MEETING WITH SENATE SELECT COMMITTEE ON INTELLIGENCE ON LEGISLATION WHICH INHIBITS AGENCY ACTIVITIES IN COUNTER-TERRORIST FIELD

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000600330066-8
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 4
• Document Creation Date: December 19, 2016
• Document Release Date: November 28, 2006
• Sequence Number: 66
• Publication Date: May 12, 1978
• Content Type: MFR

Approved For Release 2006/1$f?RIT-RDP81 M00980R0006003300 1
MEMORANDUM FOR THE RECORD
12 May 1978
SUBJECT: Meeting with Senate Select Committee on .
Intelligence on Legislation Which Inhibits
Agency Activities in Counter-Terrorist Field
1. Four Senate Selec.t Committee on Intelligence (SSCI)
staffers have received several briefings on terrorism from
Area Divisions and PCS/ITG.as well as specific briefings of
terrorist activities in Cyprus and on the Red Brigades.
Mr. Stan Taylor, the senior SSCI staffer working on this
problem, stated that their objective is to modify the
proposed legislation in S.2525 as necessary to provide the
various government components seized with the terrorist
problem less inhibitive restrictions on their activities.
Mr. Taylor asked the Agency to identify the existing legis-
lation and regulations which place these inhibiting limita-
tions on our activities in the terrorist field. He added .
that they have already discussed this subject in great detail
with the FBI and that as a result they.now have a better under-
standing of why certain legislation, and proposed legislation,
is impractical from an op Prntional a dpo:int. As a result of 25X1
this request, we met with OLC, who then provided
to the SSCI those regulations/legislation which fit this
category. Subsequent to this ex'chhange, Mr. Taylor requested a
meeting with the Agency to discuss. these points and to obtain
a better understanding of the effect such legislation has. on
counter-terrorist operations. This meeting was held on 1.0 May
1978.
Participants at the meeting representin.g.the Agency
and the undersigned. Participating for the SSCI were
s a ers Stan Taylor, Pat Norton (the staff manager for S.2525,
Abe Shulsky, Tom Crowley, Keith Raffle and Catherine E'ssoyan.
The meeting lasted approximately two hours.
25X1
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3.' began the presentation by concen-
trating on t e ega pr lems related to activities in the
terrorist field. Briefly, he noted that E.O. 11905 and
E.O. 12036 permit. us to function in the FI and CI fields for
intelligence only.-7
stated that Section 660 of the Hughes-Ryan c
provided. too many restrictions and in order to reach a compro-
mise and to have it narrowed down., Mr. Colby (then DCI)
promised that in the terrorist field, we would only work with
liaison for our FI/CI purposes and would not undertake such
activities as those the Amendment was attempting to prevent.
were-discussed.
best entity to act on foreign domestic terrorism.
4. NE Division provided a paper, which is'attached,
written at the request of the SSCI of three sanitized cases
which pointed out difficulties which may be. encountered in
the counter-terrorism field. The points illustrated. therein
also suggested that the Committee review the
restraints on USAID since perhaps the State Department is the
5. There followed a wide ranging discussion of existing
or proposed restrictions which could affect the Agency's
operations in this field. Comments and questions of interest
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c. Does the Agency desire to take positive counter-
terrorist'action.in addition to the collection
of intelligence?. ?
d. What precise effects does Title II have on the
surveillance, etc. of U.S. persons abroad? A
redefinition of Title II and Section 243, Page 122
of S.2525 "No person acting on behalf-of the U.S.
Government" to tacitly omit agents, assets, etc.
by substituting "staff employee" or something
along those lines might help,
e. Recognized the problem of obtaining information
on U.S. persons overseas, that'some information
is necessary; what activities are permitted when
attempting to determine the identity of someone
who might be a U.S. person;;problems raised by
not being able to retain certain information on
U.S. persons in our files, etc,
f. Referencing Titlej.~I and the question of warrants
regarding surveillance of U.S. persons abroad,
many of the Senators do not like this restriction
and it.is.quite possible that is will not remain
in the final version of S.2525. (Additionally,
their talks with the FBI have given the staff
realistic insights into why this is not neces
sarily workable.)
6. It would appear that the SSCI and the staffers are
making a sincere effort to revise S.2525 in such a manner as
to permit the appropriate government agencies to carry out
their responsibilities in the counter-terrorist field while at
the same time protecting the rights of U.S. persons. However,
they are better able to comprehend now why certain restrictions
are unfeasible and are attempting to determine how best to
modify the legislation in a practical sense. Future meetings
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 Approved For Release 2006/11/28 r~81 M00980R000600330066-8,
with the SSCI staffers will be scheduled to continue discus-
sions on this subject.
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1 - OLC
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