REVISION OF E. O. 11905 BY THE STAFF DIRECTOR, SENATE SELECT COMMITTEE ON INTELLIGENCE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91M00696R000100010008-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 41
• Document Creation Date: December 15, 2016
• Document Release Date: March 1, 2004
• Sequence Number: 8
• Publication Date: March 15, 1977
• Content Type: MF

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 . rc ' T P R E1D N T
UNITED STATES FOREIGN
-INTEL I E CE ACTIVITIES.
Executive Order 11905
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Title 3 The President.
Executive Order x.1905 February 18, 1976
United States Foreign Intelligence Activities
By virtue of the authority vested in my b the Consti-
tution and. statutes of the United States, including the National
Security Act of 1947, as amended, and as President of the United
States of America, it is hereby ordered as follows:
Section Description page
1 PURPOSE ...................................... 2.
2 DEFINITIONS .................................. 2
3 CONTROL AND DIRECTION OF INTELLIGENCE
ORGANIZATIONS ................................ 4
(a) National Security C:ouncil- ------------- 4
(b) Committee on Foreign Intelligence 5
(c) Operations Advisory Group-,------------- 6
(d) Director of Central Intelligence-------
RESPONSIBILITIES AND DUTIES OF THE INTELLI-
GENCE COMMUNITY ....................... 11
(a) Senior Official of Each Organization of
the Intelligence Community------------- 12
(b) Central Intelligence Agency------------ 14
(c) Department of State --------------------- 16
(d) Department of the Treasury------------- 17
(e) Department of Defense----.-------------- 18
(f) National Securit Lency- -------------
Y Energy Research and DeveTo--pm- ent-Admiin-
istration----------------------------_.- 21
(h) Federal Bureau of Investigation-------- 22
5 RESTRICTIONS ON INTELLIGENCE ACTIVITIES 23
6 OVERSIGHT OF INTELLIGENCE ORGANIZATIONS 31
7 SECRECY PROTECTION ...................... 35
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Section 1. Purpose, e. purpose oL, this Order
is to establish policies to .i.,-,prove the quality of
intelligencer needed for nationaL security, to clarify
the authority and responsibilities of the intelligence
departments and agencies, and to establish effective
oversight to assure compliance with law in the manage-
ment and direction of intelligence agencies and depart--
meats of the :national government-
Sec. 2. -Definitions. For the' purpose of this
ILLEGIB
Order, unless otherwise indicated, the following -terms
shall have these
:.eanix:gs:
(a), Intelligence means:
(1) For_eignintell._g pce which weans informa-
tion, other than foreign countLerintelligence,? 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.
National -
(b) Intelligence Community refers to the following
organizations:
(1) ..Central Intelligence Agency;
(2) National Security Agency;
(3) Defense Intelligence Agency;
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(4) Special offices within the Department of
of Defense for the collection of
specialized intelli ence through
reconnaissance: programs;
(5) Intelligence elements of the military
services;
(6) Intelligence element of the Federal.
Bureau of Investigation;
(7) Intelligence element of the Department
of State;
(8) 'Intelligence element of the. Department:
of the Treasury; and
(9) Intelligence element of the Energy
Research and Development AdninistraLion.
'(c) Special activities, in sum)ort of national
foreilicv 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 IntelligenceProgram 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 Cryptologi.c 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
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FEDERAL REGISTER, VOL 41, NO. 34-THURSDAY, FF&RUARY 19, 1976 -
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1? vir~ction of -iion:,Z
Intelligence IzaLio ;.
~l) The National Security Council was
established by'the National Security Act of 194'1 to-
.advise-the President with respect to the integration
.of-:dornestic,;foreign, and-military policies relating
to the-..national security. Statutory inanhers of the
National. Security- Council _are
the Presi-dent, the Vice
President;' the Secretary of State, and the Secretary
of Defense-
(Z) Amynits'responsibilities, the National
Security Council shall provide guidance and
to: the development., and formulation E.
fence activities
direction
national
(3).. ?.Thc-National Security Council
intelli- -'_`
conducL?..a semi--annual review of intelligence
policies
- .. , Y.
and of ongoing special activities in support of
national
Foreign' Policy.-objectives,
These- review
as shall con--
sider the, needs of uses of intelligence and the
? timeli-
ness
and
alit ]l ? 4~:- _.,..
Bence products' :~~_ti?r~ ~~
and the con-
aPPropriateness of
or national Foreign: policy Objectives The National..
Security Council all. consult with the Secretary of
the Treasury and such other users. Of intelligence as
designat
d
e
byth
~e President as
part of these reviews.
