234 States support for and encouragement of the important evolution which has begun in Spain and to which the Spanish Government renewed its commitment 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 evclution should include, as major objectives, the integration of Spain into the institutions of Europe and the North Atlantic defense system and shonid include a broadly based cooperative relationship with the United States in all areas of mutual interest. The Treaty should contribute positively to the achievement of these goals. In the area of 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 aew development of the United States- Spanish defense relationshij), 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 contibution 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 does 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. . Geratp R. Forp The White Hause, February 18, 1976. 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. February 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 Matters, sioned at Bern on PRESIOENTIAL DOCUMENTS: GERALD & FORD, 1976 May 25, 1973, six exchanges of interpretative letters of the same date, and an exchange of interpretative letters dated December 23, 1975. 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 invesugations 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: « ta needed information from Swiss banks because of banking: : “=: le 5 secrecy laws. at. 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--cement 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. “eS Geratp R. Forp The White House, February 18, 1976. 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—Number 8 40 yd: ‘.
PRESIDENTIAL DOCUMENTS: GERALD R. FORD, 1976 235 TasL_r or Contents [WCPD Page Section Deseription Number}? 1. Purpose --- [235] 2. Dermtrions —— ----_- _a [235] 3. Corrro, anp Dmection or INTeLiicence O2cant- ZATIONS {235] (a) National Security Council (235] (b) Committee on Foreign Intelligence-_._-_. [235] (c) Operations Advisory Group__-____--._____._ [236] : (d) Director of Central Intelligence_.____. {236} 4. Responsmuinities AND Duties or THE INTELLIGENCE ComusunIry ~--~---~--- = [237] (2) Senior Official of Each Organization of the Intelligence Community... [2371 (b) Central Intelligence Agency-______--______. [23] (c) Department of State-_--_--_-_ (238) (d) Department of the Treasury._.-_-______ [238} (e) Department of Defense______ {238} (£) Energy Research and Development ‘Adminis- tration —___ (23 9] (g) Federal Bureau of Investigation... [239} 5. Resraictions on InTeLucence Activirms—_— {240} 6. Oversicut or INTELLIGENCE ORGANIZATIONS — (241) 7. Secrecy Prorecrion——_________ —~-— [242] 8. Enasuino Data__-—__--____ [242] Section I. 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; * Eprror’s Not: The page numbers of the above table of con- tents reflect page citations in the Weekly Compilation of Presidential Documents. The page numbers which they replace were references to pages in the original document. (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 func- tions, designed to further official United States programs and policies abroad which are planned and executed se 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 specia] offices within the Department of Defense for the collection of specialized intelligence through reconnais- sance 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 integration of domestic, foreign, and military policies relating to the national security. Statu- tery 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- velopment and formulation of national intelligence activities. (3) The National Security Council shall conduct a semi-annual review of intelligence policies 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 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 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 Security Council. Volume 12——Number 8
736 PRESIDENTIAL DOCUMENTS: GERALD RB. FORD, 1976 (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 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. (iit) 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 DCT 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 CFT 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 CFT. (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 speciai ac- vity in support of national foreign policy objectives. (ti) Conduct periodic reviews of programs previously considered by the Operations Group. (iii) Give approval for specific sensitive intelligence collection operations as designated by the Operaiions Group. (iv) Conduct periodic reviews of ongoing sensitive in- telligerice collection operations. (3) The Operations Group shall discharge the respen- 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. {43 The staff of the National Security Council shall provide support to the Operations Group. (d) Director of Central Intelligence. (1) The Director of Central Tatelligence, pursuant to the National Security Act of 1947, shall be responsible directly to the National Security Council and the Presi- dent. He shail: (i) Chair the CFI. (ii) Act as executive head of the CLA 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 fordign 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 Volume 12——Number &
