RESTRICTIONS EXECUTIVE ORDER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91M00696R000900110003-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 18
• Document Creation Date: December 16, 2016
• Document Release Date: October 1, 2004
• Sequence Number: 3
• Publication Date: February 13, 1976
• Content Type: MF

Approved For .ease 2005/07/28: CIA-RDP91 M0069600900110003-3
THE WHITE HOUSE
February 13, 1976
MEMORANDUM FOR PHIL BUCHEN
BILL HYLAND
DON OGILVIE
RICHARD WILEY
JOHN WARNER'S
HAROLD SAUNDERS
/ L
FROM: MASON CARGILL
SUBJECT: Restrictions Executive Order
Attached is the retyped final version of the restrictions order.
The only change included which was not agreed on at yesterdays
meeting is the insertion of the words "even if acquired by means
other than those prohibited above" in Section II (g). These were
included at the insistence of the Attorney General. In my view,
they only say explicitly what the effect of II (g) would have been
without them.
If you object to the new words, please call Nino Scalia to discuss
the matter. If you still object after talking with Mr. Scalia, please
advise me by memo as soon as possible, stating briefly the reason
for your objection.
Approved For Release 2005/07/28 : CIA-RDP91 M00696R000900110003-3
 Approved For ease 2005/07/28: CIA-RgP91 M006960900110003-3
G~~ ~'h~e Pn~eo F
25X
Approved For Release 2005/07!2a:. CIA-RDP91 M00696R000900110003-3
 ? Approved Forsease 2005/07/28 : CIA-RDP91 M0069 Is 00900110003-3
ICG DRAFT - 2/12/76
EXECUTIVE ORDER
Information about the capabilities, intentions and activities of
other governments is essential to informed decision-making in the
field of national defense and foreign relations. The measures employed
to acquire such information should be responsive to the legitimate
needs of our Government and must be conducted in a manner which
preserves and respects our established concepts of privacy and our
civil liberties.
Recent events have clearly indicated the desirability of
government-wide direction which will ensure a proper balancing of
these interests. This order does not confer any authority not
included, and does not derogate from any restrictions included,
in any other laws, regulations or directives. Unless otherwise
specified, the provisions of this Order apply to activities both
inside and outside the United States. References to law are to
applicable laws of the United States.
Approved For Release 2005/07/28 : CIA-RDP91 M00696R000900110003-3
 Approved For Wease 2005/07/28: CIA-RDP91 M0069a00900110003-3
By virtue of the authority vested in me as President pursuant to
my powers 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 terms shall have the meanings
ascribed to them below:
(a) "Collection" means any one or more of the gathering, analysis,
dissemination or storage of non-publicly available information without
the informed express consent of the subject of the information.
(b) "Electronic surveillance" means acquisition of a non-public
communication by electronic means, without the consent of a person
who is a party to, or, in the case of a non-electronic communication,
visibly present at, the communication.
(c) "Employee" means a person employed by, assigned or detailed to,
or acting for a United States foreign intelligence agency.
Approved For Release 2005/07/28 : CIA-RDP91 M00696R000900110003-3
 Approved ForWease 2005/07/28 : CIA-RDP91 M0069=00900110003-3
(d) "Foreign intelligence" means information concerning the
capabilities, intentions and activities of any foreign power, or of
any non-United States person, whether within or outside the United
States, or concerning areas outside the United States.
(e) "Counterintelligence" means information concerning the
protection from detection or disclosure of foreign intelligence or
of national security information and its collection.
(f) "Foreign intelligence agency" means the Central Intelligence
Agency, National Security Agency, Defense Intelligence Agency; and
further includes any other department or agency of the United States
Government or component thereof while it is engaged in the collection
of foreign intelligence or counterintelligence, ' but shall not include any
such department, agency or component thereof to the extent that it is
engaged in its authorized civil or criminal law enforcement functions;
nor shall it include in any case the Federal Bureau of Investigation.
(g) "National security information" has the meaning ascribed to it
in E. 0. 11652.
Approved For Release 2005/07/28 : CIA-RDP91 M00696R000900110003-3
 Approved For .ase 2005/07/28: CIA-RDP91 M0069,00900110003-3
(h) "Physical surveillance" means continuing visual observation by
any means; or acquisition of a non-public communication by a person
not a party thereto or visibly present threat through any means which
does not involve electronic surveillance.
(i) "United States persons" means United States citizens, aliens _
admitted to the United States for permanent residence and corporations
or other organizations incorporated or organized in the United States.
SECTION II. Restrictions on Collection.