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STER, VOL 41, NO. 3-1-7
? NUfiSDAY, FEBR~1[1,RY 17, 1976 - ?_ " - .0"
(a) National S~eurit Council.,
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ILLEGIB
(b) Committee on Foreign Intelligence.
(l) 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 DCI, who shall be the Chairman; the Deputy
Secretary of Defense fer-latelligenee; and the I)e rrty Assistant
to the President for National Security Affairs. The CFI shall
report directly to the National Security Council.
(2) The CFI shall. (i) direct and control budget
preparation and resource all_ocationfor all National Foreign.
Intelligence elements and develop a consolidated National
Intelligence Program Budget for submission to the NSC and
the OMB for Presidential action. The CFI shall conduct. periodic
reviews to ensure that the activities of the National Intel-
ligence program are being executed in accordance with appropriate
legislative and executive. guidelines and restrictions.
(A) The CFI shall, prior to submission to the
National Security Council and the Office of Management and Budget,
conduct an in-depth review, and prepare supporting justification
for all emements of the consolidated National Foreign Intelligence
Budget.
(B) The CFI shall also adopt rules governing the
reprogramming of resources within the national. intelligence
budget, including defining; criteria to be applied to proposed
actions requiring prior approval of the CFI.
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ILLEGIB
(ii) Establish policy priorities for the collection and
production of national intelligence.
(iii) Establish policy for the management of the National
Foreign Intelligence Program., and issue annual planning and
resource j-ui_dance.
(i rovi_3e_ guidance on the relationship between tactical,
and national intelligence, --however; -neither-the-DGl-igor-the -CFI
shall -lave-respensibility.-frr-tiaeticaI and review tactical
intelligence prams and initiatives in the context of national
Foy eignIntelYl ence programs to assure coordination where
warranted and to address the overall balance of resources
devoted to all intelligence activities.
(v) Provide continuing guidance direction to the Inte:Lli.-
and special stuff rg Daps as it deems appropriate to ensure
consultation with members of the Intelligence Community on
and in depth review of policies and guidance issued pzomuiat_ed
gence Community in order to ensure compliance with policy
direet.ions of the NSC.
(3) The CFI shall, be supported by the Intelligence
Community staff headed by the Deputy to the Director of Central
Intelligence for the Intelligence Community.
(4) The CFI shall establish such subcommittees
by the CFI.
(5) Decisions of the CFI may be reviewed by the
National Security Council upon appeal by the Director of Central
Intelligence or any member of the National Security Council.
(c) The Operations Advisory Gr_ of p.
(1) There is established the Operations Advisory
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Group (hereinafter referred to as the Operations Group), which
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shall be composea of the Assistant to the President for National
Security Affairs; the Secretaries of State and Defense; the
Chairman of the Jo;i,nt Chiefs of Staff; and the Director of
Central Intelligence. Tl"he Chairman shall. be designated by the
President. The Attorney General, and the Director
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If
of tFt Office of t?lanagement and Budget or their repre-
sentatives, and others who may, be designated by the
President, . shall ttend all. meetings as observers.
(2) The.Operations Group shall (i) consider
and develop a policy recommendation including any
dissents, for -the President prior to his decision on
each special-:activity in`sunoort of national foreign
poi.icy Oojectzves..
(ii) '-Conduct periodic reviews of programs prev.i
ously considered by the Operations Group.:
(iii) - Give
-gence 'collection
approval for specific. sensitive intelli-
operations as desk aced by the Opera
tions Group.
(iv)'Conduct-periodic"reviews of ongoing sensitive
intelligence collection operations.
(3.) The operations Group shall discharge
and'(c)of this section only after' consideration
in a formal'. meeting attended by all members and observers;
or, in unusual.. circu.-nstances when any member or observer
is unavailable, when a designated representatives of
the responsibilities assigned by subparagraphs' (c) (2) (i.)
the member or observer attends.
(4)-"The staff of the National Security Council
shall provide Support to the Operations Group.
(d) Director of Central Intellignce.
(1) The Director of Central .1'ntelligence,
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ILLEGIB
pursuant to the National Security Act of 1947, shall be
responsible directly to the National Security Council and
the President. He shall:
(i) Be responsible for oversight_of the national..
intelli enc,e program 'and. chair the CFI.
(ii) Act as executive head of the CIA National Intelligence
Community including the CIA and the national Intelligence
Community staff.
(iii) Ensure Direct the development and submission of a
budget for the National Foreign Intelligence Program. to--the
activities in support of national foreign policy
(iv) Act as the President's primary adviser on national
foreign intelligence and provide him and other officials in
the Executive Branch with foreign intelligence, including
National Intelligence Estimates; develop and set national
intelligence 'requirements and priorities; and supervise production
and dissemination of national intelligence.
