RECENT LEGAL DEVELOPMENTS, OFFICE OF GENERAL COUNSEL, 11 OCTOBER 1979

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83-00156R000300020060-7
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 5
• Document Creation Date: December 15, 2016
• Document Release Date: October 22, 2003
• Sequence Number: 60
• Publication Date: October 11, 1979
• Content Type: REPORT

Approved Foilease 2004/03/IDP83-0015?00300020060- ,
12 OCT
1979
THIS PAPER CONTAINS ATTORNEY-CLIENT PRIVILEGED INFORM?IATION.
IT IS FOR THE INFORMATION OF THE DIRECTOR'S MORNING MEETING 25
PARTICIPANTS ONLY. IT MAY NOT BE CIRCULATED, DUPLICATED OR
RETAINED IN THE FILES OF RECIPIENTS AND SHOULD 1:1r vrmrTD"vn
TO OGC AFTER SERVING THIS INFORMATION PURPOSE.
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Settlement negotiations have begun on a class action
complaint brought against NFAC on the grounds of sex and age
discrimination that could have far-reaching implications on
Agency personnel practices. The complaint alleges a continuous
pattern of discrimination against women working in NFAC and
seeks redress in terms of enhanced training, job opportunities,
travel, pay, and the establishment of specific hiring goals.
While the Agency has not conceded that any discrimination
has occurred, either against the plaintiff or the class
(women), NFAC and OGC are working together to see if this
matter can be brought to a satisfactory conclusion at this
stage of the proceedings.
FOREIGN INTEREST AND CONCERN OVER FOIA
X1
OGC briefed a representative of 25
periodic briefings of visitors F
1 25
services, many of whom have expressed concern over the _c
and are seeking reassurance that information they provide can be
protected in the judicial process. Almost all the services have
come to these briefings concerned with the ability of the Agency
to protect their information but have left them generally
reassured as to our abilit to date to do so. Some of our
F I remain 25
last week on the Freedom of Intormation Act and its
impact on this Agency. This is the latest in a series of
-
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concerned over the possible impact of disclosure laws on
their information and retain a keen interest in the developing
case law in this area since they expect to be faced with
somewhat similar laws in their own countries.
COMPLETION OF MKULTRA-RELATED NOTIFICATION PROGRAM
The Agency has concluded its effort to notify all
persons who were unwitting subjects and may be suffering
long-term after-effects from Agency-supported behavioral
research programs. Our efforts to acquire additional information
regarding research conducted at institutions were largely
negative and no subjects of such research have been identified.
The SSCI and Senator Kennedy's Subcommittee on Health and
Scientific Research seem to agree that the Agency has done
all it can do in this regard. Some success was achieved
with regard to the activities of George White, the Federal
Bureau of Narcotics agent now made famous through television
and other publicity, who was given drugs by the Agency with
the understanding that he would report back whatever he
learned regarding their use. White's diary provided leads
to 15 possible test subjects, of which 10 have been located
and notified, two are deceased, and three cannot be located.
Watts Litigation
The Office of Personnel Management (OPN) continues to
investigate Roy F. Watts' claim for creditable federal
service for the period of time he was employed by a former
CIA proprietary company, Air America. It is the Agency's
position that service with Air America and other such
proprietaries is not creditable service for federal benefits,
including retirement. An adverse determination on this issue
by OPM would undercut the rationale upon which the Agency
establishes and manages its proprietaries. On 11 October
an OPM representative visited OGC to review files concerning
the formation and management of Air America.
FOIA Requests and Litigation - MIA's
The Departments of State and Defense and this Agency
are processing numerous requests under the Freedom of
Information Act from the families of servicemen missing in
action in Southeast Asia for information pertaining to
them. Several of these requests are currently in litigation,
and this Agency is a defendant in five of these lawsuits.
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Every effort is being made by all the agencies to release
as much information as possible, and the only information
being withheld by this Agency concerns the identification
of sources. The Departments of State and Defense have also
withheld information which would identify sources, citing
as their authority the DCI's statutory responsibility to
protect intelligence sources and methods. While OGC is of
the view that the DCI's authority in this area extends to
the protection of sources and methods of all agencies in
the Intelligence Community, the Department of Justice is
raising a question regarding the authority of other agencies
to invoke the National Security Act on the DCI's behalf.
For several years other agencies, particularly the National
Security Agency, have invoked the sources and methods provision
in the course of defending against disclosures under the FOIA.
This Agency has condoned this practice because the alternative
would be for the DCI or another senior CIA official personally
to make representations in other agencies' FOIA cases that
the information is properly protected by the National Security
Act. Since the Department of Justice now fears that other
agencies' authority in this area may be questioned in the
absence of a specific deletation of authority by the DCI,
we are formulating possible solutions to the problem,
including possibly issuing a DCI directive to delegate
such authority to senior officials in other agencies within
the Intelligence Community.
X1.
FOIA Request of Elias P. Demetracopoulos
Mr. Demetracopoulos is a Greek journalist who became a
permanent resident alien of the United States in 1967 and
has numerous contacts among members of Congress and the
journalist community. His FOIA request has sparked some
congressional interest, and OGC has briefed two staff members
of the SSCI concerning its status. The SSCI is investigating
Mr. Demetracopoulos' allegations, including one that the CIA
tried to harm him in December 1967. The SSCI staff is
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trying to finish its investigation, under way for some time,
of Mr. Demetracopoulos' allegations and at a meeting on
4 October with OGC and OLC asked several additional questions
which will require responses from the Directorate of Operations.
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