NEW DRAFT OF THE RESTRICTIONS ORDER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79M00467A001300170014-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 21, 2016
• Document Release Date: August 2, 2006
• Sequence Number: 14
• Publication Date: February 6, 1976
• Content Type: MF

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THE WHITE HOUSE
February 6, 1976
MEMORANDUM FOR: PHIL BUCHEN
BILL HYLAND
DON OGILVIE
NINO SCALIA
TOM LATIMER
MITCH ROGOVIN
HAL SAUNDERS
SUBJECT: New Draft of the Restrictions Order
Attached is the draft of the Restrictions Executive Order that was
agreed to at the drafting session following yesterday's ICG meeting.
In a few areas, total agreement was not reached, and I have
attempted to solve the problems addressed. In addition, Phil
Buchen has suggested addition of sections on missionaries and
on torture.
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ICG DRAFT - 2/6/76
EXECUTIVE ORDER
Information about the capabilities, intentions and activities of other
governments is essential to informed decision-making in the field of
national defense and foreign affairs. 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. The rules of operation prescribed by this Order are
not intended to derogate from any other laws, regulations or directives
further restricting the activities of our foreign intelligence agencies.
The provisions of this Order apply to activities both inside and outside
the United States.
By virtue of the authority vested in me as President pursuant to
my powers under Article II, Sections 2 and 3 of the Constitution, and
statute::-: ` the United States, including the National Security Act of 1947,
and fir-ding such actions necessary in the national interest, it is hereby
ordered as follows:
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0
As used in this Order, the following terms shall have the meanings
ascribed to them below:'
(a) "Collection" means any one or more of the gathering, analysis,
dissemination or storage of non-publicly available information without
the informed express consent of the subject of the information.
(b) "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 anon-electronic communication,
visibly present at, the communication.
(c-) "Employee" means a person employed by, assigned or detailed
to, or acting for a United States foreign intelligence agency.
(d) "Foreign intelligence" means information concerning the
capabilities, intentions and activities of any foreign power, or of any
non-United States person, whether within or outside the United States,
or concerning areas outside the United States.
(e) "Foreign counterintelligence" means information concerning
the protection from detection or disclosure of foreign intelligence or of
national security information and its collection.
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(f) "Foreign intelligence agency" means the Central Intelligence
Agency, National Security Agency, Defense Intelligence Agency,. and
any other department or agency of the United States Government, or
component thereof, while it is engaged in the collection of foreign
intelligence or foreign counterintelligence, but shall not include any
department, agency or component thereof to the extent that it is
engaged in its authorized law enforcement functions, nor shall it
include in any case the Federal Bureau of Investigation..
(g) "National security information" has the meaning ascribed to. it in
E. 0. 11652.
(h) "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.
(i) "United States persons" means United States citizens, aliens
admitted to the United States for permanent residence and corporations
or other organizations incorporated or organized in the United States.
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SECTION II. Restrictions on Collection..
Foreign intelligence agencies shall not engage in any of the
following activities:
(a) Physical surveillance directed against a United, States person,
except to the extent that such surveillance is. pursuant to procedures
approved by the head of the foreign intelligence agency, and is directed
against either:
(1) 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 intelligence
sources or methods or national security information from
unauthorized disclosure; or
(2) 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 foreign counterintelligence inquiry, but only
to the extent necessary to identify such United States person; or
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(3) a United States person outside the United States who is
reasonably believed to be acting on behalf of a foreign power
or who is reasonably suspected of engaging in international
terrorist or narcotics activities or activities threatening the
national security.
(b) Electronic surveillance involving a communication 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 in
accordance with law and under procedures approved by the Attorney
General; provided that the Central Intelligence Agency shall not perform
electronic surveillance within the United States;
(c) Unconsented physical searches within the United States; or
unconsented physical searches directed against United States persons
abroad, except under procedures approved by the Attorney General;
(d) Opening of mail or examination of envelopes of mail in the
U. S. Postal channels except in accordance with the provisions of
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(e) Examination of Federal tax returns or tax information except
in accordance with United States law.
(f) Infiltration of or undisclosed participation in any organization
composed primarily of United States persons for the purpose of
reporting on or influencing its activities or members;
(g) Collection of information concerning the domestic activities
of United States persons except:
(1) Information concerning corporations or other commercial
organizations controlled by foreign powers.
(2) Information concerning present or former employees,
present or former contractors or their present or former
.
employees or applicants for such employment or contracting,
necessary to protect foreign intelligence sources or methods
or national security information from unauthorized disclosure;
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 foreign counterintelligence inquiry.
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(3) Information concerning persons who are reasonably
believed to be potential sources or contacts, but only for the
purpose of determining the suitability or credibility of such
in activities in violation of United States law.
(7) Storage of information required by law to be retained.
persons.
(4) Foreign intelligence information gathered abroad, or
from cooperating sources in the United States.
(5) Information about a United States citizen who is
reasonably believed to be involved in international terrorist
or narcotics activities or working in collaboration with a
foreign nation or organization.
(6) Lawful diss -:m::ination to the appropriate law enforcement
agencies of inforrr.rtion incidentally gathered indicating involvement
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SECTION III. Restrictiogs on Experimentation.
Foreign intelligence agencies shall not engage in experimentation
with drugs on human subjects, except with the informed consent, in
writing and witnessed by a disinterested third party, of each such
human subject and in accordance with the guidelines issued by the
National Commission for tlae Protection of Human Subjects for Biomedical
and Behavioral Research.
SECTION IV. Assistance to Law Enforcement Authorities.
No foreign intelligence agency shall, except as expressly authorized
by law:
(a) Provide services, equipment, personnel or facilities to the
Law Enforcement Assistance Administration or to State or local police
organizations of the United States.
(b) Participate in or fund any law enforcement activity within the
United States.
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
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the foreign intelligence agency or' preventing espionage or other
criminal activity related to foreign intelligence, or (ii) provision of
specialized equipment or technical knowledge for use by any other
Federal department or. agency.
SECTION V. Assignment of Personnel.
Employees of foreign intelligence agencies detailed elsewhere within
the Federal Government shall be responsible to the host agency and shall
not report to their 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 parent agency.
SECTION VI. Law Enforcement Responsibilities.
Nothing in this Order shall limit the law enforcement. functions,` civil
or criminal, of any department, agency, or component thereof, having
such responsibilities.
SECTION VII. Implementation.
Each foreign intelligence agency shall, within 90 days, issue internal
directives to implement this Order with respect to its foreign intelligence
operations.
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TRANSMITTAL SLIP
Morning Meeting Participants
ROOM NO. BUILDING
Although we have not
yet been asked,.I assume
that comments will be sought
..at the earliest practical
date.
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REPLA IFO FR 55-24 1 WHI HCMAYOBE USE USED.