234 
PRESIOENTCAl  DOCUMENTS:  CfRAlD  fc  FOtO,   1976 
States  support  for  and  encouragement  of  the  important 
evolution  which  has  begun  in  Spain  and  to  which  the 
Spanish  Government  renewed  its  cornmitment  in  connec- 
tion with  the  signing  of  the  Treaty.  The  Treaty  reflects 
the  mutual  conviction  of  Spain  and  the  United  States 
that  the  proper  course  of  this  evolution  should  include, 
as  major  objectives,  the  integration  of  Spain  into  the 
institutions  of  Europe  and  the  North  Atlantic  defense 
system  and  shooid  include  a  broadly  based  cooperative 
relationship  with,  the  United  States  in  all  areas  of  mutual 
interest.  The  Treaty  should  contribute  positively  to  the 
achievement  at  these  goals. 
In  the  area  o£  western  security,  the  agreement  provides 
for  a  continuation  of  the  important  contribution  made  by 
Spain  through  facilities  and  related  military  rights 
accorded  United  States  forces  on  Spanish  territory.  The 
agreement  reflects  a  careful  balancing  of  Spanish  concerns 
with  the  changing  requirements  of  United  States  military 
deployment*  As  a  new  development  of  the  United  States- 
Spanish  defense  relationship,  the  Treaty  establishes  mech- 
anisms and  guidelines*  such  as  those  reflected  in  the 
provisions  dealing  with  military  planning  and  coordina- 
tion, to  help  develop  an  active  Spanish  contribution  to 
western  security,  a  contribution  which  complements  and  is 
coordinated  with  existing  arrangements.  The  Treaty  does 
not  expand  the  existing  United  States  defense  commit- 
ment in  the  North  Atlantic  Treaty  area  nor  docs  it  create 
an  additional  bilateral  one.  Finally,  the  Treaty  pledges 
military  assistance  to  the  Spanish  armed  forces  in  their 
program  of  upgrading  and  modernization.  The  major 
portion  of  that  assistance  is  in  the  form  of  loan  repayment 
guarantees.  The  actual  cost  to  the  United  States  taxpayer 
is  expected  to  be  far  lower  than  the  figures  listed  in  the 
agreement, 
I  recommend  that  the  Senate  give  prompt  consideration 
to  the  Treaty  and  consent  to  its  ratification. 
Gerald  R.  Ford 
The  White  House, 
February  18,  1976. 
May  25,  1973,  six  exchanges  of  interpretative  letters  of 
the  same  date,  and  an  exchange  of  interpretative  letters 
dated  December  23,  1 975.  I  urge  that  the  Senate  advise 
and  consent  to  ratification  of  the  Treaty  and  related 
matters. 
The  Treaty  is  the  first  major  international  agreement 
by  the  United  States  aimed  at  obtaining  information  and 
evidence  needed  for  criminal  investigations  and  prosecu- 
tions. Cooperation  of  this  kind  with  Switzerland  is 
uniquely  important  because  of  its  position  as  an  interna- 
tional financial  center.  Despite  the  general  cooperation 
of  Swiss  authorities  in  criminal  cases,  the  procedures  for 
obtaining  needed  information  have  been  generally  pon- 
derous and  inadequate.  Despite  this  cooperation,  United 
States  law  enforcement  and  investigative  agencies  have: 
frequently  encountered  severe  difficulties  in  obtaining- 
needed  information  from  Swiss  banks  because  of  bamcing* 
secrecy  laws.  ^r. 
The  new  Treaty,  as  implemented  by  Swiss  legislation^.: 
should  open  up  new  avenues  of  cooperation  in  Switzer-*- 
land  and  greatly  facilitate  the  work  of  the  Unitea  States 
law  enf  ^xement  and  prosecutive  agencies,  especially  in 
dealing  with  cases  involving  organized  crime.  Assistance 
will  extend  to  ascertaining  the  whereabouts  of  persons, 
taking  testimony,  producing  and  preserving  judicial  and 
other  documents,  records  and  evidence,  and  serving  and 
authenticating  judicial  and  administrative  documents. 
The  Treaty  is  expected  to  provide  a  useful  and  signifi- 
cant tool  in  combating  crime  and  bringing  offenders  to 
justice.  I  recommend  that  the  Senate  give  the  Treaty 
and  related  letters  prompt  consideration  and  consent  to 
their  ratification, 
Gerald  IL  Ford 
The  White  House, 
February  18,  1976. 
