EXECUTIVE ORDER UNITED STATES FOREIGN INTELLIGENCE ACTIVITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00988R000400120013-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 36
• Document Creation Date: December 15, 2016
• Document Release Date: October 10, 2003
• Sequence Number: 13
• Publication Date: February 18, 1976
• Content Type: REGULATION

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February 18, 1976
Office of the White House Press Secretary
EMBARGOED FOR RELEASE
UNTIL 12 P.M. (EST)
WEDNESDAY, FEBRUARY 18, 1976
---N------------------. ------ -------------------------------
THE WHITE HOUSE
EXECUTIVE ORDER
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:
I
TABLE OF CONTENTS
Section
Description
Page
1
2
3
PURPOSE............... .................
DEFINITIONS ............. ................
CONTROL AND DIRECTION OF INTELLIGENCE
ORGANIZATIONS ............................
2
2
4
(a)
(b)
(c)
(d)
National Security Council-------- 4
Committee on Foreign Intelligence 5
Operations Advisory Group--------6
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--------------
f the Treasury-------
t
16
17
(d)
o
Departmen
---
18
(e)
(f)
Department of Defense---------
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
8
ENABLING DATA.... ......................
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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_anddepart-
meats 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; and
(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 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
intelligence element of the Energy
Resources 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
conduct 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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(b) Committee on Foreign Intelligence.
(1) There is established the Committee on
Foreign Intelligence (hereinafter referred to as the
CFI), which shall be composed of the Director of
Central intelligence, hereinafter referred to as the
the Deputy Secretary (
DCI, who shall be the Chairman;
of Defense for Intelligence; and the Deputy Assistant
1.44.,4-04 0
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.
ILLEGIB
to the Office of Management and Budget, review, and
(A) The CFI shall, prior to-submission
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.
M 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
irector of C,jtral _ Intelligence for theIntelli-
gence Community..
(4) The CFI shall establish such_subconuuittees
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
ni rector_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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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
ua.ssenzs, ror the Yresiaent prior to his decision on
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-
sensitive
(3) The Operations Group shall discharge
the responsibilities assigned by subparagraphs (c)(2)(i)
tions Group.
(iv) Conduct periodic reviews of ongoing
intelligence collection operations.
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 of
the member or observer attends.
(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:
(1) 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
to the CFI.
(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. -
(v) 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 fi4rther 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 !pokesman 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.- 'Criteria for the identi-
fication, selection, and designation. of relative prior-
:ities for the transmission of- c itical 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. .
(xlv) 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 Resources 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 of
his responsibilities, the heads of all departments and
agencies shall give him access to all information
relevant to the foreign intelligence needs of. the 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
the President, the National Security Council and
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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.
-11
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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
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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
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, as amended,
and other laws, regulations, and diredtives, 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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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 *uch 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
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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 arrangemennts;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; "end 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) Coordina 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
l
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 Secretary'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 Defezise.
(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 y?
(vi) Provide for the timely transmission of
critical intelligence, as defined by the Director of
Central Intelligence, within the United States Govern-
ment," except as otherwise approved by the CFI.
(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 Defense 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 Q m,_
(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
United States Government.
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(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
include:
specialized intelligence through reconnaissance programs,
whose functions, authorities, and responsibilities shall
(A) Carrying out consolidated programs
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 Investigation. Under
the supervision of the Attorney General and pursuant to
such regulations as the Attorney General may establish,
the Director of the FBI sha111:
(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.
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(3) Collect foreign intelligence by lawful
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
governments.
(5) Carry out or contract for research,
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
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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
inside and outside the United States. References to
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.
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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 io 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.
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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
disclosure; or
(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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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 approved 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
consistent with law.
(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.
(4) Opening 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
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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 a foreign 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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(iv) Foreign.intelligence or counterintelligence
gathered abroad or from electronic surveillance conducted
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 on behalf of a
foreign power or engaging in international terrorist
or narcotics activities.
(vi) Information concerning persons or activities
that pose a clear threat to foreign intelligence. agency
facilities or personnel, provided, that such information
is retained only 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 involvement 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 matter types
listed in Section 5 (b) (7) .
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(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.
(2) 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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(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 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.
(g) Prohibition of Assassination. No employee of
the United States Government shall engage in, or con-
spire to engage in, political assassination.
(h) Implementation.
(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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(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 o 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 aj1y' persona] 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 Chairman.
(3) The, Oversight Board shall:
(i) Receive and consider reports'by inspectors
General and General Counsels of the Intelligence-Com-
munity concerning activities that raise questions of
legality or propriety.
(ii) Review periodically the practices and pro-
cedures of the Inspectors General and General Counsels
of the Intelligence Community designed to discover and
report to the Oversight Board activities that raise
questions of legality or propriety.
(iii) Review periodically with each member of
the Intelligence Community their internal guidelines
to ensure their adequacy.
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(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.
(vi) Report in a timely manner to the President
any activities that raise serious questions about propriety.
(b) Inspectors General and General Counsels within
the Intelligence Community shall:
.(1) Transmit to the Oversight Board reports
of 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
heads.
(5) Formulate practices and procedures
designed to discover and report to the Oversight Board
activities that raise questions of legality or propriety.
(c) Heads of.intel-ligence 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 propriety.
(2) Instruct their employees to cooperate
fully with the Oversight Board.
(3)
Ensure. that Inspectors General and.
.General Counsels of their agency 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 est a.s e~yExecutive"Order No. 114460 of
March 20, 1969, remains in effect.
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Sec. 7. Secrecy Protection.
(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
I
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
promulgate rules and regulations to expand the scope
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w
of agreements secured from those persons who, as an
aspect of their relationship with the United States
Government, have access to classified intelligence
material..
Sec. S. 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.
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