Security Council.
(3) The Policy Review Committee shall be
supported by the staff of the National Security Council
headed by the Deputy Assistant to the President for
National Security Affairs.
(4) The Policy Review Committee shall establish
such subcommittees or advisory committees as it deems
appropriate to'carry out its functions.
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(5) Decisions of the Policy Review Committee
may be reviewed by the National Security Council on
appeal by any member of the National Security Council or
the Director of Central Intelligence..
(c) The Special Coordination Committee
(1) There is established the Special
Coordination Committee which shall be composed of the
Assistant to the President for National Security. Affairs,
.who shall be. chairman., the 'Secretary of State, the
-Secretary of Defense, the -Chairman of the Joint Chiefs
of Staff, and the Director of Central Intelligence, or
their designees- The Attorney General and the Director
of the Office of Management and Budget or their designees
and-others designated _by - the .President may attend all
meetings as observers.... The Special` Coo'rd9,nation Committee
shall report directly to th-e National Security Council.
-with- respect to national foreign intelligence:
(i) Consider and develop a policy recom-
mendation., including any dissents,- for the President prior
to his decision on each special activity in support of
national foreign policy objectives;
(ii) Develop guidelines for the Director
of Central Intelligence as to the special activities in.
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support of national foreign policy objectives that
warrant consideration by the Special Coordination
Committee;
(iii) Approve specific sensitive
national intelligence collection operations as designa--
ted'by the Special Coordination Committee;
(iv) Conduct periodic reviews of
,_programs previously considered by the Special Coordination
Committee and of ongoing sensitive national intelligence
collection operations; and
(v)
Provide to the National Security
Council a semiannual report on activities of the
,Special Coordination Cbmmittee.
(3) The- Special Coordination Committee shall.,
with respect to foreign counterintelligence:'
(i) Develop policy for the management
of the national foreign counterintelligence program,
including objectives, priorities, conduct and unified
direction;
(ii) Develop uniform standards and
doctrine for the national foreign counterintelligence
activities of the United States;.
(iii) Oversee the execution of national
foreign counterintelligence policy by
resolving .
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locus of coordination; training; liaison with foreign
services; and methods of operations;
(iv) Develop and monitor guidelines
for the maintenance of central records of national foreign
counterintelligence information;
(v) Prepare and submit to the President
an annual assessment of the threat to United States interests
from the activities of intelligence and security services
of foreign powers, and an assessment of the effectiveness of
the United States counterintelligence activities against this
threat; and
(vi)
Review any specific national foreign
counterintelligence proposal or activity which. involves parti--
cularly sensitive or- important national policy or political
(4) The-Special : Coordination Committee shall dis-
charge 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 their
designees-
(5) The Special Coordination Committee -shall be
supported by the staff of the National Security Council
headed by the Deputy Assistant to the President for National
Security Affairs.
(6) Decisions of the Special Coordination Committee
may be reviewed by the National Security Council on appeal
~ Q9844 O -5
by an pATXSgf ?ro l .q BVR /R . 2
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(d) The Director of Central Intelligence
(1) The Director of Central Intelligence, whose position
was established by the National Security Act of 1947, shall be
responsible directly to the President and the National Security
.. Council.
k
(2) The Director of Central Intelligence shall:
(i) Act.as- the President's primary adviser on national
foreign intelligence and provide the President and other..
officials in the Executive Branch with national foreign:
i ntell i gence:.
(ii) Act as Executive Head of the CIA and of such
staff elements _ a-s may be require d for discharge of his
Intelligence Community responsibilities.
(iii) Chair the Policy Review Committee and the
National Foreign Intelligence- Board.
(iv) Act as the principal spokesman to the Congress
for the intelligence Community and facilitate the use of
-national foreign intelligence products by the Congress.
(v) Have full and exclusive authority for approval
of the National Foreign Intelligence Program budget.
Related budget actions shall be executed as follows:
(A) The Director of Central Intelligence shall
provide guidance for program and budget development
to department and agency heads as well as to program
managers and heads of component activities
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involved in the National Foreign Intelligence Program,
to include submission format, review. schedules and
essential justification.
(B), The _ heads of departments and agencies involved
in national foreign intelligence activities shall ensure
41 timely development and submission of proposed national
program budgets to the Director of Central Intelligence
by the program managers and heads of component activities,
(C) The heads of departments and agencies involved
in national foreign intelligence activities shall. ensure
that the Director of Central Intelligence is provided
all the information necessary to perform the Director?s
budgetary responsibilities.in a timely and responsive
(D) .,.The Director of Central Intelligence shall review
and evaluate the national prograrrr budget submissions and,
with the advice- of the National Foreign Intelligence Board
and the-departments and agencies concerned, develop the-
consol idated. National Foreign Intelligence Program budget
and-.present it to the President through the Office of
Management and Budget.
(E) The departments and agencies may appeal decisions-
by the Director of Central Intelligence on budget matters to
the President.
(F) After its approval by the President, the Director
of Central Intelligence shall present and justify the
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(G) The Director of Central Intelligence shall
have full and exclusive authority within Congressional
guidelines for reprogramming National Foreign Intelligence
Program funds.
(H) The Director of Central Intelligence shall
(vi) Develoc, from the requirements and priorities
established by the Policy Review Commit-tee, - appropriate
goals, objectives and such other guidance for the Intelli-
gence Community as will enhance capabilities to respond
Lo expected future-needs for national foreign intelligence.
(vii) -.Have'-full responsibility for production and
.disseminat_i:on of national foreign intelligence, in
monitor National Foreign Intelligence Program imple-
mentation and may conduct, as appropriate, program
audits and evaluations.
appropri a .e consultation with departmental intelligence
production-organizations, and have authority to levy
analytic tasks on such organizations.
P9
(viii) Organize and direct the activities of the National
Intel l i fiance Tasking Center.
(ix) Promote the development and maintenance of services
of common concern by designated foreign intelligence organiza-
tions on behalf of the Intelligence Comm;,unity.
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(x) Ensure appropriate implementation of special
activities in support of national foreign policy objectives.
(xi) Establish procedures to ensure the propriety of
requests, and responses thereto, from the White House staff
and other Executive departments and agencies to the Intelligence
Community.
(xi i ) Establish a vigorous- program to downgrade and
declassify-foreign intelligence information as appropriate
and consistent with relevant Executive Orders, and with due
regard to protection of sources and methods.
