70. Executive Order 119051
United States Foreign Intelligence Activities
By virtue of the authority vested in me by the Constitution and statutes of the United States, including the National Security Act of 1947, as amended, and as President of the United States of America, it is hereby ordered as follows:
[Omitted here is the Table of Contents.]
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 depart[Page 221]ments and agencies, and to establish effective oversight to assure compliance with law in the management and direction of intelligence agencies and departments 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 information, 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;
- (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
- (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 reconnaissance 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, designated by the Committee on Foreign Intelligence as part of the Program.
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 integra[Page 222]tion 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 intelligence 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 consider the needs of users of intelligence and the timeliness and quality of intelligence products and the continued 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:
(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 (i) control budget preparation 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 collection and production of national intelligence.
(iii) Establish policy for the management of the National Foreign Intelligence Program.
(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 Intelligence 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 Intelligence Community.[Page 223]
(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 be reviewed by the National Security Council upon appeal by the Director of Central Intelligence or any member of the National Security Council.
(c) The Operations Advisory Group.
(1) There is established the Operations Advisory Group (hereinafter referred to as the Operations 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 of the Office of Management and Budget or their representatives, 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 previously considered by the Operations Group.
(iii) Give approval for specific sensitive intelligence collection operations as designated by the Operations 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, pursuant in 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 Intelligence Community staff.
(iii) Ensure the development and submission of a budget for the National Foreign Intelligence Program to the CFI.[Page 224]
(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:
(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 departments and agencies performing foreign intelligence activities; and
(C) in cases involving serious or continuing 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. 11652.2
(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.3
(x) Ensure the establishment, by the Intelligence Community, of common security standards for managing and handling foreign intelli[Page 225]gence systems, information and products, and for granting access thereto.
(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 common concern to the Intelligence Community organizations, including multi-discipline analysis, national level intelligence products, and a national level current intelligence publication.
(xiii) Establish uniform criteria for the identification, selection, and designation of relative priorities 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 intelligence, including the Departments of State, Treasury, and Defense, the military services, the Federal Bureau of Investigation, the Energy Research and Development Administration, and the Council of Economic Advisors, to ensure the timeliness, relevancy and quality of the intelligence product.
(2) To assist the Director of Central Intelligence in the supervision and direction of the Intelligence Community, the position of Deputy to the Director of Central Intelligence for the Intelligence Community is hereby established (Committee on Foreign Intelligence).4
(3) To assist the Director of Central Intelligence 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.[Page 226]
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 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.
(3) Establish internal policies and guidelines 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 information 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 Intelligence, 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.[Page 227]
(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 classified 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 1949,5 as amended, and other laws, regulations, and directives, the Central Intelligence Agency shall:
(1) Produce and disseminate foreign intelligence 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 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 information from cooperating sources in the United States, acquisition and translation of foreign publications and photographic interpretation.[Page 228]
(7) Carry out or contract for research, development and procurement of technical systems and devices relating to the functions authorized in this subsection.
(8) Protect the security of its installations, activities, information and personnel. In order to maintain this security, the CIA shall conduct such investigations 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 necessary 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 contracts and arrangements with appropriate private companies and institutions to provide classified or unclassified research, analytical and developmental services and specialized expertise; and entering into similar arrangements with academic institutions, provided CIA sponsorship is known to the appropriate senior officials of the academic institutions and to senior project officials.
(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.
(2) Produce and disseminate foreign intelligence 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 on all elements of their missions.
(d) The Department of the Treasury. The Secretary of the Treasury shall:
(1) Collect, overtly, foreign financial and monetary information.[Page 229]
(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 responsibilities 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 information acquired.
(e) Department of Defense.
(1) The Secretary of Defense shall:
(i) Collect foreign military intelligence information 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.
(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 responsibilities, 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) to:
(A) Produce or provide military intelligence 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 Attaché 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.[Page 230]
(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 operations which are normally exercised through appropriate elements of the military command structure, or by the CIA.
(B) Exercise control over signals intelligence collection and processing activities of the Government, delegating to an appropriate agent specified resources for such periods and tasks as required for the direct support of military commanders.
(C) Collection, processing and 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.
(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, hereinafter referred to as ERDA, including the area of nuclear and atomic energy.[Page 231]
(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 requirements 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 Intelligence Community designated by the President, those lawful activities, including electronic surveillance, authorized by the President and specifically approved by the Attorney General, to be undertaken in support of foreign intelligence collection requirements of other intelligence agencies.
(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 and does not provide exemption from any restrictions otherwise applicable. Unless otherwise specified, the provisions of this [Page 232]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.
(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 counterintelligence, 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 enforcement 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.
(9) “United States person” means United States citizens, aliens admitted to the United States for permanent residence and corporations or other organizations incorporated or organized in the United States.