,-  ■     -  *  *"*• 
■  *  4-^L
U.S.-Swiss;  Treaty  on  Mutual 
Assistance  in  Criminal  Matters 
The  President's  Message  to  the  Senate  Transmitting 
the  Treaty  for  Advice  and  Consent  to  Ratification. 
Februaiy  18, 1976 
To  the  Senate  of  the  United  States: 
I  transmit  herewith  the  Treaty  between  the  United 
States  of  America  and  the  Swiss  Confederation  on 
Mutual  Assistance  in  Criminal  Matten,  signed  at  Bem  on 
United  States  Foreign 
Intelligence  Activities 
Executive  Order  11905.     February  18,  1976 
By  virtue  of  the  authority  vested  in  me  by  the  Constitu- 
tion 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 : 
Volume   12— Numb**-  %
rtlSJDSNTlAI.  DOCUMEKTS:  GBtAld  t.  FO*0,   19/6 
235 
Section 
1.    PUWOSR 
Table  of  Contents 
Description 
2.  Definitions  —   
3.  Control  and  Direction  of  Intelligence  Organi- 
zations  
[WCPZ)  Page 
Number)  * 
[235] 
     [235] 
(a)  National  Security  Council. 
(b)  Committee  on  Foreign  Intelligence. 
(c)  Operations  Advisory  Group   
(d)  Director  of  Central  Intelligence   
4.  Responsibilities  and  Duties  of  the  Intelligence 
Community   
(a)  Senior  Official   of  Each   Organization   of   the 
Intelligence  Community   
(b)  Central  Intelligence  Agency   
(c)  Department  of  State   
(d)  Department  of  the  Treasury. 
(e)  Department  of  Defense. 
(f)  Energy   Research   and   Development  Adminis- 
tration    
(g)  Federal  Bureau  of  Investigation. 
5.  Restrictions  on  Intelligence  AcnvrriEs   
6.  Oversight  of  Intelligence  Organizations. 
7.  Secrecy  Protection   
8.   EnABLINO   Data   
[235] 
[235] 
[235] 
[236] 
[236] 
[237] 
[2371 
[23cj 
[238] 
[238] 
[238] 
[239] 
[239] 
[240] 
[241] 
[242] 
[242] 
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  agen- 
cies, and  to  establish  effective  oversight  to  assure  com- 
pliance with  law  in  the  management  and  direction  of  in- 
telligence agencies  and  departments  of  the  national 
government. 
Sec  2.  Definitions.  For  the  purpose  of  this  Order,  un- 
less 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 ; 
1  Editor's  Not?.?:  The  page  numbers  of  the  above  table  of  co 
teiits  reflect  page  citations  in  the  Weekly  Compilation  of  President! 
Documents.  The  page  numbers  which  they  replace  vcere  references 
to  pages  in  the  original  document. 
con- 
ual 
{ 7 )  Intelligence  dement  of  the  Department  of  State  ; 
(8)  Intelligence  element  of  the  Department  of  the 
Treasury;  and 
(9)  Intelligence  dement  of  the  Energy  Research  and 
Devdopment  Administration. 
(c)  Special  activities  in  support  of  national  foteign 
policy  objectives  means  activities,  other  than  the  collection 
and  production  of  intelligence  and  related  support  func- 
tions, 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  publidy  acknowledged. 
(d)  National  Foreign  Intelligence  Program  means  the 
programs  of  the  Central  Intelligence  Agency  and  the 
spedal  offices  within  the  Department  of  Defense  for  the 
collection  of  specialized  intelligence  through  reconnais- 
sance programs,  the  Consolidated  Cryptdogic  Program, 
and  those  dements  of  the  General  Defense  Intelligence 
Program  and  other  programs  of  the  departments  and 
agendes,  not  induding  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  integration  of  domestic,  foreign,  and 
military  polides  rdating  lo  the  national  security.  Statu- 
tory 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  de- 
vdopment and  formulation  of  national  intelligence 
activities. 
(3)  The  National  Security  Council  shall  conduct  a 
semi-annual  review  of  intelligence  polides  and  of  on- 
going 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  Fordgn  policy 
objectives.  The  National  Security  Couutil  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 
Intdligence  (herdnaftcr  referred  to  as  the  CFI),  which 
shall  be  composed  of  the  Director  of  Central  Intelligence, 
hereinafter  referred  to  as  the  DCL,  who  shall  be  the 
Chairman;  the  Deputy  Secretary  of  Defense  for  Intelli- 
gence; and  the  Deputy  Assistant  to  the  President  for  Na- 
tional Security  Affairs.  The  CFI  shall  report  directly  to 
the  National  Srcurttv  Council. 