(v) Ensure Direct appropriate implementation. of special
objectives.
(vi)_ Establish procedures tca 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 res onsib
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within the United states shall be limited to:
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Pro ec ion y ~.: P1 <
of persons or organizations, presently or formerly
under contract with--the Agency;.
disclosure by present or former employees of the
Central Intelligence Agency or persons, or employees
direction._
(];) providing leadership, guidance
and technical assistance to other government depart-
national
ments and agencies perforrai'ng4fnreign intelligence
(C) in cases involving -serious or?con-
tinuilxg security violations, recommending to the
2lttorney General that the case be referred to the Federal -
Bureau of Investigation for further investigation.
(viii.) Establish a vigorous program to downgrade
and declassify foreign intelligence information as
appropriate and consistent with Executive Order No.:.11652.
(ix) Ensure the existence of strong inspector
General. capabilities in all elements of the Intelligence
Community and that each Inspector General. submits .
quarterly to the intelligence oversight Board a.-report
which sets forth any questionable activities in which
that intelligence organization has engaged -or..is engaged.
(x)
Ensure the establishment, by the Intelligence
Community, of common security standards for managing
and handling foreign intelligence systems, information
-and products, and for granting access thereto-
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FEDERAL REC,ISTER, VOL 41, NO. 34--THU65DAY, FEKRUARY 19, 1976
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(xi) Act as the principal spokesman to the Congress for
the Intelligence Community and facilitate the use of foreign
intelligence products by Congress.
(xii) Promote Direct the development and maintenance by
the Central Intelligence Agency and other National Intelligence
entities where warranted of services of common concern to the
Intelligence Conunu.nity organizations, including mu7.ti-discipline
analysis, training, communications and security standards
national level intelligence products, and a national
current intelligence publication.
(xiii) Establish uaiforri criteria for the identi_
ficaLion, 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":"
? (xiv)':'.Establish such committees of collectors,
producers and users of intelligence to assist in his
conduct.-of-his responsibilities as he deems appropriate.
(xv).. Consult- with users and producers of intelli-
gence, including the Departments of State, Treasury,
and Defense,.the military services, the-redei?al Bureau
of Investigation, the Energy Research and Development.
Administration, and the Council of Economic Advisors,
to ensure ? the timeliness,relevancy and quality of
the intelligence, product
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supervision and direction of the National Intelligence Community, the
three positions of'Deputy to the Director for Central Intelligence
are hereby established. These duties may include, but shall not be
limited to 1) the coordination and assessment of the analysis,.---Qvalua Lion,
production and dissemination of national intelligence; 2) the review of
proposals for, and the monitoring and direction of, U.S. clandestine
.human collection and special activities in support of national foreign
policy objectives, and coordination of U.S. counterintelligence activities;
and 3) the planning, development, and management of U.S. technical.
collection systems.
(3) ;to assist the Director of Central.. Intelligence in the super-
vision 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./"'
(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. Re n _ nformation requested by the DCI shall be ov. ded, and the "J 'J
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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THE 1'? 51DENT
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to national security. All. _;uc:h classified instructions
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-enforceruent-
responsibility.of any department or agency..
(a) Senior officials of the Intelli once Cormunity
The senior officials of the Cl,%, Departments of State,
Treasury and Defense, ERDIA. and.-the -FBI' shall ensure
that,. in discharging the duties and responsibilities
enumerated for their organizations which relate to
foreign intelligence, they are responsive to,the'needs
of tha President, the National Security Council aid
other elements of the Gov'ern4,ent_ In carrying out their
duties and responsibilities, senior officials shall
ensure that all policies and directives relating to
intelligence activities are carried out in accordance
with-law and?this-Order, including Section.5, and shall:
(1) Make appropriate use of- the capabilities -
of,the other elements of the Intelligence* Community in
order to achieve. maximum efficiency.
(2)-.Contribute in areas of his responsibility
to the national intelligence products produced under
auspices of the Director of Central Intelligence-
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s~~vYw;i
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(3) Establish internal p-l.icies and guide-
lines governing employee conduct: and ensuring that
such are made known to, au-id-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 lnforwa--
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.
(G) Furnish to' the Di_rector of Central Intei_li
gene e, the CFI, the Operations Group, the President's
Foreign Intelligence Advisory Board, and the .Intelligence
Oversight Board all of the information required for
the performance of their respective duties.
