UNITED STATES FOREIGN INTELLIGENCE ACTIVITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79M00467A001300190001-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 53
• Document Creation Date: December 20, 2016
• Document Release Date: October 23, 2006
• Sequence Number: 1
• Publication Date: February 18, 1976
• Content Type: REGULATION

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x8mave 'aeysty
G -G 11'19d
EMBARGOED FOR RELEASE
UNTIL 12 P.M. (EST)
WEDNESDAY, FEBRUARY 18, 1976
February 18, 1976
Office of the White House Press Secretary
THE WHITE HOUSE
EXECUTIVE ORDER
UNITED STATES FOREIGN INTELLIGENCE ACTIVITIES
By virtue of the authority vested in me by the
Constitution and statutes of the United States, includ-
ing the National Security Act of 1947, as amended, and
as President of the-United States of America, it is
hereby ordered as follows:
Section
TABLE OF CONTENTS
Description
Page
1
PURPOSE. ........ ........................
2
2
DEFINITIONS .............................
2
3
CONTROL AND DIRECTION OF INTELLIGENCE
ORGANIZATIONS ...........................
4
(a) National Security Council--------
4
(b)' Committee on' Foreign Intelligence
5
(c) Operations Advisory Group--------
6
(d) Director of Central intelligence-
7
4
RESPONSIBILITIES AND DUTIES OF THE
INTELLIGENCE COMMUNITY..................
-11
(a) Senior Official of Each Organi-
zation of the Intelligence
Community-------------------------
12
(b) Central Intelligence Agency----
14
(c) Department of State--------------
16
(d) Department of the Treasury-------
17
(e) Department of Defense------------
18
(f) Energy Research and Development
Administration-------------------
21
(g) Federal Bureau of Investigation--
22
RESTRICTIONS ON INTELLIGENCE ACTIVITIES
23
ONI FILE NSC RELEASE
INSTPUC:TVOF 7 APPLY F4_VEA$x-GaT OF INTELLIGENCE ORGANIZATIONS
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SECRECY PROTECTION .....................
ENABLING DATA ..........................
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Section 1. Purpose. The purpose of this Order
is to establish policies to improve the quality of
intelligence needed for national security, to clarify
the authority and responsibilities of the intelligence
departments and agencies, and to establish effective
oversight to assure compliance, with law in the manage-
ment and direction of intelligence agencies and depart-
ments of the national government.
Sec. 2. Definitions. For the purpose of this
Order, unless otherwise indicated, the following terms
shall have these meanings:.
(a) intelligence means:
(1) Foreign intelligence which means informa-
tion, other than foreign counterintelligence, on the
capabilities, intentions and activities of foreign
powers, organizations or their agents; and
(2) Foreign counterintelligence which means
activities conducted to protect the United States and
United States citizens from foreign espionage, sabotage,
subversion, assassination or terrorism.
(b) Intelligence Community refers to the following-
organizations:
(1) Central Intelligence Agency;
(2) National Security Agency;
(3) Defense Intelligence Agency;
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(4) Special offices within the Department
of Defense for the collection of
specialized intelligence through
reconnaissance programs;
(5) Intelligence elements of the military
services;
(6) Intelligence element of the Federal
Bureau of Investigation;
(7) Intelligence element of the Department
of State;
(8) Intelligence element of the Department
of the Treasury; and
Intelligence element of the Energy
Resources and Development Administration.
(c) Special activities in support of national
foreign policy objectives means activities, other than
the collection and production of intelligence and related
support functions, designed to further official United
States programs and policies abroad which are planned and
executed so that the role of the United States Government
is not apparent or publicly acknowledged.
(d) National Foreign Intelligence Program means-
the programs of the Central Intelligence Agency and the
special offices within the Department of Defense for
the collection of specialized intelligence through recon-
naissance programs, the Consolidated Cryptologic Program,
and those elements of the General Defense Intelligence
Program and other programs of the departments and
agencies, not including tactical intelligence, desig-
nated by the Committee on Foreign Intelligence as part
of the Program.
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Sec. 3. Control and Direction of National
Intelligence Organizations.
(a) National Security Council.
(1) The National Security Council was
established by the National Security Act of 1947 to
advise the President with respect to.the integration
of domestic, foreign, and military policies relating
to. the national security. Statutory members of the
National Security Council are the President, the Vice
President., the Secretary of State, and the Secretary
of Defense.
(2) Among its responsibilities, the National
Security Council shall provide guidance and direction
to the development and formulation of national intelli-
gence activities.
(3) The National Security Council shall
conduct a semi-annual review of intelligence policies
and of ongoing special activities in support of national
Foreign policy objectives. These reviews shall con-
sider the needs of users of intelligence and the timeli-
ness and quality of intelligence products and the con-
tinued appropriateness of special activities in support
of national Foreign policy objectives. The National
Security Council shall consult with the Secretary of
the Treasury and such other users of intelligence as
designated by the President as part of these reviews.
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(b) Committee on Foreign Intelligence.
(1) There is established the Committee on
Foreign Intelligence (hereinafter referred to as the
CFI), which shall be composed of the Director of
Central Intelligence, hereinafter referred to as the
DCI, who shall be the Chairman; the Deputy Secretary
of Defense for Intelligence; and the Deputy Assistant
to the President for National Security Affairs. The
CFI shall report directly to the National Security Council.
(2) The CFI shall (1) control budget prepara-
tion and resource allocation for the National Foreign
Intelligence Program.
(A) The CFI shall, prior to-submission
to the office of Management and Budget,. review, and
amend as it deems appropriate, the budget for the
National Foreign Intelligence Program.
(B) The CFI shall also adopt rules
governing the reprogramming of funds within this budget.
Such rules may require that reprogrammings of certain
types or amounts be given prior approval by the CFI.
(ii) Establish policy priorities for.the col-
lection and production of national intelligence.
(iii) Establish policy for the management of"
the National Foreign Intelligence Program.
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(iv) Provide guidance on the relationship between
tactical and national intelligence; however, neither
the DCI nor the CFI shall have responsibility for
tactical intelligence.
(v) Provide continuing guidance to the Intelli-
gence Community in order to. ensure compliance with
policy directions of the NSC..
(3) The CFI shall be supported by the
Intelligence Community staff headed by the Deputy to
the Director of Central Intelligence for the Intelli-
gence Community..
(4) The CFI shall establish such subcommittees
as it deems appropriate to ensure consultation with
members of the Intelligence Community on policies and
guidance issued by the CPI.
(5) Decisions of the CFI may. be reviewed
by the National Security Council upon appeal by the
Director-o.f-Central Intelligence or any member of the
National Security Council.
(c) The Operations Advisory Group.
(1) There is established the Operations
Advisory Group (hereinafter referred to as the Opera-
tions Group),, which shall be composed of the-Assistant
to the President for National Security Affairs; the--
Secretaries of State and Defense; the Chairman of the
Joint Chiefs of Staff; and the Director of Central
Intelligence. The Chairman shall be designated by-the
President. The Attorney General and the Director
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of the Office of Management and Budget or their repre-
sentatives, and others who may be designated by the
President, shall attend all meetings as observers.
