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Executive Order 11985 Constitutional Neutral (+0.02)

Executive Order 11985—United States Foreign Intelligence Activities

Jimmy Carter Jimmy Carter
•
Friday, May 13, 1977
•
3 min read (593 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Jimmy Carter on 1977-05-13, establishes federal administrative policy concerning "United States Foreign Intelligence Activities." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

▪ 11905 of February 18, 1976, is amended by deleting "Committee on Foreign Intelligence" and "Operations Advisory Group" and substituting therefor "NSC Policy Review Committee" and "NSC Special Coordination Committee" respectively.
▪ 11905 is amended by deleting "Committee on Foreign Intelligence" and substituting therefor "NSC Policy Review Committee".
▪ 11905 is amended by adding thereto the following new paragraph: "(4) The National Security Council Policy Review Committee and the National Security Council Special Coordination Committee assist the National Security Council in the performance of its functions.
▪ 11905 is amended as follows: (a) In the title, delete "Committee on Foreign Intelligence" and substitute therefor "NSC Policy Review Committee".

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Foreign Nations & International Entities
Total Words
593
3,859 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
14.6
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 11985, Jimmy Carter (May 13, 1977). Available at https://executiveordersarchive.org/orders/app-executive-order-11985-united-states-foreign-intelligence-activities.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including the National Security Act of 1947, as amended, and as President of the United States of America, in order to reflect certain organizational changes for the control and direction of intelligence activities, it is hereby ordered as follows: SECTION 1. The Table of Contents of Executive Order No. 11905 of February 18, 1976, is amended by deleting "Committee on Foreign Intelligence" and "Operations Advisory Group" and substituting therefor "NSC Policy Review Committee" and "NSC Special Coordination Committee" respectively. SEC. 2. Section 2(d) of Executive Order No. 11905 is amended by deleting "Committee on Foreign Intelligence" and substituting therefor "NSC Policy Review Committee". SEC. 3. Section 3(a) of Executive Order No. 11905 is amended by adding thereto the following new paragraph: "(4) The National Security Council Policy Review Committee and the National Security Council Special Coordination Committee assist the National Security Council in the performance of its functions. Membership on each committee includes, in addition to the National Security Council, such members as the President may direct. In addition to the performance of policy development and coordination responsibilities which may be assigned by the President, these committees are responsible for those duties specified by this Order.". SEC. 4. Section 3(b) of Executive Order No. 11905 is amended as follows: (a) In the title, delete "Committee on Foreign Intelligence" and substitute therefor "NSC Policy Review Committee". (b) Delete paragraph (1) and substitute the following new paragraph: "(1) Whenever the NSC Policy Review Committee, hereinafter referred to as the PRC, performs the functions assigned in this Order, the PRC shall be chaired by the Director of Central Intelligence, hereinafter referred to as the DCI, and include as members the Deputy Secretary of Defense, the Deputy Assistant to the President for National Security Affairs, and a senior representative of the Secretary of State.". (c) In paragraphs (2) through (5), delete "CFI" wherever it occurs and substitute therefor "PRC". (d) Insert in paragraph (3) immediately after the word "supported" the words "in its functions under this Order". (e) Insert in paragraph (4) immediately after the last word the words "under this Order". (f) Insert in paragraph (5) immediately before the word "may" the words "under this Order". SEC. 5. Section 3(c) of Executive Order No. 11905 is amended as follows: (a) In the title, delete "The Operations Advisory Group" and substitute therefor "NSC Special Coordination Committee". (b) Delete paragraph (1) and substitute therefor the following new paragraph: "(1) Whenever the NSC Special Coordination Committee, hereinafter referred to as the SCC, meets to perform the functions assigned in this Order, the SCC shall be chaired by the Assistant to the President for National Security Affairs and include the Secretary of State, Secretary of Defense, Director of Central Intelligence and Chairman of the Joint Chiefs of Staff, as members, and the Attorney General and Director of the Office of Management and Budget, as observers.". (c) In paragraphs (2) through (4), delete "Operations Group" wherever it occurs and substitute therefor "SCC". SEC. 6. Section 6 of Executive Order No. 11905 is amended as follows: (a) In paragraph (1) of subsection (a), delete "The members of the Oversight Board may also serve on the President's Foreign Intelligence Advisory Board (Executive Order No. 11460 of March 20, 1969).". (b) Delete subsection (f). SEC. 7. Section 8(a) of Executive Order No. 11905 is amended by deleting the words "Committee on Foreign Intelligence" and substituting therefor "PRC". JIMMY CARTER The White House, May 13, 1977.