PROPOSED REPLACEMENT FOR EXECUTIVE ORDER 11905

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-00473A000200110007-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 77
• Document Creation Date: December 12, 2016
• Document Release Date: November 16, 2001
• Sequence Number: 7
• Publication Date: August 17, 1977
• Content Type: MF

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-AUG 1971
MEMORANDUM FOR: Deputy Director for Operations
Deputy Director for Intelligence
Deputy Director for Science & Technology
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
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 genera}.
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-17 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,
DD/A Registry
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and establishes the National Intelligence Tasking Center and the 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 1,
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 lour
comments be forwarded as soon as possible in any event.
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q `7
GGc 77- s ` f
August 1977
STATINTL
STATINTL
MEMORANDUM FOR JACK BLAILE, CIAO ' ' `"
HAROLD. SAUNDERS, STATE
LTG WILLIAM Y. SMITH, OJCS
EDWARD GILLER, ERD.A
THOMAS LEAVITT, FBI
FOSTER COLLINS, TREASURY.
MG HAROLD AARON, ARMY
RADM D. P. HARV EY , NASTY
MG JAMES L. BRONN, USAF
SUBJECT; Revised Executive Order 11905
Attached is draft of the Executive Order to implement Presidential
Directive I:SC1.7 on intelligence reorganization, The draft was put
together by a :;Y x:R.L.work.irig group in which Deanne Siemer, John Morrison
and the uadetsigned represented Defense and the DCI,
A Meeting of all addressees is scheduled for 1530 hours, Thursday,
18 August 1977, at the Co unity Headquarters Building - STATINTL
to discuss the proposed Executive Order,
?\Jp ,n. ., bl:4'Mahon- Daniel. J. Murphy
Central Intelligence for the Director of Policy Review k
Intelligence Co-.-.---.-- -alts Office of the Secretary of Defe use
1 Attachra ant
a/s
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"` ,-fi:ng.De?uty to the Director of Admiral, USN (Ret, )
 DOD DRAFT
August 15 1977
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Executive Order
United States .Foreign Intelligence Activities
Description.
PURPOSE...................
DEFINITIONS........,,...,
CONTROL AND DIRECTION OF NATIONAL
INTELLIGENCE ORGANIZATIONS................
Center----- --------------------------
(f) National Foreign Intelligence
Board___ ___..------------------
(e) National Intelligence Tasking
(a) National Security Council-----T--------
(b) Policy Review Committee -------------
(c) Special Coordination Committee------.
(d) Director of Central Intelligence-----`
7
9
12
17.
4 RESPONS.IBI.LITIES AND DUTIES OF THE
INTELLIGENCE COMMUNITY ..................... 21
(a) PuY-pose_-___o 21
(b) Senior Officials of the
Intelligence Community ------------- 22
(c:) Central Intelligence Agenc_y------------ 23
(d) Department of State--------------- 26
(e) Department.of the -Treasury--_..._.__---- 27
(f) Department of Defense --------_---- --------------- 28
(g) _Dep4rtrnent of Ener y~-?_ 32
(h) Federal Bureau of ' Investigation------- . 33
i}. Drit Enforcement Administration------ 35,
5 RESTRrCTIONS ON INTELLIGENCE ACTIVITIES-- 35
(a) Purpose----------------------------- 35
Restrictions on Collection----------- _ 36
, Zest? fictions on Experimentation------ 41
(d) Restrictions on Assistance to Law
Enforcement Authorities------------ 41
(e) Restrictions on Personnel Assigned
to O L-her Agencies------------------- 42
f..) Prohibition of Assassination-----_--- 43
(tJ) Dissemination and Storage- ---- -----
4.3
6 OVERSIGHT OF INTELLIGENCE ORGANIZATIONS.. 43'
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? ENABLING j OV_ISIONS.... . ................... 49
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THE PRESIDENT
(a) Electronic surveillance means acquisition of
a non--public co-.Lmunication by electronic means, without
the consent of a person who is .a party to, or, in the
Order-,M the following-- terms -shall have these meanings:
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
hereby ordered as follows:
.the.effectiveness of. counterintelligence activities r" to.
intelligence needed. for national security, to improve
is to establish policies to improve the quality of
Section 1. Purpose. The purpose of this Order
clarify the authority and responsibilities of.the Direc-
tor of Central Intelligence and the intelligence
depar rents and agencies, and. to establish effective
oversight to assure compliance with law in the manage-
accent and direction of intelligence. agencies and depart--
went, of'the federal government.
Section 2.. Defini..tion.s _ For the purpose of this
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-
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i:c.) Tntelligence includes:
went of the Intelligence Cominunit
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3
(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
(2) Foreign counterintelligence which means
information relating _to:
. (i) the protection of the United States
and United States citizens from espionage and other
clandestine inter lige'nce activities, sabotage,
tional terrorist activities or
in.tc rna-.
assassination conducted
, - organizations ' or
for or on behalf 'of foreign powers
. persons;, and
(ii) the protection of intelligence or
national security information and-its means of collection
from eletection or --disclosure, but not including personal,
physical or document-:security programs.