(b) Restrictions on Collection. Foreign intelligence agencies shall not engage in any of the following activities:
(1) Physical surveillance directed against a United States person, unless it is a lawful surveillance conducted pursuant to procedures ap[Page 233]proved 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 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 accordance with applicable statutes and regulations.
(5) Examination of Federal tax returns or tax information except in accordance with applicable statues and regulations.
(6) Infiltration or undisclosed participation within the United States in any organization for the purpose of reporting on or influencing its activities or 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.[Page 234]
(ii) Information concerning present or former employees, present or former contractors or their present or former employees, or applicants for any such employment 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 counterintelligence 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.
(iv) Foreign intelligence or counterintelligence gathered abroad or from electronic surveillance conducted in compliance with Section 5(b) (2); or foreign intelligence 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 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).
(d) Restrictions on Experimentation. Foreign intelligence agencies shall not engage in experimentation with drugs on human subjects, except with the informed consent, in writing and witnessed by a disinterested third party, of each such human subject and in accordance with the guidelines issued by the National Commission for the Protection of Human Subjects for Biomedical and Behavioral Research.
(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.[Page 235]
(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.
(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 conspire to engage in, political assassination.
(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 counterintelligence 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 Oversight Board.
(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 background and experience. The members of the Oversight Board may also serve on the President’s Foreign Intelligence Advisory Board (Executive Order No. 11460 of March 20, 1969).6 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:[Page 236]
(i) Receive and consider reports by Inspectors General and General Counsels of the Intelligence Community concerning activities that raise questions of legality or propriety.
(ii) Review periodically the practices and procedures of the Inspectors General and General Counsels 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.
(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 information 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 departments shall:
(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 agencies 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 the Intelligence Community, if any, which raise questions of legality.[Page 237]
(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 on March 20, 1969, remains in effect.
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 intelligence 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 appropriate 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 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.7[Page 238]
(c) This Order shall supersede the Presidential Memorandum of November 5, 1971, on the “Organization and Management of the U.S. Foreign Intelligence Community.”8
(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.
- Source: Weekly Compilation of Presidential Documents, Vol. 12, No. 8, February 23, 1976, pp. 234–243. Ford announced the main points of the Executive Order during a news conference broadcast live on radio and television from the White House East Room beginning at 8 p.m. on February 17. At the same time, he announced the creation of an Intelligence Oversight Board, comprised of prominent private citizens, under the chairmanship of Robert Murphy. For the text of Ford’s announcement and the question-and-answer session that followed, see Public Papers: Ford, 1976–77, Book I, pp. 348–360.↩
- For the text of Executive Order 11652, “Classification and Declassification of National Security Information and Material,” signed on March 8, 1972, see Weekly Compilation of Presidential Documents, Vol. 8, No. 11, March 12, 1972, pp. 545–550.↩
- On November 12, Murphy provided Ford with a status report on the IOB, noting that since Executive Order 11905 a “good faith effort at compliance” had begun within all elements of the Intelligence Community. Furthermore, Murphy noted, the process of review and reporting “has caused some activities to be terminated, in whole or in part, and others to be suspended pending further review, modification or specific approval within the Department of Justice, the Operations Advisory Group or by you.” (Ford Library, Files of Philip W. Buchen, Box 116, Intelligence Subject File, 1974–76, Intelligence Oversight Board—General (2))↩
- The implementation of the provisions of this and the following paragraph were confirmed in a memorandum from Bush to the Deputy DCI and the Deputy to the DCI for the Intelligence Community, July 22. (Central Intelligence Agency, OPI 10, Executive Registry, Job 80M01044A, Box 2, Bush Files (Eyes Only) Reorganization of U.S. Foreign Intelligence Community)↩
- P.L. 81–110, known as the CIA Act of 1949, gave the CIA the authority to carry out the duties assigned to it by the National Security Act of 1947, including to receive and spend money, administer overseas employees, and protect the confidentiality of CIA activities.↩
- “Establishing the
President’s Foreign Intelligence Advisory Board,”
Foreign Relations,1969–1976, vol. II, Organization and Management of U.S. Foreign Policy, 1969–1972, Document 188.↩
- A July 6 memorandum from Scowcroft to the Chairman of the United States Evaluation Board indicates that, pursuant to Executive Order 11905, the NSC was “reviewing and revising” all NSCIDs. (National Security Council, Ford Administration Intelligence Files, United States Evaluation Board (USEB), 18 Oct 1974–24 Aug 1974) Undated drafts of revised versions of NSCIDs 1–8 are ibid., CFI Eighth Meeting, May 14, 1976.↩
Foreign Relations,1969–1976, vol. II, Organization and Management of U.S. Foreign Policy, 1969–1972, Document 242.↩