(xiii) Ensure that appropriate programs are developed
which properly protect intelligence sources, methods and
analytical procedures. This responsibility shall be Iitirrited
within the-United States to:
(A) -Protection by lawful means against disclosure
by present or former employees of Federal departments
and agencies, or-persons,--or employees of persons or
organizations, presently or-formerly under contract
with them;
(B) Providing criteria, guidance and technical
assistance to Government departments and agencies
performing national foreign intelligence activities;
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(C) Devising procedures and issuing.criteria to
protect intelligence information, including information
that may reveal intelligence sources and methods, which
is disseminated to Federal departments and agencies, or
their contractors, within the United States; and
(D) In cases involving serious or continuing -
security violations, recommending to the Attorney
General that the case be referred to the FBI for.further
investigation.
(xiv) Undertake to-represent the Executive Branch in
matters involving the Judicial Branch where there is a need
to explain or verify the ;geed for protection of intelligence
sources or methods or national foreign intelligence information.
(xv) 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, in accordance with relevant
Executive Orders.
Lxv.:i) Participate with the Attorney General in the develop-
ment of procedures governing intelligence activities and
promulgate guidelines, as approved by the Attorney General,
for the implementation of such procedures.
(xvii) Establish uniform criteria for the identification,
selection and designation of relative priorities for the
transmission of critical national foreign intelligence
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information, and provide the Secretary of? Defense with
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continuing guidance as to the communications requirements
of the Intelligence Community for the transmission of such
intelligence.
(xviii) Establish such committees or other advisory'groups
as are deemed appropriate to assist in the execution of the
(3) The Director of Central Intelligence shall have authority
to appoint such subordinate management officers as are considered
necessary, and these officers shall have such authority as-the
Director of Central-Intelligence may prescribe in accordance with
fnr'ani na resoons i bi l i ti es .
relevant Executive Orders.
y L
fulfillment of responsibilities assigned to this Order, the heads
of all Executive Branch departments and agencies shall give the
Di rector- o f Central Intelligence . access to-all information
relevant to the foreign intelligence-needs of the United States..
The -Di rector. of.__Cen-tra-l In_te11 i gence shall take appropriate steps
(4) To assist the Director of'Central Intelligence in the
(e) National Intelligence Tasking Center
to maintain its confidentiality.
(1) There is established a National Intelligence Tasking
Center under the operational direction and management of the
Director of Central Intelligence for coordinating and tasking
national intelligence collection activities. The Director of
Central Intelligence shall appoint the senior officer of the
Center.
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(2) The National Intelligence Tasking Center shall be the
central mechanism by which the Director of Central Intelligence;
(i) Translates the national foreign intelligence.
requirements and priorities developed by the Policy
Review Committee into specific- collection guidance to the
Intelligence Community:,-
(ii) Assign-tasks to all national
collection systems;-
intelligence
(iii) Ensures the. timely dissemination and processing
exploitation-of information gathered by national foreign.
intelligence collection means, and
(iv) ' Provides advisory tasking or guidance with respect
to collection of national_ foreign intelli-gence information
to departments and agencies that have information collection
capabilities-or in_tel?-igence assets that are not a part of
the National Foreign Intelligence Program.. Particular
emphas.ts shall be placed on increasing the contribution of
Executive departments or agencies to the collection of
:information through overt means.
(4) The tasking authority of the National Intelligence
Tasking Center shall include:
(i) Specification of the information sought;
(ii) Identification of the targets to be covered;
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(iii) Indication of the priority of needs; and
(iv) The required timeliness.
(5) The National Intelligence Tasking Center shall have
the authority to resolve conflicts--of priority'as necessary.:
(6) The National Intelligence Tasking Center shall be
jointly manned by civilian and military personnel, who shall
include desjgnated representatives of the chiefs of each of the
Department of Defense. intelligence organizations engaged in
national foreign intelligence activities. Other organizations
of' the-Intelligence Community-may also designate representatives.
(7) In time of crisis or war, all powers, functions and
responsibilities of the Director of Central Intelligence with
respect to the National Intelligence.Tasking Center may be
transferred to the Secretary of Defense. upon the express direction
of the President- To mainta-in readiness for such transfer, the
Secretary of Defense shall,'on regular and appropriate
occas.i.ons as jo-intly.agreed. with the Director of -Central
Intelligence, assume temporarily all powers, functions and
responsibilities of the Director of Central Intelligence with
respect to the National Intelligence Tasking Center.
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(f) National Foreign Intelligence Board
(1) There is established a National Foreign
Intelligence Board which shall be composed of the
Director of Central Intelligence, who shall be chairman,
a'Deputy Director of Central Intelligence, and the
senior intelligence officers of the Department oftate,
the-Department of Defense, the Defense Intelligence
Agency, the National Security Agency, the Department of
Energy, the Federal Bureau of Investigation,, and tree=
Department of the Treasury. The senior intelligence
officers of the Army, Air Force and Navy may attend
all meetings as observers-
(2) The National Foreign Intelligence Board
shall advise the Director o
respect to:
Central Intelligence with
the-National Foreign Intelligence
Program- budget
{ii) interagency exchanges of foreign
intelligence information;
(iii) policy on arrangements with foreign
governments on intelligence matters;
(iv) production, review and coordination
of national foreign intelligence;
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(v) the protection of sensitive in-
telligence sources and methods and of sensitive intel-
ligence information; and
(vi) such other matters as referred to
.it by the Director of Central Intelligence.''
(3) The- National Foreign Intelligence Board
shall be supported by staff provided by the Director of
Central Intelligence.
Section 4. Responsibilities and Duties of the
Intelligence Community.
(a) Purpose. The rules of operation prescribed
by this section. of the Order-relate to the activities
of the Intelligence Community. In some instances,
detailed implemeatation.of this Order Neill be
contained in classified documents' because of the sensi-
tivity -of the. info mation --and its relation to national
security. All-such classified instructions will be
consistent with this Order. Unless otherwise specified,
the provisions of this section 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.
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22
(b) Senior Officials of the Intelligence Community_
The senior officials of each of the organizations in. the
Intelligence Community, in discharging the duties and
responsibilities set out jn Paragraphs :c) through '(h)
o' this section, shall:
(1) Be responsive to the needs of the President,
the National Security Council and other elements of the
Unit( States Government. -
(2) Be responsive to budgetary and collection
tasking by the Director of Central Intelligence for
national foreign intelligence purposes.
(3} Ensure that all policies and directives
relating to foreign intelligence and foreign counter-
intelligence activities are carried out in accordance
with applicable. law and. this' Order.
(4) Make -appropriate use of the capabilities
of other elements of the Intelligence Community in order
to achieve maximum efficiency.
(5) Contribute in their areas of responsibility
to the national intelligence products produced under
auspices of the Director of Central Intelligence.
(6) Establish internal policies.and guidelines
governing employee conduct and ensure that such are made
known to, and acknowledged by, each employee.