(d) Tntellicence~~Community and agency or agencies
within the intelli-gence Community refers to the following
organ: nations t
(1) Central Intelligence Agency (hereinafter CIA) ;
(2) National Security Agency (hereinafter
(3)
Defense Intelligence Agency (hereinafter: DIA) ;
(4) 9fflees 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) "gr_ jjcgi intelligence 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
The Consolidated Cryptologic Program;
The- offices within the Department of
Defense for the collection of specialized
national foreign intelligence through
reconnaissance programs;
General Defense Intelligence Program; and
Elements of the agencies within the Intelli
d-nr of Central Intelligence and the head of the
department or agency involved as operating
programs that are national in scope, in-
eluding national counterintelligence_
rograms, but not including tactical
intelligence programs.
(f) International terrorist activities means violent
acts or acts dangerous to human life, or threats of such
acts, transcending national boundaries, which appear to be
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(e) National Foreign Intelligence Program means
the programs of:
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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
publicity fora group or
obtain widespread
its cause, and includes acts
-directly supportive of such acts
(Cf )
National security information has the
meaning
ascribed to it in Executive Order No. 11652, as amended.
(h) Ph sical surveillance means an unconsented
systematic and deliberate observation by any means on a
continuing-basis, except for overhead reconnaissance not
di.r.ected.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 an1r
means not involving electronic surveillance,
C).. Sppeial. a ctivities in support of national -
foreiejx pOliy objectives means: act ivities, other than
the collection and production of intelligence and related
suppor-4 functi_o-ns, which are designed to further offic_-al
United States programs and. policies abroad and which are
planned and executed so that the role of the United States
Govern::.nent is not apparent or publicly acknowledged.
(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 tie na. F but
 not including an unincorporated association or a corpor--
ation c'.irected and controlled by a foreign power or an
agent or agents of a foreign power.
Section 3. Control and DirE_ctiori of National
xntellgence Organizations.
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
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(a) National` Security .Council.
(1) The National Security Council was
.established by the National Security Act of 1947 to
President, the Secretary of S 'at
of Defense.
(2
and the Secretary
The National Security Council shall.
(i) Provide guidance for and direction
to the development- and formulation of national - intelli-
gence activities-;
with. , resp ect to the transfer of functions from the Director
of-Central, Intelligence to the Secretary of Defense when
(ii) Make recommendations to the President
a change from peacetime occurs
and with respect to other
matters affecting the organization of national intelli-
gence activities; and
(iii) Conduct a semi-annual review of national
intelligence polica.nd of ongoing special activities
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(3) The National. Security Council shall
establish such subcommittees or advisory committees for
policy review or coordination as it diems 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) PolIc:Y R'e-V-i'ew. Committee
(1) There is established the Policy Review
Committee which shall be composed of the 'Director of
Central intelligence, who shall be 'chirrman,
the Secretary 'of State, the Secretary of Defense, the
Secretary of the. Treasury, and the Assistant to the
President for National. Security Affairs, or their
designees, and such other : ?epresentatives of other
Executive -departrents--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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(ii?i) 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 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
the needs of :user.; of national irite l. _igence 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._Na:tional. 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 'Secretciry 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 her designees
:and-others designated.by the President. may attend all
meetings as observer's The Special Coorda.znation Committee
shall report directly to the National Security Council.
(2) The Special Coordination Committee shall,
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-
., .programs previously considered by the Special Coordination
(iv) Conduct periodic reviews o
ted'by the Special Coordination Committee;.
Committee and of ongoing sensitive national
collection operations; and
(v)
intelligence
National Security
Council a semiannual report on activities
ySpecial Coordination Committee.
(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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 "imp1er ~.0 ~tFi14r q~ 2 fST~u 2D?~18~-0? it p1102 kk0 -5~nd
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 ax y specific national foreign
counterintelligence proposal or activity which. involves parti-
cularly sensitive or important national policy or political
factors.
(4) The Special: Coordination Cormi_ttee shall dis-
charge the responsibilities assigned by subparagraphs (c) (2) (i)
and (c) (2) (iii) o:E 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
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(d) The Director of Central I n tel l i nce
(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.
a
(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 wi't.hi national foreign.
intelligence:.
(ii) Act as Executive Head of the CIA and of such
staff elements_as, may be required for discharge of his
Intelligence Corrinuni.ty 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
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
manner,
(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
consolidated National Foreign Intelligence Program budget
and present it to the President through the Office of
Management and Budgeto
(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
monitor National Foreign Intelligence Program imple-
mentation and may conduct, as appropriate, program
audits and evaluations.
(vi) Develop, from the requirements and priorities
established by the Policy Review Committee, appropriate
goals, objectives and such other guidance for-the Intelli-
gence Cormnunity-as will enhance capabilities to respond
- 0:o expected future needs for national foreign intelligence.
(vii) Have-full responsibility for production and
d issemirrat.ion of national foreign intelligence, in
appropriate consultation with departmental intelligence
production-organizations, and have authority to levy
analytic tasks on such organizations.
