• if • 10P-SEGRET-

.1111/11.111 

31111111t

•

1St-NATIONAL RECONNAISSANCE OFFICE

WASHINGTON. D.C.

ORIFICE OF THE DIRECTOR

•

•

11CSDRANDUM FOR DOD GENERAL COUNSEL

SUBJECT: Proposed Executive Order Establishing Restrictions

on Foreign Intelligence Activities

We have two reservations about the draft Presidential

memorandum. The first is with Section VII, Assignment of

Personnel. There is presently no law which either enables

or prohibits such assignments. The memorandum appears to

require that there be such a law; in the interim we would

find ourselves in a situation which could be in conflict

with the intent of the Presidential executive order.

The second comment is that while the memorandum obviously refers to civil surveillance of personnel only, it

could infringe upon our ability to conduct experiments using

SIGINT collection satellites which may be required to be

conducted within the continental United States.

I suggest that these two points be clarified.

MBA

CLANNA ►NO PINNII

astaam. or iefLiEcia sueunva CAM

OONY NCI ONCLAINNof ON NO On.

cannot.115762--

col COP I El

OF 1 PAGE.
GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE

WASH1NGTOK D. 20301. •

. .

27 January 1976

MEMORANDUM FOR: See Distribution

SUBJECT: Proposed Executive Order Establishing Restrictions on

Foreign Intelligence Activities 16.

et/

As a follow-on to last Wednesday's Intelligence Breakfast, I am.

furnishing each of you a copy of the latest effort between Defense and

Justice to arrive. at an acceptable DRAFT executive order which the.

Department of Defense can support and recommend for Presidential

signature.

T would appreciate receiving comments from each department

or Agency to the attached DRAFT fio later than 1400, Wednesday,

January 28, so that we will be in a position to convey any serious

objections or problems with this language to the Attorney General and

the. White House staff.

In the event you do have any serious problems with this language,

an advance telephone call to Mr. Robert T. Andrews, OX5-6804,

alerting us to them will be appreciated.

•

itgatiLLgaz

ebv-i•

Richard A. Wiley

DISTRIBUTION:

DepSec Ellsworth Rear Adm. Youngblade

Under Secretary Augustine Brig. Gen. Timmerberg

Under Secretary Potter Col. Tucker

Under Secretary PlummereE

Mr. Latimer

Mr. Cooke

Lt. Gen. Allen

Vice Adm. Rectanus

Lt. Gen. Tighe

Maj. Gen. Aaron

Maj. den. Keegan

Rear Adm. Inman
DRAFT

1/27/76

EXECUTIVE OR=

.

.

Information about the capabilities, intentions and activities of

other governments is essential to informed dacisicn-making in the fields

of national defense and foreign affairs. The measures erployed to

acquire such information- should be responsive to the legitimate needs

of our Goverrsront. At the same time they must be conducted at all

tines in a manner which preserves and respects our concepts of privacy

and civil liberty.

Recent events have clearly indicated the desirability of governmentrwide directive which will ensure a. proper balancing of these interests.

11h: rules of operation prescribed by this Order are not intended to derogate ft:many other laws, regulations or directives further restricting

the activities of our foreign intelligence agencies.

By virtue of the authority vested in me as President pursuant •

to my po ►ers • under Article II, Sections 2 and 3 of the Constitution,

and statutes of the United States, including the National Security Act

of 1947, and finding such actions necessary in the national interest,

it is hereby ordered as follows:
SECTION I: Definitions. -

As used in this Order, the following term; shall have the nean--

ings ascribed to then bedew:

(a) "Collection" mums any one or mere of the gathering, analysis,

dissemination or storage of non-publicly available information without

the inforned express consent of the subject of the information.

"Employee" weans a person cop employed .by, assigned to, or acting

0.4A' for a foreign intelligence, agencyl 4.0

"Foreign intelligence" moans informaticm concerning the cepabilitim intentions and activities of -any foreign poor, or of any neeer •

thited Stites person whether within or °aside the United States, or

concerning areas outsids the United States; or concerning the protection of such inform3tion and its collection Iran detection or disclosure.

