H.R. 8152- AMENDMENT TO TITLE 1 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP80B01495R000400050031-2
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
6
Document Creation Date: 
December 19, 2016
Document Release Date: 
November 16, 2005
Sequence Number: 
31
Case Number: 
Publication Date: 
July 30, 1973
Content Type: 
MF
File: 
AttachmentSize
PDF icon CIA-RDP80B01495R000400050031-2.pdf264.67 KB
Body: 
Approved Release 2006/02/01 : CIA-RDP80B0QQ4 0fVPP 1-2 30 July 1973 MEMORANDUM FOR: Mr. W. E. Colby H. R. 8152 - Amendment to Title I of the Omnibus Crime Control and Safe Streets Act of'1968 1. The subject bill is a basic restatement of the authorities of the Law Enforcement Assistance Administration. On the floor of the House on 18 June 1973, Miss Holtzman offered an amendment which the House then accepted. The amendment is the underlined portion of section 508 quoted below: The Administration is authorized, on a reimbursable basis when appropriate, to use the available services, equipment, personnel, and facilities of the Department of Justice and of other civilian or military agencies and instru- mentalities of the Federal Government, not including the Central Intelligence Agency, and to cooperate with the Department of Justice and such other agencies and instrumentalities in the establishment and use of services, equipment, personnel, and facilities of the Administration. 2. The Senate, on 28 June 1973, was considering a Senate version of the subject bill. Senator Kennedy offered a similar amendment which was adopted. The House and Senate versions are now in conference but with similar amendments. Undoubtedly, section 508 will be approved as amended. Approved For Release 2006/02/0.1 : CIA-RDP80BO1495R000400050031-2 Approved For Release 2006/02/01 : CIA-RDP806W495R000400050031-2 3. The effect of the amendment is to deny the Law Enforce-services, ment Assistance Adm:~n !straof1therCentQal slnte ligence Agency- equipment, personnel and facilities It Would also appear to deny the LawithnthecCentral ntelligence Agency stration the authority to cooperate ui ment, personnel and in the establishment and use of services, eq P facilities of the Law Enforcement Assistance Administration. 4. In the past the Agency has been of assistance to the Law Enforcement Assistance Administration in a number of differing Ways, e future all requests from fro-ministration will necessarily e Enforcement ssistanc the Law have to be examined closely in vtechniques m which the Agency develops eats. If there are devices or in the future which Would appear to bcvould seem possible hat Eheorcer of inerest to the Law ment Assistance Administration, Agency could either offer such equipment or knowledge to the Department of justice or the Federal Bureau of Investigation. 5. Beyond the strict legal effect of these amend m man #es when they become law is the practical aspect that they tion of a growing opinion among members of Congress that the Agency should not be assisting any law-enforcement agencies be they Federal, State or Municipal. These sentiments are furth useer evidenced by the Proxmire bill, Koch bill, H. R companion 8432, and bill (Harrington, H. R. 8592), the others. Thus, it would seem that the Agency should be most careful in its relations with all law-enforcement agencies. Such ee one2 July ~7~ion a policy crould be consistent with Services testirnony'in hearings before Senate Armed It is also consistent with..the foron Government pperationp on inn to the Chairman of the Committee 1 March 1973. He stated in that letter being undertaken and that he Congressional Record) a review coa such activities in the future would be undertaken only in the most compelling circumstances and with the Director's personal approval. Approved For Release 2006/02/01 : CIA-RDP80BO1495R000400050031-2 Approv%or Release 2006/02/01 : CIA-RDP80gQ, 495R000400050031-2 6. Any assistance that we render in the future should be in accord with law or specifically authorized by law such as assistance to the Secret Service in fulfillment of their responsi- bilities for the protection of the President and other designated officials. Under that law, which was approved in 1968, a require- ment was placed on all Federal agencies to assist the Secret Service in the performance of its protective responsibilities when so requested by its director. We should avoid actions with all law-enforcement agencies which can be misconstrued as involving the Agency in prohibited law-enforcement or internal security functions. I would. think the planned case-by-case review is the best method of determining the propriety of each situation. cc: Legislative Counsel Director of Security IG 8/6/73 ADDO 8/6/73 DD:[ 8/6/73 DDM&S 8/6/73 DDS&T 8/6/73 )H N b.1 w AR 1 g Ge,rieral Counsel Approved For Release 2006/02/01 : CIA-RDP80B01495R000400050031-2 Approved For Release 2006/02/01 : CIA-RDP80 W49 46605n031.2 Ted Barreaux of SEC called with following message -- "The meeting you arranged between the SEC and Houston went very, very well and we sincerely appreciate every- thing you did. Will call you later in the week to discuss the possibility of a meeting between G. Bradford Cook, Chairman of the SEC, and Mr. Schlesinger. It tb/10 Apr Approved For Release 2006/02/01 : CIA-RDP80BO1495R000400050031-2 ApprovWor Release 2006/02/01 : CIA-RDP80W495 000400050031-2 SENDER. WILL CHECK CLASSIFICATION TOP AND BOTTOM I' U ICI ASSIiFIEI3 CONFIDENTIAL SECRET OFFICIAL ROUTING SLIP TO NAME AND ADDRESS DATE INITIALS Deputy Director for In n ce 2 3 4 5 ACTION DIRECT REPLY PREPARE REPLY APPROVAL DISPATCH RECOMMENDATION COMMENT FILE RETURN CONCURRENCE INFORMATION SIGNATURE Remarks: Attached is our memorandum to Mr. Colby dealing with the amendments to the basic law which establishes the charter for the Law Enforcement Assistance Administration (LEAA). It, in effect, prohibits direct assistance to LEAA by the Agency. As you will see our memorandum suggests extreme caution in dealing with law enforcement agency. Per Mr. Colby's note, this should be incorporated into the proposed proce~7>rea relating to relationships with all other overnmental FOLD HERE TO RETU E14DLLR FROM: NAME, A'OORE55 AND P'H DATE Acting General Counsel 7D01 Hq s 8/6/73 UNCLASSIFIED C(INFIDENIIAL SECRET Approved For Release 2006/02/01 : CIA-RDP80BO1495R000400050031-2 Approver Release 2006/02/01 : CIA-RDP80BQ'95R000400050031-2 f cNDE? WILL CHECK{ CLASSIFICATION TCP AND BOTTOM ~~ fClLaSS~.FIEL+ Ct7i~ TDEi'+T~~L I-`~ SECRET OFFICIAL R'ROUTING -SLIP TO NAM'c,AND ADDRESS TE IN ITIALS I il Mr. W. E. Colby 7 e8 [7 3 4 6 ACTION DIRECT REPLY PREPARE REPLY APPROVAL DISPATCH RECOMMENDATION COMMENT FILE RETURN CONCURRENCE INFORMATION SIGNATURE t rcJ~ ~s~ (7:1 `Q L L/`sC /l 13 ell xr~ D D, i/~ FOLD HERE TO RETURN TO SENDER FROM: NAME. A!DRESS AND PHONE NO. - DATE OGC 7 D 01 Hqs T - 7/3 2/73 UNCLASSIFIED CO'vFIDEN`i'I,1L SEC:RRET fURAI M0. 237 Use previous editions 3-67 237 Approved For Release 2006/02/01 : CIA-RDP80BO1495R000400050031-2