(7) Provide for strong, independent internal
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-23
means. to identify,. inspect and report on unauthorized
activity.
and
(8) Report to the Attorney General criminal
violations of federal law by any person, including an
employee of the senior official's department or agency, -
pursuant to guidelines adopted by' the. Attorney General.
(9) Furnish to the Director of Central
intelligence, the-Policy Review Committee, the Special
Coordination Committee, and the Intelligence Oversight-
Board the information-required for the performance of
their respective duties
vision
(10) 'Participate, as appropriate, in the pro
of services of common concern as directed by the
Director of Central Intelligence.
(11) Protect .intelligence and intelligence
sources and methods-consistent.with policies
of the. Director of Central Intelligence.
guidance
(12) Carry out programs to downgrade and
declassify foreign intelligence information as appropriate
and consistent with relevant Executive orders.
(c) The Central Intelligence Agency. All duties
and responsibilities of the CIA shall be related to the
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foreign intelligence and. foreign counterintelligence
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 shall:
(l) 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
obtainable, relating to foreign intelligence, in
accordance with. directives of the National Security
Council and the Director of Central intelligence.
(3) Collect and produce intelligence on
foreign aspects of international terrorist activities
and traffic in narcotics.
(4) Conduct foreign counterintelligence outside
.the United States and coordinate foreign counterintelligence
activities of Other agencies within the Intelligence Community
that
A\Tp
~ncic~ted
p
~r p ce ~
t e United States.
CIA-RDR84-00933RO0040
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(5) Conduct foreign counterintelligence
activities within the United States in coordination .oith.
the FBI subject to the approval of the Attorney General.
(6) Carry out such other special activities
in support of national foreign policy objectives which
are directed by the President'or the National Security
Council and which are within the limits of applicable
law>
(7) Conduct,. for the Intelligence Comrnunit_ ,
services of cormnon concern as directed by- the National
Security Council.
., (8) Carry out or contract for research,
development and procurement of .-technical systems and
devices relating to:_the..functions..authorized in this
(9)
the:-security of its installations,
ac-t .vities,- in-formation-and personnel... _ In order to main-
tain this security-, the CIA shall conduct such investiga-
tions of applicants,. employees, and other persons with
similar associations with the CIA as are necessary..
p 1, ? ! IU I I.UILUUU L dUiLLUIJ.-> L,L Ut-LVt--, LC=111111LOL u~311
support activities in the United States or abroad as
may be necessary to perform the functions described in
paragraphs (1) through (9) above, including procurement,
maintenance and transport; communications and data pro-
cess rovgd f tlB s2Qi1~091t? i:iC~I~ P& 99 0@Q~40~(L1-5
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26
personnel, financial and medical services; development
of essential cover and propriety arrangements and their
necessary support; entering into contracts 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
arrangements with academic institutions, provided
CIA-sponsorship is known to the appropriate senior
officials of the academic institutions and to senior
. project officials.
(d) ..- The Department of State.
State-shall:
The Secretary o
(1) Collect, overtly, foreign political,
political-militar, sociological, economic, scientific,
technical and-associated biographic information.
(2) Be; responsive to tasking by the Director
of'Central Intelligence for national foreign intelligence
purposes.
(3) Produce and disseminate foreign intelli-
gence relating to United States foreign policy as required
for the execution of the Secretary's responsibilities and
in support of policy-makers involved in foreign relations
within the Unit sed__"States Government.
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(4) Disseminate within the United States
.27
Government, as appropriate, reports received from United
States diplomatic missions abroad.
(5) Coordinate with the Director-of Central
Intelligence to ensure that United States intelligence
activities and programs are useful for and cons_stent
with United States foreign policy.
(6) Transmit reporting requirements of the
Intelligence Community to the Chiefs of United States.
Missions abroad.
(7) Contribute to the-.Intelligence Community
guidance for its collection of intelligence based on
the needs of those responsible- for foreign policy
(8) Support Chiefs of Missions in discharging
their responsibilities to-.direct and coordinate the
.activities--of all elements of 'their missions.
(e) The Department of the Treasury. The Secretary
of the Treasury shall:
(1) Collect, overtly, foreign financial and
monetary information.
(2) Participate with the Department of State
in the overt collection of general foreign economic
information.
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 Approved For Release 2001/09/03 : CIA-RDP84-06933R000400040001-5
(3) Produce that intelligence required for
the execution of the Secretary's interdepartmental
responsiblities 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 infor-
mation acquired.
(f) Department 'df Deefense.
(1) The Secretary of Defense shall.
Collect foreign military intelli-
gence-information-as well as military--related foreign,
-intelligence information, including scientific,
technical, political and economic, information as
required for--the executi oh-of the Secretary's
responsibilities;
(i ) __Be responsive to tasking by the
Director: of Central Intelligence for national foreign
intelligence. purposes;
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 Approved For Release 2001109/03 CIA-RDP84-00933R000400040001-5
29
(iii) Produce and disseminate, as appro-
priate, intelligence emphasizing foreign military capa-
bilities and intentions and scientific, technical and
economic developments pertinent to the Secretary's
responsibilities;
(iv) Conduct such programs and missions
necessary to fulfill national intelligence require-
ments;
(v)
Direct, -ciperate and provide fiscal
management for the National Security Agency, and natio
defense and military intelligence and reconnaissance .
entities-as required;
(vi)
=Conduct, as the executive agent:. of
the United States Government,
signals intelligence
activities and cor r unication.s security, except "as other-
wise approved hyTthe rational Security. Council;
(vii) Provide for the timely transmission
of critical intelligence, as defined by the Director of
Central Intelligence, within the United States Government;
(viii) Conduct foreign counterintelligence-
activities worldwide in support of Department of Defense
components, in coordination with the FBI in the United
States and in coordination with the CIA overseas.
(2) In carrying out these assigned responsi
ed to
bilAO Sed i b &6ie- i b9%3 : f Wb84-~b9 Og4r00040
001 5
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utilize the following:
(i) The Defense Intelligence Agency
whose functions, authorities and responsibilities..
(currently publicly assigned-by Department of Defense
Directive No. 5105.21), include:
(A) Production or provision of
military intelligence for the Secretary of Defense,
the. Joint Chiefs of Staff, other Defense components,
and, as appropriate, non-Defense agenciesa.
(B) Coordination. of all Department
of Defense intelligence collection requirements..
Attache system.
(C) Management of the Defense
(D) Provision of intelligence
staff support as directed by the Joint Chiefs of Staff-
(ii) The National Security Agency, whose
functions, authhor-ities. and responsibilities shall .%nclude:
(A) Operation of an effective unified
organization for the signals intelligence activities of
the United States Government, except for certain operations
which are normally exercised through appropriate elements
of the military command structure, or by the CIA..
