Executive Order 12036
Encyclopedia
Executive Order 12036 is a United States Presidential Executive Order signed on January 24, 1978, by President Jimmy Carter
that imposed restrictions on and reformed the U.S. Intelligence Community
along with further banning indirect U.S. involvement in assassination
s. The EO was designed to strengthen and expand Executive Order 11905
, which was originally signed by Gerald R. Ford in 1976.
with input from Congress
immediately began to revise EO 11905 that was signed late in the previous year. Pressure and the need for reform of the U.S. Intelligence Community still existed from the Church
and Pike Committees. EO 12036 would be signed barely a year after Carter took office on January 24, 1978. The EO was hailed by Senator Walter D. Huddleston and Jimmy Carter
as having the most input from the President and Congress amongst EOs up until that day. Carter also intended the EO to be temporary until new intelligence reform legislation could be put into law. EO 12036 would be superseded by new legislation in the future.
cabinet
-level committees that had been previously created by Carter in 1977. The Policy Review Committee was given the responsibility of defining priorities for intelligence collection and analysis. The Policy Review committee which was chaired by the Director of Central Intelligence
(DCI) and also included the Vice President, National Security Advisor, Secretary of State, Secretary of Defense and Chairman of the Joint Chiefs of Staff
would also prioritize intelligence community budget allocations.
The EO replaced Gerald Ford's (EO 11905) Operations Advisory Group and replaced it with the Special Coordination Committee which was much like the Policy Review Committee. The EO also imposed a lengthy list of restrictions on the U.S. Intelligence Community to ensure "full compliance with the laws of the United States." One of the main restrictions was that no intelligence operation would be undertaken against a U.S. citizen "unless the President has authorized the type of activity involved and the Attorney General has both approved the particular activity and determined that there is probable cause to believe that the United States person is an agent of a foreign power." This included banning any Central Intelligence Agency
electronic surveillance in the U.S. and leaving the Federal Bureau of Investigation
as the only intelligence community member allowed to conduct physical searches within the U.S.
The EO also created the National Foreign Intelligence Board (NFIB) in order to assist the DCI with "Production, review, and coordination of national foreign intelligence." The NFIB was chaired by the DCI and included representatives from every agency in the intelligence community. The DCI and agency heads were also expected to keep various congressional committees up to date with intelligence community activity.
The EO also expanded the U.S. ban on assassination by closing "loop-holes" and stating "No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination." This ban on assassination would be restated in Executive Order 12333
.
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
that imposed restrictions on and reformed the U.S. Intelligence Community
United States Intelligence Community
The United States Intelligence Community is a cooperative federation of 16 separate United States government agencies that work separately and together to conduct intelligence activities considered necessary for the conduct of foreign relations and the protection of the national security of the...
along with further banning indirect U.S. involvement in assassination
Assassination
To carry out an assassination is "to murder by a sudden and/or secret attack, often for political reasons." Alternatively, assassination may be defined as "the act of deliberately killing someone, especially a public figure, usually for hire or for political reasons."An assassination may be...
s. The EO was designed to strengthen and expand Executive Order 11905
Executive Order 11905
Executive Order 11905 is a United States Presidential Executive Order signed on February 18, 1976, by President Gerald R. Ford as an attempt to reform the United States Intelligence Community, improve oversight on foreign intelligence activities, and ban political assassination...
, which was originally signed by Gerald R. Ford in 1976.
Background & history
Upon taking office in 1977, President Jimmy Carter's administrationPresidency of Jimmy Carter
Jimmy Carter served as the thirty-ninth President of the United States from 1977 to 1981. His administration sought to make the government "competent and compassionate" but, in the midst of an economic crisis produced by rising energy prices and stagflation, met with difficulty in achieving its...
with input from Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
immediately began to revise EO 11905 that was signed late in the previous year. Pressure and the need for reform of the U.S. Intelligence Community still existed from the Church
Church Committee
The Church Committee is the common term referring to the United States Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, a U.S. Senate committee chaired by Senator Frank Church in 1975. A precursor to the U.S...
and Pike Committees. EO 12036 would be signed barely a year after Carter took office on January 24, 1978. The EO was hailed by Senator Walter D. Huddleston and Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
as having the most input from the President and Congress amongst EOs up until that day. Carter also intended the EO to be temporary until new intelligence reform legislation could be put into law. EO 12036 would be superseded by new legislation in the future.
Intelligence reform
Executive Order 12036 created new oversight committees and offered many new restrictions on the U.S. Intelligence Community. The EO set-up the duties and requirements of two National Security CouncilUnited States National Security Council
The White House National Security Council in the United States is the principal forum used by the President of the United States for considering national security and foreign policy matters with his senior national security advisors and Cabinet officials and is part of the Executive Office of the...
cabinet
United States Cabinet
The Cabinet of the United States is composed of the most senior appointed officers of the executive branch of the federal government of the United States, which are generally the heads of the federal executive departments...
-level committees that had been previously created by Carter in 1977. The Policy Review Committee was given the responsibility of defining priorities for intelligence collection and analysis. The Policy Review committee which was chaired by the Director of Central Intelligence
Director of Central Intelligence
The Office of United States Director of Central Intelligence was the head of the United States Central Intelligence Agency, the principal intelligence advisor to the President and the National Security Council, and the coordinator of intelligence activities among and between the various United...
(DCI) and also included the Vice President, National Security Advisor, Secretary of State, Secretary of Defense and Chairman of the Joint Chiefs of Staff
Chairman of the Joint Chiefs of Staff
The Chairman of the Joint Chiefs of Staff is by law the highest ranking military officer in the United States Armed Forces, and is the principal military adviser to the President of the United States, the National Security Council, the Homeland Security Council and the Secretary of Defense...
would also prioritize intelligence community budget allocations.
The EO replaced Gerald Ford's (EO 11905) Operations Advisory Group and replaced it with the Special Coordination Committee which was much like the Policy Review Committee. The EO also imposed a lengthy list of restrictions on the U.S. Intelligence Community to ensure "full compliance with the laws of the United States." One of the main restrictions was that no intelligence operation would be undertaken against a U.S. citizen "unless the President has authorized the type of activity involved and the Attorney General has both approved the particular activity and determined that there is probable cause to believe that the United States person is an agent of a foreign power." This included banning any Central Intelligence Agency
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
electronic surveillance in the U.S. and leaving the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
as the only intelligence community member allowed to conduct physical searches within the U.S.
The EO also created the National Foreign Intelligence Board (NFIB) in order to assist the DCI with "Production, review, and coordination of national foreign intelligence." The NFIB was chaired by the DCI and included representatives from every agency in the intelligence community. The DCI and agency heads were also expected to keep various congressional committees up to date with intelligence community activity.
The EO also expanded the U.S. ban on assassination by closing "loop-holes" and stating "No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination." This ban on assassination would be restated in Executive Order 12333
Executive Order 12333
On December 4, 1981 President Ronald Reagan signedExecutive Order 12333,an Executive Order intended toextend powers and responsibilities of US intelligence agencies and direct the leaders of U.S...
.