COMMENTS ON H. BR. 12039 - A BILL TO AMEND THE PRIVACY ACT OF 1974 (ORIGINATED/INTRODUCED BY REPRESENTATIVE ABZUG)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800070068-6
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 10
• Document Creation Date: December 12, 2016
• Document Release Date: November 23, 2001
• Sequence Number: 68
• Publication Date: April 5, 1976
• Content Type: MF

25X1A
^ UNCLASSIFIED INTERNAL IAL ^ SECRET
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
Comments on H.R. 1.2039 - A Bill to Amend the Privacy Act
of 1974 (Originated/Introduced by Representative Abzug)
FROM:
EXTENSION
NO.
Chief, Operations Staff
1052
DATE
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
1.
DDO 6AP
1975
---
AF'v
1. Info copy attached
2.
3.
Legislative Counsel
7D35
4. Attn:
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
USE 'PREVIOUS
EDITIONS
 Approved For Release 2002/01 Q : F aZ TtrSl4ROOO8OOO7OO686 DD/0211
7LC-7(0 t/o.7
5 APR 1976
25X1A
25X1A
MEMORANDUM FOR: Office of Legislative Counsel
ATTENTION:
FROM:
Chief, Operations Staff
VIA: Deputy Director for Operations
SUBJECT: Comments on H.R. 12039 - A Bill to Amend the
Privacy Act of 1974 (Originated/Introduced
by Representative Abzug)
1. We have reviewed the attached bill as it pertains to
those provisions which would require the Agency to inform each
person who was: (a) the subject of any mail surveillance
undertaken without a warrant or consent, and (b) the subject
of a file or named in an index in connection with Operation
CHAOS. Our comments are as follows:
2. With regard to those U.S. citizens and permanent
resident aliens whose mail was intercepted under Project
HTLINGUAL, we have determined that the volume of mail involved
is 215,820 letters intercepted and 2,705,206 letters covered
(unopened but envelopes photographed). We estimate that it
would require approximately 10 minutes to process each letter,
resulting in a total of about 487,000 manhours for such a
project. Further administrative handling of the notifications,
such as preparation of the form letters, could double this
processing time. Clearly this would represent a serious admin-
istrative burden.
3. Experience under the Freedom of Information and Pri-
vacy Acts indicates that a large percentage of the people whose
mail was intercepted no longer reside at the addresses shown
on the letters. It is questionable, therefore, whether a
notification program using the data available would be effec-
tive.
4. With regard to Operation CHAOS, we estimate that there
are about 200,000 names indexed into the CHAOS records system,
which is comprised of computer indices (HYDRA) and a microfilm
index (REX). We can identify these names in 7-10 working days;
Approved For Release 2002/01LOU1$A
i I d .48000800070 8- Y M 001701
 Approved For Release 2002/O4J utlAL 4R000800070068-6
25X1A
but because of the varying amounts of information available
concerning each name indexed, we would not be able to ascer-
tain positively the nationality of each person named. This
consideration, notwithstanding our best efforts to search the
CHAOS records system, would literally make it impossible for
the Agency to ensure 100 percent compliance with the notifi-
cation provision. There would be additional problems in
notifying the person indexed since it is unlikely that a
current address would be included for each person. in the
information held as there have been no new entries since 1973.
We have, however, identified the names of those U.S. citizens
who are the subjects of CHAOS personality files. Insofar as
these individuals are not already aware, through an FOIA or
Privacy Act request, that their names were indexed in CHAOS
indices, it would be possible for the Agency to provide them
notification of these records as proposed in H.R. 12039.
Again, the question of a current address for these persons
would be a problem.
5. Though stating the obvious, if the Agency's exemp-
tions are eliminated by H.R. 12039, we would be confronted
with a serious sources/methods compromise problem because of
the probability that the information concerning at least a
proportion of the names on the above mentioned list is sourced
to sensitive unilateral and/or jointly-run human assets or to
technical penetration operations.
q~ 2
Approved For Release 2002~u, / :F~I, E[ ill
 L_I UNLLM )I ri tory- Appkp fed Mease 2002/01/02 : CI
P -P
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
FROM:
Legislative Counsel
EXTENSION
NO.
7D35 HQ
6136
DATE
24 March 1976
TO: (Officer designation, room number, and
ildi
b
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
t
)
h
f
u
ng)
RECEIVED
FORWARDED
INITIALS
.
commen
ter eac
to whom. Draw a line across column a
1. DDO
7D 26 HQ
Representative Bella Abzug has
introduced H.R. 12039. This bill
would require every Agency to
2.
inform each person who was: (a) t
subject of any electronic or mail
surveillance or surreptitious entry
3.
warrant
without a
undertaken or
XA,
of a file
subject
(b) the
or named in an index in connection
4 .
with CHAOS; and (c) the subject of
a file or named in an index in
connection with COINTELPRO. The
bill would also eliminate CIA's
exemption . This bill was referred"
to the Government Operations
b.
