FEDERAL REGISTER PART III: THE PRESIDENT UNITED STATES FOREIGN INTELLIGENCE ACTIVITIES EXECUTIVE ORDER 11905

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00988R000400120010-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 38
• Document Creation Date: December 15, 2016
• Document Release Date: October 10, 2003
• Sequence Number: 10
• Publication Date: February 19, 1976
• Content Type: REPORT

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PART III:
THE PRESIDENT
UNITED STATES FOREIGN
INTELLIGENCE ACTIVITIES
Executive Order 11905
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 THE PRESIDENT 7703
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Title 3-The President
Executive Order 11905 February 18, 1976
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:
TABLE OF CONTENTS
Section 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
5 RESTRICTIONS ON INTELLIGENCE ACTIVITIES 23
6 OVERSIGHT OF INTELLIGENCE ORGANIZATIONS 31
7 SECRECY PROTECTION ..................... 35
8 ENABLING DATA .......................... 35
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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 counterintell'..qence 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
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
(9) Intelligence element of the Energy
Research 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 s?T`eall 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 (i) 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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ILLEGIB
(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 t:he 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 CFI.
(5) Decisions of the CFI may bye reviewed
by the National Security Council upon appeal by the
Director of Central Intelligence or any member of the
National Security Council.
(c) The Operations Advisory 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 to designated by the
President. The Attorney General an.d the Director
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of the Office of Management and Budget or their repre-
sentatives, and. others who may ~e des.ignated by the
President, shall attend all meetings as observers.
(2) The Operations. Group-shall (i) consider
and develop a policy reeommend'atian, including any
dissents, far 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 Intelli ence.
(1) The Director of Central Intelligence,
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pursuant to the National Security A~~t:: of :194?,, shall
be responsible directly to the lJatior-al Secur:~ty Council
and the president. He shall:
(i~ Chair the CFI.
;i.i) Act as executive head o.f the 'CIA and Iatelli.-
~gence C:ozsununity staff_
(i_ii) Ensixz`e the development and s1abmission of
a budget for the :iational Foreign ]:ntelli:gence Pr?gram
to the CFI.
(iv) Act as the President's ~~rimary ad~~iser on
foreign. intelligence and provide h:~n~. and other officials
in the Executive branch with forei~3n intelligence.
including National Intelligence Estimates; develop
national intelligence requirements sand p:riar:~ties;
and supervise production and disseni~nation o:E national
intelligence.
(v) insure appropriate implementation of special
activities in support of national f>>reign policy
objectives.
I;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 program: are
developed which properly protect :Lntell:Lgence sources,
methods and analytical procedures. His responsibility
within the United States shall be l.imit~~d 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.
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(xi) Act as the principal spokesman to the Congress
:for the Intelligence Community and facil:;_tate 1.he use
of foreign intelligence products by Congress.
(xii) Promote the development and ma.intenance~ by
the Central Intelligence Agency of services of comrlon
concern to the Intelligence Community orc~anizai~ion:;,
including multi-discipline analysis, nat:Lenal :Leve:_
intelligence products, and a national level cwcrent
intelligence publication.
(xtiii) Establish uniform criteria .Eor the identi-
fication, selection, and designation of :rEr.lative prior-
ities for the transmission of critical i~zt:.elligenec~,
and provide the Secretary of Defense with cont:inui~lg
guidance as to the communications requir~.r.~ents of i.he
Intelligence Community for the transmiss.ic~n of such
intelligence.
(xiv) Establish such committees of collectors,
producers and users of intelligence to assist in h:is
conduct of his responsibilities as he dearns ap;prop:riate.
(xv) Consult with users and produc?x~s o~ int~alli-
Bence, including the Departments of Statex Treasury,
and Defense, the military services, the Federal Bureau
of Investigation, the Energy Research and Developm=nt
Administration, and the Council of Econom:r.c Advisors,
to ensure the timeliness, relevancy and q~sality 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 o_f 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 ;or.ovisions apply
to activities both inside and outsi3E~ the Unil:ed States.
and all references to law are to ap~~licable l~iws of the
United States. Nothing in this sec1:ion of this Order
shall be construed to interfere with any law-enforcement
responsibility of any department or agency.
