EXECUTIVE ORDER ESTABLISHING RESTRICTIONS ON THE INTELLIGENCE AGENCIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M01066A000800260010-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 16, 2016
• Document Release Date: October 9, 2004
• Sequence Number: 10
• Publication Date: October 2, 1975
• Content Type: MF

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1.42.2..
October 2, 1975
MEMORANDUM FOR.:
IIL BUCHEN BIL L COLEY
HENRY KISSINGER
ED LEVI
JIM LYNN
DON RUMSFELD
JIM SCHLESINGER
FROM: JACK MARSH
SUBJECT:
Executive Order. Establishing
Restrictions on the Intelligence
Agencies
As you know, the President has decided-to issue an Executive Order
establishing appropriate restrictions on the dom stic activities of
all agencies and departments in the intelligence community. In view
of the work now underway in the Department of Justice to establish
appropriate safeguards and restrictions with respect to the Federal
Bureau of Investigation, including the FBI's intelligence activities,
the President has decided that such an Executive Order should exclude
the FBI.
Attached at Tab.A is a draft Executive Order establishing appropriate
restrictions on the domestic activities of all intelligence agencies
except the FBI. This draft Order is based on the work already done
by the group established to implement the recommendations of the
Rockefeller Commission.
I would appreciate your comments on this draft Executive Order by
COB/j)b4y, October To the extent that differences remain,
Mike Duval will schedule a meeting of affected agencies to resolve
them.
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EXECUTIVE ORDER
'ESTABLISEIING RESTRICTIONS ON FOREIGN
INTELLIGENCE ACTIVITIES
By virtue of the authority vested in nie as President of the United
States, it is hereby ordered as follows:
SECTION I. Definitions. As used in this Order the following terms
shall have the meanings ascribed to them below:
(a)
"Collection" means the gathering and storage
or the gathering and dissemination, of information.
(b) "United States" includes the United States, its
territories, possessions, and the Commonwealth of Puerto Rico.
(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 powers or their agents.
(e) "Foreign counterintelligence" means information on
the capabilities, intentions and activities of foreign powers or their agents
with respect to their collection, evaluation or dissemination of intelligence
about the United States.
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(f) "Iznfil.tration" means secret participation in an
organization for the purpose. of reporting on i.t,
(g)
"Incidental reception" means the receipt of infor-
mation, whose collection by an. agency is otherwise prohibited by this
order, during the course of such agency's authorized foreign intelli-
gence or foreign counterintelligence. activities, without specific intent
to secure such information from a United States citizen and without
direction or request from any other agency of the United States Govern-
ment.
(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 he conducted either by
any foreign intelligence agency or by any other department or agency in
pursuit of foreign intelligence 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, correlation and
analysis of information of foreign intelligence or foreign counterintelli-
gence interest derived from public sources; or
(z)
analysis of:
the collection, evaluation, correlation and
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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 volun-
tary sources or contacts; current and
former contractors and current or former
employees or applicants for employment by
such contractors; and all persons not in-
cluded above who must be given authorized
access to information which could disclose
.foreign intelligence sources and methods;
provided, however, that the
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
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me - io s from unauthorized disclosure.
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(ii) Informaf.?ion from or about a United
Si 8..x:5 citi yen collected abroad or from
foreign sources in the. course of an author-
ized foreign intelligence or foreign
counterintelligence activity.
(iii) Foreign intelligence from United
States citizens provided on a witting and
voluntary basis. The foreign intelligence
agency whall 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 appr.o
priate use of such information as permitted
under this Order.
Administrative information of the kind
customarily developed and utilized by depart-
monts and agencies of the Federal government.
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(3) the transmission of any information concern-
ing crirnina..l activities that is received through incidental reception to
any law enforcement agency with appropriate jurisdiction.
(4) the retention. of information collected in
violation of this Order to maintain a record for possible court action.
(b) ' Electronic interception of wire or oral communi-
cation 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 authoriza-
tion of the Attorney General.