PRESIDENTIAL DOCUMENTS: GERALDO & FORD, 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 services 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 oi 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 shal) be provided, and the DCI shall take appropriate steps to maintain its confidentiality. Sec. 4. Responsibilities and Duties of the Intelligence Community. Purpose. The rules of operation prescribed by this section of the Order relate to the activities of our foreign intelligence agencies. In some instances, detailed implementation of this Executive order will be contained in classified documents because of the sensitivity of the information and its relation 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 cf the CIA, Departments of State, Treasury and Defense, 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- det, ‘the National Security Council and other elements o: the Government. In carrying out their duties and re- sponsibilities, senior officials shal] 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 organize- tion for identi‘cation and inspection of, and reporting on, unauthorized activity. (5) Report to the Attorney Generai 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 intelfigence 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 Volume 12-—-Number 8
PRESIDENTIAL DOCUMENTS: GERALD 2. FORD, 1976 “de desing aeccmssifying Such material: consistent with Executive Order No. 11652, as amended. 2D} Provide administrative and support functions re- sacred by his department or agency. (p\ The Centred Intelligence Agency. All duties and sacemsibilities of the Central Intelligence Agency shall] ze velated to the foreign intelligence functions outlined aia As authorized by the National Security Act of me su. as amended, the CIA Act cf 1949. as amended, and L laws, regulations, and directives, the Central [ntei- Eeeeace Agency shall: 3° Produce and disseminate foreign intelligence re- tecrme to the national security, including foreign political, exxmomic, scientific, technical, military, sociological, and gecszraphic intelligence, to meet the needs of the President, the National Security Council, and other elements of the Urmned States Government. 2} Develop and conduct programs to collect political, ecomsomic, scientific, technical, military, geographic, and secsological information, not otherwise obtainable, relat- mz %o foreign intelligence, in accordance with directives of tae National Security Council. °3) Collect and produce intelligence on foreign aspects of Exxernational terrorist activities and traffic in narcotics. *£\ Conduct foreign counterintelligence activities out- sid the United States and when in the United States in ecordiation 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 witki 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 to 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- cruitment 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 instinitions, provided CIA sponsorship is known to the appropriate senior officials of the academic institutions and to senior project officials. han. The Department of State. The Secretary of Seate mb Collect, overtiy, foreign political, political-mili- tary, sociological, economic, scientific, technical and asso- ciated biographic information. (2) Produce and disserninate 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. ap lomatic missions abroad. «. (4) Coordinate with the Director of Central: Intelti-- ; 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 euid- 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. . tone (2) Participate with the Department of State: i m the - overt collection of general foreign economic information. _ (3) Preduce that intelligence required for the execu- tion of the Secretary’s interdepartmental responsibilities and the mission of the Department of the Treasury-: (4) Contribute intelligence and guidance: required for o a the develooment of national intelligence. - : rs (5) Disseminate within the United States Government, as appropriate, foreign intelligence information acquired. (¢) Department of Defense. (1) The Secretary of Defense shall : (i) Collect foreign military intelligence information as well as military-related foreign intelligence information, acluding scientific, technical, political and economic in- formation as required for the execution of his responsi- bilities. (ii) Produce and <issseminate, as appropriate, intelli- gence emphasizing foreign military capabilities and in- Volume 12-—-Number 8
: oo - : spentions and scientific, technical and economic develop- ~ ments 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 om bythe CEI. j.° -:z. (vi) Provide for the timely transmission of critical Be rintegence, as defined by the Director of Central Intelli- -gence;-within the United States Government. z.{2) In carrying out these assigned responsibilities, the Secretary of Defense is authorized to utilize the following: .- + (i) The Defense Intelligence Agency (whose func- tions, authorities and responsibilities are currently pub- licly' 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 De- fense components, and, as appropriate, non-Defense agencies. (B) Coordinate all Department of Defense intelli- gence collection requirements and manage the Defense (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. i. (E) Provide intelligence staff support as directed by oe ss 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 contro] over signals intelligence collection and processing activities of the Government, delegating to an appropriate agent specified resources for such periocs 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 signa!s intelligence to all author- ized elements of the Government, including the Armed Services, as requested. 4 PRESIDENTIA? DOCUMENTS: GERALD &. FORD, 1975 _ 239 (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. (iit) Special offices for the collection of specialized intelligence through reconnaissance programs, whose functions, authorities, and responsibilities shall include: (A) Carrymg out consolidated programs for reconnaissance. ; (B) Assigning responsibility to the various departments and agencies of the Government, according to their capa- bilities, for une research, development, procurement, oper- 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 ana!ytcal 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 States, including elec- tronic surveillance, as are necessary or useful for such purposes. : (2) Conduct within the United States and its tern- tories, when requested by officials of the Intelligence Community designated by the President, those lawful activities, including electronic serveillance, 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 12<-Number 8