Volume   12— Number  $
M6 
PRESIDENTIAL  DOCUMENTS:  Q&AID  t.  FCID,   ?976 
(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  Intelli- 
gence Program, 
(B)  The  CFI  shall  also  adopt  rules  governing  the  re- 
programming  of  fends  within  this  budget.  Such  rules 
may  require  that  rcprogrammings  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  Na- 
tional Foreign  Intelligence  Program. 
(iv)  Provide  guidance  on  the  relationship  between  tac- 
tical 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. 
(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  Na- 
tional 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  des- 
ignated by  the  President,  shall  attend  all  meetings  as 
observers. 
(2)  The  Operations  Group  shall  (i)  consider  and  de- 
velop a  policy  recommendation,  including  any  dissents, 
for  the  President  prior  to  his  decision  on  each  special  ac- 
tivity 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  in- 
telligence collection  operations. 
(3)  The  Operations  Group  shall  discharge  the  respon- 
sibilities 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  mem- 
ber 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  to 
the  National  Security  Act  of  1947,  shall  be  responsible 
directly  to  the  National  Security  Council  and  the  Presi- 
dent. 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. 
(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  Na- 
tional 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  organiza- 
tions,  presently  or  formerly   under  contract  with  the 
Agency; 
(B)  providing  leadership,  guidance  and  technical  assist- 
ance to  other  government  departments  and  agencies  per- 
forming  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  Investiga- 
tion 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 
Vofum*  12— Number  8
WHSIOCNTlAt  DOCUMENTS:  GERALD  t  K>tD,   1976 
237 
and  that  each  Inspector  General  submits  quarterly  to  the 
Intelligence  Oversight  Board  a  report  which  sets  forth 
any  questionable  activities  in  which  that  intelligence  orga- 
nization has  engaged  or  is  engaged. 
(x)  Ensure  the  establishment,  by  the  Intelligence  Com- 
munity, of  common  security  standards  for  managing  and 
handling  foreign  intelligence  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  sendees  of  common 
concern  to  the  Intelligence  Community  organizations,  in- 
cluding 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  Sec- 
retary of  Defense  with  continuing  guidance  as  to  the 
communications  requirements  of  the  Intelligence  Com- 
munity for  the  transmission  of  such  intelligence. 
(xiv)  Establish  such  committees  of  collectors,  pro- 
ducers 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  De- 
fense, the  military  services,  the  Federal  Bureau  of  Investi- 
gation, the  Energy  Research  and  Development 
Administration,  and  the  Council  of  Economic  Advisors, 
to  ensure  the  timeliness,  relevancy  and  quality  of  the  in- 
telligence product. 
(2)  To  assist  the  Director  of  Central  Intelligence  in 
the  supervision  and  direction  of  the  Intelligence  Com- 
munity, the  position  of  Deputy  to  the  Director  of  Central 
Intelligence  for  the  Intelligence  Community  is  hereby  es- 
tablished (Committee  on  Foreign  Intelligence). 
-  (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,  dele- 
gate 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  respon- 
sibilities, 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  informa- 
tion requested  by  the  DCI  shall  be  provided,  and  the 
DCI  shall  take  appropriate  steps  to  maintain  its 
confidentiality. 
Sec.  4.  Responsibilities  and  Duties  of  the  Intelligence 
Community.  Purpose.  The  rules  of  operation  prescribed 
by  th»s  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  provi- 
sions 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  Defease,  ERDA  and  the  FBI  shall  ensure 
that,  in  discharging  the  duties  and  responsibilities  enu- 
merated for  their  organizations  which  relate  to  foreign  in- 
telligence, they  are  responsive  to  the  needs  of  the  Presi- 
dent, the  National  Security  Council  and  other  elements 
Oi  the  Government  In  carrying  out  their  duties  and  re- 
sponsibilities, senior  officials  shall  ensure  that  all  policies 
and  directives  relating  to  intelligence  activities  are  carried 
out  in  accordance  with  law  and  this  Order,  including  Sec- 
tion 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  na- 
tional intelligence  products  produced  under  auspices  of 
the  Director  of  Central  Intelligence. 
(3)  Establish  internal  policies  and  guidelines  govern- 
ing employee  conduct  and  ensuring  that  such  are  made 
known  to,  and  acknowledged  by,  each  employee. 
(4)  Provide  for  a  strong  and  independent  organiza- 
tion 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  vio- 
lations 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  Advisor/  Board,  and  the  Intelligence  Over- 
sight Board  all  of  the  information  required  for  the  per- 
formance of  their  respective  duties. 