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31
(B) Exercise of control over
signals intelligence collection and processing activities
of the Government, delegating to an appropriate agent
specified resources for such periods and-tasks as
required for the'direct support of military commanders-
(C). Ensure collection of signals
intelligence in accordance with tasking established by
the Director of Central-Intelligence through the
National Intelligence--Tasking Center.
(D')- Processing and dissemination-
of signals intelligence-to.all authorized elements of
the Government, including-the Armed
-s ?
Services.
(E) Operation, under the Secretary of
.Defense, of the central communications security authority
of the United States Government.
(F) Conduct of research and develop-
-ment to meet the needs of` the. United States for signal s
intelligence and communications security.
(iii) Special offices for the collection of
specialized intelligence through reconnaissance programs
whose functions, authorities, and responsibilities shall-
include:
(A) Carrying out reconnaissance
programs for specialized intelligence in accordance with
tasking by the Director of Central Intelligence through
_theA gv Fqr 5yja" 12~~ 9~J VAR
900400040001-5
 32
Approved For Release 2?RJ/09/RR~~~8~g~QQOt~c 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) The intelligence and counter-
intelligence elements of the military services whose
respective functions, authorities and responsibilities
shall include:
_(A) The collection, production, and
dissemination of foreign intelligence in support of
military commands and departments, the Department of
Defense, and national intelligence requirements, provided
that, the collection abroad of foreign intelligence infor-
mation, not otherwise . obtainable,. shall be-coordinated
(B) The conduct of-foreign counter-
intelligence activities in support of Department of Defense
components i:n coordination:with_the FBI in the United
States and in coordination with the CIA overseas.
(v) 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.
(g) The Department of Energy
The Secretary of Energy shall:
(1) Produce intelligence required for the
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33
execution of the Secretary's responsibilities and the
mission of the Department of Energy, 'including the area
of nuclear and atomic `energy.
(2) Disseminate such intelligence and provide
technical and analytical expertise to other Intelligence
Community organizations.
(3)' Participate with other Intelligence
Community agencies and departments in formulating
collection requirements where the special technical
expertise of the Department of. Energy can contribute-
-to such collection requirements.
(h) 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) Detect and--prevent-withifi the United
States and its territories and, irr coordination with
the CIA subject to the approval of the Director of
Central intelligence, outside the United States,
sabotage, international terrorist activities, clan-
destine intelligence activities, and other unlawful
activities by or on behalf of foreign powers through
such lawful foreign counterintelligence operations,
including electronic surveillance, as are useful for
such purposes.
(2) Conduct within the United States and its
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34
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 agencies within.
the Intelligence'Community.
(3)' Collect foreign intelligence by lawful
means within the United States and its territories when
requested by officials of agencies within the Inte:Ll: gence
Community designated by the :President to make such requests,
(4) Disseminate, as appropriate, foreign
intelligence and foreign counterintelligence information
which it acquires to appropriate Federal agencies, state
and-local law enforcement agencies and, in coordination.,
with the Director-o~ Cen tral=Intelligence, cooperating
foreign governments.
(5) Investigate--unauthorized disclosure of
intelligence sources and methods, classified intelligence
information and intelligence analytical procedures when
requested-by the Director of Central Intelligence or the
operating head of an organization within the Intelligence
Community for the purpose of carrying out the responsihil:i_-
ties assigned by this Executive Order.
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35
(6) Carry out or contract for research,
development and procurement of technical systems and
devices relating . tothe functions authorized above.
(i) " 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) Collect, produce and disseminate intelli-
gence in the foreign and domestic aspects of narcotics
production and trafficking. in consideration with other
agencies within the Intelligence Community with respon-
sibilities in any of these areas.
(2)- -Participates with the Department of State
in the overt collection of general- foreign economic,
agricuJ_tural , and political- information relating to
narcotics activities-.
(3) Coordinate with the:-.Director of Central
Intelligence to ensure that foreign narcotics intelli-
Bence activities are consistent with foreign intelligence
policy.
Section 5. ' Restrictions on 'In'telligence Activities,
(a) Purpose. Information about the capabilities,
intentions and activities of foreign powers, organiza-
tions, or persons and their agents is essential to informed
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36
decision-making in the field of national defense and
foreign relations. The measures employed to acquire
such information .should be 'responsive to. the legiti-
mate needs of our Government and must be conducted in
a manner which preserves and respects our established
concepts of privacy and our civil liberties. This
section ensures a proper. balancing of these interests.
This section does not authorize any activity not pre-
yiously authorized and does not provide exemption from
any :restrictions_.made applicable by statute or Executive
Order. Unless otherwise specified, the provisions of
this section apply to activities both inside and outside
the United States._ References to law are to applicable
laws of the United. States
(b) Restrictions' on Collection. Agencies within
the Intelligence Community shall not engage in any of
.the following activities for the purpose of collecting
-foreign intelligence or foreign counterintelligence:
(1) Unconsented physical surveillance directed
against a United States person, unless it is a lawful
surveillance conducted pursuant to procedures approved
by the head of the agency and directed against any of
the following:
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37
(i) Present or. former employees of such
organization,, including employees of a non-intelligence
element of the department or agency of which the intelli--
gence 'organization is a part, its present or former con-
tractors or their present or former employees, for the
purpose of protecting foreign intelligence or foreign
counterintelligence sources or methods or national
security information from unauthorized disclosure;
(ii) a United States person, who is in
contact with either such a present or former contraq.tor
or employee or with a non-United States person who is
the subject of a foreign intelligence or foreign counter-
intelligence inquiry, but only to the ex-Cent necessarv 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 of -a foreign power or engaging in international
terrorist. or narcotics activities or activities threatening
the national security.
(2) Unconsented electronic surveillance to inter-
cept 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 procedur6s approved by the
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33
Attorney General and promulgated by the Director o~
Central intelligence;' provided that .the CIA shall not
perform electronic surveillance within the United States
except to take 'action permissible under Section 5(d) (2)
including the provision to the FBI of technical assistance,
expert capability and knowledge'and to test equipment
under procedures approved by the'Attorney General and
promulated by the Director of Central intelligence.
(3)' Unconsented physical searches-within the
United States:_; or unconsented physical searches directed
against United States-persons abroad, except lawful
searches under procedures-approved by the Attorney
General .and promulgated by the Director of Central
intelligence.
(4) Open ng of mail or examination of envelopes
of mail in United States postal channels except in accord--
-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 or undisclosed participation
within the United States in any organization for the
purpose of reporting on or influencing its activities
or members; except such infiltration or participation
with respect to an organization composed primarily of
non-United States persons which is reasonably believed
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39
to be acting on behalf of a foreign powers and except
reporting on members of organizations who are-reasonably
believed to be'pote.ntial sources or contacts, but only.
for the purpose of determining whether the person is a
desirable source or contact.
