BACK-UP FOR 1977 TASK FORCE REPORT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R001900050023-2
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 7
• Document Creation Date: December 15, 2016
• Document Release Date: August 6, 2004
• Sequence Number: 23
• Publication Date: March 31, 1978
• Content Type: MF

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31 March 1978 1OLC`7
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MEMORANDUM FOR: Office of the Legislative Counsel
ATTENTION
FROM : S. D. Breckinridge
Deputy Inspector General
SUBJECT : Back-Up for 1977 Task Force Report
1. Following our conversation this morning I checked this
Office's files in connection with the 1977 Task Force project.
We have approximately a foot and a half of files that we accrued
during the period that the project was underway. Much of this
consists of papers reflecting research, reports from the field
in connection with the inquiry in 1963 and 1964, photographs and
other miscellaneous papers. Some of the paper represents copies
of queries from and responses to the HSCA during Mr. Sprague's
participation. Some of it is related to special studies that
came up during the course of the search, most of which is re-
flected in Tab G of the Task Force report. Some of the material
consists of selected documents and materials that were used be-
cause they bore directly on issues being addressed. Practically
.all of this will be contained in the original files in CI Staff
and LA Division of the Directorate of Operations and in the
Office of Security of the Directorate of Administration.
2. As you aware, we consider that the substantive infor-
mation held in this office, whether as the result of our inquiries
or in copies of original documents, continues to be the responsi-
bility of the components from which it was obtained; we do not make
unilateral decisions about how it shall be reviewed or released
to outsiders. If you wish to consider showing this material to
HSCA investigators, we feel that we would have to consult first
with appropriate DDO and DDA authorities.
D. rec inri ge
X1 cc: SA/DDO,Attn~
0/Security,
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1. For clarity and economy of language, this Title should
address directly the specific limitations and prohibitions on
intelligence activities necessary to protect the rights of U.S.
citizens. Stating such limitations in the form of authorities, as
this title does, not only creates ambiguity as to what is illegal,
but leads personnel to conclude that activities not specifically
authorized by this title are illegal when such may not be the case.
In many of these instances, it is-probably not possible to state
all of the conditions under which many Qf these activities may be
justified and it should be far. easier and clearer tQ describe
limitations on prohibitions.
2. Throughout these procedures, the Attorney General is
made responsible for the approval of regulations and activities
in a management context beyond the scope of determining questions
of law and would appear to be given authority for the approval or
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29 March 1978
MEMORANDUM FOR:
FROM
.Office of General Counsel
Office of the Inspector General
SUBJECT . : S2525, Title II Issues
REFERENCE OGC 78-1620, 15 March 1978
The following are general comments on Title II of S2525 and
specific comments on the issues identified in reference.
A. General Comments on Title II:
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disapproval of activities for which he has no legal. responsibility.
3. This title provides limitations on intelligence. collection
on foreign persons in the U.S. similar to those'afforded U.S.
persons. Foreign persons should not be given statutory protection
His role should be limited to that of legal advisor.
from otherwise lawful intelligence activities,. but should be
considered as "U.S. Persons".if they qualify for that status.
4: We had understood that the Congressional Oversight
on Intelligence Activities" should serve as a model for both Titles
12036. If this is the case, then Section 2 of E.O.. 12036, Restrictions
.committees had agreed with or concurred in the language of E.O.
II and III.
5. I am concerned that, in responding to. the OGC request
"issues" as such but proposes such detailed modifications to the
for comments on "issues", the OGC paper does not discuss significant
the more basic flaws described above. I am not persuaded that
language in Title II as would make Title II acceptable and ignores
are numbered to correspond to the paragraphs in the OGC paper.
B. Specific Comments on the "Issues" in OGC 78-1592: These comments
"fixing up" Title II is the best approach.
4. Your proposed Section 203(3) should replace the present
8/9. For the reasons stated above, we should not define
"foreign organization or foreign person". Anyone not a "U.S. Person"
is automatically a foreign person.
Section 203(2), (3), and (4).
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13. Section 205(a)(2)*should be deleted:.'The Attorney'General's
responsibilities in this regard are adequately covered in (a)(1).