(7) Participate, as appropriate, in the
.provision of. services of common concern as directed by
the Director of Central intelligence and-provide other
departments and agencies with such mutual assistance
as may be within his capabilities and as may be required
in the interests of the intelligence Community for-.
reasons of economy, effectiveness, or operational
necessity.
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FEDERAL RFGISTEr, VOL. 41, NO. 34-THURSDAY, FEBRUARY 14, 1476
 THE' PX DENT
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(8) Protect i.ntelli _nce and intelligence
sources and methods within his d_partment or agency,
consistent- with policies and guidance of the Director
of Central intelligence.
(9) Conduct a continuing review of all classi-
fied material originating wit: in his-organization and
promptly-declassifying such material. consistent with
? 'Executive. Order No. 11552, as amended.
(10) Provide,`dmLriistrat.ive and support. functions
rcequired. by his departs =nt or agency.
(b) The Central Intollic_ence AcTeijcv-.. 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 194.9, as `,.ended,
and other laws, regulations, and directives, the Central
Intelligence Agency shall:.
under the direct onl f the' DCI
(l) Traduce and di_ssemi.nateA fn .e li
genc.a'relating to the national security, including
forei gTL?=political; . economic,- scientific, technical,
military; 'socialogical,and .geographic intelligence,
Government.
(2) Develop and conduct programs to collect
political, economic, scientific, technical, military,
geographic, and sociological information, not othorwi_se
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FEDERAL REGISTER, VOL. 41-140. 34 THURSDAY, FEBRUARY 19, 1976
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accordance with directives of the National Security
Council.
(3) Collect and produce intelligence on .
foreign aspects of international terrorist activities
and traffic in narcatics-
(4) ; Conduct foreign counterintelligence
-activities outside the United States and when in- the
United States in coordination with the FBI, subject
to the approval of the Attorney General.
(5) Carry out such other special, activities
in .support of n4ta.onal 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
iradio and television broadcasts -and foreign pres's
services, collection of foreign intelligence i.nforma--
tion from cooperating sources in- the United -States,
--acquisition and translation of foreign-publications
and photographic interpretation.
(7) Carry out-or contract 'for-research,-
development and procurement of-technical systems and
devices relating to the functions authorized in this
subsection.
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1. G
activities, information and pe.sannet. In order to
maintain this-security, the CIA shall conduct such izivesti-?
gations of. applicants_ employees, and other persons with
similar..associations_with. the CIA as are necessary-
(9) Conduct air., inistrative, technical. and support
activities,i.n -the United:States
sary to .perform
Protect the sFcarity?of its installations,
or abroad as. may be neces--
the _.fu_ctions described in paragraphs (1)
through ._(8) ,.above,
including procurement, maintenance
and transport; communications
rccruitment and- training;' the
and data processing;
pz:.ov~ ion of personnel,
financia.i.-and medical services;. development of essential
cover and proprietary- arrangements;, entering into con-,
tracts and arrangements with. appropriate private companies
and institutions to provide classified or, uncl.assifi.ed
rosearch,.,analytical and developmental services and
specialized expertise;. and entering into similar arrange-
ments with. academic.institutions, provied.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,
politica3--military,-socialogical,_cconomic,. scientific,
technical,.and associated biographic .information I
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KDERAL kEGISTER,-VOL_ 41, No. 34--THUAgn1v gency (whose functions,
authorities and responsibilities are currently publicly
-assigned by Department of Defense. Directive No. 5105.21)
to;
(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 agenca,es.
(B) Coordinate all Department of Defense
intelligence. collection requirements and manage the
Defense Attache system.
Under the direction of the DCI,
(C) A 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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FEDE'.AL REGISTEC, VOL 41, NO. 34-THURSDAY, FEHROARY 19, 1976
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(D) Review and maintain cognizance over
all plans, policies and procedures for noneryptelegie intelli-
gence functions of the Department of Defense.
(E)_? Provide intelligence staff support: as
directed by the Joint Chiefs of Staff.
[NOTE: Section (ii) The National Security Agency. moved
to page 21, Section (f.) ]
(iii) Special offices for the collection of specialized.
intelligence through reconnaissance programs, whose functions,
authorities, and responsibilities shall include:
(A) Carrying out consolidated national programs
for reconnaissance in accordance with DCI and NSC directives.
(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.
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 ILLEGI
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(f) The National Security Agency. ~ltoss-fu iet+e:~s; -autiiar-
itties-and-resper~sil~il hies-shat inel tide The Director of the
National Security Agency shall:
(A) Establishment and operateion 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.
(B) Exercise control over signals intelligence
collection and -processi.ng activities of .he. Government, delegating
to an appropriate agent specified resources for such. periods
and tasks as required for the direct support of military
commanders .
