EXECUTIVE ORDER ESTABLISHING RESTRICTIONS ON FOREIGN INTELLIGENCE ACTIVITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M01066A000800260009-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 16, 2016
• Document Release Date: October 9, 2004
• Sequence Number: 9
• Publication Date: October 8, 1975
• Content Type: MF

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CENTR~-L INTELLIGENCE AGENCY
WAaH I NGTON, D.l:. 20505
8 October 1975
i~}Eb10R4NDUM FOR: Honorable John 0. Marsh, Jr .
Counsellor to the President
ug Registry
SUBJECT: Executive Order Establishing Restrictions
`~ on Foreign Intelligence Activities
I am forwarding for your consideration a slightly
revised draft of the Executive Order which you forwarded
on October 2, 1975, establishing restrictions on foreign
intelligence activities. The revisions, and. the reasons
for each revision, are:
Section I, Subparagraph (a)
The word "dissemination" has a meaning in the
intelligence community which is so dissimilar
from "collection" that it has been deleted and
we have added "processing" and "forwarding."
Subparagraph (b)
Delete reference to the Commonwealth of Puerto R~_co
since this raises a question regarding the inclusion
of the District of Columbia and the Canal Zone. I
believe that the usual interpretation associated
with territories and possessions would suffice fear
this purpose.
Subparagraph (d)
Substitute the phrase "nations, organizations or
persons" as being more specific than "foreign po~.aer.s
or their agents."
Subparagraph (e)
In addition to substituting the phrase "nations,
organizations or persons" for "powers," refine
the definition of "foreign counterintelligence"
with the more specific phrase "conduct of
espionage, subversion or sabotage; and the
countering abroad of such activity when. inimical.
to United States interests."
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Section II, Subparagraph (a)(2)(i)
Substitute the concept. of persons who "require"
access to information for persons who "must be
given authorized access."
Subparagraph (c)
Substitute the affirmative "except in accordance
~ti~ith latir" for the negative "in violation of law."
Subparagraph (c)(2)
Add the word "program" to the end of the sentence
to clarify the meaning of the phrase "destroyed
immediately."
Subparagraphs (d) , (i) and (j)
In each paragraph substitute the affirmative "except
in accordance with law" for the negative.
Sub aaragraph ( j )
Reverse the order of subparagraphs (ii) and (iii),
so t~Z.at former subparagraph (ii), being last, will
apply to the first two subparagraphs. (Renumber
these paragraphs (1), (2) and (3) for internal
consistency of the draft order.)
Section III
Delete the word "explicitly" in the first paragraph
as unnecessary.
I have enclosed for review of you and your colleagues
five copies of a revised draft incorporating the above
changes, and will be pleased to consult further on this
draft order at your convenience.
(IN`s, Colby
-Y~~irector
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Executive Order
~y virtue of the aut}iority vested in me as President
of the United States, it is hereby ordered as follows:
SECTION .C. Definitions. As used in this Order the
folloiaing terms shall have the meanings ascribed to them
below:
(a) "Collection" means the gathering,
processing, storage and foxwarding of information.
(b) "United States".includes the United
States, its territories, and possessions.
(c) "Domestic activities" means activities
within the United States.
(d) "Foreign intelligence" means information,
other than foreign counterintelligence, on the capabilities,
intentions, and activities of foreign nations, organizations
or persons.
(e) "Foreign counterintelligence" means
information an the capabilities, intentions and activities
of foreign nations, organizations, persons or their agents
with respect to their .conduct of espionage, subversion or
sabotage; and the countering abroad of such activity when
inimical. to United States interests.
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(f) "Infiltration" means secret participation
in an organization for the purpose of reporting on. it.
(g) "Incidental reception" means the receipt
of information, whose collection by an agency is otherwise
prohibited by this order, during the course of such agency's
authorized foreign intelligence or foreign counterintelligence
activities, without specific intent to secure such informa-
tion from a United States citizen and without direction or
rec{uest from any other agency of the United States Government.
(h) "Foreign intelligence agency" means any
department or agency, or division thereof, which is primarily
engaged in foreign intelligence or foreign counterintelligence.
SECTION II. The following activities .shall not be conducted.
either by any foreign intelligence agency or by any other
department or agency in pursuit of fo~~eign intellige~ZCe or
foreign counterintelligence:
(a) Collection, evaluation, correlation or
analysis, of information concerning the domestic activities
of United States citizens; provided, however, that nothing
herein shall preclude:
(1) the collection, evaluation, cor-
relation and analysis of information of foreign intelligence
or foreign counterintelligence interest derived from public
sources; or
(2) the collection, evaluation, correla-
tion and analysis of:
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(i) Information on current or former
employees. (including employees of
other Federal departments or agencies
detailed for service with the foreign
intelligence agency); applicants for
employment. with such agency; actual
or imminent voluntary sources or
contacts; current and former con-
tractors and current or former em-
ployees or applicants for employment
by such contractors; and all persons
not included above who require 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
head of such agency to determine
the fitness of such persons to
become or remain associated with
such agency or to have such access,
or in the case of a voluntary
source or contact, to determine
suitability or credibility, or
otherwise to the extent the head of
such agency determines is necessary
to protect foreign intelligence
sources and methods from unauthorized
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disclosure.