Foreign intelligence agencies shall not engage in any of the
following activities:
(a) Physical surveillance directed against a United States person,
except a lawful surveillance both conducted pursuant to procedures
approved by the head of the foreign intelligence agency and directed
against either:
(1) a present or former employee of such agency, its present
or former contractors or their present or former employees, for the
purpose of protecting foreign intelligence or counterintelligence
sources or methods or national security information from
unauthorized disclosure; or
Approved For Release 2005/07/28 : CIA-RDP91 M00696R000900110003-3
 Approved F6r4pease 2005/07/28: CIA-RDP91 M0069000900110003-3
(2) a United States person, who is in contact with either such
a present or former contractor or employee or with a non-United
States person who is the subject of a foreign intelligence or
counterintelligence inquiry, but only to the extent necessary to
identify such United States person; or
(3) a United States person outside the United States who is
reasonably believed to be acting on behalf of a foreign power or
engaging in international terrorist or narcotics activities or
activities threatening the national security.
(b) Electronic surveillance involving a communication 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.
Approved For Release 2005/07/28 : CIA-RDP91 M00696R000900110003-3
 Approved For Release 2005/07f28: CIA-RDP91 MOW R000900110003-3
?
6
(c) Unconsented physical searches within the United States; or
unconsented physical searches directed against United States persons
abroad, except lawful searches under procedures approved by the
Attorney General;
(d).Opening of mail or examination of envelopes of mail in United
States postal channels except in accordance with applicable statutes
and regulations.
(e) Examination of Federal tax returns or tax information except
in accordance applicable statutes and regulations.
(f) Infiltration or undisclosed participation within the United States
in any organization for the purpose of reporting on or influencing its
activities or members; except such infiltration or participation with
respect to an organization composed primarily of non-United States
persons which is reasonably believed to be acting on behalf of a
foreign power.
(g) Collection of information, even if acquired by means other
than those prohibited above, concerning the domestic activities
of United States persons except:
(1) Information concerning corporations or other commercial
organizations which constitutes foreign intelligence or
counterintelligence.
Approved For Release 2005/07/28: CIA-RDP91 M00696R000900140003-3--
 Approved For .ease 2005/07/28 : CIA-RDP91 M006900900110003-3
(2) Information concerning present or former employees, present
or former contractors or their present or former employees, or
applicants for any such employment or contracting, necessary
to protect foreign intelligence or counterintelligence sources or
methods or national security information from unauthorized
disclosure; and the identity of persons in contact with the foregoing
or with a non-United States person who is the subject of a foreign
intelligence or counterintelligence inquiry.
(3) 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.
(4) Foreign intelligence or counterintelligence gathered
abroad or from electronic surveillance conducted in compliance
with Section II (b); or foreign intelligence acquired from cooperating
sources in the United States.
Approved For Release 2005/07/28 : CIA-RDP91 M00696R000900110003-3
 Approved For?ease 2005/07/28 : CIA-RDP91 M00691000900110003-3
(5) Information about a United States person who is
reasonably believed to be acting on behalf of a foreign power or
engaging in international terrorist or narcotics activities.
(6) Information concerning persons or activities that pose
a clear threat to foreign intelligence agency facilities or
personnel, provided that such information is retained only
by the foreign intelligence agency threatened and that proper
coordination with the Federal Bureau of Investigation is
accomplished.
SECTION III. Dissemination and Storage
Nothing in this Order shall prohibit:
(a) Lawful dissemination to the appropriate law enforcement
agencies of incidentally gathered information indicating involvement in
activities which may be in violation of law.
Approved For Release 2005/07/28 : CIA-RDP91 M00696R000900110003-3
 Approved For lease 2005/07/28 : CIA-RDP91 M006000900110003-3
(b) Storage of information required by law to be retained.
(c) Dissemination to foreign intelligence agencies of
information of the subject matter types listed in Section II (g).
SECTION IV. Restrictions on Experimentation.
Foreign intelligence agencies shall not engage in experimentation
with drugs on human subjects, except with the informed consent, in
writing and witnessed by a disinterested third party, of each such
human subject and in accordance with the guidelines issued by the
National Commission for the Protection of Human Subjects for Biomedical
and Behavioral Research.
SECTION V. Assistance to Law Enforcement Authorities.
No foreign intelligence agency shall, except as expressly authorized
by law:
(a) Provide services, equipment, personnel or facilities to the Law
Enforcement Assistance Administration or to State or local police
organizations of the United States.
Approved For Release 2005/07/28 : CIA-RDP91 M00696R000900110003-3
 Approved Foolease 2005/07/28 : CIA-RDP91 M0060000900110003-3
(b) Participate in or fund any law enforcement activity within the
United States.
These prohibitions shall not, however, preclude (i) cooperation
between a foreign intelligence agency and appropriate law enforcement
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 counterintelligence
or (ii) provision of specialized equipment or technical knowledge for
use by any other Federal department or agency.
