ANALYSIS OF THE 15 OCTOBER VERSION OF THE PROPOSED EXECUTIVE ORDER ON FOREIGN INTELLIGENCE ACTIVITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78B02992A000100070018-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 20, 2016
• Document Release Date: April 7, 2006
• Sequence Number: 18
• Publication Date: October 20, 1975
• Content Type: MF

Approved For Release 2006/05/24: CIA-RDP78
20 October 1975
MEMORANDUM FOR: Deputy Director for Administration
SUBJECT: Analysis of the 15 October Version of the
Proposed Executive Order on Foreign
Intelligence Activities
1. The 15 October version of the proposed Executive
order establishing restrictions on foreign intelligence
activities includes a new preamble (based on the last section
of the previous version of the order), rearranges a number
of the provisions of the previous version, deletes the two
provisions under which electronic surveillance equipment may
be tested in the United States without the consent of the
person monitored, deletes other scattered phrases, includes
a few new phrases, and replaces the definition for the
"United States" with a definition for "United States citi-
zens." The most crucial and far-reaching change may be the
inclusion of this definition of a United States citizen,
depending on how the definition is interpreted.
2. For ease of comparison, red. ink interlineations
and marginal notations have been made on the 15 October
version (Tab A) to show the changes from, the preceding
version as forwarded by the Agency to the White House (Tab B).
3. A section-by-section comparison of the 15 October
draft with the previous draft follows:
Preamble - New, but incorporates the last section
(Section 6) of the previous draft.
Section 1 - Definitions
(a) Deletes the word "processing" from the definition
of "collection."
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Deletes definition of United States. (formerly (b))
(b) Domestic Activities no change (formerly (c))
(c) Foreign Intelligence - no change (formerly (d))
(d) United States citizens - new and defined to include
"'and other persons who have been accorded the
legal rights of United States citizens." If "the
legal rights" is interpreted as all legal rights,
it would be synonymous with U.S. citizens and
superfluous. This interpretation would not affect
the basic mission of CIA and the resident alien,
who may be excluded by the definition, would still
enjoy his Constitutional rights which could not be
infringed upon with or without the Executive
order. If, on the other hand, "the legal rights"
means some legal rights, then every person within
the sovereign jurisdiction of the United States
presumably would be covered, including foreign
nationals visiting the United States, assigned to
foreign missions in the United States, working in
the United States, or touring the United States.
Since treaties extend legal rights to both persons
and corporations, even they might be covered by
the provisions of the Executive order.
This latter interpretation would impact on
such provisions of the Executive order as that
requiring an agency to disclose its identity
when seeking intelligence from "United States
citizens,," restricting physical surveillance of
"United States citizens," limiting the solicita-
tion of foreign intelligence information from
"United States citizens" only on a witting and
voluntary basis, and soon.
The fact that the Executive order recognizes
a category identified as "foreign nationals"
in the United States argues against such a broad
interpretation but the matter is so critical that
I believe clarification is essential.
(e) Foreign counterintelligence isredefined_in more
direct, active, and broader terms.
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(f) Subparagraph (f) of the previous version defined
"infiltration." (This now has been incorporated
in Section II(g).) "Incidental reception,"
formerly subparagraph (g), becomes subparagraph
(f), but it is defined in more abbreviated terms
with no change in meaning.
(g) Definition of "foreign intelligence agency" (formerly
paragraph (h)) includes a clarifying phrase
relating to a U.S. Government department or
agency but with no change in meaning.
Section II
(a) No change
(1) No change
(2) No change
(i) No substantial change but includes military
personnel and eliminates phrase "actual or immi-
nent" as relating to voluntary sources. This
version reverts to the language of the earlier
version with respect to persons who must be given
access to classified information rather than our
suggested language of persons who "require"
access. This change in language does not appear
critical. The deletion of the last phrase of
this subparagraph "or otherwise to the extent
the head of the Agency deems . . ." also does
not appear critical.
(ii) The focus of the previous version was on informa-
tion from or about a United States citizen collected
abroad or from foreign sources. The focus of this
version is on information about a United States
citizen "reasonably believed to be involved in
(certain specific activities)." This change in
focus would seem to have no detrimental impact on
the Agency mission.
(iii)The ramifications of deleting the phrase "from
persons who are not United States citizens" and,
substituting four words requires consideration.
(iv) The addition of "most" to "departments and agencies"
is no real change.
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(v) This new paragraph permits the Agency to continue
to receive information from other government
agencies but only under guidelines and procedures
issued by the Attorney General. If this includes
information received, for example, from the
Agricultural Department on the domestic grain
crop, the requirement to adhere to guidelines and
.procedures issued by the Attorney General may be
too restrictive.
(3)
The rearrangement of the sentence involves no
change.
(b) The physical surveillance provisions are relocated
from former paragraph (j). The term surveillance
of ;persons within the United States is replaced by
surveillance of United States citizens (again the
interpretation of United States citizens is
critical); reference to surveillance and coordi-
nation with the FBI is deleted and the provisions
formerly spelled out in three subparagraphs have
been consolidated into two.
Formerly subparagraph (b). The restriction now
applies to "electronic surveillance" rather than
"electronic interception of wire or oral communi-
cation" and provides that electronic surveillance
be conducted "under procedures" approved by the
Attorney General. The ramifications of this
change need to be considered. Surveillance
connotes a planned purposeful activity which would
exclude incidental intercepts.
(d) Testing of electronic surveillance equipment
(formerly subparagraph (c)) is much more restrictive
since exceptions for testing without the consent
of the persons monitored have been deleted, and
even though when done in accordance with law, a
provision has been added requiring that such
testing be "under procedures approved by the
Attorney General."
(e)
Formerly paragraph (d). The addition of the
phrase "United States mail" appears to make
this paragraph less restrictive, but.also requires_
an interpretation of "United States mail."
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(f)
(g)
Formerly paragraph (i). Access to federal income
tax returns. No change.
Infiltration of organizations of United States
citizens (formerly covered in the definitions
Section I, and in Section II, paragraph (f)).
No change if "United States citizens" does not
include foreign nationals.
(h) Formerly paragraph (g). No
(i) Formerly paragraph (k). No
Section III - Formerly paragraph
No substantial change.
Section IV
(a)
(b)
change.
change.
(4), Section II.
Formerly paragraph (h), Section
Formerly Section III. No change.
Section V - Formerly Section IV. No change.
Section VI - Formerly Section V. No change.
change.
Chief, Information Systems Analysis Staff
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