(C) Collection, processing, and dissem.inateion of
signals intelligence in accordance with objectives, requirements,
and priorities established by the Director of Central Intelligence.
(D) Disseminateien of signals intelligence to all
authorized elements of the Government, including the Armed
Services, as requested.
(E) Serve ing-?ander-the -Seer-etary-of--Defens e as the
central communications security authority of the United States
Government.
(F) Conduct of research and development to meet the
needs.of the United States for signals intelligence and
communications security.
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LnerM!Fesearchand D-=vel.opment Administration_
The Administrator, of t'lc Energy Research and Development
Administration shall:
(1) Produce intelligence .required for-the
execution of his responsibilities and the mission of
the Energy Research and Develoo;nent'Administr_ation, herein-
after referred to as ERD,, including the area of nuclear
and atomic energy.
(2) Dissefainatc ucn i_ritcll.igence and provide
technical and analytical expertise to o;_ her Intei).igenca
Com:nunity organizations and be responsive to the guidance
of the Director of Central Intelligence and tha Committee
on.Foreign intelligence.
(3). Participate with other intelligence Comsnun1 y
agencies and departments i,-i formulating collection require-
ments where its special technical expertise can contribute..
to such collection req?uirenents_
(tY) the Federal Eurcau of Investi.~atio Under
the super-vision. of the.Attorney General and pursuant to
such regulations as the Attorney. General may establish,
? the Director of t e 'FDI shall.
Approved For Release 200.4/05/13 : CIA-RDP91 M00696R000100010008-7
 Approved For Release 2004/05/13 : CIA-RDP91M00696R000100010008-722a
(1) Detect and prevent espionage, sabotage, sub-
version, and other unlawful activities by or on behalf of
foreign powers through such lawful counterintelligence
operations within the United States including--el-eetrenic
surveillaxee, as are necessary or useful for such purposes.
(2) Conduct within the United States and its
territories, within the limits established by Constitutional
and statutory law and when requested by officials of the
Intelligence 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 intelligence collection.
requirements of other intelligence agencies.
Approved For Release 2004/05/13 : CIA-RDP91 M00696R000100010008-7
 23
Approved F(iRekeatk 4Q05k9 :nCLi6RDR90jMD869S t0A64OQQ10008-7
means within the United States anc: its territories when
requested by officials of the Intelligence Co: mu.nity
designated by the President to make such requests.
, anal ?Lawfki1.,
.(4) Disseminate, as appropriate, foreign
intelligence and counterintelligence information which
it accuires to appropriate Federal agencies, State and
-local- law enforcement agencies and coo;.erati.nq foreign
r- governments.
(5) Carry out or contract for research,
development and procurement of technical systems and
devices relating to. tlie. functions 'authorized' above-
Sec-'5. Restrictions on Istell icence Activities.
Ipformation about the capabilities, intentions and
activities of other governments is et3ential 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 prcper
balancing of these interests.. This section of this order"
does not authorize any activity not previously authorized
Apprgy,f9rlp ?404/005113TNCl-~~2DP9~ M0 0696R000100010008-7 19, 1976
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and does not provide exemption from any restrictions otherwise
applicable. It does not authorize the collection b an forei n
intelligence ag_en of any information which is not foreign
intelligence orforei n counterintelligence informarion.
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) De[initior.s_ ,s used in this section of this
Order, . the following tor Ms- shall have the meanings
ascribed to mein below:
(1) "Collection" means any one or more of
the gathering, analysis, dissemination or storage of
non-publicly available inforina`i.on 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
(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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'irfi :~?
 Approved Fo~iielease 2%bWI OeAA~ :1CIi4'-~2bVJ1 10860461 866f66M%b8-7
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
ill the collection of foreign intelligence or. counter-
intelligence, but shall not include any such department,
.agency or component thereof to the extent that it'is
engaged in its authorized civil or criminal'law enforce-
ment functions; nor shall it include in any case the
Federal r-3ureau 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. -
.ApproverdDFOO TiS&ev2GO4/0&13 QIARRIDP91lMO4690RO8O100010008-7
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(9) "United States p-c-i?son" means United
States citizens, aliens ,10-aittcd to the United States
for permanent residenc9 and Co orations or other organ-
izations incorporated or organized in the United States..
(b) Restrictions on Collection, Foreign intelli-
gence agencies shall tree- e :gage in any of the follow-
ing activities:
T
(1) -Physical surveillance directed against a
United. States person, unless it is a lar?rful surve'.iIlan ce
conducted pursuant to procedures approved by the ;-lead
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. he extent necessary to identify
such United States person; or
(iii) a United States person o