(c) Testing of electronic surveillance and monitoring
equipment within the United States in violation of law. All such tests
shall be with the consent of the persons monitored unless:
(1) it is technically impractical to test such sur-
veillance and monitoring equipment in a manner that would include
consent; and
(2) any communication intercepted is disclosed
only to test engineers and is destroyed immediately upon termination
(d) Any opening of mail or examination of envelopes
contrary to the explicit provisions of United States postal laws and
regulations.
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(C)
Overseas activities other than those intended
solely for obtaining necessary foreign intelligence and foreign counter-
intelligence or directly supporting such intelligence gathering activities,
unless such activities shall have been determined by the Presido.nt to
be important to the national security of the United States.
(f) Infiltration in the United States of any organiza-
tions of United States citizens.
(g) Experimentation with drugs on human subjects,
except with the informed consent of each such human subject. and in
accordance with the guidelines of the National Commission for the
Protection of Human Subjects for Biomedical and Behavioral Research.
(h) Provision of services, equipment, 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.
(1)
Access to Federal income tax returns or tax infor-
mation in violation of statutes and regulations.
(j)
Physical surveillance of persons within the United
States except to the extent that such surveillance is not in violation of the
law and is:
(i) Surveillance, in coordination with the Federal
Bureau of Investigation, of foreign nationals in
the United States in connection with foreign intelli-
gence or counterintelligence operations;
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(ii) Surveillance of a person involved with a
foreign national under subparagraph (i), but
only to the extent necessary to identify such
person; or
(iii) 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
methods from unauthorized disclosure.
(k) Operation of a proprietary company on a com-
mercially 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 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
.explicitly authorized by law. Provided, that this prohibition shall not
preclude:
(a)
Cooperation between a, foreign intelligence agency
and appropriate law enforcement agencies for the purpose of protecting
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the personnel and facilities of the foreign intelligence agency or pre-
venting espionage or other criminal activity related to foreign intelligence
or foreign counterintelligence; or
(b) Provision of specialized equipment or technical
knowledge for use by any other Federal department or agency.
SECTION IV. Foreign intelligence agency personnel may be detailed else-
where within the Federal government as authorized by law. Employees
so detailed 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 that agency. The head of the host agency and any subsequent
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 responsibilities
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 shall 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 National 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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 POUTING AND RECORD SHEET
Approyed For Release- - 28- C A RQP8OM.G1066A0008W2600U04
ZUaEC1: (Optiono%} ^ik a-
FROM: EXTEWAON NO.
John F. Blake
DDA
DATE
TO. (Officer designation, room number, and
DATE
OFFICER'S COMMENTS (
building)
INITIAL le whom. Dro
RECEIVED FORWARDED
The attached package relati.n:!;
to the proposed. exec--,iti.ve order
on intelligence acti-rities will
be considered at the Director1.
- .morning meeting on 1)/8. The
package includes (a) the propo~>r:
orcer revised. by the ADD group is
incicated by the int tr1 ineatior, }
;(b) a clean draft im:orb orating
.the changes,,(c) a daft of a
covering memorandum "rom Mr. Ccthy
to Mr. Marsh forwarding -the
revised order and (dj a cop), of
x. an QGC memorandum raising a
question on the legality of th;.
proposed executive o der para ;i-.-ap-phi
on the testing of equipment.
61 0 "5 a or p e leas~0 fpP8g1 '
Number each eoe m4e.t to show from bona
ve a lino across calur,- after each comr;, cs.)
PCRM
 SENDER WILL T
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TO
NAME AND ADDRESS
DATE
INITIAL$
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ACTION
DIRECT.REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
IIFORMATIO$
SIGNATURE
Remarks:
The attached must be closely held. It will
be discussed this afternoon at our 5:30 meeting.
FOLD HERE TO RETURN TO SENDER
FROM: NAME, ADD E$$ AND PHONE NO.
DATE
DCI
3 Oct i
UNCLASSIFIED CONFIDENTIAL
SEC-RE
MR 237 In. Pcwiwn .ditiom
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Assistant to the Director
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D /DCI /IC
D/DCI/NIO
OLC
Comptroller
D/OCI
SC /DCI
Review Staff
jD /E S
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