(2) The Operations Group shall (i) consider
and develop a policy recommendation, including any
dissents, for the President prior to his decision on
each special activity in support of national foreign
policy objectives.
(ii) Conduct periodic reviews of programs previ-
ously considered by the Operations Group.
(iii) Give approval for specific sensitive intelli-
gence collection operations as designated by the opera-
tions Group.
(iv) Conduct periodic reviews of ongoing sensitive
intelligence collection operations.
(3) The Operations Group shall discharge
the responsibilities assigned by subparagraphs (c)(2)(i)
and (c) (2) (-iii) - of this section only after consideration
in a formal meeting attended by all members and observers;
or, in unusual circumstances when any member or observer
is unavailable, when a designated representative of
the member or observer attends.
(4) The staff of the National Security Council.
shall provide support to the Operations Group.
(d) Director of Central Intelligence.
(1) The Director of Central Intelligence,
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pursuant to the National Security Act of 1947, shall
be responsible directly to the National Security Council
and the President. He shall:
(i) Chair the CFI.
(ii) Act as executive head of the CIA and Intelli-
gence Community staff.
(iii) Ensure the development and submission of
a budget for the National Foreign Intelligence Program
to the CFI.
(iv) Act as the President's primary adviser on
foreign intelligence and provide him and other officials
in the Executive branch with foreign intelligence,
including National Intelligence Estimates; develop
national intelligence requirements and priorities;
and supervise production and dissemination of national
intelligence.
(v) Ensure appropriate implementation of special
--activities in support of national foreign policy
objectives.
(vi) Establish procedures to ensure the propriety
of requests, and responses thereto, from the White House
Staff or other Executive departments and agencies to
the Intelligence Community.
(vii) Ensure that appropriate programs are
developed which properly protect intelligence sources,
methods and analytical procedures. His responsibility
within the United States shall be limited to:
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(A) Protection by lawful means against
disclosure by present or former employees of the
Central Intelligence Agency or persons, or employees
of persons or organizations, presently or formerly
under contract with the Agency;
(B) providing leadership, guidance
and technical assistance to other government depart-
ments and agencies performing foreign intelligence
activities; and
(C) in cases involving serious or.con-
tinuing security violations, recommending to the
Attorney General that the case be referred to the Federal
Bureau of Investigation for 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.
 to
(xi) Act as the principal. spokesman to the Congress
for the Intelligence Community and facilitate the use
of foreign intelligence products by Congress.
(xii) Promote the development and maintenance by
the Central Intelligence Agency of services of comma.
concern to the Intelligence Community organizations,
including multi-discipline analysis, national level.
intelligence products, and a national level. current
intelligence publication.
(xiii) Establish--= iteria for the identi-
fication, selection, and designation. of relative prior-
.ities for the transmission of- critical. intelligence,
and provide the Secretary of Defense with continuing
guidance as to the communications requirements of the
Intelligence Community for the transmission 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 Federal. Bureau
of Investigation,, the Energy Resources and: Development..
Administration, and the Council of Economic_:Advisors,
to ensure the timeliness, relevancy and quality of
the intelligence product. .
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(2) To assist the Director of Central Intelli-
gence in the supervision and direction of the Intelli-
gence Community, the position of Deputy to the Director
of Central Intelligence for the Intelligence Community
is hereby established (Committee on Foreign Intelligence).
(3) To assist the Director of Central Intelli-
gence in the supervision and direction of the Central
Intelligence Agency, the Director of Central Intelligence
shall, to the extent consistent with his statutory
responsibilities, delegate the day-to-day operation of
the Central Intelligence Agency to the Deputy Director
of Central Intelligence (50 U.S.C. 403(a)).
(4) To assist the DCI in the fulfillment of
his responsibilities, the heads of all departments and
agencies shall give him access to all information
relevant to the foreign intelligence needs of the United
States. Relevant information requested by the DCI shall
be provided, and the DCI shall take appropriate steps
to maintain its confidentiality.
Sec. 4. Responsibilities and Duties of the
intelligence Community. Purpose. The rules of operation'
prescribed by this section of the Order relate to the
activities of our foreign intelligence. agencies. In
some instances, detailed implementation of,this Executive
order will be contained in classified documents because
of the sensitivity of the information and its relation
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to national security. All such classified instructions
will be consistent with this order. Unless otherwise
specified within this section, its provisions apply
to activities both inside and outside the United States,
and all references to law are to applicable laws of the
United States. Nothing in this section of this Order
shall be construed to interfere with any law-enforcement
responsibility of any department or agency.
(a) Senior Officials of the intelligence Community.
The senior officials of the CIA, Departments of State,
Treasury and Defense, ERDA and the FBI shall ensure
that, in discharging the duties and responsibilities
enumerated for their organizations which relate to
foreign intelligence, they are responsive to the needs
of the President, the National Security Council and
other elements. of the Government. In carrying out their
duties and responsibilities, senior officials shall
ensure that all policies and directives relating to
intelligence activities are carried out in accordance
with law and this Order, including Section 5, and shall:
(1)' Make appropriate use of the capabilities
of the other elements of the Intelligence Community in
order to achieve maximum efficiency. -
(2) Contribute in areas of his responsibility
to the national intelligence products produced-under
auspices of the Director of Central Intelligence.
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(3) Establish internal policies and guide-
lines governing employee conduct and ensuring that
such are made known to, and acknowledged by, each
employee.
(4) Provide for a strong and independent
organization for identification and inspection of, and
reporting on, unauthorized activity.
(5) Report to the Attorney General that informa-
tion which relates to detection or prevention of possible
violations of law by any person, including an employee
of the senior official's department or agency.
(6) Furnish to the Director of Central Intelli-
gence, the CFI, the Operations Group, the President's
Foreign Intelligence Advisory Board, and the Intelligence
Oversight Board all of the information required for.
the performance of their respective duties.
(7) Participate, as appropriate, in the
provision of services of common concern as directed by
the Director of Central intelligence and provide other
departments and agencies with such mutual assistance
as may be within his capabilities and as. may be required
in the interests of the Intelligence Community for
reasons of economy, effectiveness, or operational
necessity.
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(8) Protect intelligence and intelligence
sources and methods within his department or agency,
consistent with policies and guidance of the Director
of Central intelligence.
(9) Conduct a continuing review of all classi-
fied material originating within his organization and
promptly declassifying such material consistent with
Executive Order No. 11652, as amended.
(10) Provide administrative and support functions
required by his department or agency.
(b) The Central Intelligence Agency. All duties
and responsibilities of the Central Intelligence Agency
shall be related to the foreign intelligence functions
outlined below. As authorized by the National Security
Act of 1947, as amended, the CIA Act of 1949, as amended,
and other laws, regulations, and directives, the Central
Intelligence Agency shall:
(1) Produce and disseminate foreign intelli-
gence relating to the national security, including
foreign political, economic, scientific, technical,
military, sociological, and geographic intelligence,
to meet the needs of the President, the National Security
Council, and other elements of the United States
Government.