(7) Collection, dissemination and storage of
non-publicly available information, however acquired,
concerning the activities of United States persons within
the United States except:
(i) Information concerning corporations or
other commercial organizations which constitutes foreign
intelligence or-foreign counterintelligence;
(ii) information concerning present or
former employees, including employees of a non-intelligence
element of the department .or-.agency, present or former
contractors or their present or former employees, or
applicants for any such employment or corstractingr
necessary to protect foreign intelligence. or foreign.
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 foreign counterintelligence
inquiry;
(iii) information concerning persons who
are App @OKib2!~e9QMei2Md79t1 :1 A 4 13R O4 40A(1-5ontacts.,
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40,
but only for the purpose of determining the. suitabi:Lity
or credibility of such persons;
(iv) foreign intelligence or foreign
counterintelligehce'gathered abroad or from electronic
surveillance conducted in compliance with Section 5(b)(2);
or foreign intelligence' or foreign counterintelligence
acquired... from cooperating sources in the United States;
(v) information about a United'States
person who is reasonably believed to be acting on behalf
of a foreign power or engaging in international terrorist
Or narcotics activities, or to present a danger to the
safety of a person protected by the United States Secret
~
Service; or
(vi) information concerning persons or -
-activities that. pose- a clear threat to any facilities or
.personnel of an agency.withinthe Intelligence Community,
?provided, that such information is retained only by the
agency threatened and that proper coordination with the
FBI is accomplished.
(8) The restrictions. on collection set out.
in this section shall not apply to any agency within the
Intelligence Community to the extent that it is engaged
in its authorized civil or criminal law enforcement
.functions, nor shall it apply in any case to the Federal
Bureau of Investigation.
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(c) Restrictions on Experimentation_ rAgvncie$
within the intelligence Community shall not engage in
experimentation with drugs on human subjects, except
with the informed consent, in writing and witnessed by
a disinterested 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.
(d) ' Restrictigns' on, Assistance to' La-w Erkfo cement
Authorities.
(1) Agencies within the Intelligence Com munityr
while engaged in the collection of foreign intelligence
or counterintelligence, shall not, except as expressly
authorized by law:
(i) provide services, equipment, personnel
or.-..facilities to the--.Law .-Enforcement Assistance Administra-
tro.r? orato state or local police organizations of the-
United States; or
(ii) within he United States participate
in or fund any law-enforcement activity
(2) These prohibitions shall not appl~- any
agency within the intelligence Community to the extent
that it is engaged in its authorized civil or criminal law
enforcement functions; nor shall it apply in any case to
(3) These prohibitions shall not preclude:
(i) cooperation with appropriate law en-
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_i i r_- 1 ; 4-4 ., c F :. ri t a rr ra n -.'r i- F h h T n e 11i . an nc e
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42
Community or preventing espionage or other criminal
activity related to foreign intelligence'or-counter-
intelligence;
participation in law enforcement
activities, within the limits. of Section 4 of this Order,
to investigate clandestine intelligence activities by
foreign powers, international narcotics. trafficking, or
international terrorist activities;
provision of specialized,egui.pment,
technical knowledge or the assistance of expert personnel
for use by any federal department or agency or, when lives
are- endangered, in support of local law enforcement
activities; or
(iv) the dissemination of information law-
fully -collected to-an.y federal or-local law enforcement
agency to enable it to investigate, prevent or prosecute
-criminal- acti vity-
(e) Restri:ctIons on Pe-rsonnel Assigned to Other
Agencies. An employee of an agency within the Intelli-
gence Community detailed elsewhere within the Federal
Government shall be responsible to the host agency and
shall not report to such employee's parent agency on
the 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.
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(f) Prohibition of Assassination. No employee of
the United States Government shall engage in, or conspire
to engage in, political assassination.
(g) Dissemination and Storage. Nothing in this
section of this Order shall prohibit:
(1) Lawful dissemination to the appropriate-
law enforcement agencies of incidentally gathered infor-
mation indicating involvement in activities which may he
in violation of federal, state or local laws or the laws
of a -foreign government.
(2) Storage of information required by law to
be retained.
(3) Dissemination to foreign intelligence
agencies of information of the subject matter types
listed in Section -5(b) (7) .
Section 6. Oversight of-- Intelligence Organizations.
(a) There is- h.reby established within the Executive
Office. of -the. President an Intelligence Oversight Board.
(1) The-Intelligence 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. No member shall have any personal
contractual relationship with any agency within the
Intelligence Community. One member shall be designated
by the President as Chairman.
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44
(2) The latelligen.ce oversight Board shall:
(i) Receive and consider written and oral
reports by Inspectors General and General Counsels with
responsibilities for organizations within the Intelligence
Community concerning activities that raise questions of
legality or propriety;
(ii) Review periodically the practices and
procedures of the Inspectors General and General Counsels
with 'respor:sihilities for organizations withir. the Intelli-
gence Community. designed to discover and report to-the
Intelligence Oversight Board activities that raise questions,
of legality or propriety;
(iii.) Review periodically with each organiza-
tion within the Intelligence Community internal or(anization
guidelines to ensure their adequacy.;
(iv) Report periodically, at least quarterly,
to the Attorney General. and the President on its findings;
(v) Report in a timely manner to the
Attorney General and to the President any activities
that raise serious questions about legality; and
(vi) Report in a timely manner to the
President any activities that raise serious questions
about propriety.
(b) Inspectors General and General Counsels with
responsibility for organizations within the intelligence
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i
-
{1) Transmit in a timely manner to the Inter
Bence Oversight Board reports of any activities that come
to their attention and that raise questions of legality
or propriety.
(2) Report periodically, at least quarterly,
to the Intelligence Oversight Board on actions taken with
respect to its findings or any relevant findings of the:.
Attorney General concerning questionable activitiesr if
(3) Provide 'to the? 'Intelligence Oversight
Board information requested about activities within
their respective agencies.
(4) 'Report to the'Intelligence Oversight Board
.any occasion on which they were directed not to report any
activity to the Intelligence Oversight Board by their
department or agency heads..
(5) Formulate practices and procedures designed
to discover and report to the Intelligence Oversight Board
activities that raise questions of legality or propriety.
(c) Heads of department or agencies having authority
over elements within the intelligence Community shall:
(1) Report periodically to the Intelligence
Oversight Board on any activities of their organizations
that raise questions of legality or propriety.
(2) Instruct their. employees to cooperate fully
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(3) Ensure that Inspectors General and Genera.
Counsels of their departments or agencies have access to
any information necessary to perform their duties assigned
by paragraph ' (b) of this section.