(7)  Participate,  as  appropriate,  m  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. 
(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  ma- 
terial originating  within  his  organization  and  promptly 
Vofwme  15— NvmWr  t
ossifying  such   material-  consistent   with    Executive 
Offer  No.  i  1652,  as  amended. 
1 0 )    Provide  administrative  and  support  functions  re- 
^  by  his  department  or  agency. 
P2£5!DENT?Al  DOCUMENTS:  GE&ALD  Z.  FORD,   1976 
(j}^  The  Centred  Intelligence  Agency.  Ail  duties  and 
~T2*msibilities  of  the  Central  Intelligence  A^encv  shall 
z*z  rdated  to  the  foreign  intelligence  functions  outlined 
brio**'-  As  authorized  by  the  National  Security  Act  of 
1^7.  as  amended,  the  CIA  Act  cf  1949,  as  amended,  and 
enr  laws,  regulations,  and  directives,  the  Central  Intei- 
Jt  Agency  shall; 
Produce  and  disseminate  foreign  intelligence  re- 
to  the  national  security,  including  foreign  political, 
economic,  scientific,  technical,  military,  sociological,  and 
ge^sraphic  intelligence,  to  meet  the  needs  of  the  President, 
cber  .National  Security  Council,  and  other  elements  of  the 
Uramd  States  Government. 
'2 )  Develop  and  conduct  programs  to  collect  political, 
ecoraomic,  scientific,  technical,  military,  geographic,  and 
sociological  information,  not  otherwise  obtainable,  relat- 
ing to  foreign  intelligence,  in  accordance  with  directives 
of  tie  National  Security  Council. 
f  3 )  Collect  and  produce  intelligence  on  foreign  aspects 
of  scxernational  terrorist  activities  and  traffic  in  narcotics. 
'-0  Conduct  foreign  counterintelligence  activities  out- 
side 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 
Presdent  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. 
(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  ro  maintain  this  secu- 
rity, the  CIA  shall  conduct  such  investigations  of  appli- 
cants, employees,  and  other  persons  with  similar  associa- 
tions with  the  CIA  as  are  necessary. 
(9)  Conduct  administrative,  technical  and  support 
activities  in  the  United  States  or  abroad  as  may  be  neces- 
sary to  perform  the  functions  described  in  paragraphs  ( 1 ) 
through  (8)  above,  including  procurement,  maintenance 
and  transport;  communications  and  data  processing;  re* 
cruioment  and  training;  the  provision  of  personnel,  finan- 
cial 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  ex- 
pertise; and  entering  into  similar  arrangements  with  aca- 
demic 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-mili- 
tary, sociological,  economic,  scientific,  technical  and  asso* 
ciated  biographic  information. 
(2)  Produce  and  disseminate  foreign  intelligence  re- 
lating 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  dip- 
lomatic missions  abroad.  -  .  -  ;r 
-/-  (4)  Coordinate  with  the  Director  of  Central-  Intelli- 
gence 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  Intelli- 
gence Community  to  our  Chiefs  of  Missions  abroad  and 
provide  guidance  for  their  collection  effort. 
(6)  Contribute  to  the  Intelligence  Community  guid- 
ance 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  Secretary  of 
the  Treasury  shall:  ~*~ 
(1)  Collect,  overtly,  foreign  financial  and  monetary 
information.  .  .      •  r 
(2)  Participate  with  the-  Department  of  State  in  the 
overt  collection  of  general  foreign  economic  information- 
(3)  Produce  that  intelligence  required  for  the  execu- 
tion of  the  SccTetar/s  interdepartmental  responsibilitxef 
and  the  mission  of  the  Department  of  the  Treasurer   *  '■* 
(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, 
.id tiding  scientific,  technical,  political  and  economic  in- 
formation as  required  for  the  execution  of  his  responsi- 
bilities. 
(ii)  Produce  and  d/iseminate,  as  appropriate,  intelli- 
gence emphasizing  foreign  military  capabilities  and  in> 
Velum*  U^Kumbtr  8
PftESIDEKTIA'    DOCUMENTS:  GEtAlD  t.  FOM>,  1976 
239 
<-- 
•<--  —  *    - 
^-T;  Attentions  and  scientific,  technical  and  economic  devclop- 
ments  pertinent  to  his  responsibilities. 
.<-(ifi)  Conduct  such  programs  and  missions  necessary 
.    .     to  fulfill  national  intelligence  requirements  as  determined 
^^-b^theCFL 
*^St •■■  x  (iv)  Direct,  fund  and  operate  the  National  Security 
V*.-     Agency,  and  national,  defense  and  military  intelligence 
:<#        and  reconnaissance  entities  as  required. 