"Pbreign intelligence agency" mans any &verb:telt or agency

of the United States Government, or occrpenent thereof, while it is on-r

gaged in the collection of foreign intelligence, but shall not Cnclude

any departm.,nt asietncy, or conponent 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.

(e) "Lbited States persons" mans United States citizens,' aliens

admitted to the thited States for permanent residence, and corporaticns

or other organizations incorporated or organized in the milted States

7 (f) "Physical surveillance" means continuing visual observation by

0 fr 7any means and acquisition of a non-public communication by a person not

•
..•

-2-

aparty thereto, or visibly present theriiat, through an means which

does not involve electronic surveillance.

(g) "Electronic surveillance" means acquisition of a non-public

communication by electronic means, without the consent of a person %to

is a party to, or visibly present at, the communication. L.

SECTION II: Scope: "Acillrenoe to Law and Ethical Standards.

¶he provisions of this Order shall apply to covered activities within and without the United States, tmless otherwise specified.

All employees of all foreign intp-lligenine agencies shall abide

by all applicable laws of the United States and shall adhere to the

highest standards of ccncluct;

•

SECTION III: Restrictions on Collection.

Foreign intelligence agencies shall not engage in any of the .

following activities:

(a) Physical surveillance directed against a Waited States person,

except to the extent that such surveillance is .in accordance with law,

and is pursuant to procedures approved by the head of the foreign in-

.

telligence agency, and is directed against either:

(1) a present or former employee of such agency, its

present or former contractors or their present or forner employees, for the purpose of protecting foreign intelligence sources

or methods fran unauthorized disclosure, or

•

•
..•

a United States parsec wticit is in contact with either

such a present or former contractor or employee, or with a nonUhited States person why is the subject of a foreign intelli-

.

gence inquiry, but only to the extent necessary to identify such

United States person, or

a United States person outside the United States who is

reasonably suspected of -engaging in activities threatening the •

national security;

Electronic surveillance within the United States or directed

against Uhited States persons abroad, except (in either case) in accord-

!I •

ance with law and under procedures approvtd by the Attorney General;

vidad that under no circumstances shall the Central Intelligence Agency

engage in electronic surveillance within the United States;

Moonsented physical searches within the United States; or

unawsented physical searches directed against United States persons

abroad, except in accordance with law and under procedures approved by

the Attinmey Ceneral;

Opening of mail or examination of envelopes of mail in the

U.S. Postal channels, except in accorda'nce with the provisions of Lbited

States Postal laws and regulations;

Examination of Federal income tax returns or tax information

except in accordance with the Internal Revenue Code and the implementing

regulations thereunder;
.•11

(f) Infiltration of or letdisclosei'participation in any organizetion within the atited States for the. purpose of reporting on or influencing its activities or nerarers.

(g) Operaticn of a proprietary ccapany on a basis conanrcially

competitive with United States businesses, except to the minimum extent

necessary to establish commercial credibility.. ?b investments by a

proprietary company for financial gain shall be made on the basis of

any substantive' information not available to the public.

Solicitation of foreign intelligence information free a :tilted

States person, unless the foreign intelligence agency.reveals its true

identity to such person.

Collec. tion of information concerning the docrostic activities

of tbited States persons except:

Information concerning pre=tt or former enp3oyees,

present or forner contractors or their press*, or former employees, necessary to protect foreign intelligence sources or

methods from unauthorized disclosure; and information concerning

the identity of persons in contact with the foregoing Or with a

non-United States person who is the subject of a foreign Inte.U.igenos inquiry. •

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 persons.

1

4

•
Foreign intelligence infotmation gathered abroad, or

• fran voluntary foreign sources in the United States, or fray

electronic surveillance conducted by an agency other than the

Central Intelligence Agency in ccripliance with Section III(b)

above.

Lawful dissemir.ation to the appropriate law enforconent

agencies of information incidentally gathered showing involvement

in activities in violation of United States law.

(5) Storage of information required by law to be retained.

a •

SECTION IV. Restrictions cet Dissemination.