15. Proposed addition is already in Sections 231-233*.
20/22. Here and throughout this title, the use of the term
"initiate" when used with "collection" should be replaced by "conduct".
.28. Time limits should apply only to "intrusive techniques"
(i.e. electronic or surreptitious surveillance, mail opening, or
unconsented physical search) and only to U.S. Persons.
33. Section 218 should be combined with Section 213 and the
time limits removed. CI activities of the kind described here usually
. continue for long periods of time and it is not appropriate, in many
cases, to inform the person concerned of U.S: interest
34. Sections 219(2) and (3) should be deleted.in their
entirety as either redundant with (1) in unnecessarily. limiting as
.to the method of collection. The Section should.also apply to
counterintelligence and counterterrorist inteli.igence.
35. Section 220 should be combined with Sections 213 and 218
and the time limits removed.
36. The time period and source limitations should be removed
37. The source limitation should be removed. Other sources and
collection techniques may be appropriate.
38. Section 225 should be deleted as inappropriate to this
as not appropriate to this.
title for the reasons stated above. As written, it has major
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persons.- The proposed change would exempt non-Intelligence Community
omissions in proper authorities to collect information on foreign
. personnel from its provisions.
39/40.. Section 231(a)(6) is not necessary and should be deleted.
Its authorities are adequately covered by other sections.
42. The proposed addition should not permit the processing,
:.applies to the proposed addition to Section 232(c).
retention, or dissemination of.information merely because the
would be..subject to great misunderstanding and possible misapplication.
integrity of data bases or that it is raw data. Such a prescription
Attorney General approves, because the information preserves the
44.. Section 242'should read:
No person acting on behalf of any entity of the
Intelligence Community may disseminate, anonymously
of such person, or for the purpose of discrediting such
such dissemination poses a risk to the physical safety'
United States Person without such person's consent if
or under a false identity, information. concerning any
person because of such person's exercise of rights
protected by the Constitution and laws of the United
the U.S. and there should certainly be no statute.that authorizes
no need to write another statute that tells us to obey the laws of
45. Section 243 'should be deleted in its entirety. There is
States.
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us to violate U.S. law with an Attorney-General`sapproval.
47.- The reference to ""checks'"-on "spouses or intended
spouses" should be deleted. Any such authority should be an
integral part of the authority to make security investigations
on applicants and employees.
C. Other Title II Issues:
for lawful collection of information on U.S. Persons in connection
with lawful and approved "special activities".
1. Section 211(a) and other parts of Title II does not allow
2. Section 212(l)(13) refers to "use of particular techniques
of collection". This is too vague and should be deleted.
involve a violation of the criminal laws of the United States..."
3. Section 213(1) limits collection to cases where "espionage
or other clandestine intelligence activity which involves or may
This would seem to preclude collection against activities which are
technically lawful, but are still intelligence activities directed
against the United States. This seems to be an unnecessary
limitation.
4. Sections 213, 214, 218, and 220 could be combined and made
consistent with respect to standards and procedures.- The standard
of "signifi.cance"'applied in Section 214 should be deleted as
unnecessary and inconsistent with the other sections.
5. In Section 214(3), "in an offical capacity for" should be
replaced by "on behalf of..." In Section 214(4), "abroad" should
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be deleted and "or counterintelligence" added at the endW the
sentence.
6. In Section 25, it is not clear why the authority of a
Service Secretary is not extended to the DCI, Secretary of State
orlSecretary of Defense.
.-7. Section 222(c) should include "classified information"
after "installation" and "intell.igence" before "sources and methods".
8. If Section 225 is retained, then "or acting on behalf"
should be added after."employee" in (1); "sabotage, international
terrorist activities, or assassination" should be added at the end
of (2); and "counterintelligence or counterterrorist intelligence"
at the end of (3).
9. In Section 244(b), after "foreign persons", replace "and"
with "or". In Section 244(c) the last sentence should be deleted.
Collection of nonpublicly available information should be permitted
for foreign intelligence or counterintelligence purposes not
necessarily on behalf of the FBI.
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