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December 15, 2016
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October 10, 2003
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February 19, 1976
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Approved For MU=3/13/06: CIA-RDPUM YQOEEBRUARY 19, 1976 .,7 ? PART III: THE PRESIDENT UNITED STATES FOREIGN INTELLIGENCE ACTIVITIES Executive Order 11905 Approved For Release 2003/11/06 : CIA-RDP85-00988R000400120010-5 THE PRESIDENT 7703 Approved For Release 2003/11/06 : CIA-RDP85-00988R000400120010-5 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 Approved For1FtM&W'2bb3/9'1/b'6 ~?ZIK?-RRMW'-b66 fRI00400120010-5 Approved For Release 2003T' /OVFeA DP85-00988R000400120010-5 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; Appro\MtfP iiR'RLsift9lS2@03*1 i/1-nQkAhRPRMAWQ"13990400120010-5 Approved For Release 2003/11IJ41 N 5-00988R000400120010-5 (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. Approved FFi?4ER6I 420AW'b1/OFD: Sa'.1,Aa Qj?A5-QQ%?2Rn,Oq A120010-5 Approved For Release MOM t10$IDEM-RDP85-00988R000400120010-5 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. ApprovedFE E A~ ~ asp 38034/1/ g63 4.2J&-y ?88BQ $8, 0 00120010-5 Approved For Release 2003/11M16PRR3 @P85-00988R000400120010-5 (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. Approved ForRReiessa20&3/4il/0o ;3gI"FR$5 $F O Q0120010-5 Approved For Release 20041E1/pj~SM1RDP85-00988R000400120010-5 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 ApprovedFE o FfJ81ifri ag03111Ig634 Cl&- ~8hg9I9AA18,ROU9Q4 001 2001 0-5 Approved For Release 2003/11/O~ECA85-009888000400120010-5 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, ApprovedFF~-R~~Be 4903rt~'W66~a~.F4#v8~Q~,~8~0~400120010-5 Approved For Release 200~~1~Q~y~~~RDP85-009888000400120010-5 ~3 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: Approved For Release 2003/11/06: CIA-RDP85-~~~,>~~~g~~0120010-5 FEDERAL REGISTER, VOL. 41, NO. 34-THURSDAY, R . Approved For Release 2003/11/~~~ 35-009888000400120010-5 (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. Approved ~~?~Rlel~dra+~R?09e~/~~~/A~. ~s~~'Fi~$5F~~~i~~F~$U~s~40120010-5 7712 Approved For Release 200~~'IE1/~s~~~RDP85-009888000400120010-5 ~~ (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. Approve~pF~ROAr~ ~e~4~~se.~~003/1NO 06 _ HIAsRDP8 R 009888000400120010-5 Approved For Release 2003/~M~O8R~P85-009888000400120010-5 11 (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 Approved Fo~~l~a+~s~[i0S{~?1fr06~!~fA=F#'3YO~~d~4~b~20010-5 Approved For Release 2003/1rN?EpR~QP85-009888000400120010-5 ~2 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. Approv~6~,~irR~~~s~g~2(~Q3~,~1/~46 T~~~D~~5~A~0988R000400120010-5 Approved For Release 2003/11l[1~: R'NIf61QE1~RR85-009888000400120010-5 13 (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. ApprovedF~raR~ ~8~3,I~1'~863~C}~~P~8~e~~~~~8R0006 001 2001 0-5 Approved For Release 206~~1'a~~rp~~-RDP85-009888000400120010-5 (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 Approved For Release 2003/11/06: CIA-RDP85-009888000400120010-5 Approved For Release 2003/1'I~` P6A~lCi~BP85-009888000400120010-5 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. ApprovedFB~R~esns~ 2803J~~'~J~.634~~~8~g$8~~0~4 001 2001 0-5 Approved For Release 2003#~/(~EDP85-009888000400120010-5 ~, ~ (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, Approved For Release 2003/11/06: CIA-RDP85-009888000400120010-5 FEDERAL REGISTER, VOL. 41, NO. 34-THURSDAY, FEBRUARY 79', 1976 Approved For Release 2003/17lA~6P.R6S/bEl~DP85-009888000400120010-5 17 (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. ApprovedF~MR~+~e E~03h1'N6.6a~~t~9u~R,8~e~&~8,1~0{~k9400120010-5 Approved For Release 2003/~'~'I~O~f~~~DP85-009888000400120010-5 LS (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. Approved For Release 2003/11/06: CIA-RDP85-009888000400120010-5 FEDERAL REGISTER, VOL. 41, NO. 34-THURSDAY, FEBRUARY 19, 1976 Approved For Release 2003/11/O~FG~~5-009888000400120010-5 (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_ Approved FoP~2~~s~,Ot~1.14i16~CiA-I~FDf~38~A~9~8,9~00~4~OQ6120010-5 77~ Approved For Release 2008'1 RI~~PET~-RDP85-009888000400120010-5 20 (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. Approv~E~,Br,~~s~~0~~/~1 /g~T~J,(~~Q~$9$,$1~0400120010-5 Approved For Release 2003/11/06: CIA-RDP85-009888000400120010-5 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 Approved For Release 2003/11/06: CIA-RDP85-00988ROOb400120010-5 Approved For Release 2003/11/06: CIA-RDP85-009888000400120010-5 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 Approved For Release 2003/11T6~r :P~~I~R85-009888000400120010-5 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. Approved ~Rg4~f~~~ 2?934'1.1~+?Ei ~4GI~d8~0~8r8F~Q04b400120010-5 Approved For Release 200~j(j~1~y~~~TRDP85-009888000400120010-5 (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 Approved F~F~~+I~~~O?~~1~14t1A6a CAS??~8~-64~R0~;0~00120010-5 Approved For Release 2003@/~~a~RDP85-009888000400120010-5 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. Approved~R~ ?~Q3~'1'1~6~C~~~8~8~0~00120010-5 Approved For Release 2003/11/QG1E ~I!'~i~'RE5-009888000400120010-5 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 Approved For Release 2003/11/06 :CIA-RDP85-009888000400120010-5 Approved For Release 2003/11/06 :CIA-RDP85-009888000400120010-5 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: Superintendent of Documents, Government Printing Office, Washington, D.C. 20402 Please send me the publications I have checked. 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