(2) Develop and conduct programs to collect
political, economic, scientific, technical, military,
geographic, and sociological information, not otherwise
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obtainable, relating to foreign intelligence, in
accordance with directives of the National Security
Council.
(3) Collect and produce intelligence on
foreign aspects of international terrorist activities
and traffic in narcotics.
(4) Conduct foreign counterintelligence
activities outside the United States and when in the
United States in coordination with the FBI subject
to the approval of the Attorney General.
(5) Carry out such other special activities
in support of national foreign policy objectives as
may be directed by the President or the National
Security Council and which are within the limits of
applicable law.
(6) Conduct, for the Intelligence. Community,
services of common concern as directed by the National
Security Council, such as monitoring of foreign public
radio and television broadcasts and foreign. press
services, collection of foreign intelligence informa-
tion from cooperating sources in the United States,
acquisition and. translation of foreign publications
and photographic interpretation.
(7) Carry out or contract for research,
development and procurement of technical systems and
devices relating to the functions authorized in this
subsection.
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(8) Protect the security of its installations,
activities, information and personnel. In order to
maintain this security, the CIA shall conduct such investi-
gations of applicants, employees, and other persons with
similar associations with the CIA as are.necessary..
(9) Conduct administrative, technical and support
activities.in the United.States or abroad as may be neces-
sary to perform the functions described in paragraphs (1)
through (8) above, including procurement, maintenance
and transport; communications and data processing;
recruitment and training; the provision of personnel,
financial. and medical services; development of essential
cover and proprietary arrangements; entering into con-
tracts and arrangements with appropriate private companies
and institutions to provide classified or unclassified
research, analytical and developmental services and
specialized expertise; and entering into similar arrange-
ments with academic institutions, provided CIA sponsor-
ship is known to the appropriate senior officials of
the academic institutions and to senior project officials.
(c) The Department of State. The Secretary of
State shall:
(1) Collect, overtly, foreign political,
political-military, sociological, economic, scientific,
technical and associated biographic information.
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(2) Produce and disseminate foreign intelli-
gence relating to United States foreign policy as
required for the execution of his responsibilities
and in support of policy-makers involved in foreign
relations within the United States Government.
(3) Disseminate within the United States
Government, as appropriate, reports received from
United States diplomatic missions abroad.
(4) Coordinate with the Director of Central
Intelligence to ensure that United States intelligence
activities and programs are useful for and consistent
with United States foreign policy.
(5) Transmit reporting requirements of the
Intelligence Community to our Chiefs of Missions abroad
and provide guidance for their collection effort.
(6) Contribute. to the Intelligence Community
guidance for its collection of intelligence based on
the needs of those responsible for foreign policy decisions.
(7) Support Chiefs of Missions in discharging
their responsibilities to direct and coordinate the
activities of all elements of their missions.,
(d) The Department of the Treasury. The Secre-_,
tary of the Treasury shall:
(1) Collect, overtly, foreign financial and
monetary information.
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(2) Participate with the Department of State
in the overt collection of general foreign economic
information.
(3) Produce that intelligence required for the
execution of the Secretary's interdepartmental respon-
sibilities and the mission of the Department of the
Treasury.
(4) Contribute intelligence and guidance
required for the development of national"intelligence.
(5) Disseminate within the United States
Government, as appropriate, foreign intelligence informa-
tion acquired.
(e) Department of Defense.
(1) The Secretary of Defense shall:
(i) Collect foreign military intelligence inform-
ation as well as military-related foreign intelligence
information, including scientific, technical, political
and economic information as required for the execution
of his responsibilities.
(ii) Produce and disseminate, as appropriate,
intelligence emphasizing foreign military capabilities
and intentions and scientific, technical and economic
developments pertinent to his responsibilities.
(iii) Conduct such programs and missions necessary
to fulfill national intelligence requirements as
determined by the CFI.
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(iv) Direct, fund and operate the National
Security Agency, and national, defense and military
intelligence and reconnaissance entities as required.
(v) Conduct, as the executive agent of the United
States Government, signals intelligence activities and
communications security
(vi) Provide for the timely transmission of
ment. except as otherwise approved by the CFI.
critical intelligence, as defined by the Director of.
Central Intelligence, within the United States Govern-
(2) in carrying out these assigned respon-
sibilities, the Secretary of Defense is authorized to
utilize the following:
M. The Defense Intelligence Agency (whose functions,
authorities and responsibilities are currently publicly
assigned by Department of Defense Directive No. 5105.21)
(A) Produce or provide military intelli-
gence for the Secretary of Defense, the Joint Chiefs
of Staff, other Defense components, and, as appropriate,
non-Defense agencies. -
(B) Coordinate all Department of Defense
intelligence collection requirements and manage. the
Defense Attache system.
(C) Establish substantive intelligence
priority goals and objectives for the Department of
Defense and provide guidance on. substantive intelligence
matters to all major Defense intelligence activities.
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(D)' Review and maintain cognizance over
all plans, policies and procedures for noncryptologic
intelligence functions of the Department of Defense.
(E) Provide intelligence staff support
as directed by the Joint Chiefs of Staff..
(ii) The National Security Agency, whose functions,
authorities and responsibilities shall include:
(A) Establishment and operation of an effective
unified organization for the signals intelligence activities
of the United States Government, except for certain opera-
tions which are normally exercised through appropriate
elements of the military command structure, or by the CIA.
(B) Exercise control over signals intelli-
gence collection and processing activities of the Govern-
ment, delegating to an appropriate agent specified re-
sources for such periods and tasks as required for the
direct support of military commanders.
(C) Collection, processing and dissemination
of signals intelligence in accordance with objectives,
requirements, and priorities established by the Director
of Central Intelligence.
(D) Dissemination of signals intelligence
to all authorized elements of the Government, including
the Armed Services, as requested.
(E) Serving under the Secretary of Defense
as the central communications security authority of the
United States Government.
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(F) Conduct of research and development
to meet the needs of the United States for signals
intelligence and communications security.
(iii) Special offices for-the collection of
specialized intelligence through reconnaissance programs,
whose functions, authorities, and responsibilities shall
include:
(A) Carrying out consolidated programs
for reconnaissance.
(B) Assigning responsibility to the various
departments and agencies of the Government, according
to their capabilities, for the research, development,
procurement, operations and control of designated means
of collection.
(iv) Such other offices within the Department
of Defense as shall be deemed appropriate for conduct
of the intelligence missions and responsibilities assigned
to the Secretary of Defense.
(f) Energy Research and Development Administration,
The Administrator of the Energy Research and Development
Administration shall:
(1) Produce intelligence required for the
execution of his responsibilities and the mission of
the Energy Research and Development. Administration, herein-
after referred to as ERDA, including the area of nuclear
and atomic energy.
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(2) 'Disseminate such intelligence and provide
technical and analytical expertise to other Intelligence
Community organizations and be responsive to the guidance
of the Director of Central Intelligence and the Committee
on Foreign Intelligence.
