ESTABLISHING RESTRICTIONS ON FOREIGH INTELLIGENCE ACTIVITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000500020003-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 13
• Document Creation Date: December 15, 2016
• Document Release Date: August 25, 2004
• Sequence Number: 3
• Publication Date: December 15, 1975
• Content Type: REGULATION

DRA,F I': December 15, IV75
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? ESTABLISHING RESTRICTIONS ON FOREIGN
INTELLIGENCE ACTIVITIES
Previous guidance on the relationship between the intelligence agencies
and United States citizens was unclear. This- order clarifies that
relationship by detailing those activities which are prohibited. Without
setting forth all restrictions under which foreign, intelligence agencies
are obliged to operate, nor derogating from any other laws, rules,
regulations, or directives further restricting the activities, of these
agencies, 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 the gathering and storage, or the
gathering and forwarding, of information.
(b) "Domestic activities" means activities within the
United States.
(c) "Foreign intelligence" means information, other than
foreign counterintelligence, on the capabilities, intentions, and
activities of foreign powers., organizations or their agents.
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(d) "United States citizens" means United States citizens
and permanent resident aliens.
(e) "Foreign counterintelligence" means. activities conducted.
to protect the United States and United States citizens from foreign
espionage, sabotage, subversion, assassination, or terrorism.
(f) "Incidental. reception" means the receipt of-information,.
collection of..which by an agency is otherwise prohibited by this order.,
and which is collected in the course of an agency=s authorized foreign
intelligence or counterintelligence activities.
(g) Foreign intelligence agency" means any department:. or
agency of the United States government, or component thereof, which is
primarily engaged in foreign intelligence or foreign counterintelligence
SECTION II The following activities shall not be conducted either by any.
foreign intelligence agency or by any other department or agency i
pursuit of foreign intelligence or foreign counterintelligence.
(a) Physical surveillance of United States citizens except to,
the extent that such surveillance is in accordance with. law and is:
(1) Upon written approval by' the head of the foreign
. 4 d is ,survejl!GrCC
intelligence department or agency;,of individuals currently or formerly
employed by that agency, its present or former contractors, or such
contractors` employees,' for the purpose of protecting foreign intell.igende
sources and methods from unauthorized disclosure; or '
p
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(2) Of a person having contact-with any persons described
under subparagraph (1), or,foreign nationals in the United States i
connection with foreign intelligence or counterintelligence operations,
but only to the extent necessary to identify such person.
(b) Electronic surveillance of United States. citizens except in
accordance with law and under procedures approved by the Attorney
General, and in no instance shall the Central -Intelligence Agency engage
within the United States in the electronic surveillance of United States
citizens.
(c) Testing of electronic surveillance equipment within the
United States except in accordance with law and under procedures
approved by the Attorney General.
(d) Any opening of United States mail or examination. of envelop-es.
except in accordance with the provisions of United States postal laws and
regulations.
(e) Access to Federal income'tax returns or tax information -
except in accordance with statutes and regulations,.
(f) Infiltration or secret participation in any organization
composed primarily of United States citizens for the purpose of
reporting on its activities or membership.
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 Approved Fc(g~ exdO O$ toa~h~t bR~'- b641$L1 O~Qb s, except
with the informed consent of each such human subject and in accordance
with the guidelines of the National Commission for the Protection of
Human 'Subjects for Biomedical and Behavorial Research.
(h) Operation of a proprietary company on a commercially
competitive basis- with United States businesses except to the minimum,
extent necessary to establish commercial credibility` No investments -Y`,"Vi'``i
L~~'i2C
by a proprietary company shall.be made on the basis of any substantive
intelligence not available to the public.
(1) Collection, evaluation, correlation or analysis, of infor-
mation other than information from public sources or given voluntarily
by its subject concerning the domestic ' acitvities of United States citizens
except:
(1) Information about a United States citizen who inF-eod--'
his reasonably believed to be involved in international terrorist or
narcotics acitvities or working 4n collaboration with a foreign nation or
but only if the information is collected abroad or from
foreign sources in the United States in the course. of an authorized foreign
intelligence or foreign counterintelligence activity.