(a} Senior Officials of _the Int:elligence_Communi~.
The senior officials of the CIA, Departments of State,
Treasury and Defense, ERDA and the F'BI shall ensure
that, in discharging the duties and responsibilities
enumerated for their organizations which relate to
foreign intelligence, they are responsive to t'he 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 directi?aes re:lati.~ig to
intelligence activities are carried ~~ut in accordance
with law and this Order, including S~:ction 5, rind shall;
(1) Make appropriate use of the capaibilities
of the other elements of the Intelligence Community in
order to achieve maximum efficiency.
(2) Contribute in areas of? his z?espansibility
to the national intelligence product, 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 i.ntelli.gence
sources and methods within his department: or agency,
consistent with policies and guidance of the Disect.or
of Central Intelligence.
(9) Conduct a continuing review of all classi-
fied material originating within his org~inizati.on and
promptly dec:l.assifying such material con:aistent: with
Executive Order No. 11652, as amended.
(10) Provide administrative and. support functions
required by ]1is department or agency.
(b) The Central Intelligence Agenc~~. All duties
and responsibilities of the Central Inte='_ligence Agency
shall be related to the foreign intelligence funct.i_ons
outlined below. As aut'trorized by the Nai.ional Security
Act of 1947, as amended, the CIA Act of :1949, as arlended,
and other laws, regulations, and directives, the Central
Intell~3ence Agency shall:
(1) Produce rind disseminate foreign intelli-
gene relating to the national security, including
foreign political, economic, scientific, t.echn:~cal,.
military, sociological, and geographic intelligence,
to meet the needs of the Preside~rt, the National Security
Council, and other elements of the united States
Gover.nm?nt.
(2) Develop and conduct programs to colaect
political, economic, scientific, technic.3), militay,
geographic, and sociological inf.ormat.ion, 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. Ln order to
maintain this security, the CIA shall conduct. such investi-
gations of applicants, employees, and other perscns with
:similar associations with the CIA as a>:?e necessary.
r; 9) Conduct administrative, technical and support
activities in the United States or abroad as may be neces-
sary to per. form the fur_ctions described in parag>:?aphs (:L)
through (8} above, including procurement, mai.nter~ance
and transport; communications and data proce:;sinc~;
recruitment and training; the p.rovisioil of pE~rsarenel,
financial and medical services; development cif e;~sential
cover and proprietary arrangements; entering into con-
tracts and arrangements with appropriate private companies
and institutions to provide classified car unclas:~i.fied
research, analytical and developmental suervices and
specialized expertise; and entering into similar arrange-
ments with academic institutions, provided C:IA s~~onsor-
ship is known to the appropriate senior official:a of
the academic institutions and to senior proje~~t o:Eficials.
(c) The Department of State. The Secretary of
State shall:
(1) Collect, overtly, foreign politic,~l,
political-military, sociological, economic, scientific,
technical and associated biographic infc:~rmation,
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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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(E) Participate with the Department of. State
in.the overt collection of general foreic3n economic
information.
(3) Produce that intelligence required for the
execution of the Secretary's interdepartTnental respon-
sibilities and the mission of the Department of the
Treasury.
(4) Contribute intelligence and guidan,~:e
required for the development of national intelligence.
(5) Disseminate within the United :Stag=_s
Government, as appropriate, foreign intelligence :informa-
tion acquired.
(~?) Department of Defense.
(1) The Secretary of Defense ;hall:.
(i) Collect foreign military intel~.igence inform-
ation as well as military-related forei~~l~ int~elli~~ence
information, including scientific, tech:n~_cal, political
and economic information as required for the ~exec~ztion
of his responsibilities.
(ii) Produce and disseminate, as ?approp:riate,
intelligence emphasizing foreign military cap;abil:ities
and intentions and scientific, technical and econ~~mic
developments pertinent to his responsibi~.ities.
(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, except as otherwise approved
by the CFI.
(vi) Provide for the timely transmission of
critical intelligence, as defined by the Director of
Central Intelligence, within the United States Government.