(3) Participate with other intelligence Community
agencies and departments in formulating collection require-
ments where its special technical expertise can contribute
to such collection requirements.
(g) The Federal Bureau of investigation. Under
the, supervision of the Attorney General and pursuant to
such regulations as the Attorney General may establish,
the Director of the FBI shall:
(1) Detect and prevent espionage, sabotage,
subversion, and other unlawful activities by or on behalf
of foreign powers through such lawful counterintelligence
operations within the United States, including electronic
surveillance, as are necessary or useful for such purposes.
(2) Conduct within the United States and its
territories, when requested by officials of the Intelli-
gence Community designated by the President, those lawful
activities, including electronic surveillance,- authorized
by the President and specifically approved by the Attorney
General, to be undertaken in support of foreign intelli-
gence collection requirements of other intelligence agencies.
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(3) Collect foreign intelligence by lawful
means within the United States and its territories when
requested by officials of the Intelligence Community
designated by the President to make such requests.
(4) Disseminate, as appropriate, foreign
intelligence and counterintelligence information which
it acquires to appropriate Federal agencies, State and
local law enforcement agencies and cooperating foreign
governments. -
(5) Carry out or contract for research,
development and procurement of technical systems and
devices relating to the functions authorized above.
Sec. 5. Restrictions on intelligence Activities.
Information about the capabilities, intentions and
activities of other governments is essential to informed
decision-making in the field of national defense and
foreign relations. The measures employed to acquire
such information should be responsive to the legitimate
needs of our Government and must be conducted in a manner
which preserves and respects our established concepts
of privacy and our civil liberties.
Recent events have clearly indicated the desirability
of government-wide direction which will ensure a proper
balancing of these interests. This section of this Order
does not authorize any activity not previously authorized
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and does not provide exemption from any restrictions
otherwise applicable. Unless otherwise specified, the
provisions of this section apply to activities both
inside and outside the United States. References to
law are to applicable laws of the United States.
(a) Definitions. As used in this section of this
Order, the following terms shall have the meanings
ascribed to them below:
(1) "Collection" means any one or more of
the gathering, analysis, dissemination or storage of
non-publicly available information without the informed
express consent of the subject of the information.
(2)- "Counterintelligence" means information
concerning the protection of foreign intelligence or
of national security information and its collection
from detection or disclosure.
(3) "Electronic surveillance" means acquisition
of a non-public communication by electronic means,
without the consent of a person who is a party to, or,
in the case of a non-electronic communication, visibly
present at, the communication.
(4) "Employee" means a person employed
by, assigned or detailed to, or acting for a United
States foreign intelligence agency.
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(5) "Foreign intelligence" means information
concerning the capabilities, intentions and activities
of any foreign power, or of any non-United States
person, whether within or outside the United States, or
concerning areas outside the United States.
(6) "Foreign intelligence agency" means the
Central Intelligence Agency, National Security Agency,
and Defense Intelligence Agency; and further includes
any other department- or---agency of the United States
Government or component thereof while it is engaged
in the collection of foreign intelligence or counter-
intelligence, but shall not include any such department,
agency or component thereof to the extent that it is
engaged in its authorized civil or criminal law enforce-
ment functions; nor shall it include in any case the
Federal Bureau of Investigation.
(7) "National security information" has the
meaning ascribed to it in Executive Order No. 11652,
as amended.
(8) "Physical surveillance" means continuing
visual observation by any means; or acquisition of a
non-public communication by a person not a party thereto
or visibly present thereat through any means which does
not involve electronic surveillance.
 Approved or Release 2006/11/04: CIA-RDP79MO467AO01300190001-7
(9) "United States person" means United
States citizens, aliens admitted to the United States
for permanent residence and corporations or other organ-
izations incorporated or organized in the United States.
(b) Restrictions on Collection. Foreign intelli-
gence agencies shall not. engage in any of the follow-
ing activities:
(1) Physical surveillance directed against a
United States person, unless it is a lawful surveillance
conducted pursuant to procedures approved by the head
of the foreign intelligence agency and directed against
any of the following:
(i) A present or former employee of such agency,
its present or former contractors or their present or
former employees, for the purpose of protecting foreign
intelligence or counterintelligence sources or methods
or national security information from unauthorized
disclosure; or
(ii) a United States person, who is in contact
with either such a present or former contractor or
employee or with a non-United States person who is the
subject of a foreign intelligence or counterintelligence
inquiry, but only to the extent necessary to identify
such United States person; or
(iii) a United States person outside the United
States who is reasonably believed to be acting on behalf
 Approved For Release 2006/11/04: CIA-RDP79M00467A001300190001-7
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?
27
of a foreign power or engaging in international terrorist
or narcotics activities or activities threatening the
national security.
(2) Electronic surveillance to intercept
a communication which is made from, or is intended by
the sender to be received in, the United States, or directed
against United States persons abroad, except lawful
electronic surveillance under procedures approved by the
Attorney General; provided, that the Central Intelligence
Agency shall not perform electronic surveillance within
the United States, except for the purpose of testing
equipment under procedures approved by the Attorney General
consistent with law.
(3) Unconsented physical searches within the
United States; or unconsented physical searches directed
against United States persons abroad, except lawful
searches under procedures approved by the Attorney General.
(4) Opening of mail or examination of envelopes
of mail in United States postal channels except in accord-
ance with applicable statutes and regulations.
(5)- Examination of Federal tax returns or tax
information except in accordance with applicable statutes
and regulations.
(6) Infiltration or undisclosed participation
within the United States in any organization for the
purpose of reporting on or influencing its activities
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0
28
or members; except such infiltration or participation
with respect to an organization composed primarily of
non-United States persons which is reasonably believed
to be acting on behalf of a foreign power.
(7) Collection of information, however
acquired, concerning the domestic activities of United
States persons except:
(i) Information concerning corporations or other
commercial organizations which constitutes foreign
intelligence or counterintelligence.
(ii) Information concerning present or former
employees, present or former contractors or their present
or former employees, or applicants for any such employ-
ment or contracting, necessary to protect foreign
intelligence or counterintelligence sources or methods
or national security information from unauthorized
disclosure; and the identity of persons in contact with
the foregoing or with a non-United States person who
is the subject of a foreign intelligence or counter-
intelligence inquiry.
(iii) Information concerning persons who are
reasonably believed to be potential sources or contacts,
but only for the purpose of determining the suitability
or credibility of such persons.
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29
(iv) Foreign. intelligence or counterintelligence
gathered abroad or from electronic surveillance conducted
in compliance with Section 5(b)(2); or foreign intelli-
gence acquired from cooperating sources in the United
States.
(v) Information about a United States person who
is reasonably believed to be acting on behalf of a
foreign power or engaging in international terrorist
or narcotics activities.
(vi) Information concerning persons or activities
that pose a clear threat to foreign intelligence. agency
facilities or personnel, provided, that such information
is retained only by the foreign intelligence agency
threatened and that proper coordination with the Federal
Bureau of Investigation is accomplished.
