SOCIAL SECURITY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000400620019-2
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 5
• Document Creation Date: December 21, 2016
• Document Release Date: September 16, 2008
• Sequence Number: 19
• Publication Date: July 6, 1983
• Content Type: MEMO

6 July 1983
STAT NOTE FOR:
STAT
STAT
STAT FROM:
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Deputy Director of Personnel
Deputy Director of Personnel
for Special Programs
Chief, Administrative Law Division, OGC
Chief, Legislation Division, OGC
SUBJECT: Social Security
Attached is a copy of the sources and methods protection
language which we drafted last March.
STAT
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NOTE FOR: Stanley Sporkin
General Counsel
STAT
STAT
STAT
STATFROM :
Deputy Director of Personnel
Associate General Counsel for
Administrative Law
Special Assistant to the
General Counsel
ie egis ation Division
SUBJECT: Amendment to Social,Security Act Legislation
to Assure Protection of "Intelligence Sources,
Methods, Activities, and. Identities of Personnel
Attached for your review is a proposed amendment to the
pending Social Security Act legislation to take care of
security problems arising from the integration of intelligence
personnel into the Social Security system. In deciding whether
to pursue an amendment along these lines, you should consider
the relative merits of such an amendment against the benefits
of relying on existing statutory authority to accomplish the
same ends. The attached proposed amendment has been drafted in
a manner intended to leave that existing authority intact.
I have also attached an internal-use-only explanation which
explains the practical effect of the proposed amendment.
STAT
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PROPOSED AMENDMENT TO SOCIAL SECURITY ACT LEGISLATION
PROTECTION OF NATIONAL SECURITY ACTIVITIES
SEC. . (a) Notwithstanding any other provision of this
Act, of the Social Security Act (Public Law 74-271, as
amended), or, of subtitle C or chapter 2 of subtitle A of title
26, United States Code, with respect to the personnel of any
department or agency within the Intelligence Community (as
defined in subsection 3.4(f) of Executive Order 12333, December
4, 1981 or successor orders), this Act, the Social Security
Act, and subtitle C and chapter 2 of subtitle A of title 26,
United States Code, shall be administered in a manner
consistent with the protection of the identities of such
personnel and consistent with the protection of intelligence
sources, methods, and activities, under such regulations as the
Secretary of Health and Human Services, the Secretary of the
Treasury, and the Director of Central Intelligence shall
jointly prescribe.
(b) The regulations required by subsection (a) of this
section shall be prescribed and administered without regard to
chapter 5 of title 5, United States Code, and shall be exempt
from any requirement for publication or disclosure. Such
regulations shall include, but shall not be limited to,
procedures for secure handling of information, records, -tax
revenues, and benefit payments.
EXPLANATION
After January 1, 1984, all newly hired federal employees
will be covered under the Social Security system, including
newly hired employees of United States intelligence agencies.
Incorporating U.S. intelligence personnel into the Social
Security system, particularly into its records systems and data
bases, presents a clear danger of compromising the identities
of intelligence personnel and intelligence sources, methods,
and activities.
Subsection (a) of the proposed amendment grants joint
authority to the Secretary of Health and Human Services (for
the Social Security Administration), the Secretary of the
Treasury (for the Internal Revenue- Service) , and the Director
of Central Intelligence (for the Intelligence Community) to
provide regulations for implementing the Social Security Act
and related Internal Revenue Code provisions in a manner
protecting the security of U.S. intelligence activities and
personnel. The subsection does not exempt newly hired U.S.
intelligence personnel from coverage in the Social Security
system; it only provides that with respect to U.S. intelligence
personnel the system will be administered in a manner which
preserves the secrecy of intelligence matters.
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Subsection (b) of the. proposed amendment provides the
secrecy necessary in the prescription and administration of the
joint regulations required under subsection (a), by providing
for the inapplicability of:, the Administrative Procedures Act
and of laws which would require the publication or disclosure
of the joint regulations. The subsection also ensures that, at
a minimum, the joint regulations will provide for security in
handling information, records, tax revenues, and benefit
payments with respect to intelligence personnel.
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EXPLANATION
(1)
Provides for joint regulations to protect intelligence
equities in administering the following-laws:
"This Act"--H.R. 1900, the current Social Security Act
amendments legislation
"the Social Security Act"--P.L. 74-271 as amended over the
years
"subtitle C . . . of title 26"--the employment taxes
provisions of the Internal Revenue Code.
"chapter 2 of subtitle A of title 26"--the self-
employment income tax provisions of the Internal
Revenue Code.
(2) Protects intelligence. equities on an Intelligence
Community-wide basis.
(3) Protects against compromise of identities of personnel.
(4) Protects against compromise of intelligence sources,
methods, and activities.
(5)
Provides that promulgation and administration of the joint
regulations shall not be subject to the Administrative
Procedures Act so that the following do not apply:
normal notice-and-comment rulemaking requirements
applicable to federal agencies.
formal adjudication requirements normally applicable to
federal agencies.
(6) Provides that the joint regulations shall be exempt from
publication or disclosure (e.g., under FOIA).
(7) Specifically provides-that the joint regulations must at
least provide for secure handling of information and.
transactions.
(8) Note that administration of the laws "consistent with
protection" of intelligence equities would, if necessary,
require appropriate handling of records/cases involving
people who are not themselves intelligence personnel, e.g.,
spouses and dependents of undercover personnel if their
entitlements are due to the Social Security coverage of an
intelligence employee.
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