DEPARTMENT OF JUSTICE UMBRELLA PROCEDURES (E.O. 12036)

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP87B01034R000100110004-8
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
2
Document Creation Date: 
December 22, 2016
Document Release Date: 
April 1, 2011
Sequence Number: 
4
Case Number: 
Publication Date: 
September 18, 1978
Content Type: 
MF
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PDF icon CIA-RDP87B01034R000100110004-8.pdf99.99 KB
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Sanitized Copy Approved for Release 2011/04/01: CIA-RDP87BO1034R000100110004-8 alo K t. RETURN TO OS REGISTRY lW &WA? Road" 1 8 SEP 1978 MEMORANDUM FOR: Assistant for Information, DDA FROM: Robert W. Gambino Director of Security SUBJECT: Department of Justice "Umbrella" Procedures (E.O. 12036) REFERENCE: Your request of 31 August for comments on subject matter 1. The Office of Security has reviewed the 27 July 1978 draft umbrella procedures and offers the following comments. 2. Under the definition of "Consent," page 3, we feel that the provision under (3) is excessive in requiring that a government employee who is the subject of a l*wful investigation must be provided with a copy befotehand of the procedures applicable to his investigation. This would seem to apply, for instance, to a Department of Commerce employee who applied for employment with this Agency. The Office of Personnel would have to Include in the package of documents provided to all applicants a copy of the above mentioned procedures. 3. Also with respect to Part (4) of the definition of "Consent," we would object if this can be construed as applicable to an investigation of a contractor employee. In most cases, the subjects of such investigations authorize a Department of Defense representative to conduct a back- ground investigation of them and provide this authorization to an intermediary, such as a witting company security officer who is not an employee of the Agency. The section in question would seem to not permit an investi- gation because the subject was not witting of the Agency's interest and had no direct contact with any Agency employee. OS 8 1498/1-A Sanitized Copy Approved for Release 2011/04/01: CIA-RDP87BO1034R000100110004-8 Sanitized Copy Approved for Release 2011/04/01: CIA-RDP87B01034R000100110004-8 Moreover, similar restrictions would apply with respect to covert investigations where an individual has been informed by company officials that he will be investigated, for instance, in order to work on a sensitive project, and gives his consent without knowing that the government is the interested party and will conduct the investigation. 4. Accordingly, we would prefer to see th* section in question (Part 4 of the definition "Cohsent") amended along the lines of proposed Paragraph c(4) (b) (2) (&), to wit: "The subject as expressly consentel or has otherwise been informed or has knowledge that inquiries will be made without voicing an objection." Robert W. Gambino Distribution: Orig - Adse 1 - D/Security C,)- OS Registry 1 - PPG Chrono OS/P&M/PPG cbt 15 September STAT STAT STAT Sanitized Copy Approved for Release 2011/04/01: CIA-RDP87B01034R000100110004-8