(d) The :Attorney General shall:
(1) Receive 'and consider reports from the
intelligence 'Oversi..ght 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..
(3) Report to the Intelligence Oversight Board
.in a timely fashion with respect to activities of the
Department of Justice undertaken-in response to matters
referred to the Department by-the Board.
(4} Keep the Intelligence Oversight Board
informed as to legal opinions affecting the operations
of the Intelligence Community.
(e) The Inte? L, gence. Oversight Board shall receive
staff support through the Executive Office of the
President. No person who serves on the staff of the
Intelligence Oversight Board shall have any contractual
or employment relationship with any agency within the
Intelligence Community.
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Section 7. Protection of intelligence.
(a) in order to improve the protection of sources
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
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
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
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
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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. .
Section 8. Enab'liriq Provisions.
(a)- The Policy Review Committee 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.
(c) This Order shall supersede Executive Order
11905, "United States Foreign Intelligence Activities,"
dated February 19, 1976.
(d) Heads of agencies within the Intelligence
Community shall issue supplementary directives to their
organizations consistent with this Order.
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 Approved elec. 2001/09/03 : CIA -RD~P84 0093312000400040001-51
T 6
PART III:
THE PRES
UNITED STATES FOREi ;
I T ELUUGENCE ACTIVJT
?? ~?~+~: dpi.-':=f::..
Execufvz Order.11905 f
7=.
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 Approved For Release 2001/09/03 : CIA-RDP84-00933R000400040001-5
THC PRESIDENT
Title 3--The F esident
Executive Order 11905
By.virtue of the authority vested in me by the
Constitution and statutes of the United States,?inc-lud-
ing the National Security Act of 1947, as amended, and
as President of the United States of America, it-is
hereby ordered as follows:
? Senior -Official of .Each O7;gani,-
pbr..)c)l ? v1 / Cti~~:} (b)
~jrC)Ai' ~bi7G~blr~11 j ;} ca7nn--(c)
(d)
National Security Council --------
Coitut tie-r~si-Far~'_ ?n p-I gehce`
Opera-ti cars--Addvi-sory-G-rro u p --------
Director of Central intelligence-
INTELLIGENCE COMMUNITY .................. .
TABLE OF CONTENTS
Description
February 18, 197G
Page
PURPOSE.......... ... 2 .
DEFINITIONS ................. ~?m?
CO21TROL AND DIRECTION OF INTELLIGENCE
ORGANIZATIONS ...........................
(b)
United States Foreign Intelligence Activities
Ax~A(Z`h,H7 D1"GrdfiT~U
(c)
(d)
(e)
Central Intelligence Agency------
Department of State ------- -------
Department?of the Treasury-------
Department of Defense------------
fl-pm-eat
(g) Federal Bureau of Investigation--
11
18
21
22
5 RESTRICTIONS ON INTELLIGENCE ACTIVITIES 23
-OVERSIGHT OF INTELLIGENCE ORGANIZATIONS 31
7 4 Y PROTECT ION.oT~ ......... ' 35
gf'G~'.bV;s) 35
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 Approved For Release 2001/09/03 : CIA-RDP84-00933R0004'00040001-
(
~ )Irk N (~x1,
k-)'V - ].1-
Section 1. Purpose. The, purpose of this order / \.
s r
jJ)O :1 L) t
the authority and responsibilities of the ntelligence /IJ5)
n o es a s p P
intelligence needed for national security, to clarify
c
i t t bl'sh olicies to im rove the quality
departments and agencies, and to establish effective
oversight to assure compliance with law in the manage--*
went and direction of intelligence agencies .and depart-
-shall have these meanings: -
capabilities, intentions and activities'of foreign
(a) Intelligence means:
(1) Foreign intelligence which means informa-
R/:CA-SiM 6- I U
ion, other than foreign counterintelligence, LprD the
powers, organizations)/~r their agents; and -
(2), Foreign counterintelligence which means.
activities conducted to protect the United States'and
on or terror
sm.
r
ion, assassinat
bv
s
i
s
i
u
e
T7nited States citizens. frcm foreign espionage, sabotage,
(b) Intelligence Community refers to the following
ments of the national government.
'Sec. 2. Definitions. For the purpose of this
Order, unless otherwise indicated, the following-terms
organizations:
(1) Central Intelligence Agency;
(2) National Security Agency;
(3) Defense Intelligence Agency;
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 Approved For Release 2001/09/03: CIA-RDP84-00933R000400040)-5
(4) Sljec-z-a office within the Department of
of Defense f the collection of
specialized intelligence through
reconnaissance programs;
,~S1Dn'~ ~pn1;i/ /'~U
(5) ntelligence elements of the military
services;
~ )G)J Gd~Nik~
(6)[Intelligence element of the Federal
Bureau of Investigation;
(7) Intelligence element of the Department
of Sate;
(i3) /.Intelligence element of the Department
of the Treasury; and
(9) Xntel].igence element of 119nergy
c an evelopment~l3mrrt str t%e~~~ k .~~~
J U) ~~ :)GU i~~3xzz)~) r~Cx =L x~~ ar Tax- ~~u,G 1-Nra }~~.;
(c) pecial activities in support of national
foreign policy objectives means. activities, other than
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
Cipi offices within the Department. tment.of Defense-for
the collection o~ specialized intelligence through recon-
. `rya s5~lnce pro at ;th ~Cp.ix. os3r34ted;;C,x ?to. i C Pragrzm,
General Defense Intelligence
'Program) and o . ?,^r" Trams-~f-the-departments-anc~
_ ~RPncie ~, n~ :~cLudi.ng-taeti:ca-l-intslligence; iies-ig; .
y,jtRd bV the-C=zLtt-tee-on-Fore-ign Inte-ligence-pis-pa-rat ? ,
ar k ~,ren ?5 Gt~)~hIN x~~
C
-PAT): JM/
D~-_AI !
Q rove ~q~ ~2 /0i~: jP 0 0
400040001-5.,
pp . ?`' N~ t,cS9n,
n. I f-7
,)ChhiLL ..
 Approved For Release 2001/09/03 : CIA-RDP84-00933R000400040001-5
advise, the President with respect to the integration
of domestic, foreign, and military policies relating
to the national security. Statutory members of the.
. President, the Secretary of State, and the Secretary'
C;; j)~3') T`Yre'Rat~ia
eVF shy
eider th~ needs of users of inte l igence an
Sec. 3. Control and Direction?cf National
Intelligence Organizations.
.(a) National Security Council.
(1) The National Security Council was
-established by the National Security Act of 1947 to?
National Security Council are the President, the Vice
of Defense.