(viii) Organize and direct the activities of the National
Intelligence Tasking Center.
(ix) Promote the development and maintenance of services
of common concern by designated foreign intelligence organiza-
tions on behalf of the Intelligence Co munity.
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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.
'(xii) Establish a vigorous program to downgrade and
declassify foreign intelligence information as appropriate
and consistent with relevant Executive Orders, and with due
re and -to~p~rotecti on of sources and methods.
(xiii) Ensure that appropriate programs are developed
which properly protect intelligence sources, methods and
analytical procedures. This responsibility shall be limited
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 need for protection of i ntel l i genre
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 syystems,'information and products,
and.for granting. access thereto in accordance with relevant
Executive Orders.
.Lxvi_)_.`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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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
foregoing responsibilities.
relevant Executive Orders.
(4) To assist the Director of Central Intelligence in the
fulfillment of responsibilities assigned to this Order, the heads
of all Executive Branch departments and agencies shall give the
Director o F Central Intelligence access to',all information
relevant to the foreign intelligence:-needs of the United States,.
The-Director-of-Central Intelligence shall take appropriate steps
to maintain its confidentiality.
Center.
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(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
(ee) Pull onal In tel l i ence Taski nq Center
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`E8
(i) Translates the national foreign intelligence
requirements and priorities developed by t-he Policy
Review Committee into specific-collection guidance to the
W)_he National Intelligence Tasking Center shall be the
central mechanism by which the Director of Central Intelligence:
Intelligence Community.-
(ii) Assigntasks to all national intelligence
collection systems;-
(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 colictio of national-.foreign intelligence information
to departments andagencies that have information collection
capabilitiesor intelligence assets that are not a part of
the National Foreign Intelligence Program,. Particular
emphasis 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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 Approved For Release 2002/01/08: CIA-RDP80-00473A000200110007-5 .19
(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 designated 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
responsi rector of Central Intelligence with
l~il~iti~}s of the D:. v
respect to the National Intelligence. Tasking Center may be
transferred to the Secretary of Defense. upon the express direction
of the President.. To maintain readiness for such transfer, the
Secretary of De6fense shall, on regular and appropriate
occasions as jointly 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,
6 'Deputy Director of Central intelligence, and the
senior intelligence officers. . of the Department of State,
the Department of Defense, the Defense intelligence
Ancthe National Security Agency, the Department of
Energy,, the Federal Bureau of Investigation, and the T'^
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 of-Central intelligence with
respect to
(i) the- National Foreign Intelligence
Programer- 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. Responsibil ities and Duties of the
Intelligence Community.
(a) Purpose. The rules of operation prescribed
by this sec Lion of the Order, relate to the activities
of the Intelligence Community. In some instances,
detailed implementation. of this Order will be
contained in classified documents because of the sensi-
tivity of the information .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.
Nothincr 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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(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:
{l) Be responsive to the needs of the President,
the National Security council and other elements of the
Ut Stages Government.
(2) Be responsive to budgetary and collection
tasking by the Director of Central intelligence for
national foreign intelligence purposes.
ro. { 3) Ensure that all policies and directives
relating to foreign intelligence and foreign. counter---
intelligence acti.vi.ties 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 identi.fy,.inspect and report on unauthorized
activity.
(8) Report to the Attorney General criminal
violations of federal law by any person, including an
x *t
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
n,nArtl -F-,e information required for the performance of
their- respective duties
(10) Participate, .'as appropriate, in the pro-
vision of services of common concern as directed by the
Eirectar of Central Intelligence.
(11) Protect intelligence and intelligence
sources and methods consistent.with policies and guidance
of the 'Director of Central intelligence
f191 Carry cut programs to downgrade and
declassify foreign intelligence information as appropriate
and consistent with relevant Executive Orders.
(c) The Central intelli once. 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.
Security Act of 1947, as
As authorized by the National,
amended, the CIA Act of 1949,
as. amended, and other laws, regulations, and directives,
the CIA shaft:
(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
(2) Develop and conduct programs to collect
States Government..
polit-cal, 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
.the United States and coordinate: foreign counterintelligence
activities of other agencies within the Intelligence Community
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foreign aspects of international terrorist activities
and traffic in narcotics.
(4) Conduct foreign counterintelligence outside
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(5) Conduct foreign counterintelligence
activities within the United States in coordination with
the FBI subject to the approval of the Attorney General.
(6) Carry out. such other special activities
idsupport 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 Community.,
services of common 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
subsection.
(9) Protect the -security of its installations,
activities,-- information--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..
(10) Conduct administrative, technical and
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 '~4zapcprovp~~p(i4~t21 i~P8~~~4Q~0A~5
 (d),;-The Department of State.
The Secretary of
(1) Collect, over.tl_y, foreign political,
political-military, sociological, economic, scientif _c,
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 United _..States Government.
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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.
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(4) Disseminate within the United States
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 consistent
with United States foreign policy.
(6) Transmit reporting requirements of the
Intelligence Community to the Chiefs of United States.
