LETTER TO THE HONORABLE PHILLIP W. BUCHEN FROM W. E. COLBY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77-00512R000100030160-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 12, 2016
• Document Release Date: February 13, 2002
• Sequence Number: 160
• Publication Date: September 11, 1975
• Content Type: LETTER

1)D/A 75-4325
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CENTRAL INTELLIGENCE AGENCY
WASH I N GTON, D.G. 20505
11 SEP 1975
The Honorable Philip W. Buchen
Counsel 'to. the President
The. White: 'House
Washington, 'D. C. . 20500
Dear Phil:
When I received. on Monday, a copy of the draft Executive
Order, "Establishing Restrictions 'on Domestic Activities of
the Central Intelligence 'Agency", to. which we addressed our--
selves 'on Sunday, I. asked my senior officers to undertake a
quick '.review 'and present. me with 'their reactions.- They have
done so and.I am now submitting for your consideration a
slightly revised manuscript,: the 'revisions being based on my
acceptance of some 'of their points.--
The' language concerning the protection of sources and
methods which appears three times in the draft has been
slightly amended. to reflect:the appropriate wording of the
statute and, also, 'I have 'inserted the word "foreign" before
"intelligence sources and methods." In Section 13 we have
separated out the matter of collecting domestically foreign
intelligence from United States citizens 'as opposed to
collection of iziformation . from or about -a United States
citizen abroad.. The only other change'of note is found in
Section 15 which has been slightly amended to allow me to be
responsive to. the Congressional mandate about not destr.oying
records -during. the life of the Congressional investigating'
committees.
I have enclosed for the review of you and your colleagues
five copies 'of the revised draft. I 'stand ready for additional
consultation on this matter at your convenience.'
Sincerely,
/si4W
W. E. Colby
Director
Enclosure e,~o~,ur
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EXECUTIVE ORDER
ESTABLISHING RESTRICTIONS ON DOMESTIC ACTIVITIES
OF THE CENTRAL INTELLIGENCE AGENCY
By virtue of the authority vested in me as President of the
United States, it is hereby ordered as follows:
SECTION 1. The Central Intelligence Agency (CIA) shall not
engage in the collection of information about the activities
of United States citizens, nor retain, evaluate, correlate,
or disseminate such information, except as specified in this
order.
SECTION 2. The CIA shall not infiltrate any organizations of
United States citizens. As used herein, "infiltrate" means
secret participation for the purpose of reporting on such
group or organization.
SECTION 3. The CIA shall not engage in opening of mail, mail
covers, or other acts in violation of United States postal laws
or regulations.
SECTION 4. The CIA shall not for testing or any other purpose
intercept within the United States wire or oral communications
to which it is not a party in violation of law.
SECTION 5. The CIA shall not experiment with or test drugs
to influence human behavior without the informed consent of
each human subject thereof and in accordance with the guidelines
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established by the National Commission for the Protection of
Human Subjects for Biomedical and Behavioral Research.
SECTION 6. The CIA shall not provide any services, equipment,
personnel or facilities to the Law Enforcement Assistance
Administration (LEAH) or state or local police organizations
of the United States.
SECTION 7. The CIA shall adhere strictly to established
legal procedures governing access to Federal income tax
information.
SECTION 8. The CIA shall not conduct physical surveillance
of persons within the United States except to the extent
that such surveillance is not in violation of the law and
(a) Surveillance, in coordination with the Federal
Bureau of Investigation, of foreign nationals in the
United States in connection with foreign intelligence
or counterintelligence operations;
(b) Surveillance of a person involved with a foreign
national under subparagraph (a), but only to the extent
necessary to identify such person; or
(c) Surveillance, upon written approval by the Director
of Central Intelligence, of individuals currently or
formerly employed by CIA, its present or former contractors,
or such contractors' employees, for the purpose of
protecting foreign intelligence sources and methods
from unauthorized disclosure.
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SECTION 9. CIA support to any Federal agency, other than
providing foreign intelligence and foreign counterintelligence,
shall be limited as follows:
(a) The CIA activity shall be related to its
foreign intelligence or counterintelligence
responsibilities;
(b) The activity of the other agency shall be within
its lawful authority;
When applicable the assistance shall be provided
in conformity with the provisions of the Economy Act or
other specific acts;
(d) No CIA personnel shall be involved in any activity
inconsistent with the terms of this order.
SECTION 10. CIA personnel may be detailed elsewhere within
the Federal government as authorized by law. CIA employees
so detailed shall be responsible to the host agency and
shall not report to CIA on the affairs of the host agency
except as may be directed by that agency. The head of the
host agency and any subsequent successor shall be informed
of the detailee's association with CIA.
SECTION 11. In interagency discussions on domestic intelli-
gence, the role of CIA shall be restricted to the provision
or exchange of information related to foreign intelligence
or foreign counterintelligence activity.
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SECTION 12. CIA proprietary companies shall not operate on
a commercially competitive basis with United States businesses
except to the minimum extent necessary to establish commercial
credibility. No investments by a proprietary company shall
be made on the basis of any substantive intelligence obtained
from the CIA.
SECTION 13. The CIA may collect, retain, evaluate, correlate,
or disseminate:
(a) Information on its current or former employees
(including employees of other Federal departments or
agencies detailed for service with the CIA); applicants
for employment with the CIA; actual or imminent volun-
tary CIA sources or contacts; current and former
contractors with the CIA and current or former employees
or applicants for employment by such contractors; and
all persons not included above who must be given author
ized access to information which could disclose foreign
intelligence sources and methods; provided, however,
that the same is done only in accordance with law and
by authority from the Director of Central Intelligence
to determine the fitness of such persons to become or
remain associated with CIA or to have such access, or
in the case of a voluntary source or contact, to deter-
mine suitability or credibility, or otherwise to the
extent the Director of Central Intelligence determines
is necessary to protect foreign intelligence sources
and methods from unauthorized disclosure.
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(b) Information from or about a United States citizen
collected abroad or from foreign sources in the course
of an authorized foreign intelligence or counterintel
ligence activity.
(c) Foreign intelligence from United States citizens
provided on a witting and voluntary basis. The CIA
shall disclose its identity when seeking such foreign
intelligence within the United States from United
States citizens.
(d) Administrative information of the kind customarily
developed and utilized by departments and agencies of
the Federal government.
SECTION 14. If in the course of authorized foreign intelligence
or foreign counterintelligence activities, the CIA incidentally
acquires information about United States citizens which it is
not otherwise permitted to collect under this order, it shall
not retain or disseminate such information except that informa-
tion indicating a violation of United States criminal laws
shall be transmitted to an appropriate law enforcement
agency.
SECTION 15. Any information currently in the possession of
the CIA about United States citizens other than those under
Section 13(a) which could not have been collected or retained
under Section 13(b), (c) or (d) of this order shall be
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destroyed under procedures established by the Director of
Central Intelligence and in accordance with the provisions
of law, provided that the destruction shall be in conformance
with procedures established by the Attorney General to allow
the maintenance of records for possible judicial proceedings.
SECTION 16. This order does not set forth all restrictions
under which the CIA is obligated to operate, and it shall
not be construed to derogate from any other restrictions
imposed by law or by applicable administrative rules, regu-
lations, or directives or to limit the authority of the
National Security Council or the Director of Central Intel-
ligence to promulgate and enforce further restrictions.
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