CIA SURVEILLANCE ACTIVITIES WITHIN THE UNITED STATES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83B00823R000800050044-7
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 7
• Document Creation Date: December 14, 2016
• Document Release Date: July 26, 2000
• Sequence Number: 44
• Publication Date: August 6, 1975
• Content Type: MF

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6 A.U G 1915
MEA40RANDU~I FQR: Director of Central Intelligence
VIA . Deputy Director f'or Administration
SUBJECT CIA Surveillance Activities ~#ithizx the
United States
1. Action Requested: It is requested. t}zat you approve
th.e recomm~atian canta.in,ed in paragraph four.
2. Definitions
a. P}zysical surveillance is the systematic visual
observation by any means of a specific individual or
individuals withaut theix knowledge which does not:
amount to a trespass. Physical surveillance; is
legally permissible.
b. ~}onitaring is the recording of conversatx.ons
in rt~hi ch ane of th:e parties is a~:are that it is being;
done. Such monita.ring by electronic or othex means
is legally.. permissible.
c. Audio surveillance is the in.tercep.tian of wire
and oral communication t}Lraugh the planting or use o#
electronic, mechanical or other devices for the aver-
hearing of a conversation without the consent of the
parties thereto. Audio surveillance :is regulated by
18 U.S.C. 2511 and by a delegation of Presidential
authority. to the Attorney General. 6~it}iin the ITrtiteci
States only the FBI may cond~:uct atulio surveill'ancc
after. approval by th.e Attorney General pursuant to-the
Pxesident'ial delegati.an. The Attorney General. may
aut}zoriL~ the FBI to conduct audio surveillance upon
the request of CIA. Such requests. require t}re specific
appraval of the Director of Central. Intelligence. Audio
surveillance performed in accordance w.~tla these pracec}.ures
is pex?an:issible far purposes :~a-}.ling ~~it}z.rz. th.e _~.gea3.cy` s
legislative c}~artcr.
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3. Staff Pas it ion .
a. }-Vhile there are 1e~;al limitations an sur-ve:illance
techniques that can be emp7:oyed within t}~e LFnited States,
surveillance has a proper role in a legitimate investiw
.gation. Occasions will arise when a given case will
present the need to .conduct: surveillance of individuals
suspected of personal or security irregularities ar
abou~, ti~~hom there is caunter?inte:l.Iigence concern. The
aut$~orization of the Director of Central Intelligence,.
as D-irectar of this Agency' under his .general. responsibility
for the Agency's propex administration or under his
specific.~responsibility far protection of intelligence
saa:~rces and methods, will be .required before surirellanee
twill be initiated.
b, The following are instances in which ~ahysical
sur~~eiilance or monitoring is legitimate and within the
Ager;_~vy"s legislative authorization:
(l) }Vithin the bawldaries of Agency installa-
tiaras or property, .any :individual suspected of
unlawful- or improper security-related activities;
(2.) Agency employees or individuals with whom'
t:he Agency has an offic~ia7. association and a
?tegi~imate security interest who are suspected of
ca;zduct or activity deemed to constitute a threat
of exposure or compromise of intelligence sources
and methods; -
(3) In caoxdinatian with appropriate law
enforcerr~ent authorities, those individuals :in (1)
and (2) above who are suspected of unlawful or
criminal activities;
>.
(4) A faxeign national of operational interest .
tv}~.en~ it is necessary to establish his bang fides or
otherwise required as an aid in assessment, recruits
ment, brie-f:ing, ar debri~~fing. }Vhere appropriate,
prior coordination or concurrence t,rith the :CBI will
be effected;
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(5) To monitor or observe clandestine- meetings
with individuals of opE;ratianal interest (counterr
surveillance);
(6) To evaluate ar.~d test security systems at
Agency installations; and
(7') For the pratec:tion of an employee in those
instances where there is concern for the empl?yee's
safety or wellbeing anal not far secur:ity~relate.d
considerations. ~ ~.