(7) Contribute to the Intelligence Community
guida . nc:e 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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28
(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 "cif Defense.
(1) The Secretary of Defense shall:
(i) Collect foreign military intelli-
gence- information as well
..intelligence information,
as military--related foreign,
including 'scientific,
technical, political and economic, information as
.xerluir,ed for .the execution--of the Secretary? s
~. _._
respor.Lsibi_l ities;
(ii) Be responsive to tasking by the
Director; of Central Intelligence for national foreign
intelligence purposes;
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29
(-?ii) 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--
rents ;
(v)
Direct, operate and provide fiscal
management for the-National security Agency, and national,
defense and military intelligence, and reconnaissance
entities-as required;
(vi) :Conduct, as the executive agent of
the United States Government, signals intelligence
t., Y except as other-
-activities and communications securi
wise approved oved bY: the_ National ;^Security Counc~.l ; (vii) Provide for the timely transmission
of cri-tical intelligence, as defined by the Director of
Central Intelligence, within the United States Government; and
(viii) Conduct foreign counterintelligence-
iv _ties worldwide in support of Department of Defense
components, in coordination with the FBI in the United
States and in coordination with the CIA overseaso.
(2) in carrying out these assigned responsi-
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utilize the following:
U) The Defense Intelligence Agency
whose functions, authorities and responsibilities.
(currently publicly assigned by Department Of Defense
Directive No. 5105.21)sincludeo
(A) Production or arovisiorr of
military intelligence for the Secretary of Defense,
the Joint Chiefs of Staff, other. Defense components,
and, as appropriate, non-Defense agencies.
(B) Coordination. of all Department
of Defense intelligence collection requirements"
(C) Management of the Defense
Attache system,.
(D) Provision of intelligence
staff support as directed by the Joint . Chiefs of Staff.
(ii) The National. Security Agency, whose
functions, author--ities and responsibilities shall include:
(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
(13) 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
xequired for the'direct support of military commanders
(C) . Endure 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 Services..
(E). Operation, under the Secretary of
Defense, of the central communications communications security authority
of.. the United States Government
(F) Conduct of research and devea_op-
-ment to meet the needs of- the United States for signals
intelligence and communications security.
(iii) Special offices for the collection of
specialized intelligence through reconnaissance programs
whose functions, authorities, and responsibilities shall.
include: -
(A) Carrying out reconnaissance
programs for specialized intelligence in accordance with
tasking by the Director of Central intelligence through
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_ihe Dl iczn_z-~.__ [n.te ~g c~' zing center.
 Approved For Release 2g2l01/(Ri~IWOg,QIQ7 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
with the CIA.
(B) The conduct of foreign counter-
intelligence activities in support of Department of Defense
components in .-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 De artment of Energy
The Secretary of Energy shall:
(1) Produce intelligence required for the
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execution of the Secretary's responsibilities and the-
mission of thew 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 bf 'Inve'stigation. Under
the supe:visiorj of the Attorney General and pursuant to
such :cequlat_ions as the Attorney General may establish,
the Director of the.FBI shall
(1) Detect and-prevent-within- _the United
States and its territories and, in 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 r
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-?
qence collection requirements of other encies 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 Intelligence
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 Direct=_of-- Central Intelligence, cooperating
foreign governments.-
(5) (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 responsibil: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.to .the functions authorized above..
(~)
The Drug' Enforcement Administration. Under
the supervisionof the Attorney General and pursuant to_
such regulations as the Attorney General may establish,
the Administrator of DEA shall:
(I) 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 generalforeign economic,.
:agricultural, and political. information relating to
narcotics activities
(3) Coordinate with the-Director of Central
Intelligence to ensure that foreign narcotics intelli
fence acts vi dies are consistent with _ fore n ark Le Tligence
policy.
Section 5. . Restrictions on 'Intel'l-igence Activities..
4;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 Exec iti.ve
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
lays of the United States.
b) I es_tr. ictti'sison Co:Llectian m Agencies within
the Intelligence Community shall not engage in any of
the following activities for the purpose of collecting
-foreign intelligence (--)r foreign counteri..ntel.ligence
(1) Unconsented physical surveillance directed
against a United States person, unless it is a la iful
surveillance conducted pursuant to procedures approved
by the head of the agency and directed against any of
the following:
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) 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 contractor
.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 exttent necessary to
identify such United States- person; or
a-United States person outside the
United States who is reasonably believed to be acting on
beha f of -a foreign power or engaging in international
terrorist- or narcotics activities or activities threa.-tenincr
the national, security.
(2) Unconsentcd 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 procedures approved by the
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38
Attorney General an_ romulq_atd by the Director of
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)
(3)' Unconsented physical searches' within. the
under procedures approved by.the'Attorney General and
promu_Lated by the_ Director of Central Intelligence.
including the'prov.sion to the FBI of technical assistance,
expert capability and knowledge'and to test. equipment
United States:.; or unconsented physical searches di_rebted
against United States-persons abroad, except lawful
searches under procedures- approved by the Attorney
General "and promulgated by the Director of Central
Intel.:l.:igenco.
