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VERBATIM EXTRACT OF THE DIRECTOR,

NATIONAL RECONNAISSANCE OFFICE MESSAGE

TO PROGRAM DIRECTORS IMPLEMENTING E. 0. 11905

28 MAY 1976

•

The President's new 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: 1ST Electronic

surveillance which is made from, or is intended by

the sender 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 law."

The E. O. 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 responsibility for establishing

and implementing procedures 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. 0. 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 satellitei under the provisions of the authority

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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.

Each NRP initiated domestic requirement will be

personally approved by the respective NRO Program Director

(i.e., Gen Kulpa, Mr. Duckett, and Capt Darcy).

Domestic collection will be minimized by limiting

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.

Request each addressee provide by 1 July 1976, a 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.

..

....••

c. Destroying domestic material inadvertently

obtained on U.S. persons or organizations.

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d. Reviewing NRP contractor adherence to the applicable

procedures of this directive.

This plan should be addressed to the NRO Staff, attention

Colonel Hofmahn.

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