(2) Information related to the performance of agency
contractors, for purposes of contract administration.
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(3) Information concerning criminal activities received
through incidental reception, provided it is only transmitted to law"
enforcement agencies with appropriate jurisdiction,.p
'SECTION III. Any federal agency seeking foreign intelligence within.
the United States from United States citizens shall, disclose to such
citizens its true identity.' When collection of foreign intelligence
within the United States results in the incidental reception, of infor ;.ation
from unknowing United .States citizens, however, _the receiving agency
shall be-permitted to make appropriate use of such. information
SECTION IV. No information on the domestic activities of United States
citizens shall be transmitted to a foreign intelligence- agency (or to any _
other federal agency to aid it in engaging in foreign intelligence or
foreign counterintelligence) from any other federal agency unless;
(a) The information. had been lawfully compiled by the
transmitting agency in furtherance of its authorized mission;
(b) The information is of a type which the receiving agency
would itself have been'perxnitted to collect under the provisions -of this
order;
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6
(c) The information is provided in furtherance of the authorized
mission and responsibilities of the receiving agency;
(d) The information is provided in good faith under a.
reasonable belief that the information is relevant to the receivin:
agency; and
(e) The information is provided under guidelines and
procedures issued by the Attorney.Gene ral designed to ensure the
protection of the constitutional and statutory rights of United S.t tes
SECTION V. Nothing in this Order prohibits an agency from retaining
information when retention is required by law, such as retention required .
to preserve evidence or other information for possible court action.
SECTION VI. No foreign intelligence agency shall:
(a) Provide services, equipment, personnel or facilities
to the Law Enforcement Assistance Adm.iziastratiors or state or local
police organizations of the United States except as expressly authorized
by law; .or
(b) Participate in or fund any law enforcement activity within
the United States except as may be authorized by law.
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 the personnel and facilities of the foreign intelligence agency or
preventing espionage or other criminal activity related to foreign
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Provided, that this prohibition shall not preclude.
(1) Cooperation between a foreign intelligence agency
and appropriate law enforcement agencies for the purpose of protecting
intelligence or foreign counterintelligence, or
SECTION VII. Foreign intelligence agency personnel may not be detailed
Cc ns~s1-e ~v~
elsewhere within the Federal government except as - z-ed law.
Employees 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 host agency. The head of the host agency and any
subsequent successor shall be informed of the detailee's association
knowledge for use by any other Federal department or agency.
(2) Provision of specialized equipment or technical
with. the. parent agency.
SECTION VIII. Nothing in this Order shall prohibit any agency having
Bureau of Investigation.
law enforcement responsibilities ?rom.'dischar ing such responsibilities
pursuant to law. Nor shall this Order apply to any activities of the Federal
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SECTION Imo. Nothing in this Order shall prohibit any agency from
engaging in the collection,. evaluation, correlation and analysis of
information on current or. former employees (including military personnel -
and employees of other Federal departments or -a(-encies detailed for service
with the foreign, intelligence agency); applicants for employment with. such
agency; voluntary sources or contacts or individuals-who in good faith
are reasonably believed to be potential sources or contacts; current encl.
former contractors and current or former employees or appl,icarxts.for
employment by such contractors; and all per, sons not included above who xrals
be given access to classified information which could disclose foreign
intelligence or foreign counterintelligence sources and methods; provided,.
however, that collection of such information is done only in accordance
with law and by written authority from the head- of such agency to determent
the fitness of such persons to become or remain associated With such.
agency or to have such access, or in the case of a former
employee to
investigate matters related to his period of employment, or in the case
sou ce o
-___,
a ontaC t, -co determine suitability or credibilityR
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EXECUTIVE ORDER IMPOSING RESTRICTION
ON FOREIGN INTELLIGENCE ACTIVITIES
Today the, President issued an.executive order setting forth
agencies and oth r-agencies which may engage in intelligence
activities ItAseverely restricts the following activities,-
activities of United States citizens and permanent resident
Collection and analysis. of information on the domestic - ?
aliens.
citizens and permanent resident aliens within-the United States
Physical or electronic surveillance of United States
Opening of United States mail in. violation of law:.