(c) Dissemination and Storage. Nothing in this
section of this order shall prohibit:
(1.) Lawful dissemination to the appropriate
law enforcement agencies of incidentally gathered
information indicating involvement in activities which.
may be in violation of law.
(2) Storage of information required by law
to be retained. -
(3) Dissemination to foreign intelligence
agencies of information of the subject matter types
listed in Section 5(b)(7).
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9 ?
(d) Restrictions on Experimentation. Foreign
intelligence agencies shall not engage in experimenta-
tion with drugs, on human subjects, except with the
informed consent, in writing and witnessed by a disinter-
ested third party, of each such human subject and in
accordance with the guidelines issued by the National
Commission for the Protection of Human Subjects for
Biomedical and Behavioral Research.
(e) Assistance to Law Enforcement Authorities.
(1) No foreign intelligence agency shall,
except as expressly authorized by law (i) provide services,
equipment, personnel or facilities to the Law Enforcement
Assistance Administration or to State or local police
organizations of the United States or (ii) participate
in or fund any law enforcement activity within the United
States.
(2) These prohibitions shall not, however,
preclude: (i) cooperation between a foreign intelligence
agency and appropriate law enforcement agencies for the
purpose of protecting the personnel and facilities of
the foreign intelligence agency or preventing espionage or
other criminal activity related to foreign intelligence
or counterintelligence or (ii) provision of specialized
equipment or technical knowledge for use by any other
Federal department or agency.
 Approved r Release 2006/11/04: CIA-RDP79MOO 67A001300190001-7
(f) Assignment of Personnel. An employee of a
foreign intelligence agency detailed elsewhere within
the Federal Government shall be responsible to the
host agency and shall not report to such employee's
parent agency on the affairs of the host agency, except
as may be directed by the latter. The head of the
host agency, and any successor, shall be informed of the
detailee's association with the parent agency.
(g) Prohibition of Assassination. No employee of
the United States Government shall engage in, or con-
spire to engage in, political assassination.
(h) Implementation.
(1) This section of this Order shall be
effective on March 1, 1976. Each department and agency
affected by this section of this order shall promptly
issue internal directives to implement this section
with respect to its foreign intelligence and counter-
intelligence operations.
(2) The Attorney General shall, within ninety
days of the effective date of this section of this
Order, issue guidelines relating to activities of the
Federal Bureau of Investigation in the areas of foreign
intelligence and counterintelligence.
Sec. 6. Oversight of Intelligence organizations.
(a) There is hereby established an intelligence
Oversight Board, hereinafter referred to as the over-
sight Board.
 Approved For Release 2006/11/04: CIA-RDP79MOO 67A001300190001-7
32
(1) The Oversight Board shall have three
members who shall be appointed by the President and who
shall be from outside the Government and be qualified
on the basis of ability, knowledge, diversity of back-
ground and experience. The members of the oversight
Board may also serve on the President's Foreign Intelli-
gence Advisory Board (Executive Order No. 11460 of
March 20, 1969). No member of the Oversight Board
shall have any personal contractual relationship with
any agency or department of the Intelligence Community.
(2) One member of the Oversight Board shall
be designated by the President as its Chairman.
(3) The, Oversight Board shall:
(i) Receive and consider reports by Inspectors
General and General Counsels of the Intelligence. Com-
munity concerning activities that raise questions of
legality or propriety.
(ii) Review periodically the practices and pro-
cedures of the Inspectors General and General Counsels
of the Intelligence Community designed to discover and
report to the Oversight Board activities that raise
questions of legality or propriety.
(iii) Review periodically with each member of
the Intelligence Community their internal guidelines,
to ensure their adequacy.
 Approved For Release 2006/11/04: CIA-RDP79M00467A001300190001-7
(iv) Report periodically, at least quarterly,
to the Attorney General and the President on its findings.
(v) Report in a timely manner to the Attorney
General and to the President any activities that raise
serious questions about legality.
(vi) Report in a timely manner to the President
any activities that raise serious questions about propriety.
(b) Inspectors General and General Counsels within
the Intelligence Community shall:
.(1) Transmit to the Oversight Board reports
of any activities that come to their attention that raise
questions of legality or propriety.
(2) Report periodically, at least quarterly,
to the Oversight Board on its findings concerning
questionable activities, if any.
(3) Provide to the Oversight Board all informa-
tion requested about activities within their respective
departments or agencies.
(4) Report to the Oversight Board any occasion
on which they were directed not to report any activity
to the Oversight Board by their agency or-department
heads.
(5) Formulate practices and procedures
designed to discover and report to the Oversight Board
activities that raise questions of legality or propriety.
(c) Heads of intelligence agencies or depart-
ments shall:
 Approver Release 2006/11/04: CIA-RDP79M~467AO01300190001-7
(1) Report periodically to the oversight
Board on any activities of their organizations that
raise questions of legality or propriety.
(2) Instruct their employees to cooperate
fully with the oversight Board.
(3) Ensure. that Inspectors General and.
General Counsels of their agency have access to any
information necessary to perform their duties assigned
by paragraph (4) of this section.
(d) The Attorney General shall:
(1) Receive and consider reports from the
Oversight Board.
(2) Report periodically, at least quarterly,
to the President with respect to activities of th
Intelligence Community, if any, which raise questions
of legality.
(e) The Oversight Board shall receive staff support.
No person who serves on the staff of the Oversight Board
shall have any contractual or employment relationship
with any department or agency in the intelligence
Community.
(f) The President's Foreign Intelligence Advisory
Board established by Executive Order No. 11460 of
March 20, 1969, remains in effect.
 Approved for Release 2006111104: CIA-RDP79M00467A001300190001-7
. 0
Sec. 7. Secrecy Protection.
(a) In order to improve the protection of sources
and methods of intelligence, all members of the Executive
branch and its contractors given access to information.
containing sources or methods of intelligence shall, as
a condition of obtaining access,'sign an agreement that
they will not disclose that information to persons not
authorized to receive it.
(b) In the event of any unauthorized disclosure
of information concerning sources or methods of intelli-
gence, the names of any persons found to have made
unauthorized disclosure shall be forwarded (1) to the
head of applicable departments or agencies for appropriate
disciplinary action; and (2) to the Attorney General
for appropriate legal action.
(c) In the event of any threatened unauthorized
disclosure of information concerning sources or methods
of intelligence by a person who has agreed not to make
such disclosure, the details of the threatened disclosure
shall be transmitted to the Attorney General for appro-
priate legal action, including the seeking of'a judicial
order.to prevent such disclosure.
(d) In further pursuit of the need to provide
protection for other significant areas of intelligence,
the Director of Central intelligence is authorized to
promulgate rules and regulations to expand the scope
 Approved For Release 2006/11/04: CIA-RDP79M00467A001300190001-7
of agreements secured from those persons who, as an
aspect of their relationship with the United States
Government, have access to classified intelligence
material-
Sec. 8. Enabling Data.
(a) The Committee on Foreign intelligence and
.the Director of Central Intelligence shall provide for
detailed implementation of this Order by issuing
appropriate directives.