(2) In carrying out these assigned respon-
sibilities, the Secretary of Defense is authorized to
utilize the following:
(i) The Defense Intelligence Agency (whose functions,
authorities and responsibilities are currently publicly
assigned by Department of Defense Directive No. 5105,21)
(A) Produce or provide military intelli-
gence for the Secretary of Defense, the Joint Chiefs
of Staff, other Defense components, and, as appropriate,
non-Defense agencies.
(B) Coordinate all Department of Defense
intelligence collection requirements and manage the
Defense Attache system.
(C) Establish substantive intelligence
priority goals and objectives for the Department of
Defense-and provide guidance on substantive intelligence
matters to all major Defense intelligence activities_
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(D) Review and maintain a~ognizance 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 in.tellig~ence activities
of the United States Government, except. Eor 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 t8 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 h~ith objectives;
requirements, and priorities established by the ~~irector
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 Stages Government.
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THE PRESIDENT 77~
zl
(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.
FEDERAL RKi1STER, YOL 41, MO. 94-THURSDAY, FE~R{IARY 19 1976
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772Q THE PRESIDENT
22
(2) Disseminate such int~a~.ligence and provide
technical and analytical expertise ~_c~ other Intelligence
Community organizations and be responsive to t:he guidance
of the Director of Central Intelligence and the Committee
on Foreign Intelligence.
(3) Participate with other Intelligence Community
agencies and departments in farmulatirig collection require-
menu where its special technical ex.~ertisa_ can contribute
to such collection requirements.
(g) T;7e Federal Bureau of Inve;;t.iyation_ Under
the supervision of the Attorney General and pu=suant to
such regulateions as the Attorney General ma.y establish,
the Director of the FBI shall:
(1) Detect and prevent espionage, sabotage,
subversion, and other unlawful activities b:y or or. behalf
of foreign powers through such lawful counterini~elligence
operations within the United States, :in.cluding ea ectronic
surveillance, as are necessary or usei:ul for such purposes.
(2) Conduct within the United Siea~tes and its;
territoriE:s, when requested b_y officia.Is of the Intelli.-
genre Community designated by the President, those lawful
activities, including electronic surveillance, authorized
by the President and specifically approved b~y tha_ Attorney
General, to be undertaken in support o:E fore:ign ~ntelli-
genre collection requirements of other ~ntelligerice agencies.
Ap p rov~~EF'2~r~~L~sL?10~I3I'~/a'~T~~?-~D ~~ ~9~?8 F~'d$ 0400120010-5
 Approved For Release 2003/1 ~}~ p85-009888000400120010-5 7725
(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 appropriates 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
de vices 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 thy.field of national defense and
foreign relat:ions. 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
Approved Fo~E~J,g~~S~.Q03b1.1,(Q6r~cc,C}A=F~Qk385,~p~8BJ~0?O4fl@6120010-5
 7~7a6 Approved For Release 200~~~/06 : CIA-RDP85-009888000400120010-5
PRESIDENT
and does not provide exemption from and+t restrictions
otherwise applicable. Unless otherwise specified, the
provisions of this section apply to activities both
inside and outside the United States. Refe:renc~~s to
law are to applicable laws of tY~e United States..
(a) Definitions.. As used in th:Ls section of this
Order, the following terms shal..l have the meanings
ascribed to them below:
(1) "Collection" means any one or more of
the Gathering, analysis, dissemination or storage of
non-publiely 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 surveillana_"' means a~_quisition
o# a non-public communication by electronic mean:a,
without the consent of a person who is a party to, or,
in the case of a non-electronic communication, v~_sibly
present at, the communication.
(4) "Employee" means a person empl_oyect
by, assigned or detailed to, or acting for a United
States foreign intelligence agency.
App~-~~le ~gSr,TReVOaSe,2N0334--OURS ATAFRDPBY ;009888000400120010-5
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25
(5) "Foreign intelligence" means information
concerning the capabilities, intentions and activities
of any foreign power, or of any non-United States
person, whether within or outside the United States, or
concerning areas outside the United States.