:Illegally obtaining federal income tax returns or
-.?Iniltration of domestic groups for the purpose o
reporting on them.
-Experimentation with. drugs on humans without the.
subject's informed consent.
-- Operation of a proprietary company -which- competes with
United States businesses more than the. minimua-n amount necessary
to establish commercial, credibility. or -1-z: ct?kn-,r-\ ins a~~(L
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certain.restrictions on the activities of foreign intelligence
 -- Collection of intelligence from United States citizens
af-RRPZZi Izr 4~?l gp-gtates without
.disclosing the true identity-of the collecting agency.
Sharing among agencies information on the domestic
activities of United states citizens or permanent resident
aliens except in compliance with stringent safeguards.
Providing assistance to law-enforcement agencies in.
violation of law.
Certain limited exceptions are included to the general- pro
-hibition of -collection of information on the domestic
activities of United States. citizens. " These exception seek
to recognize: all legitimate needs of foreign inteil.i5ence
agencies to collect information on the domestic activities'-
of United States citizens.
In order to protect classified information, intelligence
is for employment-
and employees. Like any Government-agency, these agencies.
must also check out employee backgrounds to ascertain theit
job suitability. Even after a person has left an intelligence
agency, it has a legitimate-need to.maintain its records on
that `person should a security breach stem- ing from his employment
occur. Similarly, each intelligence agency has an interest* z,n.
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 -the
~3F~o Ie 20 1~0 1 YCI -KDPT~~I O~Is44KD0 Or8~ 3=5 o
contract with it or are employees of its contractors workir_
on its projects and requiring access:to classified information.
Each intelligence agency must also maintain records on persons
who, without necessarily being employed by it,. are given: access
to its classified information. Such persons would include.
employees ' of other Government agencies who require access to
its classified information and private citizens who- voluntarily-
agree to be. cleared to receive classified inforrtati:on in. order
to aid. in their voluntary reporting of foreign intelligence
information to the agency.
Foreign intelligence .agencies or other foreign groups spend
many resources seeking to penetrate (i,.e., obtain information
from) United States intelligence agencies.* The United States
agencies need to protect themselves from such activities.
Such activities may involve domestic activities of United
States citizens. Because United States intelligence agencies
have a need to understand the operating modes of foreign
intelligence agencies, there is a legitimate need for it to
collect and use such information. However, the intelligence
agencies are permitted to collect this type of information
swQ *e
only abroad or from-foreign s-. = i^es, since the FBI is fully
capable of collecting such information from purer domestic
sources. Also, because of the unique contacts. of. our foreign
intelligence agencies with information sources abroad and
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 foreign sources within the United States, these agencies
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are also permitted to collect, but only Erma t~ese special
sources, information on United States citizens reasonably
believed to be involved in international terrorist or
narcotics activities
In normal day--to-day'bus iness, many Americans work with
intelligence agenciesand tell its employees about their
domestic activities;.i.e., other Government employees meet
with intelligence agency employees; academics share informa-
tion' with them; Americans' who travel talk to thecae In order
to allow these agencies to maintain records of such day-to-day-
transactions', the order makes an appropriate?exception...
Americans who enter into such contact with intelligence
agencies, however, should not therefore be subjected to
secruity investigations or other scrutiny merely because. they
came into contact with an employee of an. intelligence agency.
Therefore, this exception only allows use of that information
voluntarily supplied by the persons-themselves.
The order requires that the information collected or stored
under these exceptions be confined to a type appropriate to the
purpose for which the correspondoing exception was created.
For example, an agency may not collect or store information on.
the political views of a,. United States citizen merely because
he is a contractor employee working on an agency project.
The order also allows intelligence agencies to transmit to
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 law-enforcement agencies information relating to criminal
"dome@~Itrx+oves 20/~1~1t3 I~e?IIIO~DS06496-5' t happens
to obtain incidentally to its proper foreign intelligence
activities. All citizens and Government agencies have an
obligation to turn information related to criminal activity
over to appropriate' authorities..
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