Information on the activities of United States persons shall not

be disseminated by or to any foreign intelligence agency mless:

The information had been 'lawfully gathered by the disseminating

agency in furtherance of its authorized mission;

The dissemination is nada in furtherance of the authorised

mission of the receiving agency, and with reasonable belief that the information is relevant to such mission; and

(e) The dissemination is not otherwise prthibited by law, or by

procedures governing the gathering of the information pursuant to subsections III (a) - (c) above.

SECrICei V. Restrictions on in,sting and McIsizazwitation.

fbreign intelligence agencies shall not engage in:

(a) 'Itsting of electronic surveillance equicaent within the
; •

•

• •

States, except in accordance with law and under procedures approved by

the Attorney General.

(b) Expaxinaltatien with drugs on human subjects, except with the

informed consent, in writing and witnessed byadisinterested third party,

of each such halm subject and in accordance with the guidelines issued

1.•

by the National Cosmission for the Protection of Ihroon Subjects for 'Elio-

,

nedical and Behavioral. lbsearch.

SECTICLI VI. Assistance to Law Enforcement Authorities. •

No foreign intelligence age ncy shall, except as expressly authorized

bylaw:

•

Provide services, equipment, perionnel or facilities to the

Law Efiforcenent Assistance Administration or to State or local police

organizations of the Ulited

Participate in or fund any law enforcement activity within the.

United States.

Mese prohibitions shall not, however, preclude (i) cooperation

between a foreign intelligence agency and appropriate law enforcarant.

agencies for the purpose of protecting the personnel and facilities of

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 .
' • •

-7-

•

SECTION VII. hssignment of Personnel.

ftreign intelligence agency personnel may not be detailedelse--

re within the Federal Gave:rimmed:except as authorized by law.

Ehpacyeas 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 the latter. The than head of the host

agency, and any successor, shall be infmamd of the dotailee's associatiara with the parent 'agency.

SECTION VIII. Law Enforce mnnt Responsibilities.

,thing in this Order shall lilt the law enforcer rat functions,

civil or criminal, of any.department, agency , or component thereof,

having *such responsibilities.

SECTION IX. Irploarntation.

Each foreign intelligence agency shall, within 90 days, issue

internal .directives to implement this Order with respect to its foreign

intelligence operations.
FL

I

I

I

DISTRIBUTION:

ONRO

DDNRO X

x

r

II x

-111111 1

Ira 1111

COMP

RF

MI

DATE TIME

Kam

MAY 

PAGE ND.

ram

1976

MO.:*

PAGES 5 I

aissowsu FOR COMAISiA1CA:401 COOSA

S (.14A mEssAGeFon -

1.:1.MOIsFICATOXId

ISECRETCITE -AdJALIHANDLE VIA4IIIIIIIPHANNELS ONLY

SECUR

FOR GEN KULPA

OR MR. DIRKS

FOR CAPT DARCY FROM MR. PLUMMER •

SUBJECT: IMPLEMENTATION OF E.O. 1190S

THE PRESIDENT'S 14MW E.O. 11905 ON FOREIGN INTELLIGENCE CONTAINS A RESTRICTION ON ELECTRONIC SURVEILLANCE

ACTIVITIES WITHIN THE UNITED STATES OR AGAINST U.S.

PERSONS OVERSEAS. THE PRINCIPAL PARAGRAPH OF INTEREST

IS SECTION 5, PARAGRAPH (B)(2), PAGE 27 QUOTED BELOW:

"FOREIGN INTELLIGENCE AGENCIES SHALL

NOT ENGAGE IN ANY OF THE FOLLOWING

ACTIVITIES:

(S) ELECTRONIC SURVEILLANCE TO INTERCEPT A COMMUNICATION WHICH IS MADE

......•n••n••nnnn••n•n

TOO

mama

S2S94 I

?Van, NAM t ANC, TITLE

X

p

If1,

iiJS11111111111111!

Tai.c

EI I DNRO

a

a

A

a

%, ill ci....wonc..TioN

SECRET

SOCOMM Fos ra 173

1 Aug, 71

wasemseas miaauctsons

E-2 IMPDET
CONTROL O. 1 TOR/TOD I 1PAGE KO.

411n111011n...041MIIIII . 

tTi:Tga.