■~f*  .(v)  Conduct,  as  the  executive  agent  of  the  United 
•_.v    States  Government,  signals  intelligence  activities   and 
communications  security,  except  as  otherwise  approved 
bytheCFI. 
"-<   (vi)   Provide  for  the  timely  transmission  of  critical 
^^intelligence,  as  defined  fey  the  Director  of  Central  Intelli- 
'4§5£?"f: -gence^-within  the  United  States  Government. 
.*<-  (2)  In  carrying  out  these  assigned  responsibilities,  the 
Secretary  of  Defense  is  authorized  to  utilize  the  following : 
rr  (i)  The  Defense  Intelligence  Agency  (whose  func- 
tions, authorities  and  responsibilities  are  currently  pub- 
licly assigned  by  Department  of  Defense  Directive  No. 
A^\5105J21)to: 
.-■(A)  Produce  or  provide  military  intelligence  for  the 
Secretary  of  Defense,  the  Joint  Chiefs  of  Staff,  other  De- 
fense components,  and,  as  appropriate^  non-Defense 
agencies. 
(B)  Coordinate  all  Department  of  Defense  intelli- 
gence 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. 
(D)  Review  and  maintain  cognizance  over  all  plans, 
policies  and  procedures  for  noncryptologic  intelligence 
functions  of  the  Department  of  Defense. 
•4,   (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  ele- 
ments 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  author- 
ized elements  of  the  Government,  including  the  Armed 
Services,  a*  requested. 
•^•o. 
-  r*-V- 
«'  -   -■ 
-.-  / 
(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  sign  3  U  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  capa- 
bilities, for  the  research,  development,  procurement,  opnrr- 
ations  and  control  of  designated  means  of  collection. 
(iv)  Such  other  offices  within  the  Department  of  De- 
fense as  shall  be  deemed  appropriate  for  conduct  of  the 
intelligence  missions  and  responsibilities  assigned  to  the 
Secretary  of  Defense. 
(f)  Energy  Research  and  Development  Administra- 
tion, 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. 
(2)  Disseminate  such  intelligence  and  provide  tech- 
nical and  analytical  expertise  to  other  Intelligence  Com- 
munity 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  re- 
quirements where  its  special  technical  expertise  can  con- 
tribute 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,  subver- 
sion/and other  unlawful  activities  by  or  on  behalf  of  for- 
eign powers  through  such  lawful  counterintelligence 
operations  within  the  United  Stales,  including  elec- 
tronic surveillance,  as  are  necessary  or  useful  for  such 
purposes. 
(2)  Conduct  within  the  United  States  and  its  terri- 
tories, 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  At- 
torney 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 
Volume  15— Wumb«r  8
240 
PRfSIOENTUt  DOCUMENTS:  GE2AID  ft.  FOSD,   1976 
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  enforce- 
ment 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.  Informa- 
tion 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 
respectsrour  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  pro- 
visions of  this  section  apply  to  activities  both  inside  and 
outside  the  United  States.  References  to  law  arc  to  appli- 
cable 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  gath- 
ering, analysis,  dissemination  or  storage  of  non-publicly 
available  information  without  the  informed  express  con- 
sent of  the  subject  of  the  information. 
(2)  "Counterintelligence"  means  information  concern- 
ing 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  dectronic  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  intel- 
ligence agency. 
(5)  "Foreign  intelligence"  means  information  con- 
cerning the  capabilities,  intentions  and  activities  of  any 
foreign  power,  or  of  any  non-United  States  person, 
whether  within  or  outside  the  United  States,  or  concern- 
ing areas  outside  the  United  States. 
(6)  "Foreign  intelligence  agency"  means  the  Central 
Intelligence  Agency,  National  Security  Agency,  and  De- 
fense 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.  1 1 652,  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  cit- 
izens, aliens  admitted  to  the  United  States  for  permanent 
residence  and  corporations  or  other  organizations  incor- 
porated 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  approved  by  the  head  of  the  for- 
eign 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  intelli- 
gence or  counterintelligence  sources  or  methods  or  na- 
tional 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  penon  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  communi- 
cation 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. 
Velum*   12 — Numb#r  •
MUS1DENT1AL  DOCUMENTS:  GEKA1D  R.  FOKD,   1976 
241 
(4)  Opening  of  mail  or  examination  of  envelopes  of 
mail  in  United  States  postal  channels  except  in  accord- 
ance with  applicable  statutes  and  regulations. 