¢ 240 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 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 pro- visions of this section apply to activities both inside and outside the United States. References to law are 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 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. (+) “Employee” meansa person employed by, assigned er detailed to, or acting for a United States foreign intel- ligence agency. (5) “Foreign intelligence” means information con- ceming 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 PRESIDENTIAL DOCUMENTS: GERALD &. FORD, 1976 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 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 inteiligence 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 communi- cation which is made from, on 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 Attomey General. Volume 12-—Number 8
PRESIDENTIAL DOCUMENTS: GERALD R. FORD, 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 partidpation 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 be- “> half of a foreign power. (7) Collection of information, however acquired, con- cerning the domestic activities of United States persons :. (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 counierintelligence sources or methods or national security information from unauthorized dis- closure; and the identity of persons in contact with the roregoing or with a non-United States person who is the subject of a foreign intelligence or counterir:clligence 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- “12 “ered abroad or from electronic surveillance conducted ‘“.- im 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 behaif of a foreign “" power -or engaging in international terrorist or narcotics activities. -(vi) Information concerning persons or activities that pose a clear threat to foreign intelligence agency facilities or personnel, provided, that such information is retained only by the foreign intelligence agency threatened and that proper coordination with the Federal Bureau of Investigation is accomplished. (c) Dissemination and Storage. Nothing in this section of this Order shall prohibit: (1) Lawful dissemination to the appropriate law enforcement agencies of incidentally gathered 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 imtelligence agencies of information of the subject matter types listed in Section 3(b) (7). (d) Restrictions on Experimentation. Foreign intelli- gence agencies shal] not engage in experimentation with drugs on hurnan subjects, except with the informed con- sent, in writing and witnessed, by a disinterested third party, of each such hinnan subject and in accordance with the guidelines issued by the National Commission for the Protection of Human Subjects for Biomedical and Be- havioral Research. (e) Asststance to Law Enforcement Authorities. (1) No foreign intelligence agency shall, except as expressly authorized by law (i) provide services, equip- ment, personne] 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 preveating espionage or other criminal activity related tc ‘ureign intelligence or counterintelli- gence or (ii) p.- vision of specialized equipment or tech- nical know!ledg< 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 shal] 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 }:nplement this section with respect to its foreign — intelligence aid 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 inrelligence and counterintelligence. Sec. 6. Oversigh! of Intelligence Organizations. (a) There is hereby established :n Intelligence Over- sight Board, hereinafter referred to as the Oversight Board. ~ (1) The Oversight Board shall bave 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 Velume 12—Number 8
* 242 PRESIDENTIAL DOCUMENTS: experience. The members of the Oversight Board may also serve on the President’s Foreign Intelligence Advi- sory Board (Executive Order No. 11460 of March 20, 1969\. No member of the Oversight Board shall have any personal contractual relationship with any agency or department of the Intelligence Community. (2) One member of the Oversight Board shall be 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. (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 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 denartments 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. GERALD R. FORD, 1976 (d) The Attomey 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. (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 disclase 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 Generai 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 promuigate 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 Centrai Intelligence shail 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 Mern- orandum of November 5, 1971, on the “Organization and Management of the U.S. Foreign Intelligence Com- munity.” Volume 12-——Wumber &
PRESIDENTIAL DOCUMENTS: GERALD R. FORD, 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 also assist in the allocation of ap- propriate facilities. Geratp R. Forp The White House, February 18, 1976. [Filed with the Office of the Federal Register, 12:36 pm., February 18, 1976] Nore: 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 forcign 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 J do not think they wish to have true intelligence secrets revealed ¢ither. I urge the adoption of this legislation with all possible speed. Second, I support proposals that wouid 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 8