(b) All existing National Security Council and
Director of Central Intelligence directives shall be
amended to be consistent with this Order within ninety
days of its effective date.
(c) This Order shall supersede the Presidential
Memorandum of November 5, 1971, on the "Organization
and Management of the U.S. Foreign Intelligence Community."
(d) Heads of departments and agencies within the
Intelligence Community shall issue supplementary directives
to their organizations consistent with this Order within
ninety days of its effective date.
(e) This Order will be implemented within current
manning authorizations of the intelligence Community.
To this end, the Director of the Office of Management
and Budget will facilitate the required realignment of
personnel positions. The Director of the Office of
Management and Budget will also assist in the allocation-
of appropriate facilities.
GERALD R. FORD
18 , 1976 .
 el ease 2006L1 :- -7-9M00467A001300190001-7
A BILL
To amend the National Security Act of 1947, as amended, and for
other purposes.
1 Be it enacted by the Senate and House of Representatives of
2 the United States of America in Congress assembled, that
3 Section 102 of the National Security Act of 1947, as amended,
4 (50 U.S.C.A. 403) is further amended by adding the following
5 new subsection (g):
(g) In the interests of the security of the foreign
7 intelligence activities of the United States, and in order further
.8 to implement the proviso of section 102 (d) (3) of the Act that the
9 Director of Central Intelligence shall be responsible for
10 protecting intelligence sources and methods from unauthorized
11 disclosure--
12 (1) Whoever, being or having been in duly
13 authorized possession or control of information relating
14 to intelligence sources and methods, or whoever, being
15 or having been an officer or employee of the United States,
16 or member of the Armed Services of the United States,
17 or a contractor of the United States Government, or an
18 employee of a contractor of the United States Government,
19 and in the course of such. relationship becomt s possessed
? -- - l.., o ~, ,~ )nnt i11InA ? ri?Rn1D7annnnar7Ann1mn1annn~_7
 pproved-For Release-2OO tt11O4 :-v A RDP79M004g7A001300190001-7
2
1 of such information imparts or communicates it by any
2 means to a person not authorized to receive it or to the
3 general public shall be fined not more than $5, 000 or
4 imprisoned not more than five years, or both;
5 (2) For the purposes of this subsection,-the----
6 term "information relating to intelligence sources and
7 methods" means any information, regardless of its origin, that
8 is classified pursuant to the provisions of a statute or Executive
9 order, or a regulatiorf or a rule issued pursuant thereto as
10 information requiring a specific degree of protection against
11 unauthorized disclosure for reasons of national security and
12 which, in the interest of the foreign intelligence activities
13 of the United States, has been specifically designated by
.14 a department or agency of the United States Government
15 which is authorized by law or by the President to engage
16 in foreign intelligence activities for the United States as
17 information concerning--
18 (A) methods of collecting foreign intelligence;
(B) sources of foreign intelligence, whether
human, technical, or other; or
'C) methods and techniques of analysis
 Ai-prvvecl For Release72O06ttIffi4 : e1 -R-DR79M00467A89-1-308490001-7
3
1 And evaluation of foreign intelligence.
2 (3) A person who is not authorized to receive
3 information relating to intelligence sources and methods is
4 not subject to prosecution for conspiracy to commit an
5 offense under this subsection, or as an accomplice, within
the meaning of sections 2 and 3 of Title 18, United States
Code, in the commission of an offense under this
subsection, unless he became possessed of such information
I
in the course of a relationship with the United States Govern-
ment as described in paragraph (1): Provided, however, That
the bar created by this paragraph does not preclude the
12 indictment or conviction for conspiracy of any person who is
13 subject to prosecution under paragraph (1) of this subsection.
14 (4) It is a bar to prosecution under this subsection that:
15 (A) at the time of the offense there did not
16 exist a review procedure within the Government
17 agency described in paragraph (2) of this subsection
18 through which the defendant could obtain review
19 of the continuing necessity for the classification
20 and designation;
21 (B) prior to the return of the indictment or the
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 3
pproved For Ren e-2-006/14/04: ClA RrDP79MQQ467AQQ1.300.19OQQ1-7
4
filing of the information, the Attorney General and the
Director of Central Intelligence did not jointly certify
to the court that the information was lawfully classified
and lawfully designated pursuant to paragraph (2)
at the time of the offense;
(C) the information has been placed in the public
domain by the United States Government; or
(D) the information was not lawfully classified
9 and lawfully designated pursuant to paragraph (2)
10 at the time of the offense.
11 (5) It is a defense to a prosecution under this
12 subsection that the information was communicated only to a
13 regularly constituted subcommittee, committee or joint
14 committee of Congress, pursuant to lawful demand.
15 (6) Any hearing by the court for the purpose of
16 making a determination whether the information was lawfully
17 classified and lawfully designated, shall be in camera;
18 (A) at the close of any in camera review, the
19 court shall enter into the record an order pursuant
20 to- its findings and determinations;
21 (B) any determination by the court under this
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 Approved For ReIeai e 200011-1104: CA=RDP79MO0467A001300190001-7
0
5
paragraph shall be a question of law.
(7) Whenever in the judgment of the Director of
Central Intelligence any person is about to engage in any
acts or practices which will constitute a violation of this
subsection, the Attorney General, on behalf of the United
States, may make application to the appropriate court for an
11 application for an order under this paragraph;
12 (A) the court shall not hold an in camera hearing
13 for the purpose of making a determination as to the
14. lawfulness of the classification and designation of the
15. information unless it has determined after giving due
16 consideration to all attending evidence that such
17 evidence does not indicate that the matter has been
18 lawfully classified and designated;
order enjoining such acts or practices, and upon a showing
that such person is about to engage in any such acts or
practices, a permanept or temporary injunction, restraining
order, or other order may be granted. In the case of an
(B) the court shall not invalidate the classification
20 or designation unless it finds that the judgment of the
21 department or agency, pursuant to pat agraph (2),
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6
as to the lawfulness of the classification and
designation was arbitrary, capricious and without
a reasonable basis in fact
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I
SECTIONAL ANALYSIS AND EXPLANATION
The draft bill by adding a new subsection (g) to the National
Security Act of 1947 further implements a proviso of that Act imposing
a duty upon the Director of Central Intelligence to protect intelligence
sources and methods from unauthorized disclosure. The new sub-
section draws upon existing concepts of law found within 18 U . S . C .
798 (relating to communication intelligence) and 42 U . S . C . 2204 et seg.
(relating to atomic energy Restricted Data).
Paragraph (1) of the new subsection identifies the special and
limited class of individuals having privity of access to-the sensitive
information defined in paragraph (2) below and proscribes their culpable
communication of such information to an unauthorized recipient.
Paragraph (2) of the new subsection defines the special category
of information relating to intelligence sources and methods which is
subject to the new provisions. It also recognizes the authority of the
Director and heads of other agencies expressly authorized by law or
by the President to engage in intelligence activities for the United States,
to pfovide for the appropriate designation of such information.