(5 )  Examination  of  Federal  tax  returns  or  tax  informa- 
tion except  in  accordance  with  applicable  statutes  and 
regulations. 
(6)  Infiltration  or  undisclosed  participation  within  the 
United  States  in  any  organization  for  the  purpose  of  re- 
porting on  or  influencing  its  activities  or  members;  ex- 
•cept  such  infiltration  or  participation  with  respect  to  an 
organization  composed  primarily  of  non-United  States 
.,_     persons  which  is  reasonably  believed  to  be  acting  on  bc- 
^  r  4haif  of  a  foreign  power. 
(7)  Collection  of  information,  however  acquired,  con- 
cerning the  domestic  activities  of  United  States  persons 
except: 
.-.  (i)  Information  concerning  corporations  or  other 
commercial  organizations  which  constitutes  foreign 
intelligence  or  counterintelligence. 
*  (ii)  Information  concerning  present  or  former  em- 
ployees, present  or  former  contractors  or  their  present 
or  former  employees,  or  applicants  for  any  such  employ- 
ment or  contracting,  necessary  to  protect  foreign 
intelligence  or  counterintelligence  sources  or  methods  or 
national  security  information  from  unauthorized  dis- 
closure; 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  countrrir.idligence 
inquiry. 
(iii)  Information  concerning  persons  who  are  reason- 
ably 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  gath- 
-  -cred  abroad  or  from  electronic  surveillance  conducted 
••  in  compliance  with  Section  5(b)  (2) ;  or  foreign  intelli- 
gence acquired  from  cooperating  sources  in  the  United 
States. 
•^    (v)  Information  about  a  United  States  person  who 
is  reasonably  believed  to  be  acting  on  behalf  of  a  foreign 
-  *v*  power  or  engaging  in  international  terrorist  or  narcotics 
activities. 
(vi)  Information  concerning  persons  or  activities  that 
pose  a  clear  threat  to  foreign  intelligence  agency 
facilities  or  personnel,  provided,  that  such  information 
is  retained  only  by  the  foreign  intelligence  agency 
threatened  and  that  proper  coordination  with  the  Federal 
Bureau  of  Investigation  is  accomplished. 
(c)  Dissemination  and  Storage.  Nothing  in  this  section 
of  this  Order  shall  prohibit: 
(1)  Lawful  dissemination  to  the  appropriate  law 
enforcement  agencies  of  incidentally  gathered  informa- 
tion 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  intelli- 
gence agencies  shall  not  engage  in  experimentation  with 
drugs  on  human  subjects,  except  with  the  informed  con- 
sent, in  writing  and  witnessed,  by  a  disinterested  third 
party,  of  each  such  human  subject  and  in  accordance  with 
the  guidelines  issued  hy  the  National  Commission  for  the 
Protection  of  Human  Subjects  for  Biomedical  and  Be- 
havioral Research. 
(e)  Assistance  to  Law  Enforcement  Authorities. 
(!)  No  foreign  intelligence  agency  shall,  except  as 
expressly  authorized  by  law  (i)  provide  services,  equip- 
ment, personnel  or  facilities  to  the  Law  Enforcement  As- 
sistance Administration  or  to  State  or  local  police  orga- 
nizations of  the  United  States  or  (ii )  participate  in  or  fund 
any  law  enforcement  activity  within  the  United  States. 
(2)  These  prohibitions  shall  not,  however,  preclude: 
(i)  cooperation  between  a  foreign  intelligence  agency  and 
appropriate  law  enforcement  agencies  for  the  purpose  of 
protecting  the  personnel  and  facilities  of  the  foreign  intelli- 
gence agency  or  preventing  espionage  or  other  criminal 
activity  related  tr  foreign  intelligence  or  counterintelli- 
gence or  (ii)  p.  Vision  of  specialized  equipment  or  tech- 
nical 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  par- 
ent agency. 
(g)  Prohibition  of  Assassination.  No  employee  of  the 
United  States  Government  shall  engage  in,  or  conspire  to 
engage  in,  political  assassination. 
(h)  Implementation. 
(1)  This  section  of  this  Order  shall  be  effective  on 
March  1,  1976.  Each  department  and  agency  affected  by 
this  section  of  this  Order  shall  promptly  issue  internal  di- 
rectives to  i;  nplement  this  section  with  respect  to  its  foreign 
intelligence  ai^r1  counterintelligence  operations. 
(2)  The  Attorney  General  shall,  within  ninety  days  of 
the  effective  date  of  this  section  of  this  Order,  issue  guide- 
lines relating  to  activities  of  the  Federal  Bureau  of  Investi- 
gation in  the  areas  of  foreign  intelligence  and 
counterintelligence. 