Committee, and therefore Represent t
Abzug is in a position to expedite
We would like to
its consideration
.
7.
submit a report at the earliest possil l
date. We would like your office to
address that portion of the bill whicl
8.
would require the Agency to o
infrm
t
people who are subject to CHAOS, e
rovide this office with argu-
and to
p
9.
ments which can be used against
this provision in our report. We
preciate your comments by
would a
p
10.
Monday , April 5.
11.
12.
Office of Legislative Counsel
13.
3 l'e x..f~-,P
-cn^
~
g (0 c ~
14.
^-
~
O (It01~~~S
15.
Approved For
Release
2002/01
02 : CIA-
DP77M00144R000800070068-6
FORM
Aq
610 USE PREVIOUS n SECRET F-1 CONFIDENTIAL INTERNAL
EDITIONS USE ONLY
ivc.
e
UNCLASSIFIED
SECRET
M
T
rn
rn
Z
t'1
25X1A
 Approved For Release 2002/01/02 : CIA-RDP77M00144R000800070068-6
94TH CONGRESS
2n .S7ssioN
IN TITE HOUSE OF
T1I)PRES:I+)1~~'h~_~l'IVE
I~ EBRUA]z 2-1-, 197G
11Is. Arir-c introduced tho following bill; which was referred to the Con
iuittce on.Govern.inont Operations
To amend the Privacy Act of 1.974.
De it enacted by the Senate and House of Pepresenta-
tives of the United States of America in Congress assenibled,
3 That section 552a of title 5, United States Code, is
amended-
(1) by striking out slll)section (d) (2) (l)) (1)
6 and inserting in licit thereof the follo\vino':
7 '' (1) correct, expunge, ilpdil~e, or sllpl)lelllClit;
8 any portion thereof which the individual believes is
9 not accurate, relevant, legally lnaintiained, 61))0Y, or
70 complete; or";
7.1 (2) by striking; out "and" at the end of para"'rapll
12 (10) of subsection (e) , by striking out the period at
Approved For Release 2002/01/02 : CIA-RDP77M00144R000800070068-6
 Approved For Release 2002/01/02 CIA-RDP77M00144R000800070068-6
2
1 the end of paragraph (l a) of such subsection and insert,
2 ing in lieu thereof "; and", and by inserting immediately
3 thereafter the following new paragraph :
4 (12) inform each person who was-
5 " (A) the sender or receiver of any written
6 communication, or communication by wire, cable,
7 radio, or other means which was intercepted, re-
8 corded, or otherwise examined, by such agency, or
9 any officer or employee thereof, without a search
10 warrant, or without the consent of both the sender
11 and receiver; or the occupant, resident., or owner of
12 any premises or vehicle wvl,ich was the subject of
13 any search, physical intrusion, or other trespass, by
14 such ageney, or any officer or employee thereof,
15 without a search warrant, or without the consent; of
16 such person;
1.7 " (B) the subject of a file or named in an index
18 created, maintained, or disseminated by such
19 agency, or any officer or employee thereof, in con-
20 nectiori with an operation or program known as
21 CTIAOS, which operation or program is described
22 in the report, dated June 1975, to the President;
23 by the C'onnnission on CIA Activities Within the
24 United States;
A4roved For Release W12 A' II) K.Rt 7~~'00144ROMbiO 0 816x
 Approved For Release 2002/01/02 : CIA-PDP77M00144R000800070068-6
I created, maintained, or disseminated by such agency,
2 or any officer or employee thereof, in connection
3 with an operation or program known as "Counter-
4 intelligence Program" or "COINTELPRO", which
5 operation or prograin is described in the Statement
6 of Ron. William B. Saxbc, and the hearings of
7 Subcoininittee of the Rouse Judiciary Committee
S on November 20, 1974;
9 " (D) the subject of a file or named in an index
10 created, maintained, or disseminated by such agency,
11 or any officer or employee thereof, in connection
12 with an operation or program of the Internal :llev-
13 wine Service known as "The Special Service Stall",
14 which operation or program is described in the
15 Joint Committee on Internal Revenue Taxation
16 Committee Print entitled "Investigation of the Spe-
17 cial Service Staff of the Internal Revenue Service"
18 dated June 5, 1975;
19 that he, site, or it is or was such a person, provide each
20 such person with a clear and concise statement of such
21 person's rights under this section and section 552 of this
22 title, and provide each such person ~vitlt the option of
2 3 requiring that agency to destroy each copy of such file
24 or index in its posses.;ion.".
Approved For Release 2002/01/02 : CIA-RDP77M00144R000800070068-6
 Approved For Release 2002/01/02 : ~A-RDP77M00144R000800070068-6
1 (011) by striking out "(c) (6), (7), (9), (10),
aiiltl (11) " 'iii silhscction (j) and inserting ill. licit
1] d (12)'';
3 thereof "(c) ((1), (7), (()), (_[0), (.11), C I
4 (4) by striking ou( pau-ugr(aph (i) of such SUI)SCc-
5 tion; and
6 (5) 1i striking gilt har