RU*0.1 .tipoArnoss E-2 f" CLASSIFIC.S.TION

NO. Oa V.ESSAGF. !DENT F 'CATION PAGES

S

•

SOCOMM MESSAGEFORM

CONTINUATION SHEET

L. • -our: CLASSIFICATION

'TOP"

-SEeRE-T.

PRECEDENCE I RELEASED sr

ACTION PRIORITY

JWP

DRAFTED SY TSONE

INFO 2S94 1

•

. •

FROM, OR IS INTENDED BY THE SENDER 1

TO BE RECEIVED IN, THE UNITED STATES,

OR DIRECTED AGAINST UNITED STATES

PERSONS ABROAD, EXCEPT LAWFUL ELECTRONIC SURVEILLANCE UNDER PROCEDURES

APPROVED BY THE ATTORNEY GENERAL; PROVIDED, THAT THE CENTRAL INTELLIGENCE

AGENCY SHALL NOT PERFORM ELECTRONIC

SURVEILLANCE WITHIN THE UNITED STATES,

EXCEPT FOR THE PURPOSE OF TESTING

EQUIPMENT UNDER PROCEDURES APPROVED BY

THE ATTORNEY GENERAL CONSISTENT WITH

THE E.O. ALSO PROHIBITS PHYSICAL SURVEILLANCE WHICH IS

DEFINED AS "...CONTINUING VISUAL OBSERVATION BY ANY

MEANS..."

THE NRP HAS RECEIVED INTERIM AUTHORITY FROM THE

DEPARTMENT OF DEFENSE TO PERFORM ESSENTIAL DOMESTIC SATELLITE PHOTO AND ELECTRONIC DATA COLLECTION FOR RESEARCH

AND DEVELOPMENT AND ENGINEERING TEST PURPOSES. THE

DIRECTOR OF THE NRO HAS BEEN ASSIGNED THE AUTHORITY AND
tiR!TY CLASSIFICATION

-TOP411eit£11-

SOCO. . MESSAGEFORM

CONTINUATION SHEET

PRECEDENCE RELEASED BY

ACTION PRIORITY

DRAFTED DY PHONE

INFO JWP 52594

RESPONSIBILITY FOR ESTABLISHING AND IMPLEMENTING PRO- ..1

CEDURES TO INSURE THAT OPERATING ELEMENTS OF THE NRP

ADHERE TO THE SPIRIT AND INTENT OF E.O. 11905. ACCORDINGLY,

THE FOLLOWING POLICY AND PROCEDURES ARE SET FORTH FOR

OPERATING ELEMENTS OF THE NRP. THESE PROCEDURES MAY BE

SUBJECT TO CHANGE BASED ON FORTHCOMING GUIDANCE FROM THE

JUSTICE DEPARTMENT.

THE SPIRIT AND INTENT OF THE PROVISIONS OF

E.O. 11905 PERTAINING TO ELECTRONICS AND PHOTO ACTIVITIES

WILL BE STRICTLY ADHERED TO BY ALL ELEMENTS AND MEMBERS

OF THE NRP.

NRP INITIATED DOMESTIC ACTIVITIES WITH

RECONNAISSANCE SATELLITES UNDER THE PROVISIONS OF THE

AUTHORITY DELEGATED TO THE DNRO ARE LIMITED TO RESEARCH

AND DEVELOPMENT AND ENGINEERING TEST REQUIREMENTS CONSISTING OF SIGNALS AND PHOTO INTELLIGENCE SYSTEMS TESTS AND

GROUND TRUTH TESTS, SYSTEM OPERATIONAL CALIBRATION, AND

OTHER ESSENTIAL EFFORTS RELATED TO THE DEVELOPMENT OF

SATELLITE SYSTEMS. THE AUTHORITY TO CONDUCT DOMESTIC

OPERATIONAL REQUIREMENTS, SUCH AS MAPPING, CHARTING AND

GEODESY, IS RESERVED TO THE DCI. 1004

nNA.