Sec.  6.  Oversight  of  Intelligence  Organizations. 
(a)   There  is  hereby  established  ;ui  Intelligence  Over- 
sight 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  lie  qualified  on  the 
basis  of  ability,  knowledge,  diversity  of  background  and 
Volume   12— Number  8
242 
PRESIDENTIAL  DOCUMENTS;  CEtALO  (L  FORD,  1976 
experience.  The  members  of  the  Oversight  Board  may 
also  serve  on  the  President's  Foreign  Intelligence  Advi- 
sory Board  ( Executive  Order  No.  1 1 460  of  March  20, 
1969).  No  member  of  the  Oversight  Board  shall  have 
any  personal  contractual  relationship  with  any  agency  or 
department  of  the  Intelligence  Community. 
( 2 )  One  member  of  the  Oversight  Board  shall  be  desig- 
nated by  the  President  as  its  Chairman. 
( 3 )  The  Oversight  Board  shall : 
(i)  Receive  and  consider  reports  by  Inspectors  Gen- 
eral 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. 
(Hi)  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  Over- 
sight Board  on  its  findings  concerning  questionable  activ- 
ities, if  any. 
(3)  Provide  to  the  Oversight  Board  all  information 
requested  about  activities  within  their  respective  depart- 
ments 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  che 
President  with  respect  to  activities  of  the  Intelligence 
Community,  if  any,  which  raise  questions  of  legality. 
(e)  The  Oversight  Board  shall  receive  staff  support. 
No  person  who  serves  on  the  staff  of  the  Oversight  Board 
shall  have  any  contractual  or  employment  relationship 
with  any  department  or  agency  in  the  Intelligence 
Community. 
(f)  The  President's  Foreign  Intelligence  Advisory 
Board  established  by  Executive  Order  No.  11460  of 
March  20,   1969,  remains  in  effect. 
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  author- 
ized 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  unauthor- 
ized disclosure  shall  be  forwarded  ( 1 )  to  the  head  of  ap- 
plicable departments  or  agencies  for  appropriate  disci- 
plinary action;  and  (2)  to  the  Attorney  General  for  ap- 
propriate legal  action. 
(c)  In  the  event  of  any  threatened  unauthorized  dis- 
closure 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  protec- 
tion for  other  significant  areas  of  intelligence,  the  Direc- 
tor 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  rela- 
tionship 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  di- 
rectives. 
(b)  All  existing  National  Security  Council  and  Di- 
rector of  Central  Intelligence  directives  shall  be  amended 
to  be  consistent  with  this  Order  within  ninety  days  of  its 
effective  date. 
(c)  This  Order  shall  supersede  the  Presidential  Mem- 
orandum of  November  5,  1971,  on  the  "Organization 
and  Management  of  the  U.S.  Foreign  Intelligence  Com- 
munity." 
Velum*   12— Wumiwr  8
MKSfDENTIAl  DOCUMENTS:  GEKAiD  IL  FO*D,   1976 
243 
(d)  Heads  of  departments  and  agencies  within  the  In* 
telligence  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  per- 
sonnel positions.  The  Director  of  the  Office  of  Manage- 
ment and  Budget  will  alv)  assist  in  the  allocation  of  ap- 
propriate facilities. 
Gerald  R.  Ford 
The  White  House, 
February  18,  1976. 
[Filed    with    the    Office    of    the    Federal    Register,    12:36   p.m., 
February  18,  1976] 
note:  For  the  President's  remarks  at  his  news  conference  of  Feb- 
ruary 17,  1976,  announcing  plans  for  a  reorganization  of  the  intel- 
ligence community,  see  page  227  of  this  issue. 
United  States  Foreign 
Intelligence  Activities 
The  President's  Message  to  the  Congress  Proposing 
Legislative  Reforms.     February  18, 1976 
To  the  Congress  of  the  United  States: 
By  virtue  of  the  authority  vested  in  me  by  Article  II, 
Sections  2  and  3  of  the  Constitution,  and  other  provisions 
of  law,  I  have  today  issued  an  Executive  Order  pertaining 
to  the  organization  and  control  of  the  United  States  for- 
eign intelligence  community.  This  order  establishes  clear 
lines  of  accountability  for  the  Nation's  foreign  intelligence 
agencies.  It  sets  forth  strict  guidelines  to  control  the  activi- 
ties of  these  agencies  and  specifies  as  well  those  activities 
in  which  they  shall  not  engage. 