Paragraph (3) of the new subsection assures that only the special
and limited class of individuals identified under paragraph (1) above will
be subject to prosecution as a result of the violation of the new subsection.
This is in keeping with :he intent that the new provision penalizes as
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 Approved For Release 2006M704 CIA-RDP79MOO467AO0130?-190001-7
unlawful Oy the conduct of those whose acss to the designated informa-
tion is dependent upon understandings arising out of a relationship
involving trust and confidence. Collateral prosecution related to the
violation of any other provision of law, however, is not vitiated by this
paragraph.
Paragraph (4) of the new subsection provides that no prosecution
may be instituted unless the Attorney General and the Director of Central
Intelligence first jointly certify to the court that the information was
lawfully classified and lawfully designated for limited dissemination; the
information was not placed in the public domain by the Government; an
agency review procedure existed whereby the defendant could have secured
a review of the information in question for a determination on public releas-
ability; and the information was lawfully classified and lawfully designated
pursuant to paragraph (2) at the time of the offense.
Paragraph (5) of the new subsection provides a defense to
prosecution if the information was only provided to aregularly constituted
? committee, joint committee or joint committee of Congress, pursuant to
lawful demand.
Paragraph (6) of the new subsection provides that any hearing by
the court to determine whether the information was lawfully classified
and lawfully designated shall be in camera and such determination shall
be a question of law.
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 Approved For Release 2006/11/04: CIA-RDP79M00467A001300190001-7
Paragraph (7) of the new subsection permits the Attorney General
to petition a court to enjoin injunction any act which the Director believes
will violate any provision of the new subsection. This authority is
intended to provide prompt judicial action to avoid damage to the U. S.
foreign intelligence effort in circumstances where punitive criminal action
alone, being necessarily ex post facto, may be inadequate in achieving the
underlying objective of the legislation which is to protect intelligence sources,
methods and techniques from unauthorized disclosure. This paragraph also
provides that in any hearing for such an order the court shall not hold an
in camera hearing to determine the lawfulness of the classification and
designation of the information unless it has first considered all attending
evidence and determined that the evidence does not indicate that the
matter has been lawfully classified and lawfully designated. The paragraph
further provides that the court may invalidate a classification or designation
if it finds the judgment of the department or agency head was arbitrary,
capricious and without a reasonable basis in fact.
 r-_ ? Approved For Release 2006/11/04: CIA-RDP79M00467A001
a EMBARGOED FOR RELEASE
UNTIL P.M. (EST)
pol, 01,,7
February
Office of the White House Press Secretary
THE WHITE HOUSE
The President's Actions Concerning
.the Foreign Intelligence Community
The President has today taken the following comprehensive
actions to strengthen the United States foreign intelligence
departments and agencies: (1) issued an Omnibus Executive
Order establishing policy guidelines and restrictions for the
intelligence agencies and a new command structure and over-
sight mechanism for the intelligence community; (2) proposed
new legislation to protect the.secrecy of particularly sensi-
tive intelligence information, announced that he will meet with
Congressional leaders to develop legislation concerning elec-
tronic surveillance and to prevent unauthorized opening of
mail,. and he endorsed legislation to prohibit assassinations of
foreign leaders; and, (3) proposed a framework in which con-
structive Congressional oversight can be established without
disclosing intelligence secrets.
OBJECTIVES OF THE PRESIDENT'S ACTIONS
The President's actions are designed to insure that:.
(1) The United States has a strong and effective capa-
bility to gather and evaluate foreign intelligence
and conduct necessary covert operations; and
(2) These activities are conducted in a Constitutional
and lawful manner and never aimed at our own citizens.
The President's actions will strengthen our foreign intelligence
capability and establish an effective process to prevent abuses
by:
.(A) Setting forth in Executive Order, policy guidance for'
the foreign intelligence agencies which define what
functions they are supposed to carry out and which
? clearly states what they are not permitted to do..
(B) Creating a streamlined command structure for
intelligence community leadership. which makes
specifically designated individuals accountable.-
(C) Requiring the NSC to conduct semi-annual reviews
of the adequacy of the foreign.intelligence
"product" and establishing the Intelligence
Oversight Board to monitor compliance with the
restrictions which have been placed on the V
intelligence community's activities.
, 1976
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 Approved For Release 2006/11/04: CIA-RDP79M00467A00130019000-1-7
2
OMNIBUS EXECUTIVE ORDER
(1)
Control and Direction of Intelligence Organizations
(A) Overall Policy Development
1. The National Security Council (NSC) will con-
tinue-to exercise overall policy control over
the foreign intelligence community.
2. Statutory members are:
The President
- Vice President
- Secretary of State
- Secretary of Defense
3. The NSC will conduct a semi-annual policy review
of foreign intelligence activities focused on,
but not limited to, the following:
Needs of government foreign policy-makers
and the responsiveness of foreign.intelli-
.gence to these needs, including the quality,
scope and timeliness cif the intelligence
product;
The'effective and efficient use of resources
in the collection of intelligence informa-
tion; and
The continued appropriateness of ongoing
-covert operations and sensitive intelligence
collection missions.
The Assistant to the President for National
Security Affairs will have staff responsibility .
for the semi-annual policy reviews. Heads of the
departments and agencies--which "use" foreign
intelligence will be consulted.
(B) Management and Resource Control
1. Responsibility for management and resource control
..of the foreign intelligence community is-vested by
Executive Order in the Committee on Foreign
Intelligence (CFI), which reports directly to
the NSC.
2. Membership of the CFI is:
The Director of Central Intelligence (DCI),
Chairman -
- Deputy Secretary of Defense for Intelligence
- Deputy Assistant to the President for
National Security Affairs
(NOTE: Staff support shall be provided by the
intelligence community staff.)
3. The Committee on Foreign Intelligence shall:
Control budget preparation and resource
allocation for the National Foreign Intelli-
gence Program (defined as excluding tactical
intelligence).
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?
Establish management policies for the
Foreign Intelligence Program.
Carry out policy decisions of the NSC with
particular emphasis on collection and pro-
duction of national intelligence.
4. Decisions of the CFI may be reviewed by the NSC
upon appeal by the Director of Central Intelligence
or any member of the NSC.
AC) Production of National Intelligence
1. Responsibility for the production of substantive
national (i.e., not tactical or departmental)
intelligence is vested in the Director of Central
Intelligence. The DCI is the President's primary
advisor on foreign intelligence.
2. To assist in developing national intelligence
requirements and priorities, and in developing
finished national intelligence, the DCI shall
establish such boards and committees (similar to
the former USIB) of the intelligence community
as will enable him most effectively to utilize
the talent of the community to produce the best
possible intelligence product.
(D) Covert Action and Other Special Operations
1. Responsibility to review and advise the President
on covert operations and certain sensitive foreign
intelligence collection missions is assigned by
Executive Order to the Special Intelligence
.Operations Group (Operations Group).
