'CONSENT' AS IT IS APPLICABLE TO THE PROCEDURES FOR SECTION 2-208 OF E.O. 12036 (U)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83B00823R000800110001-7
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 3
• Document Creation Date: December 12, 2016
• Document Release Date: September 19, 2001
• Sequence Number: 1
• Publication Date: August 24, 1979
• Content Type: MF

Approved F Release 2002/01~EGRZ;P83B00?.23R00080
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OGC HAS REVIEWE
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2 4 AUG 1079
MEMORANDUM FOR: General Counsel
FROM: Robert W. Gambino
Director of Security
SUBJECT: "Consent+" as it is Applicable to the
Procedures for Section 2-208 of
E.O. 12036 (U)
REFERENCE: Memo dtd 20 Aug 79 to
Plans Group, OS, from
same Subject (U)
25X1A
1. With respect to the deletion of the phrase "either
directly or indirectly" from subpart (4) of paragraph 20,
page 16 of the Procedures for implementing Section 2-208 of
Executive Order 12036, the assertion in reference that we
would still have the authority to conduct an investigation of
a subject who had given consent to the contractor only, not
to the Agency or any Agency employee, is, while comforting,
rather surprising. It seems to me that if the Department of
Justice officials insisted on deletion of the above-mentioned
phrase, their reason would have been precisely to preclude
any "indirect" charter. The language in the subpart "regard-
less of the subject's knowledge of the employee's Agency
affiliation" leads to the result of indirect authorization
(or direct) only if the subject had contact with that Agency
employee. But what if there was no such contact whatsoever? (S)
2. 1 believe it is imperative that you should know that
the Office of Security is at the present time conducting just
such indirectly authorized investigations. That is to say, the
subjects do not have any knowledge that the government, least
of all the Agency, is involved in any way. They were informed
by a witting official of their company that an investigation of
DERIVATIVE CL BY 022197
REVIEW ON 22AIJG99
DERIVED FROM A9c (3.15)
8"R 119-0073/15A
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their general character and suitability would be conducted by
25X1A a commercial investigative entity and either expressly consented
or voiced no objection They are, in
fact, being investigate my lice of Security investigators
using commercial cover. (S)
3. I am putting this in black and white because I am
disturbed about the deletion of the indirect authorization.
The previous language would have left no doubt. In fact, it
25X1A went hand in glove with the cited The
ability of this Office to conduct such indirect inquiries is
vital, an indispensable intelligence method. I believe that
it is inappropriate to have settled for language which leaves
us open to litigation and charges of exceeding our authoriza-
tion. I regret that the deletion escaped our attention in
the last, hurried review. (S)
25X1A 4. This Office will continue to conduct invest' ations
described in paragraph 2 above on the basis of and the
o inion expressed in reference. However, I urge you to review
this matter to determine the feasibility of amending the cited
Procedures or, at the very least, obtaining a written approval
from the Department of Justice of our indirectly authorized
investigations as described above. (S)
Robert W. Gambino
Attachment
Reference
Distribution:
0 Ads e
o?'- OS/Reg
1 - PPG Chrono
1 - D/Sec
OS/ADD/PEM/ :ba(22Aug79)
Approved For Release 2002/01DP83B00823R000800110001-7
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ROUTING AND RECORD SHEET
SUBJECT: (Optional)
Acting DD/P&M
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building)
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/f /each . .mac u c ~ `1
OAFICER'S COMMENTS (Number each comment to sh w from whom
it,IITIALS to whom. Draw a line across column after each comment.)
25X1A
Attached is OGC memo on
situation and a
proposed reply.
wnrilutnl lAL Li UsE` ONLY ^ UACLASSIFIED