(4) opening of mail or examination of envelopes
of mail in United States postal channels except in accord-
ance with applicable stat-utes 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 ihembers; 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 power; and except
reporting on members of organizations who are - reasonably
believed to be 'potential sources or contacts, but only
for the purpose of determining whether: the 'person is a
desirable source 'or contact.
Collection, .dissemination and storage
non-2ulicly available'information, however acquired,
concerning the 'activities of United States persons within
the United States except:
(i) information concerning corporations or
commercial organizations which constitutes foreign
intelligence or- foreign counterintelligence,
(ii) information concerning present or
former employees, includingemployees 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 con'tractincT,
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
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are reasonably believed to be potential source con acts,
 but only for the purpose of determining the_ suitability
or credibility of such persons;
(1v) foreign intelligence or foreign
counterintelligence 'gathered abroad or from electronic
surveillance conducted in compliance faith Section 5(b)(2);
or foreign intelligence 'or foreign counterintelligence
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40
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 danget to the
safety of a perso-, protected
Service; or
-activities
by the United States Secret
(vii.) information concerning persons or
that pose a clear threat to any facilities or
personnel of an agency.within the 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. f Aee cie_s_,
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) Restrictions' on Assistance` 'd-Law Enforcement
Authorities.
(1) Agencies within the Intelligence Comrm~tun~ty,
while engaged in the collection of foreign intelligence
or counterintelligence, shall not, except as expressly
authorized.by law:
(i) provide services, equipment, personnel
doft- orrr to state or local police. organizations of the
or-.facilities to the-:Law..Enforcement Assistance Administra--
(2) These prohibitions shall not app3-9-any
United States , '-or
(ii:i:)
withi-`-yt-he United States participate
in or fund any law enforcement activity. .
agency within the Intelligence Community to the extent
that it is engaged in its authorized civil or criminal
enforcement functions; nor shall it apply in any case t
law.
(3) These prohibitions shall not preclude:
(_i-) cooperation with appropriate law en-
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forceinen t agencies for the purpose or protecting the per-
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Community or preventing espionage or other criminal
activity related to foreign intelligence 'or- counter-
intelligence;
(i.j,) - 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;
(Iii) provision of specialized.equipment,
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. any federal or local law enforcement
agency? to enable it to investigate, prevent. or prosecute
.crimiral.activity.
(e) Restrictions on Personnel Assigned to Other
Agencies. An employee of an agency within the Intelli-
Community detailed elsewhere within the Federal
gence
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 succeasor.,.shall be informed of the detailee's
assoc.Lat.ion with the parent. agency.
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(f) Prohib'itic irf of Assassination. No employee of
the United States Government shall engage in, or conspire
to engage in, political assassination.
(g) ? Dissefl:nationi an age. Nothing in this
section of this Order shall prohibit:
(1) Lawful dissemination to the appropriate
law enforcement agencies of incidentally gathered infor-
mat.Lon indicating involvement in activities which may be
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 a
(3) Dissemination to foreign intelligence
agencies of information of the subject matter types
listed in Section-51b)(7)__-
Section 6. - Oversight 'of Intel. ligerice Organ.i7ations h
(a) There is. hereby 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 iron outside the Government and be qualified
on the basis of ability, knowledge, diversity of back-
ground and experience. No mein er 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 Intelligence Oversight Board shall:
() Rec:eive 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 'responsibilities for organizations within, the I.ntelli--
Bence Community .designed to discover and report to:the
Intelligence Oversight Board activities that raise questions,
of legality or propriety;
(.i.ii) Review periodically with-each organi.za--
Lion within the Intelligence Community internal organization
guidelines to ensure their adequacy;
(iv) Report periodically, at least quarterly,
to they 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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(1) . Transmit in a timely manner to the ntelli-
._ ecnce 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 activities, if
(3) Provide'to the 'Intelligence Oversight
Board information requested about activities within
their respective agenciesd
(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 xaise questions of legality or propriety,
(2) Instruct their. employees to cooperate fully
wi t14pptmed fcQr:RdJeapa72092A0,
8S, . }f tDPOOf.Od473A000200110007-5
 ! ', ~ e f
.(3) Ensure that Inspectors General and General.
Counsels of their (4artments or agencies have access to
any information necessary to perform their duties assigned
by paragraph '(b) of this section.
(d) The Attorney General shall;
.(I) Receive 'and consider reports from the
Intelligence ,Oversight Board..
(2) Report periodically, at least quarterly, to
the President with respect to activities of sthe 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 affectinc the operations
of the Intelligence Community.
(e) The Intelligence 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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Se:ct3.on 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 .he
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 anythreatened. 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 Di_cector 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. EnablirigProyi ~i:onsn
(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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 THURSDAY FEBRUARY 10, i37S
Approved b- ReJ 2002/01/08 : CIA-RDP80-00473A000200110007-5
PART' III:
TI-111E
PRESIDENI
UNITED STATE FOREIGN
IN LLU ENCE A TIV1 THES
Executive Order.11905
63-
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 ',r itle 3-The President
Februarv 18, 197G
By -virtue of the authority vested in me by the
Constitution and statutes of the United States,.includ-
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THE PRESIDENT
e
United States Foreign Intelligence Activities
TABLE OF CONTENTS
Description
PURPOSE.......... .......................