(6) "Foreign intelligence agency" means the
Central Intelligence Agency, National Security Agency,
and Defense Intelligence Agency; and further includes
any other department or agency of the United States
Government or component thereof while it is engaged
in the collection of foreign intelligence or counter-
intelligence, but shall not include any such department,
agency or component thereof 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 Buzeau of Investigation.
(7) "National security information" has the
meaning ascribed to it in Executive Order No. 11652,
as amended.
(8) "Physical surveillance" means continuing
visual observation by any means; or acquisition of a
non-public communication by a person not a party thereto
or visibly present thereat through any means which does
not involve electronic surveillance.
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(9) "United States person" means United
States citizens, aliens admitted to the United States
for permanent residence and corporations or other organ-
izations incorporated or organized in the United States.
(b} Restrictions on Collection, Foreign intelli-
gence agencies shall not engage in any of the follow-
ing activities:
(1) Physical surveillance directed against a
United States person, unless it is a .Lawful surveillance
conducted pursuant to procedures approved by the head
of the foreign intelligence agency and directed against
any of the following:
(i) A present or former employee of such agency,
its present or former contractors or their pr-went 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, h~ho is in contact
with either such a present or formez~ contractor or
employee or with a non-United State: person wr~o is the
subject of a foreign intelligence oz' count:erir~telligence
inquiry, but only to the extent necessary to identify
such United States person; or
(iii) a United States person ou,tsidE: they United
States who is reasonably believed to be ac:tinc~ on behalf
Approvedeo~A~~~~~se ~bQ~~~~ N~O~~4 Gr~i R~Q~~~~(~~~2g$~6400120010-5
 Approved For Release 2003/111: R'~1P~DR85-009888000400120010-5 '7729
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 zpproved by the
Attorney General; provided, that the Central Intelligence
Agency shall not perforn 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 oz. examination of envelopes
of mail in United States postal channels except in accord-
ance with applicable statutes and regulations.
(5) Examination of Federal tax returns or tax
information except in accordance with applicable statutes
and regulations.
(6) Infiltration or undisclosed participation
within the United States in any organization for the
purpose of reporting on or influencing its activities
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28
or members; except such infiltration ar partici_pation
with respect to an organization composed prima~-iiy of
non--United States persons which is r~.asonably 2~elieved
to be acting on behalf of a foreign ]xawer_
(7) Collection of informa,t~..on, however
acquired, concerning the domestic ac+ti..vities oi` United
States persons excepts
{i) 7.nfozzaation concerning corjxsratia~ns or other
commercial organizations which coas+t.:iiutes foreign
intelligence or counterintelligence.
{ii) Information concerning pr~~sent or former
employees, present or former contractors o:r their present
or farmer employees, flr applicants for any such employ-
went or contracting, necessary to pr~~i:ect foreign
i.ntellig.ence or counterintelligence sources or methods
or national security information from unauthor.:ized
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 cflmpliance with Section ~{b)(2); or foreign intelli-
gence acrguired from cooperating sources in t3ae ~7nted
States_
{v) Inforsna+tio~n about a United Mates person who
is reason.abll? 3aeliewed . to be acting mrn 3~e7ialf t~f a
foreign p~o~aer os erigazging in inter~~ti?n~l terrDrist
nr nar~ti~ actauaties..
{vi) 2zlfu~rmation miming pers~o4ns car af Febn~ary 17, 1976, announcing a
reorganization of the intelligence community, see the Weekly Compilation of Presidential :Documents (vol. 12,
no. 17).
FFDERAI REGISTER, VOI. 41, NO. 34-THURSDAY, FEBRUARY 1I1, 1976
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Advance Orders are now being Accepted
for deliaery in about 4 weeks
CODE OF FEDERAL REGULATIONS
(Revised as of October 1, 1975)
Quantity
Volume
Stock Number
Price
Amount
Title 49-Transportation
022-(H?3-9314f~5
$6.80
~-----
(Parts 100--199)
- Title 49--Transportation
022-003-93147-3
5.90
-
(Parts 200-999)
Total
Order
$----
fA Cumulative checklist of CFR issuances for 1975 appears fn the ~trst issue
of the Federal Register each month under Title 1 ]
MAIL ORDER FORM To:
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