SECTION 1-707, EXECUTIVE ORDER 12036

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R001900060082-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 19, 2016
• Sequence Number: 82
• Content Type: MEMORANDUM FOR

Approved For Release 2006/09/28: CIA-RDP81 M00980R001900060082-6
8 September 1978
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MEMORANDUM FOR: Director of Central Intelligence
Deputy Director of Central Intelligence
Deputy Director for Administration
Director, National Foreign Assessment Center
Deputy Director for Operations
Deputy Director for Science and Technology
Inspector General
Legislative Counsel
Comptroller
Director of Public Affairs
FROM: Anthony A. Lapham
General Counsel
SUBJECT: Section 1-707, Executive order 12036
1. Action Requested: None. This memorandum is for
your information only. It concerns a recent Department of
Justice opinion construing Section 1-707 of Executive Order
12036.-
2. Background: Section 1-707 states:
The senior officials of each entity of agencies
within the Intelligence Community shall ...[i]n
any case involving serious or continuing
breaches of security, recommend to the Attorney
General that the case be referred to the FBI
for further investigation.
In April 1978 a case was brought to my attention as a possible
candidate for reporting which led me to ask the Department
of Justice for an opinion concerning several aspects of
Section 1-707. A copy of my letter is attached at Tab A,.
and a copy of the Department of Justice memorandum opinion
is attached at Tab B.
 Approved For Release 2006/09/28: CIA-RDP81 M00980R001900060082-6
3. The following are the most significant points in
the opinion:
a. Section 1-707 is mandatory and requires that-
cases be brought to the Attorney General's attention
once they have been determined by the entity concerned
to be "serious or continuing breaches of security."
b. Section 1-707 is not limited to breaches of
security by employees of the Executive branch, and it
could apply to members of Congress and their staffs,
former Federal employees, and to journalists "in
appropriate circumstances."
c. Section 1-707 applies to certain types of non-
criminal conduct, such as possible violation of a
secrecy agreement, and the authority of the FBI is not
limited to investigation of possible violations of the
Federal criminal laws.
d. In some circumstances the unauthorized dis-
closure of classified information to a newsman may be a
Federal crime in violation of 18 U.S.C. ?793(d) or (e).
However, a stronger case could be made for prosecution STAT
of a current or former Federal employee who by such
conduct violates an obligation of confidentiality.
Anthony CA. Lapham
Approved For Release 2006/09/28: CIA-RDP81 M00980R0.01900060082-6