DEFINITIONS.................... ..... ?.??
CONTROL AND DIRECTION OF INTELLIGENCE
ORGANIZATIONS ...........................
~ b z_1 c~ ) V ~x "' C (b )
07i-r--_(c)
National Security Council------
Comr~*_-tee-ciz ~QZ?~;?T Tntlrigen~e`
Oae a -iorrs---Adviiso-ry--Group-----_--
Director of Central intelligence-
Page
2
4
5
6
7
INTELLIGENCE COMMUNITY ................... 11
.._ .-..:u;.;., ......,'.~ ........... .. ~ _tn: ?~. ...:t" :~ :~at~.cSri:- o:f,:?,'~ite`._I.ri~~1.~??:::43~ra&.,._
(b) Central Intelligence Agency------- 14
(c) Department of State -------------- 16
(d) Department-of the `T`reasury-------- 17
(e) Department of Defense----------- 18
pxpATZ ~jt;~ D3~~~~tGj n scc}x arrc3 E>evc ic~grnt
Admin-strst-io-n------------------- 21
(g) Federal Bureau of Investigation-- - 22
p~, G Ni~D c; 1=*' ~ .4bra )~a~SiI it )7DU ?---)
? 5 RESTRICTIONS ON INTELLIGENCE ACTIVITIES 23
Approved ff or Req#?ftaW/ , ; 'CIA-LRPP.$o:4R473AQQOZ.OJ J QQ07-5. 35
6 _.OVERSIGHT OF INTELLIGENCE ORGANIZATIONS 31
7 PROTECTION.p~T?:~LIG.. .......
ing the National Security Act of 1947, as amended, and
as President of the United States of America, it -is
hereby ordered as follows:
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THE PRESIDENT
Section 1. Purpose. The purpose of this order
is to.establish'policies to improve the quality
Intelligence needed for national security,
the authority and responsibilities of thentelligence
'See. 2? Definitions. For the ' purpose of this
Order, unless otherwise indicated, the .following-terms
departments and agencies, and to establish effective
oversight to assure compliance with law in the manage-'
pent and direction of intelligence agencies and depart-
ments of the national government.
- shall have these meanings:
'ignited States citizens: frcm foreign espionage, sabotage,
subversion, assassination or terrorism..
(2), Foreign counterintelligence which means.
(b) intelligence Community- refers to the following
organizations:
(I) Central Intelligence Agency;
(2) National Security Agency;
(3) Defense Intelligence Agency;
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(1) Foreign intelligence which means informa-P
Ion, other than foreign counterintelligence,gr the
capabilities, intentions and activities'of foreign
pgwers, organizations/ r their agents; and -
 Approv
(c) especial activities in supr~ort of national
foreicrn policy objectives means activities, other than
the collection and production of intelligence and related.
U,d,7Gh is
support functions,,, designed to further official United
;States programs and policies abroad which. axe planned and
executed so that the role of the United States Government
-Pxogram' and --of-the--deparrtrnents-anel??
g,gpnriQ5`._n t :LncJuding-tact- cal inte7l- igence-B desig>
natcsij;a tle._.C:oi= ,ttee-on-?Fore-ign-Tnte-1:1- genre--as-pa-rt
is not apparent or publicly acknowledged.
(d) National foreign Intelligence Program mans
the programs of the Central Intelligence Agency and the
`peen offices within the Department. of Defense- for -
the collection of specialized intelligence through recon-
:: to e -Cc o.i3'd t .rl Ci olo i rogram,
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(a) National Security Council..
(1) The National Security Council was
established by the National Security Act of 1947 to
aadvise 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
?resident, the Secretary of State, and the Secretary
of Defense.
(2) --t?L he National
Security Council shallsfprovide guidance and direction
to the.development and formulation of national intelli-
gence activities. conduct a semi-annual, review of'intelligence poli.c
a~nd of ongoing special activities in support of nationa
sider th`6,needs of users of inteigence anc'Ithe timeli
ness and qu)4ity of intelligence pro ucts and eke con-
inued appropri teness of special activities in sil port
Sec. 3. Control and Direction-of National
Xntelligence Organizations.
ational Foreig\ policy objectives.- ThNational _
See Council steal consult with the Secretaary of
the Treasury and such otli r users of intelligence as
Appt* fiatelssd-1G02104 c IA F 90O 3MbOM I'd88Y
f 1 nor h~ S nW Grate S` k~ S
ILLEGIB 1
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 Approved-For Release 2002/01 /08{ e1M00473A000200110007-5
Protect the security of its installations,
activities, information and personnel. In order to.
-maintain this security, the CIA shall conduct such investi-
gat..ions of applicants, employees, and other persons with
.similar associations with the CIA as are necessary.