In  carrying  out  my  Constitutional  responsibilities  to 
manage  and  conduct  foreign  policy  and  provide  for  the 
Nation's  defense,  I  believe  it  essential  to  have  the  best 
possible  intelligence  about  the  capabilities,  intentions  and 
activities  of  governments  and  other  entities  and  individ- 
uals abroad.  To  this  end,  the  foreign  intelligence  agencies 
of  the  United  States  play  a  vital  role  in  collecting  and 
analyzing  information  related  to  the  national  defense  and 
foreign  policy. 
It  is  equally  as  important  that  the  methods  these  agen- 
cies employ  to  collect  such  information  for  the  legitimate 
needs  of  the  government  conform  to  the  standards  set  out 
in  the  Constitution  to  preserve  and  respect  the  privacy  and 
civil  liberties  of  American  citizens. 
The  Executive  Order  I  have  issued  today  will  insure  a 
proper  balancing  of  these  interests.  It  establishes  govern- 
ment-wide direction  for  the  foreign  intelligence  agencies 
and  places  responsibility  and  accountability  on  individ- 
uals, not  institutions. 
I  believe  it  will  eliminate  abuses  and  questionable  ac- 
tivities on  the  part  of  the  foreign  intelligence  agencies 
while  at  the  same  time  permitting  them  to  get  on  with 
their  vital  work  of  gathering  and  assessing  information.  It 
is  also  my  hope  that  these  steps  will  help  to  restore  public 
confidence  in  these  agencies  and  encourage  our  citizens  to 
appreciate  the  valuable  contribution  they  make  to  our 
national  security. 
Beyond  the  steps  I  have  taken  in  the  Executive  Order, 
I  also  believe  there  is  a  clear  need  for  some  specific  legis- 
lative actions.  I  am  today  submitting  to  the  Congress  of 
the  United  States  proposals  which  will  go  far  toward 
enhancing  the  protection  of  true  intelligence  secrets  as 
well  as  regularizing  procedures  for  intelligence  collection 
in  the  United  States. 
My  first  proposal  deals  with  the  protection  of  intelli- 
gence sources  and  methods.  The  Director  of  Central  Intel- 
ligence is  charged,  under  the  National  Security  Act  of 
1947,  as  amended,  with  protecting  intelligence  sources 
and  methods.  The  Act,  however,  gives  the  Director  no 
authorities  commensurate  with  this  responsibility. 
Therefore,  I  am  proposing  legislation  to  impose  crim- 
inal and  civil  sanctions  on  those  who  are  authorized  access 
to  intelligence  secrets  and  who  willfully  and  wrongfully 
reveal  this  information.  This  legislation  is  not  an  "Official 
Secrets  Act",  since  it  would  affect  only  those  who  im- 
properly disclose  secrets,  not  those  to  whom  secrets  are 
disclosed.  Moreover,  this  legislation  could  not  be  used  to 
cover  up  abuses  and  improprieties.  It  would  in  no  way 
prevent  people  from  reporting  questionable  activities  to 
appropriate  authorities  in  the  Executive  and  Legislative 
Branches  of  the  government. 
It  is  essential,  however,  that  the  irresponsible  and  dan- 
gerous exposure  of  our  Nation's  intelligence  secrets  be 
stopped.  The  American  people  have  long  accepted,  the 
principles  of  confidentiality  and  secrecy  in  many  deal- 
ings— such  as  with  doctors,  lawyers  and  the  clergy.  It 
makes  absolutely  no  sense  to  deny  this  same  protection  to 
our  intelligence  secrets.  Openness  is  a  hallmark  of  our 
democratic  society,  but  the  American  people  have  never 
believed  that  it  was  necessary  to  reveal  the  secret  war 
plans  of  the  Department  of  Defense,  and  I  do  not  think 
they  wish  to  have  true  intelligence  secrets  revealed  either. 
I  urge  the  adoption  of  this  legislation  with  all  possible 
speed. 
Second,  I  support  proposals  that  would  clarify  and  set 
statutory  limits,  where  necessary,  on  the  activities  of  the 
foreign  intelligence  agencies.  In  particular,  I  will  support 
legislation  making  it  a  crime  to  assassinate  or  attempt  or 
conspire  to  assassinate  a  foreign  official  in  peacetime. 
Since  it  defines  a  crime,  legislation  is  necessary. 
Third,  I  will  meet  with  the  appropriate  leaders  of 
Congress  to  try  to  develop  sound  legislation  to  deal  with 
a  critical  problem  involving  personal  privacy — electronic 
Volume   12— Number  6