(2)
1)
Security Council shall'Iprovide
;'he national
n
d direction
guidance a
gence activities.
to the aeVe.LopmenL axi 1fJiA4LE1G -J '.J s.u~}~??~~ ~??~--.-- t
4k
c
the ti.meli- ,.Y P,,
inued appropriateness of special activ\ties in s ?nport
ational Foreig policy objectives.-' ? Th1 National
SecuCouncil shal consult with the Secretary of
the Treasur
desi Dated by the President'as Dart of these reviews.
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~' ~. Ni 9 A) IdSC r'.bt)" Tn~ S
a '~_? I. }-, F
-Z
 Approved For Release 20,01/09/03 : CIA-RDP84-00933R0004000'40001-5
j~b~.)c kY) 1.1 Cv1
(b) : p-m - sa-intalli.
(1) There is established "thcCoz uittee o-u?
a- ~, r ~; g ~t}ra~~rer ~ i -: ~ ?t-a~ ?-r-e-f er-.re J.~gcr~G`,~,hrnr ~e: _h 'r
#~..,.r~r--tiF;~s?_~/F~'-~fh"~kYY~'2?~v 4.~r,~ ~ ~s i bi.~..i: tY~A ~
c' Y?iw Gr~)S7~ ~~J/tl L
ELI
The -s rs' . establish such subeor=:ttees
Cf ~; ~fJll7l7~ r'U: J 1Z~~ D .
fibs) tY~l",vnr~)~5~=~
t
to RTIStty e~c~1Su 0
rre~o~ty-~Ln ...p c~1.~-e~,ie s~-z:xtly
~'aLl f j, )l vv Cbn.h,) = 3~
(5) Decisions of. the C- L may be reviewed
by the National Security Council ran appeal by, he
Drreoto of-eerr~=` Trt-efiJxg e/tx~t any member of .the
C/
urity Council44 Thy ?
Tationo-
(c?) Th'e-.4o,
oi7blSbu~j
to the President for National Security Affair the
Secretaries of State and Defense; the.Chairman of the
Joint Chiefs of Staff; and the Director of Central
Intellligence ., Tit
he
shall be supported by
Z FcG/~)
/7 L: IVA))trh^
staff headed by the Deputy to
The Attorney General and the Director
- ~r o C ntral Intelligence for he me lx --
rec
3
,
.
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 Approved For Release 2001/09/03tit SIY4-00933R000400040001=~5 T,
-- of the office of Management
or their r-epre-- ~,L f)
? ~~as, and others designated by the
1,
President, s attend all meetings as observers.A
(2) The a ? s 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.
, oc ra s- ez~~'
(ice) Gsond-zet-pe od..c_r"ev -ews--o-r
~bl1c' bQ5) C )VzS 77,,E ,-~d Ot.~~!-j CvJs)I~)ZI-5' 6iy ~hk: ~r C C-;:
o ~~ ran le ed-by-the-Operations Group. l
(iii) G- reApprova-. f-csr specific sensitiveeinte:lli-
Bence collection operations
ti.n~~r~rznrg~ ? .
(iv) Conduct periodic
e,r~ 5 ~ S? L
rte
I () The Operations Group shall discharge
the responsibilities assigned by subparagraphs (c)(2)(i)
and (c)(2)(iii) of this section only after onsideration
in a formal meeting attended by all members and observers;V/~:rb'N bxsl '
?s~~.,~r,~~:;{'??': fG'3:-~::~f?? .'!1' .kti: ?~:.~:: ,;~s iti?...~.J~:1: .C.4 :1i: ?~i. .rtj~'~s.~? .r'.4: :'~:f
'fR~*,ane eY`r~r~t sero~ e~tt rr4 .
-(E)L41) The staff of the National ecurity Council
2 A b 5?>x ~xPuD' ,LS'~r~l i1,,= (~Rxs 1 Z$ J~ h/() )Dh~ z S -Z c\63
(d)' Director of Central intelligence.
The Director of Central Intelligence,
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as designated
by the Open--
II)"- fxbd''m C PO, e_~ } It ~c2 b ffTi,i
reviews/\of ongoing s nsit::ive
once collection o erati9ns.
%!rt'OV1 TU 5?) NS~C 1~ skml-~~T ~x6b)2 D'+~ ~J ~7UtaJkS bY' 1 1~'
-
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1 '
\ \ IN X
i
1b ': I
~5 ivy. Lv
pursuant to the National Security Act of 1947, shall
be responsible directly to the National Security Council
ThFStiC1) iiq~:)" 3~1~Tr,
(ii) Act as executive head of the CIA and T:7f"- ^f_
}15 7~ x 7b~}gib. b t)SCh ~~2UZ v)~,~)S ~?3fitL1~~tJ 6lhlTti`1~l~y
elus~ox~Y f - / .
and the President. He shall:
( L) YRI--VI J Cbh~h, l i ii A 111j i" r'~~'~ tv
(iii) Ensuse the development anc3-submi scion of
a budget for the Nat`iona'l Foreign Intelligence Program
(iv) Act as the President's primary adviser on 4
foreign intelligence and provide h a and other officials
r
.nch with foreign intelligence,.
`rate- g6 tt sfiima"tes 4~.e r
-na-tio-vial-inte]:Xigence-requiT-eme-at-s an .
, per+rzse"p3 va'uction-and-di mi r~ia ti r>n-of-"fiati.orCa1 -
Ensure appropriate implementation. of special.
activities in support of national foreign policy
"(,Esti zfi''?cdei{ ?ari"stixproi:%eb
the intelligence Corrmuni.ty.
J) j ~jrtif Ensure that appropriate programs are
developed which properly protect intelligence sources,
methods and analytical procedures. His responsibility
Approv-$1 'R Ssi M04/Ot eeIR-WM4-60iiMhB 460640001-5
'of requests, and responses thereto, from the White House
Staff or other Executive departments and agencies to
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THE PRESIDENT
or persons, or employees
of persons or organizations, presently or formerly
disclosure by present or
r)c)I:
under contract with rntjr;
(B) providing 3eers?~i~s, guidance
and technical
merits and agencies performing foreign intelligence
(n)
government depart-
assistance to robhZ_-r
--------------------
(G)? in cases involving serious or-co -
Protection by lawful means against:
tinuing security violations, recommending to the
Attorney General that the case be referred to the Federal
Bureau of Investigation for further investigation.
U,1
Establish a vigorous program to downgrade
1-4
and declassify foreign intelligence information as
wnN' a
appropriate and consistent withAExecutive order
,4 T a&)i by . 6;x=61 z1 -5-) ePsbt1-c)) AF SPUPC-i S , J~,~=~Nv 5
Community and that eae.4""?Inspector G ral submits
General?capabiries in all elements of the
ce:'CMrsgYi'?rci:~.a::5cer:
that ,;Lrrtelligence organization has engaged or is engagec1>
Ensure the establishment, by the Intelligence
Community, of common security standards for managing
(
\_?f 1'~ Y"' v
and handling foreign intelligence systems, information
1
and products, and for granting access theretoP AC( &'A
tv1 ~~ / UiJAN~ if~cli~1v Pl2? ~" - ?
