PROPOSED INTELLIGENCE CHARTER LEGISLATION - TITLE II

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000800040039-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 16, 2016
• Document Release Date: October 12, 2004
• Sequence Number: 39
• Publication Date: March 21, 1978
• Content Type: MF

0L -(- 7,)? 7.395
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DDA 78-1193/1
21 March 1978
MEMORANDUM FOR: General Counsel
ATTENTION
Assistant General Counsel
Assistant for Information, DDA
SUBJECT Proposed Intelligence Charter Legislation - Title II
REFERENCE : Multiple addressee memorandum from STAT
dtd 15 March 1978, Subject: S. 2525 - Proposed
Intelligence Charter Legislation - Title II
Restrictions (OGC 78-1620)
1. The issues paper attached to reference has been reviewed by the
Offices of the DDA which concur in general with the positions taken on
the provisions of Title II. A few suggestions and comments follow.
2. Section 211 provides "general principles" governing the colle:-
Lion of information concerning U.S. persons and foreign persons within
the U.S. Elsewhere in part (B), various collection techniques are
specified in different sections, including Sections 215 and 222.- The
lists of techniques cited do not in every case include both national
agency checks and police checks. We believe that whenever authorizable
techniques are listed both these methods should be included. It might
be more efficient to include a list of authorized investigative steps
as part of Section 211.
3. Section 221 is the subject of issue #36 which includes the
proposed addition of a requirement that information collected under the
authority of Section 221 should be destroyed after one year if the sub-
ject of the collection is not actually used as'a source of assistance.
We understand that this addition is designed to make the legislation
consistent with the procedures being developed for collection and reten-
tion of information under Executive Order 12036. We would prefer to see
the legislation provide for controls over the use of the information
rather than controls over the length of time it can be retained.
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4. Section 222 was alluded to above. If the decision is made to
include in each subsection of 222 a list of authorized collection tech-
niques, it is imperative that both subsection (b) and subsection (c)
authorize police checks and national agency checks.
5. Section 245 provides in subsection (b) for cooperation "with
appropriate law enforcement agencies for the purpose of protecting the
personnel and facilities... and conducting background checks on appli-
cants for employment." We believe that this authorization should be
extended to cover cooperation with law enforcement agencies "in the
course of conducting investigations authorized by this Act."
6. Section 253 is the subject'of issue #51. which suggests the
addition of either "maliciously" or "recklessly" as a qualification for
the phrase "authorizes or engages in." Elsewhere in the OLC and OGC
commentaries on the charter legislation there has been an effort.to
delete adverbial qualifiers of this kind. We wonder whether subjective
judgment about the absence or presence of "malice" or "recklessness"
should be required by the language of the charter legislation.
7. These comments aside, the positions proposed in the attachment
to reference have DDA support.
cc: AD-M/NFAC
STAT D! C
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