S. 2525 - - PROPOSED INTELLIGENCE CHARTER LEGISLATION - TITLE II, SCC ISSUE PAPER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000700080009-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 16, 2016
• Document Release Date: July 18, 2005
• Sequence Number: 9
• Publication Date: November 27, 1978
• Content Type: MF

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27 November 1978
MEMORANDUM FOR: Deputy Director of Central Intelligence
I ssisfantGenera ounsel
STAT
SUBJECT 5.2525--Proposed Intelligence Charter
Legislation - Title II, SCC Issue
Paper
Attached, for your information, are copies of the
"finishing touches" to the SCC Issue Paper concerning Title
II which you received last week, and of a summary of the
position taken by Agency components as to the various issues
in that paper. Included in the attachments is an intro-
ductory statement to the Issue Paper, replacements for issue
statements II.l. and V.7., a set of the charter "principles"
referenced in the introductory statement as Tab A to the
Issue Paper, and a copy of the comments of the Senate Select STAT
Committee on Intelligence similarly referenced as Tab C.
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REPORT TO THE SCC
BY THE CHARTER LEGISLATION WORKING GROUP
Re: Title II of S. 2525
General Introduction
The declared purposes of Title II of S. 2525, as
drafted, are to provide statutory authorizations for intelli-
gence activities directed against U. S. persons or conducted
within the United States, to establish "comprehensive
statutory standards and procedures" for the conduct of such
activities, to define the role of the Attorney General in
this regard, and to provide remedies for persons whose
rights may be violated by such activities. Given these
purposes, and in order to more accurately assess the full
impact of the bill on intelligence activities, it was the
working group's view that all provisions in S. 2525 that are
in the nature of restrictions on intelligence activities,
wherever they appear, should be combined, and that restric-
tions which appeared to be related in nature should be
considered together, in Title II.
That view accounts for the fact that this report deals
with not only Title II of S. 2525 (Intelligence Activities
and Constitutional Rights) in its entirety, but also those
other portions of S. 2525 that have not previously been con-
sidered by the SCC, namely, (a) Part D of Title I (Procedures,
Restrictions and Prohibitions Relating to Intelligence
Collection Activities and Special Activities), and (b) Title
III (Foreign Intelligence Surveillance), except for Part B
(relating to electronic surveillance within the U. S.) that
has been omitted from consideration here in light of the
recent enactment of P.L. 95-511, the Foreign Intelligence
Surveillance Act of 1978. It also accounts for the fact
that the sequence of provisions in the working group revi-
sion of Title II does not match the sequence of provisions
in Title II as drafted.
This report consists of an issue paper, keyed to the
working group's reorganized version of Title II, and four
attachments. Attached at Tab A is a copy of the principles
approved by the President to guide the review of S. 2525; at
Tab B is the working group revision of the relevant provi-
sions of S. 2525; at Tab C is a copy of comments recently
furnished by the SSCI staff with respect to the working
group revision; and at Tab D is a copy of the relevant
provisions of S. 2525, including not just Title II but also
the relevant portions of Titles I and III.
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The working group revision at Tab B is not a consensus
document except in a very limited sense, and it does not
represent a working group recommendation to the SCC. [chile
each of the revision's departures from S. 2525 is favored by
at least some.....of the members of the working group, and while
all members of the group agree that S. 2525 is far too
detailed and restrictive and that the revision is preferable
in terms of its organization, no member favors the revision
in every respect. Indeed, some members believe that in many
respects the revision departs too far from S. 2525, other
members believe that in other respects it does not depart
far enough, and some argue that the basic form adopted in
the working group revision is not desirable.
In this latter regard, while the working group could
have discarded S. 2525 completely and started from scratch,
that approach was rejected for several reasons: first,
S. 2525, albeit overly detailed to the point of resembling a
tax code in its complexity, seemed to offer a workable
framework many of the essentials of which could be usefully
preserved; second, an approach that retained at least the
general contours of S. 2525 seemed to offer a better chance
of acceptance by the Congress, and third, proceeding through
the S. 2525 provisions seriatim, adding, deleting, or modi-
fying along the way, appeared to be the most thorough means
of confronting the myriad of significant substantive and
policy issues which are raised by the bill.
Having decided to work within the S. 2525'framework
rather than to make a fresh beginning, the working group
then proceeded-to consider the specific provisions of S. 2525
and to discuss alternatives that would have the dual effect
of simplifying the legislation and eliminating objectionable
restrictions. This process was greatly complicated by the
fact that the provisions in question are intended to be
applicable generally to a broad range of intelligence
agencies, making it necessary to accommodate within the
language selected for the various authorities and limitations
a wide variety of diverse interests, functions and responsi-
bilities.
The remainder of this report is made up largely of
statements of the issues that emerged from this process.
These issues are grouped under the following headings,
corresponding to the major headings in the working group's
reorganization of Title II: I -- Purposes, Definitions, and
Attorney General Responsibilities; II -- Authority to Collect,
Retain and Disseminate Information; III -- Electronic Surveil-
lance Outside the United States and Physical Searches; IV --
Relationships with Persons and Organizations; V -- Procedural
2
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Requirements; VI -- Remedies. Each group of issue state-
ments is accompanied by a separate introduction summarizing
the principal points of difference between S. 2525 and the
working group revision. In addition to a statement of the
issue, a comparison of the manner in which the subject is
treated in S. 2525 and the working group revision, and a
brief description of the relation between the subject matter
and Executive Order 12036 and other relevant Presidential
guidance, each issue statement attempts to explain in its
description of the competing points of view the alternatives
that were developed during the working group discussions.
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