SECTION VI. Assignment of Personnel.
An employee of a foreign intelligence agency detailed elsewhere
within the Federal Government shall be responsible to the host agency
and shall not report to such employee's parent agency on the affairs of
the host agency, except as may be directed by the latter. The head of
the host agency, and any successor, shall be informed of the detailee's
association with the parent agency.
Approved For Release 2005/07/28 : CIA-RDP91 M00696R000900110003-3
 ? Approved FoWlease 2005/07/28 : CIA-RDP91 M006S000900110003-3
SECTION VII. Implementation.
This order shall be effective on March :L, 1976. Each department
and agency affected by this order shall promptly issue internal
directives to implement this Order with respect to its foreign
intelligence operations.
Approved For Release 2005/07/28 : CIA-RDP91 M00696R000900110003-3
 OFFICIAL ROUTING SLIP
You have already received a copy of the
latest Restrictions Executive Order dated 13 Feb 1976.
I was informed at 1800 hours today that the draft as
written has been approved by all agencies concerned
However, there is one addition; there will -pmelm~y
be a new section dealing with assassination as
follows:
No employee of the United States Government
shall engage in, or conspire to eng a in,
political assassination.
Ge eral Counsel 2/13/76
ppro e o e N%W/0 /28 (4 ) -3
FORM NO. 237 Use previous editions GPO : 1974 0 - 535-857
1-67 Lv
PREPARE REPLY
RECOMMENDATION
RETURN
SIGNATURE
 UNCLASSIFIED
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
Restrictions Executive Order
FROM: -?
EXTENSION
NO.
Deputy General Counsel
DATE
13 Ft-_hriiary T1976
TO: (Officer designation, room number, and
DATE
building)
.
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to-whom., Draw a line across column after each comment.)
1.
ADDI" - EX-1
- t
.. ;.
Please let me know your, comments,
2.
if you wish, this afternoon.
3.
ADDO - BX-3
4.
5.
A/DDA - BX-4
6.
7. ADD/S&T - 6E45 Hqs.
8.
9.
Inspector General - D Y
-2
IO '
D/OSR - CZ-4 via GX-
12.-
13.
D/Security - FX-1
14.
C/ISAS/DDA - 7C18 Hq
15.
OLC - 7D35 Hqs.
nnrnva
90M10003-3 ^ SECRET
^ UNCLASSIFIED
 Approved For Rel* 2005/07/28: CIA-RDP91 M00696RO 0110003-3
CIA Guidelines:
In August 1973 and June 1974, the CIA implemented
comprehensive guidelines covering all its conduct. These
guidelines, together with the recommendations of the Rockefeller
Commission and other White House guidance, were codified into
Agency regulations in November 1975. These specifically
addressed the following subjects:? the proper scope of CIA's
relations with other agencies and departments of the Federal
Government as well as state and local governments; appropriate
CIA relations with American citizens both at home and abroad;
and new guidelines to define CIA's proper domestic activities.
In addition, the total ban issued in 1972 on any CIA involvement
with any assassination plot or effort was categorically restated.
Approved For Release 2005/07/28 : CIA-RDP91 M00696R000900110003-3
 Approved For Rel* 2005/07/28: CIA-RDP91 M00696RO 00110003-3
should also ensure that appropriate sanctions will be
applied against Members of Congress who improperly disclose
secrets.
In addition, a statutory procedure should be enacted
to ensure that secrets disclosed to the Congress are not
unilaterally disclosed by individual Members or by either
house. In the unlikely event of an impasse, where the
President certifies that the disclosure of a particular
secret would be detrimental to the national interest, and the
Congress considers disclosure imperative, the final decision
should be left to the courts.
Lastly, successful and effective Congressional
oversight of the foreign intelligence agencies depends on
mutual trust between the Congress and Executive. Each
branch must recognize and respect the rights and prerogatives
of the other if anything is to be achieved.
In this context, a general Congressional requirement
to keep the oversight committees "fully and currently"
informed is more desirable and workable as a practical
matter than formal requirements for prior notification.
Specifically, Section 662 of the Foreign Assistance Act,
should be repealed. This step was urged by the Commission
on the Organization of the Government for the Conduct of
Foreign Policy chaired by Ambassador Robert Murphy. I urge
the Congress to adopt this recommendation promptly.
Approved For Release 2005/07/28 : CIA-RDP91 M00696R000900110003-3
 Approved For Release 2005/07/28 : CIA-RDP91 M00696R000900110003-3
FORM
1 FEB 55 241
REPLACES FORM 36-8
WHICH MAY BE USED.
Approved For Release 2005/07/28 : CIA-RDP91 M00696R000900110003-3