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(ii) Information fram or about a
United States citizen collected abroad
or fram foreign sources in the course
of an authorized foreign intelligence
or foreign counterintelligence activity.
(iii) Foreign intelligence from United
States citizens provided on a witting
and voluntary basis. The foreign in-
telligence agency shall disclose its
identity when seeking such foreign
intelligence within the United States
from United. States citizens. When
collection of foreign intelligence
within the United States from persons
who are not United States citizens
results in the incidental reception
of information from unknowing citizens,
however, the receiving agency shall be
permitted to make appropriate use of
such information as permitted under
this Order.
(iv) Administrative information of the
kind customarily developed and utilized.
by departments and agencies of the
Pederal government.
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(3) the transmission of any inforrrEatiorr con-
cerning criminal activities that is received through incidental.
reception to any lati,r enforcement agency with appropriate
jurisdiction.
(4) the retention of information collected.
in violation of this Order to maintain a record for passible
COUrt act.lon .
(b) Electronic interception of wire or oral
communication the specific purpose of which is to obtain the
communications of United States citizens within the United
States without the consent of the subject or one of the parties
thereof or without prior written authorization of the Attorney
General.
(c) Testing of electronic surveillance and
monitoring ec{uipment within the United States except in ac-
cordance with law. All such tests shall. be with the consent
of the persons monitored unless:
(1) it is technically impractical to test.
such surveillance and monitoring ec{uipment in a manner that
would include consent; and
(2) any communication intercepted is dis-
closed only to test engineers and is destroyed immediately upon
termination of the test program.
(d) Any opening of mail or examination of en-
velopes except in accordance with provisions of United States
postal Laws and regulations.
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(e) Overseas activities ether than those intended
solely for obtaining necessary foreign intelligence and foreign
counterintelligence or directly supporting such. intelligence
gathering activities, unless such activities shall have been
determined by the President to be important to the national
security of the United States.
(f) Infiltration in the United States of any
organizations of United States citizens.
(g) Experimentation with drugs on '.zuman subjects,
except with the informed consent of each such human subject anal
in accordance with the guidelines of the National Commission
for the Protection of Human Subjects far Biomedical and P~e-
havioral Research.
(h) Provision of services, ec{uipment, personnel.
or facilities to the Law Enforcement Assistance Administration
or state or local police organizations of the united States
except as expressly authorized by law.
(i) Access to Federal income tax xeturns or
tax information except in accordance. with law and regulations.
(j) Physical surveillance of persons within the
United States except to the extent that such surveillance is
in accordance with law and is:
(1) Surveillance, in coordination with the
Federal Bureau of Investigation, of foreign nationals in the
United States in connection with foreign intelligence or counter-
intelligence operations; '
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(Z) Surveillance, upon written approval by
the head of the foreign intelligence agency, of individuals
currently or formerly employed by that agency, its present or
former contractors, or such contractors' employees, for the
purpose of protecting foreign intelligence sources and mcth.ods
from unauthorized disclosure; or
(3) Surveillance of persons invalved with
the individuals identified in subparagraphs (1) and (Z) above,
but only to the extent necessary to identify such. person.
(k} Operation of a proprietary company ors a
commercially competitive basis with United States businesses
except to the minimum extent necessary to establish commercial
credibility. No investments by a proprietary company sha17.
be made on the basis of any substantive intelligence not
available to the public.
SECTION III. No foreign intelligence agency shall participate
in or fund any law enforcement activity within the United
States except as may be authorized by law. Provided, that
this prohibition shall not preclude:
(a) Cooperation between a foreign intelligence
agency and appropriate law enforcement agencies for .the pur.pase
of protecting the personnel and facilities of the foreign
intelligence agency or preventing espionage or other criminal
activity related to foreign intelligence or foreign counter-
intelligence; or
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(b) Provision of specialized ec{ui.pment or
technical knowledge fvr use by any other Federal department
or agency.
SECTION IV. Foreign intelligence agency personnel ,may be
detailed elsewhere within the Federal government as authorized
by law. Employees so detailed shall be responsible to the
host agency and shall nat report to their parent agency on
the affairs of the host agency except as may be directed.
by that agency. The head of the host agency and any subsec{uent
successor shall be informed of the detailee's association
with the parent agency.
SECTION V. Nothing in this Order shall prohibit any agency
having law enforcement responsibilities from discharging such
responsiblities -pursuant to law. Nor shall this Order apply
to any activities of the Federal Bureau of Investigation.
SECTION VI. This Order does not set forth all restrictions
under which foreign intelligence agencies are obligated to
operate, and it sha11 not be construed to derogate from any
other restrictions imposed by law or by applicable administrative
rules, regulations, or directives or to limit the authority
of the Vational Security Council or the head of any foreign
intelligence agency to promulgate and enforce further restrictions
on the activities of such agency.
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 Approved
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Bill:
Attached is the Executive order "ESTABLISH-
ING RESTRICTIONS ON FOREIGN INTELLIGENC
ACTIVITIES" with the suggested revisions agreed
upon by the Deputy Directors. The revisions a,ls
attempt to take into account your thoughts related
by Gen. Walters. This takes into account our
discussions at the 5:30 me ting^this afternoon.
o~ n arner
FOLD HERE TOR lJRN TO 38NDiiR
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