Conduct administrative, technical and support
activities in the United states or abroad as may be neces-=
/"o-l
through above, including procurement, maintenance
and transport; communications and data processing;
recruitment and training; the provision of personnel,
(l)
financial and medical services; development of essential
cover and proprietary arrangement; entering into con-
i
tracts and arrangements with appropriate private companies
and institutions to provide classified or unclassified
sary to perform the functions described in paragraphs
ship is known to the appropriate senior officials of
e a: adet i ' a n s't :t uti?bris anz!? to s tx az r ' j ri c;i=a ; ;
State shall:
(c) The Department of State. The Secretary of
Collect, overtly, foreign political.
political-military, sociological., economic, scientific,
technical and associated biographic information.
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research, analytical and developmental services and
specialized expertise; and entering into similar arrange-
ments with academic institutions, provided CI;\ sponsor-
 1a J." a; 5(1' r w1 THE PRESIDENT ,y..~~1D~+1 fb-:'I~,~ 1~'~a~)r'1;1,~va~ IBS,;', 17
b)// Produce and disseminate foreign intelli-
gence relating to.United States foreign policy as
required for the execution -oh? resp nsibilities
and in support of policy-makers involved in foreign
relations within the United States Government.
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Disseminate within the United States
Government., as appropriate, reports received from
..United States diplomatic missions abroad.
Director of Centrz.l -
Intelligence to ensure that: United States intelligence
activities and programs. are useful for and consistent
Contribute to the Intelligence Com=unity
euidance for its collection of intelligence based on
the needs of those responsible for foreign policy decisions.
,f; ?J .Support Chi..^f s of 'Lissiors in. dis ?rarging
their responsibilities to direc+ and coordinate th'e'
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
a
with United States foreign policy.
Transmit reporting requirements of the
Intelligence Community to our Chiefs of Missions abroad.,
monetary information.
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 Approved For Release 2002/01/08 : CIA-RDP80-00473A000200110007-5
THE t'RESlUENT
(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
Tieasury.
(5) Disseminate within the United States
tiora acquired.
(4) Contribute intelligence and guidance
'required for the development of national.'intelligence.
Government, as appropriate, foreign intelligence informa-
(e)
Department of Defense.
(2) The Secretary of Defense shal1o
(1) Collect foreign military intelligence inform--
ation As well. as military-related foreign intelligence
information, including scientific, technical., political
Bind economic information
responsibilities.
as required for the tncecution
Prradti ~iric):':ci 's ~itisrat a;: a ppze r .ab ?
intelligence emphasizing foreign military capabilities
and intentions and scientific, technical and economic
developments pertinent to his responsibilities.
(3.i Conduct such programs and missions necessary
to fulfill national intelligence requirements
~? Jt lEbx TCt I dA{ - Zjyi *c~`J c (~ -
A rjo~r, d +~i- $1 02 01 ~'~8 . CIA=RDP80~00
 Approved For Release 2002/01/08 : CIA-RDP80-00473A000200110007-5
THE t'1L5 DENT
lg
/~ (kV) Direct, ~pperate j~t2~e National
ILLEGIB
Security Agency, and national, defense and military
intelligence and reconnaissance entities as required.
Conduct, as the executive agent of the United
States Lovernment, signals intelligence activities and
/V71b ~ P Stcl1~,y C& A cJj -
ksy the C . -
c:ommun_ic{ations security, except as otherwise approved
Provide for the timely 'transmission of
critica. intelligence, as defined by the Director of
Xnteiligenee, within the United States Government..
l
~
Centra
------------
(2) In carrying out these assigned respon-
sibilities, the Secretary of Defense is authorized to
utilize the following: -
(:L). The Defense Intelligence Agency ~ywhose functions,
authorities and responsibilities alit (Currently publicly
assigned by Department of Defense Directive No. 5105.21)
/ CLV ))-
of Staff, other Defense components,
%
c txt r3r t h `S c c -ark' of iJ~ .f nrd tf er hio ti : iid s;?,.
non-Defense agencies.
military intelii-
(A) ProdeDv-
-L le
appropriate,
(B) Coordinate all Department of Defense
intelligence . colt ction requirements F~age- the
-Defense'Attache system.
'
\antive-intelligence
(C) Establish subs
i.naa nd provide dance on . substanta.\e intelligence
 Approved For Release 2002/01/08'kiCI14 L00473A000200110007-5
20
(D), Review and maintain cognizance over
all laps, policies an procedures for norlr,,ryptologic
tsT
,p -
re4-i-c intelligence staff support-
as directed by the Joint Chiefs of Staff.
(ii) The National. Security Agency, whose functions,
authorities and responsibilities shall include:
..unified organization for the signals
intelligence activities
of the United States Government, except for certain opera-
Lions which are normally exercised through appropriate
elements of the military command structure, or ,by the CI
w(!3) Exercise control over signals intelli-
gence collection and processing activities of the Govern-
went, delegating to an appropriate agent specified re-
sources for such periods and tasks as required for the
direct support of military commanders
of signals
EC) Collec:ti on,
intelligence in accordance
with ,
estabJ.ishe.dby, the Director
'
' ?: . a'~ "i ..x~ S _ Y f">~'i
't }:.? ;ti: )?. 7? .;i. '..ti. . ^ .?J- ?, . f,',.% t! = ti.~
d. ~?L.. .?..:~? err.. ~..
