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(91 NATIONAL RECONNAISSANCE OFFICE

if:Apimcnor. t, c..

THE NRO !.TAI r

15 Pobrunry 1978

UNORANDEM FOR CRAl l• AN, COMEX

TRW: SPECIA1 SECURITY CENTER

SPDJECT: Civil Applications of NRO imsAing Satellites

I asked the NRO Staff to review the legal basis of civil ag •nc% use

of satellite imagery, in the context of the re•:ently issued Executive

Order. It appears unclear whother current, authoritativl .1o6n1 approoet

for such domestic use of national intelligence assets exists.

we are advisee that each civil anency is responsible for.attestint;

to the pro p p riety of their collevtion requirements unC that MARK.: does

net vulidrte those tet:uirement.s. Although the CIA General Counsel

reportedly advised that such us.: of NR: ►-pioduced le.ngery is in consonance with current lve;a1 -equir-ifluts, the throat of th raw: Issued

Executive Order may 1..uk:t it pr.f d: ► _ to seek approval frost the intelligent:::

Oversight Board or the Attorney Ceueral.

1 rc'c• ourioeu yau review tho need cot •eaul scnetion for the civilian

asencim' tusking . e.d use of NN:. sate:lites.

Brigadier Cenera USAF

E.:rector
Colonel, USAF

(S) NATIONAL RECONNAISSANCE OFFICE

WASHING1 ON. D.C.

THE NRO STAFF 10 February 1978

MEMORANDUM FOR GENERAL SHIELDS

SUBJECT: Propriety of Civil Application Committee (CAC)

Activities

In response to your memorandum (Attachment 1) the staff

has reviewed the problem of propriety for the CAC. Attachment 2

is the CAC's current charter. Note that it establishes a

priori that CAC activities are legitimate. it is, of course,

the product of a previous administration.

The letter at the right provides a vehicle for you to

surface this issue to COMIREX and to Special Security Center.

The problem more properly belongs to them--but your letter

insures that the NRO cannot be faulted for an obvious orris =ion.

2 Attachments:

1 - Your memo, dtd 26 Jan 4741

2 - CAC current charter

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LLIAM L. S

Brigadier General, USAF

Director

(S) NATIONAL RECONNAISSANCE OFFICE

WASHINGTON. D C

THE NRO STAFF

26 January 1978

MEMORANDUM FOR COLONEL HOFMANN

Please conduct a Staff study of the matter outlined in my

attached memorandum and provide a suggested approach for raising

the matter to appropriate higher authorities. I would like to

•

have your response by 10 February.

Attachment

DNRO Staff Memo for

Record, dtd 26 Jan 78,

re Civil Applications

cc:

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(S) NATIONAL RECONNAISSANCE OFFICE

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:

THE NRO STAFF

'MEMORANDUM FOR THE RECORD

26 January 1978

It appears to me that the civil application of NRO satellites has

not received a degree of attention that is consistent with recent

executive and legislative reviews of the propriety of intelligence

operations. There have been a series of executive actions, culminating

in an executive order signed within the week. The Congress has held

extended hearings on intelligence matters and is deliberating the

issuance of legislative charters for intelligence agencies. I see no

evidence that civil applications of NRO satellites have been explicitly

subsumed in these efforts.

The civil applications tasking is uncoupled as a matter of policy

from the COXIREX tasking. Each civil agency is evidently responsible

for attesting to the propriety of their collection requirements. Thus,

there appears to be a potential for inappropriate use of NRO systems.

It is not clear that the propriety of these civil applications

collection activities is being reviewed by the InspectorsGeneral of

the Executive Departments, or by the Intelligence Oversight Board, or

the Attorney General, or the Congress.

I believe that the Director of Central Intelligence, as the top U.S.

Intelligence official; the Secretary of Defense, as the executive ageit

for the NRO; and the DNRO, as the line authority who sends commands to

the satellite, are potentially in a vulnerable position with respect to

this issue.

. Brigadier General, USAF

Director

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THE WHITE HOUbe.

WASHINGTON

SECRI7T/XCDS October 3, 1975

MEMORANDUM INTERIOR

RECBVED

iirf 6 - 1975

OFFICE OF ME

IMSTWIT SECOLTARY

FOR MEM MO IsiMER/1

FOR

The Secretary of Defense

The Secretary of Interior •

The Secretary of Agriculture

The Secretary of Commerce

The Administrator, National Aeronautics

and Space Administration '

The Administrator, Envirmunental Protection

Agency

The Chief of Engineers. United States Army

SUBJECT: Establishment of the Committee for Civil Applications

of Classified Overhead Photography of the United States

•

The President has noted that the Commission on CIA. Activities Within the

United States in discussing classified overhead photography of th• United

Staten concluded that it can find no improprietZr in permitting...continued

civilian use of such photography..and that gco.porrry..dittates the use of the .•• • .

photographsfor appropriate .......... purposes. Accordingly; the President ,

has direCted the establishment of a civilian agency committee to oversee

civilian uses of classified overhead photography taken over the United States.

To implement the President's decision, the following actions are to be

taken:

1. The SectAtasfILr_st teio dill form a Committee for Civil Applications

of Classified Overhead Photography of the United States which will:

receive, evaluate, consolidate, standardize, establish

priorities and transmit to the Director of Central Intelligence

(DCI) all requests for such photography from domestic civilian • •

'agencies;

facilitate civilian agencies' use of classified systems and coordinate

the incorporation of photography, derived data, and technology in

performance of domestic civilian functions;

•

*EGR-EW XODS BYAUTH - Henry A. Kissinger 

six 0026-'15 • Copy •/1

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Henry A. Kissinger

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•••

James T. idynd,

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supply formation to civilian agencle se that they may

knowledgeably formulate requests• and reach compromises

between requests and capabilities;

act as the interface between civilian a el re.....111asnd intelligence

colle—aors, recognizing that the Director of

will nno be involvedjiLinclgments concerning civiragenc:i needs

surijuitiap and that collection for this purpose will remain

incidental to foreign intelligence collection; •

•

oversee civilian agency uses of classified pliotography in a

manner designed to avoid any concerns that domestic photographic

coverage- is being used improperly.

In performing all of the above activities, the Committee' will be subject

to guidelines established by the President.

2. The committee will be chaired by the representative of the Department

of Interior and will consist of representatives of the Departments of

Agriculture and Commerce, the National Aeronautics and Space

Administration, the Corps of Engineers and the Environmental

Protection Agency. Membership may be expanded at the discretion

of the Committee.

•

3. The Director of Cential Intelligence will designate a representative

to serve ex officio on the Committee for the purpose of liaison with

the intelligence community, to assist in obtaining domestic photographic

coverage, to address issues concerned with the usd of classified

products, and to facilitate the acquisition of security clearances for

users. Since civil usage of data is enhanced if unclassified, the *DCI's

representative will be an intermediary on questions concerning release

of classified information from security controls, as appropriate.

•

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