LAW AND NATIONAL SECURITY INTELLIGENCE REPORT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00845R000100420010-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: June 11, 2010
• Sequence Number: 10
• Publication Date: May 1, 1982
• Content Type: OPEN SOURCE

Sanitized Copy Approved for Release 2010/06/11: CIA-RDP90-00845R000100420010-0
AMERICAN BAR ASSO(
!,J,') 7 NJ i C C Ii~\liI -1 i( Law and National
li
INTELLIGENCE REPO _
I Or'ci5 1. I 't~)aIi;:rl, ('fr.'.lr rya?ri ~la1 12
Preliminary Analysis-
Intelligence Executive Orders
Editor's Note: The S'tandi/t, Committee on Lear
em(l National Security is in the process of'preparing a
report on 1he new exectrlit'e orders on intelligence,
Executive Orders 12333 and 12334, under the super-
vision of a subcommittee consisting of Axe! Klei-
hoe,ner, Larr v H. Williams and Daniel B. Silver. The
report 11-ill consist of a section by section comparison
o f,111", two orders n ith the it predece's.cor, Executive Or-
cler 1206, together with commentary on the signifr-
cance elf the changes. The foil; raring discussion of 't%re
principal feature's of the new orders is drairvr from the
suhc'o/nmrrliec's current eh-aft irtr0(1mciion to 1l1(' re-
port. /1 is not intended to he dc;finitn'e and readers will
hare to arl?ait Ili(, full report for a complete interpre-
tive anal' 1S. The committee has not had an oppor-
trnii!ti, to stn(/ v the content of this preliminary discus-
sion. Hence, it is published fin- information.
Despite the numerous differences between Execu-
tive Orders 12333 and 12334 and the previous order
pciMiiPs`thc most significant phenomenon is that these
new orders retain in very large part the structure and
substance of regulation established under the previous
administration.
There were many in the new administration, and in
the transition teams and outside organizations advis-
ing them, who advocated the abolition of Executive
Order 12036, or its replacement by significantly less
restrictive provisions than the orders the president
ultimately adopted. It appears, from analysis of the
new executive orders, that the more radical changes
advocated by this group may have been forestalled by
a number of cosmetic changes and modifications of
tone whose significance is less real than apparent. In
terms of the historical development of intelligence law
by executive order (i.e., a publicly announced frame-
work (if rules to govern intelligence. activities), the
most important aspect of the new executive orders
thus is the aspect of continuity they present, rather
than the changes they embody.
A new administration, having assumed v;iice on a
platform, inter Olin, of removing restrictions on the
intelligence agencies, nonetheless has left in place the
basic structure of regulation created under the pre-
vious administration (including a special oth,e \~ithin
the Justice Department devoted to this fun:-Jon) and
many (although clearly not all) of the subs antive re-
strictions. As a result, it seems unlikely that t:r y future
administration will he inclined to disma itic the exist-
ing structure of regulation or feel free to do sc
A second preliminary observation is that he struc--
ture adopted in the new executive orders makes it
very difficult to evaluate the significance r,larny of
the changes that were made. The previous cc utive
order provided a variety of principles, limit: vns. and
restrictions, to be amplified in procedures ipted by
Continua;: 2
Intelligence Identities Protection Act
The House passed I{.R. 4, the lntelliger. _e Iden-
tities Protection Act, in September 1981. f he Sen.
ate passed a similar version of the Act i r .".1;trch
1982. It was anticipated that there woult' little
difficulty in reconciling the two versions i-. ~:mfcr-
ence. However, as we go to press, the c,,-'crencc
committee has not yet met. The reason giv tar the
delay was that there was more difficulty "M 11:1d
been anticipated in reconciling the differ:_-, :e, he-
tween the staffers of the House and Se ='c con-
ferees who have by now held a series of hr ~linary
discussions. By the time the next lntc?lli? ' .-c Re-
port appears, we hope to he able to pry, . ';.e our
readers with an account of the final action - i en by
Congress on this measure.
Editor: %Vllliam C. Mott. Associate Editor: I)a%e1 Martin. St:riidint Committee on V .,%v and Natic; al ~ `, l.7 it
ABA, 1 155 East 60th Street, Chicago, III. 60037.
Convritvht 1982 ilrnerican tins Assncv;tn n
Sanitized Copy Approved for Release 2010/06/11: CIA-RDP90-00845R000100420010-0 _