(D) A Dissemination of signals intelligence
to all authorized elements of the Government, including,
t:he Armed Services~'a -x'~que meted
(E) under the Secretary of Defense
em the central communications security authority of the
App OW For W6?easeo (~( MY -: CIA-RDP80-00473AO90200110007-5
 Approved For Release 2002/01/08 TMPI RDF 0473A000200110007-5 -
to meet' the needs of the United States for signals
intelligence and communications security.
(iii) Special offices for the collection of
specialized intelligence through-reconnaissance programs,
whose functions, authorities, and responsibilities shall
include:
?(E) Conduct. of research and development
,. ~rbuz~t>S~.+a1G'1
(A) Carrying out e no da e programs
/,v 4c a~t~~N~l~,.wr -70 )V6- _rii ?).c1 71/
6/, $6', C) A 1..)'i I=
UU(1- d
mna,G~ ~1 c 1I~JNU L'in~
iA JM l1D/V.q Z- /4'
(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
Such other offices within the Department
of pefense as shall be deemed appropriate for conduct
of the intelligence missions and responsibilities assigned
to -the Secretary of Defense.
.f Energy roc!'( -ci rid'Jeve drricnt~ 23rn3nist~~~tad~T..
shall:
(1) Produce intelligence required for the
72;J.r 5 cox") 4 ft .
execution of 1 resVtonsibi_lities and the mission of
the,nergy 12~se xch `and- lQpac~Co enlr,Adnunistra i he e
including the area of nuclear
and atomic energy. -.
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THE I 'RESIDENT
(2) Disseminate such intelligence and provide
technical and analytical expertise- to other Intelligence
Commmunity organization!;s larb:,r. o _ p ~ ice
fC3aeiF~ et'oi~b f' GEC tr 1_ ri e lr n .ff -
fiPr- cir`ee.cgn -{nte 1.i1 g n?
(3) Participate with other intelligence Community
14
)G G7= , ~';l~i.) 3
sab? s r~ and other unlawful activities by or on behalf
(g) The Federal Bureau of Investigation. Under
such regulations as the Attorney General may establish
- of foreign powers
a?~..;,...~ N/Ll.~w 5 Iv)S )1
General and General Counselsi~ the Intelligence Com-
munity concerning activities that raise questions of
legality.or propriety. ? r
(ii) Review periodically the practices and?pro-
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 Approved For Release 2002/01/08 : fikp --JZPR"ERR473A000200110007-5
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-
ge,ace, the names of any persons found to have made
unauthorized disclosure shall`be .forwarded (1). to the
bead 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 disclo.?.xre, the details of the threatened disclosure
Shall be transmitted to the Attorney General for appro-?
w y.4Llr ~ ,t J v~4a i7IC j1C11 t
1; ;aee KaYg A.UaLG1.``'
order to prevent such disclosure.
(d) In further
pursuit of the need to provide
protection for other significant areas of intelligence,
the Director of Central Intelligence is authorized to
promulgate rules and regulations to expand the scope
of agreements secured from those persons who, as an
aspect of their relationship with the United States
Approved For Release 2002/01/.08 : CIA-RDP80-00473A00020011.0007-5
Government, have access to classified intelligence
 Approved For Release 2002/01/ {Ed1A.NbV$b-00473A000200110007-
Sec.. B. Enabling Data.
}h)~C 11>>!- ! C
(a) The C-a ararcu~eiz~atra4 cl~Ia corn e 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
auaended to be consistent with this Orderc~'-
'jc y/v ~Rpfie l~ l1bl-
(c) This Order shE.l.l supersede tYT~-P=: id s
' 1?'~E''TttE3~cLS1~iCR`?.C1-~ 1~Tn~r.~mhr~ ~~,1,~,~,L? ~l._..,y.~,,..~}~U'rgc~tSl ~ t
(d) Ileads of departments and agencies within the
Intelligence Community shall issue supplementary directives
to their organizations consistent with this Order-5'ivf -ir-
iR1aT tying r :Lzations of the 'Intelligenc mrnunity_
. '1`o this end, the Direct o# the of ' ce of Management
and. Budgets will facilitat6 tb egi,ired realignment of
~
;?'
}
Yt. .~ .~.. _ P .yY ~ tti .:1.:,,?,_y.:,. !q '~, {;^-. '.. .~.. J,:J''- .~F,.
- [FR Doe.76-5010 Filed 2-18-76;12:36 pm) .
-----Approved For Release 2002/01/08 : CIA-RDP80-00473A000200110007-5
EDrTORUAL NOTe: For the President's remarks at his news conference of February 17, 1976, announcing a
reorganization of the intelligence community, see the Weekly Compilation of Presidential Documents (vol. 12,
uo.I7).
? Tin Win TL HousE,
February 18, 1976.