New membership is:
Assistant to the President for National
Security Affairs, Chairman
-
Secretary
of
State
-
Secretary
of
Defense
-
Director
of
Central
Intelligence
-
Chairman
of
the Joint Chiefs of Staff
Observers are;
Attorney General
Director of OMB
3. The Special Intelligence Operations Group shall;
Consider and make recommendations to the
President on all proposals for covert
action and certain sensitive intelligence
collection missions.
Submit to the NSC a periodic review of
ongoing covert operations and.sensitive
intelligence collection missions.
Meet formally to carry out its responsi-
bility to make recommendations to the
President. -
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 Approved For Release 2006/11/044 CIA-RDP79M00467A001300190001-7
(E) The iollowing existing committe or organizations
are abolished:
(1) United States Intelligence Board
(2) Intelligence Resources Advisory Committee
(3) National Security Council Intelligence
Committee
(4) Executive Committee for resource control
of certain intelligence collection
activity
(5) 40 Committee
(2) Responsibilities and Duties of the Intelligence Community
(A) -The Senior Official of each organization of the -
intelligence community shall insure his organization
operates in accordance with the Executive Order. He
shall establish a system of independent inspection
within the organization and provide information to
the NSC, CFI and Intelligence Oversight Board. Other
responsibilities as designated in Section IV of the..
Order.
-(B) CIA is responsible, among other duties as defined
..in Section IV. of the Order, for:
. Production of national intelligence
maintaining- and improving a national.-intel-
ligence analytic base
{
Collection by other than normal, overt means
Foreign counterintelligence activities
Undertaking activities . defined- in the
Executive Order necessary to implement
the above
(C) The Department of State is primarily responsible for
overt-collection of foreign, non-military.information..
Its Bureau. of Intelligence and Research shall also.
produce departmental intelligence and contribute
to national intelligence production.
The Department of Treasury.is responsible for overt
collection of foreign, economic information.
(E) The Department of Defense is. responsible for:
Overt collection outside the United.. States
of foreign. military and military-related
information..
Produce that intelligence required to fulfill
the responsibilities of DOD.
Manage the Defense Attache system.
Provide intelligence staff support to the
Joint Chiefs of Staff.
 Approved For Release 2006/11/04: CIA-RDP79M00467A001300190001-7
, ?
5
The National Security Agency is responsible for:
Full control over signals intelligence
collection activities.
Production and dissemination of signals
intelligence.
Providing communications security services
to the U.S. Government.
Research and development related to signals
intelligence.
(F)
The
Energy Research and Development Administration
is
to
responsible for producing i..ntelligence relating
atomic and nuclear matters.
(G)
The Federal Bureau of Investigation is responsible
for:
Making available to foreign intelligence
agencies foreign intelligence and foreign
counterintelligence which it collects.
Conducting foreign counterintelligence
activities within the United States.
(3) Restrictions on Intelligence Activities
The Executive Order prohibits or severely restricts the
following activities by United States foreign intelligence
agencies: d .
searches of United States persons.
Collection and analysis of information on the
domestic activities of United States citizens,
corporations and organizations and permanent
resident aliens (referred to as U.S. persons).
Physical or electronic surveillance or physical
law.
Opening of'United States mail in violation o
Illegally obtaining federal tax returns or
information.
Infiltration of domestic groups for the purpose.
of influencing or reporting on them.
-Experimentation with drugs on humans without the
subject's informed consent.
Sharing among agencies information on the.
domestic activities of United States persons
except in. compliance with stringent safeguards.
Assignment of personnel to other agencies.
Providing assistance to law enforcement. agencies
in violation of law.
Testing of'electronic surveillance equipment
within the United States.
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Limited exceptions are permitted to allow the agencies
to meet the legitimate foreign intelligence needs of the
Nation. These narrow exceptions are expressed in detail
in the Order. They are designed to permit the following
activities under carefully defined circumstances:
Collection of information on the domestic activi-
ties of U.S. persons in order to: conduct security
checks on intelligence agency'employees, contrac-
tors, people who are given access to classified
information and persons who may assist the agency
in the future. Overt collection of certain
foreign intelligence information from other
government agencies. -
Counterintelligence and counterespionage activities.
(4) Oversight of Intelligence Activities,
1. Responsibility to assist the President, the
NSC and the Attorney. General in overseeing
the intelligence community is. assigned by
Executive Order to the Intelligence Oversight
Board (Oversight Board).
2.. New membership consists of three members from
the private sector designated by the President.
One of these will be designated by the President
to be Chairman. They will also be made members
of the PFIAB.
Receive and consider reports by inspectors
General and General Counsels of the
intelligence community concerning activi-
ties that raise questions of legality or
Review periodically the practices and
procedures of the intelligence community..
Inspectors General and General Counsels
designed to assist the Oversight Board.
as appropriate, to the Attorney General-
and the President on any activities that
raise serious questions about legality.
It shall report to the President on'
activities that raise questions of pro-
priety of intelligence community activities.
Receive staff support from persons not
connected with the intelligence community.
(5) Secrecy Protection
All persons given access to information containing Intel-
ligence sources and methods shall be required to sign an
agreement that they will not disclose that information to
persons not authorized to receive it.
.propriety.
Approved ForRef ase_20U6/11/04; GIA--RD 13004
 Approved For Release 2006/11/04: CIA-RDP.79M00467A001300190001-7
I4ES SAG E TO CO', SS AND PROPOSED LEGISL
CA) Message
Today the President sent a message to the Congress which:
(1) Advised the Congress of the actions he has taken
by Executive Order.
(2) Transmitted the legislative proposal as indicated.
below.
(3) Urged Congress to establish effective oversight
. consistent with the following general objectives:
The oversight functions should be centralized
in a Joint House-Senate Committee to provide
better security.
Both.the House and Senate should adopt rules
to insure that secrets will not be improperly
disclosed.
The President's injunction of secrecy over
foreign intelligence information provided to
the Congress by the Executive Branch should be
respected.
The Executive Branch should keep the Joint
Oversight Committee fully informed of foreign
intelligence matters, but there should be no
requirement for prior notification of specific
activities.
(4) Section 662 of the Foreign Assistance Act should be
repealed. This requires the intelligence agencies
to brief over six committees of Congress on covert
actions and has resulted in unauthorized disclosures
of classified information.
(B) Legislation
The President submitted the following proposed legislation:
Secrecy of Sources and Methods
This bill provides for:
.Grimina-1penalties- ?for- the -disclosure-
to. unauthorized persons of information
relating to intelligence sources and
methods.
Limits its:coverage to persons whose
access to such information arouse out of.
their relationship to the Government
(Government employees, contractors and
contractor employees).
Injunctive relief where unauthorized
disclosure is threatened and serious
damage to the intelligence-collection
effort would result.
 Approved Fo Release 2006/11/04: clA-RDP79M00467A001300190001-7
The President endorsed the objectives of the legislation
J 1proposed by the Senate Select Intelligence Committee
to prohibit the assassination of foreign officials in
peacetime.
The President also will meet with Congressional leaders
to develop acceptable proposed legislation to control
electronic surveillance in the United States and mail
openings for foreign intelligence purposes.