REVISION OF ANNOTATIONS TO EXECUTIVE ORDER 11905I

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79M00467A001300190006-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 16, 2016
• Document Release Date: June 9, 2005
• Sequence Number: 6
• Publication Date: April 29, 1976
• Content Type: MF

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THE WHITE HOUSE
April 2 9,1976
MEMORANDUM FOR PHIL BUCHEN
GEORGE BUSJ
BOB ELLSWORTH
BILL HYLAND
BILL MORELL
DON OGILVIE
JIM POOR
HAL SAUNDERS
NINO SCALIA
FROM: MIKE DUVAL
SUBJECT: Revision of Annotations to Executive Order 11905
Attached are several revised pages of annotations to the Executive
Order on foreign intelligence activities. These contain minor
changes prompted by comments on the original version. The other
pages of annotations have not been changed.
There is one provision on which we are not prepared to issue a
final annotation. Section 4(a)(5) requires senior officials of the
intelligence community to report to the Attorney General information
relating to violations of law. The current annotation interprets
this as requiring reporting of violations of only federal law. Several
questions have arisen about this section. One is whether this
provision should be read as requiring reporting to the Attorney General
on possible violations of federal law as to which an agency other
than the Justice Department has primary investigatory jurisdiction.
For example, the Secret Service has primary investigatory
jurisdiction over certain crimes related to currency. We are at
present seeking an informal opinion from the Justice Department
on the interpretation of this provision and will advise you on
the resolution of this issue.
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(a)(6) For the purposes of this order, the CIA, 1\SA, and DIA are
considered "foreign intelligence agencies" (and therefore subject
to these restrictions) with respect to all of their activities. Other
agencies (not including the FBI) are deemed "foreign intelligence
agencies" whenever they are engaged in activities related to foreign
intelligence or counterintelligence.
(a)(8) The definition of physical surveillance refers primarily to
systematic observation of an individual designed to determine all
of his regular daily activities. It also refers to the acquisition of
an oral communication by a person not otherwise a party thereto
or visibly present thereat through any means which does not
involve electronic surveillance. This second half of the definition
refers primarily to a situation where a person hides in a room to
overhear what persons in the room are saying.
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Annotations (p. 28) Continued
(b)(7)(ii) The word "employees" in the second line of Section
5(b)(7)(ii) should be read to include an employee of a non-intelligence
element of a department or agency in a case where information
on him is collected for counterintelligence purposes by another
element of the department or agency responsible for counter-
intelligence throughout the department or agency.
(b)(7)(iii) Each intelligence agency will on occasion consider contacting
a U. S. person because he may be a potential source or contact who will
aid the agency. Before making such contacts, however, the agency
will want to be assured' that the person would be suitable for such
assistance. This exception therefore allows collection of information
on such persons, but only for the purpose of determining their
suitability or credibility. Furthermore, such a person must reasonably
be considered to be a potential source or contact.
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