RAGE NO. I or FMESSAGE IDENTIFICATION NO. PAGES

3 5

CONTROL NO. TOR/TOD

C LT

aCGRAC4X,:e.'TR6C71010

E-2 IMPDF:T
PRECEDENCE

mrrmNPRIORITY 

INFO

RELEASED BY

JSP.

SOCO. UESSAGEFORM

CONTOVATIOt: SHEET

1.IRITY CLASSIFICATION

4-

DRAFTED BY PHONE

S2S94

EACH NRP L INITIATED DOMESTIC REQUIREMENT -1

WILL BE PERSONALLY APPROVED BY THE RESPECTIVE NRO PROGRAM

DIRECTOR (I.E, GEN ►ULPA, MR. DUCKETT AND CAPT DARCY).

DOMESTIC COLLECTION WILL BE MINIMIZED BY

CMG

LIMIT RESEARCH AND DEVELOPMENT AND SYSTEM ENGINEERING

TEST ACTIVITIES TO THOSE REQUIREMENTS WHICH CLEARLY

CANNOT BE MET REALISTICALLY BY OTHER MEANS.

DOMESTIC PHOTO AND ELECTRONICS DATA INADVERTENTLY OBTAINED ON U.S. PERSONS OR ORGANIZATIONS WILL NOT

BE USED FOR ANY PURPOSES AND WILL BE DESTROYED AT THE

EARLIEST PRACTICAL TIME (WHEN THE TARGET DATA IS NO LONGER

OF TECHNICAL OR SCIENTIFIC USE).

A WRITTEN RECORD CONTAINING THE DESCRIPTION

OF EACH DOMESTIC RESEARCH AND DEVELOPMENT AND TEST REQUIREMENT WILL BE MAINTAINED.

NRP CONTRACTORS WILL BE APPRISED OF THE PROVISIONS OF THIS DIRECTIVE AND COMPLIANCE REQUIREMENTS OF

ALL ORGANIZATIONS SUPPORTING THE NRP.

SHOULD ANY UNFORESEEN REQUIREMENTS ARISE

WHICH WOULD DEVIATE FROM THE ABOVE PROVISIONS, THEY WILL

NOT BE INITIATED WITHOUT THE PRIOR APPROVAL OF THE DNRO.

J.

CONTROL NO. TOR/TOO

MO. PAGES

PAGE NO. OF MESSAGE IDENT ICAT ION hITIALE:

S I

REGrADING INSTRUCTIONS isEmicrry cuksstitqc.ATIou

1

E-2 TMPDET SECRET "mom •••nn••••=1•••n•• 1•10.1•n•n••n•nn••n•••n•nnnn••••nn•n•111•1•110D
JWP

•n•nnnn•nn•••••n••n•n

SO CO!

MESTAGEFORP4

CONTWUATION SHEET

4,•n•n•n1ID RELEASED BY

-lour,/ CLASSIFICATION

7.3P-

-STORE?

PRECEDENCE DRAFTED E•Y PHONE

ACTION PRIORITY 

INFO

REQUEST EACH ADDRESSEE PROVIDE BY 1 JULY 1976, A 1

DETAILED PLAN WHICH IDENTIFIES PROCEDURES FOR:

APPROVING NRP INITIATED REQUIREMENTS BY THE

RESPECTIVE NRO PROGRAM DIRECTOR.

MAINTAINING RECORDS ON AUTHORIZED DOMESTIC

ACTIVITIES CONDUCTED WITH NRP SATELLITE RECONNAISSANCE

ASSETS.

DESTROYING DOMESTIC MATERIAL INADVERTENTLY

OBTAINED ON U.S. PERSONS OR ORGANIZATIONS.

REVIEWING NRP CONTRACTOR ADHERENCE TO THE

APPLICABLE PROCEDURES OF THIS DIRECTIVE.

THIS PLAN SHOULD BE ADDRESSED TO THE NRO STAFF, ATTENTION

COLO.. E-2 IMPDET.

•

'CONTROL NO.

ger• CLASSIITICATION

ITOR/TOD IfirinagS" MESSACC. WENT IF MAT ION

I i s 4 r

REGRAL3ING otZTRIJCTIONS

12-2 Ii4PDET 

SOCC!.14 weirA 172.!