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 1712
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THE PRESIDENT P
(4~ Act as the principal spokesman to the Congress
for the Intelligence Community and facilitate the -use
17
of foreign intelligence products b 'Congress.
Promote the development and maintenance
c o# services of common
"'A" Yr.,MJ 0
conce?n the InteLizgeace ~.viiuu~uxs ~y ?~ ~~?------
~t~ii~e}-i"tit~x2.'L'~v~"~*F.~ keSte,1-
a~x-a-ti`73tzra-l
~'g~p"t~lia~Un' ?
i) Establish uniform criteria for the identi_.
ffication, 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 of such
intelligence.
?Q 6 - Rllb1$ ~ /t'bL
?e. (xiv) Establish such committees o~kt~sr `
e*iCte to assist in h~--
,fit of his responsibilities
(xv Consult with u"stirs'and produce s -v -lntelYi
gence, ineiuuir cry' utc
nTd Defense ;the litary..'services the Peder.q. B1xreat:
d D
1O
ve
-
of Investigation, the Ene~g'Y xesearcn an
Administration, and the Counai*of Economic Advisors,
to ensure the timeliness, relevandy,,,and quality of
the intelligence product.
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 THE PRE5101NT
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assist the Director of Central Intelli
gence in the supervisia?rand direction of the Intelli-
gence Community, the position o
is hereby established (Committee on Foreign I to el-ligence)
'7"h1= C) S'1I .L N1svx 4115 ~~)~ r~ , D'U"vJnl3-
T3 s 's t e n; r~.tor_o_"C -ft a-1-1n.to11k
(3)
Sv CA sU;~G~~Jn,A~k fr4i~~b~ rn~7 6 1=/cama s'6 _
Cjenc'a in--hM--stspe i - nt3-dir~ ora -of Yx`-~~t;rte,
) ,vb ?he5k 6F )CK ~ rllx.Zi 11 ')%~_
of Central Intelligence for the Intellig&ne Community
espfrrrs-sbi-,. t:.rl ay,-cep t 3=off
#.l~,~errtra~--I-~r~~c~tce'-'~~n-~g~?'t~--~e~ H~gut~"I3~e1'?'-c.r`r??
(4) To assist theDCI in the fulfillment of
Cif)S )~~rf /V~Frpv5h
sbc), ?41) ~) \-
/, CcvA D, :1c~r ttz/ -)n P;~Lk1'M3 A'X cLT)))- t Pi'\7v 5
relevant td the foreign intelligence needs of the United
States. a io r quested-byhe.DC?'ha3r3
be ovoid nd the DCI shall take appropriate steps
to maintain its confidentiality.
..-Sec. 4. Responsibilities and Duties-of the
Sntel l' ?~eiic~ =.C~ aiiiiirii :`,`; ` Ftfr e:? The`' files af~' or eraeiori
prescribed by this section of the Order relate to the
7A'1 ' A'f) 4LlG4NU r_A'h,um
j
,
responsibilities , heads of allfiepartmen.ts and
agencies shall give. access to all information
,(~sJGN !ta)S ~~,~t;7lz~5 /
N C~
activities of o ore-tgr .nts-ll-rg
some instances, detailed implementation of this ne-
Qrde.r will be contained in classified documents because
of the sensitivity of the information and its relation
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 7114
to national security. All such classified instructions
will be consistent with this Order. Unless otherwise
specified '1 /~K' tdrr+nI it- provisions Tpply
i United States. Nothing in this section of this order
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I
fix? t mse;'-.ac- acrd--?fih.~`~+b s --~Y*~- ,
ensure that all policies and directives relating
ANb "3t i JGa Cbv~,~fi~2JN~'zLIIGd ~G}'
of the President, the National Security Council and
elements of the Government. a 1 g u .=1'eir
a 3c1 po 1s
to activities both inside and outside the United States,
and all references to law are to applicable laws of th e
shall be?construed to in.terfere with any law-enforcement
responsibility of any department or agency. -
(a) Senior Officials of the Intelligence Comamun.itv.
The senior officials of to r t.
.drag,,,, in discharging the duties and responsib1l ties 0) F 7A15 5:C,72.
~euum~aratd-fbr- the~atiorrs-wY~iiz 'tE-
f ft-j-n e 3- 1-k g, ra, responsive to .the needs
intelligencgAactivities are carried out in
with law and this Order,"
c)~ 0? j D ~i~N71R~Jbr15 2' '-
Make app priate'? use" o
of the other elements of the intelligence Community in
order. to achieve-maximum efficiency.
Contribute'intareas of hers. responsibility
to the national intelligence products produced under
auspices of the Director of Central Intelligence.
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 Approved For Release 2001/09/03 Pr 490933R000400040001-5
Establish internal policies and guide--
lines governing employee conduct and ensuri-mg that
such are made known to, and acknowledged by, each
i'N trV
n,l ~~r~'S1? J t1O1)f ;J1V (TL C 7
employee.
Provide for a strong amp independent: /;V7-;pjAj_
r-eparttrmi on, unauthorized activity.
P . C b 1)1)551~ k
agency'fV S A PIT -T-0.(r'U)bsZ/.
> (6) Furnish to the Director of Central 'Intelli-
gence, the ~a'n'~r~ n` s
of the senior offici l's epartne ,-
vi o t.'o Q law by any person, including an employee
tc e
.o
n~t~
F
tr~cram-i~~~r-elarer3
~^ (5) Report to the Attorney General Xbja 1 k'1/
activities of 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
W 1 i';' Sresezve nd''Tcsti t5 o r ;: 's.eab~ Xal e.d:';7hl~v'3h~~/N;k 1,L,1 G IiryC7= ('b'trrnvr~l`~
foreign power or engaging in international terrorist A
,)A trk- ~~ Sit ~
or narcotics activities fRb7 C b n
(vi) Information concerning persons or*activities
,that pose a clear threat to e 1i gerrce -ag r cy
.is retained only, by, the agency
threatened and that proper coordination with the Federal
:aurea of investigation is accomplished.
Dissemination and Storage. Nothing in this
section of this order shall prohibit:
(1) Lawful dissemination to the appropriate:
law enforcement agencies of incidentally gathered .
(3) Dissemination to foreign intelligence
agencies of information of the subject matter types
]Listed in Section 5 (b) (7)
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(2) Storage of information required by-law
may be in violation of kaw l
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