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

• Document Type: CREST
• Collection: General CIA Records
• 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
• Publication Date: September 18, 1978
• Content Type: MF

Sanitized Copy Approved for Release 2011/04/01: CIA-RDP87BO1034R000100110004-8
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RETURN TO OS REGISTRY lW
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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