co Where consideration of cases leads to the conclusion
of a need for surveillance, justification shciuld be obtained
and specific proposals should be advanced concerning the
techniques to be employed. In these cases an analysis and
justification should be submitted to the Director of
Central Intelligence for his action as Director of this
Agency ar under his statutory responsibility to protect.
intelligence sources and methods.
da There inevitably will be instances in which
operational requirements da iaot afford time in which to
conduct pxio~~ formal recommendations and. .review, Ta
provide far such operational situations, reportiiag and..
review at the approving level may be accomplished after
the fact in such casesa However, .advance oral approval _
of the Director of Central :[ntelligence will be obtained
prior to the onset of the p}aysical surveillance or
monitoring.
e. There are limited areas in i,rhich physical sur-
veillance ar monitoring are routinely used.. ~dithin
these specifically defined areas, authority to approve
should reside at a 1eve1 below that of the Director of
Central Intelligence.
(1) Specifically, the Deputy Dire-star for
Administration and the Deputy Director far
Operations should be authorized to approve or
delegate to a.n Office or Division head the
authority to approve co u.ntersurveillance. I.imiteel
physical surveillance of anyone discavc.red ss a
xesult of the countexsurve-illance ~?~~y occ~~a: only
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to the extent necessary to identify tie individual,
but .in no case for more than 24 hours... The physical
surveillance should be reported to: the Director of
Central Iz~.telligence as soon thereafter as feasible.
(2) The Deputy Director for Ad~rtinistration
should be autlioriz~d to approve or delegate to
an Office head aixthority to approve physical
surveil"lance or monitoring as necessary to perform
the following:
~~
(a) Evaluation and testing of security
systems at Agency installations.
(b:) Protective surveillance .where there
is concern for the ~3mplayee's safety or well-
being and not far any security-related consid-
era~tions .
4. :~ecammendation: It is recommended that you approve
tlae following:
a. `I'hat?;the use of surveillance usually require
the pre.s~r written approval of the Director of Central
Intel~~_ence and such request for approval to contaa~n,
but nc~t necessarily be limifi:ed to, the follotiring:
(1) Type of surveil.lanee requested and proposed
E~uration;
(2) The reasons-for the surveillance anal., if
appropriate, an explanation of irhy the Agency should
conduct the surveillance: instead of a law enforce-
ment .agency;
(3) A schedule fox reporting progress} to the
Director of Central Intelligence; anal
(4) A request far a.ppxoval.
b? That each proposal as outlined in p aragrap}i 4.a.
shall be forwarded through the appropriate Dept~.ty Director
a~xd reviewed by the General Counsel far his opin:~e-n on
tlxe legality of the surveillance prior to subr~tission to
the Director of Central Intelligence.
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c. The:t :in those instances where apera.tional
exigency does not permit .pr:iar formal.j>raposals and.
reuzew,: the advance oral ap~7roval of the Director
of Central Inte].Iigence is sufficient to initiate
physical surveillance and manitaring. Details of
the incident with justi:fical:ian far physical surveil-
lance and monitoring will be: submitted promptly ft~r
formal review :and approval.
d. 'That :authority to'. a~~rprove those limited areas
of surveillance defined in paragraph ~.e. be delegated:
to the. Deputy. Directox for Gpex~ati:ons and the Deputy
Director for Administration as indicated,
25X1A
Robert ~~. Gambino
Directa.r of Security
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SUBJECT: CIA Surveillance Activities tYithin
the United States
CONCURRENCES:
Jahn F. B1al~e
Deputy Director for Administration.
William E. Nelson
Deputy Director for Operations
John Warner
General Counsel
Donalc~C'hamberlaln -J- ,,.,.~
Inspector General
George-Cary
Legislative Counsel
APPROVED:
DISAPPROVED:
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25X1A
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1 - D/Security
1 -
1 - ,~ egistry
2 - SAG
1 -~I~CB Chrono
25X1A
OS/CD/IF~CB fms (30 July 1975)
Retyped:rjtia {for Gambina's Signature and to delet from 25X1A
Cancurrence and Distribution page)
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