6. Summaries furnished under paragraph 4 or reports of investigations reviewed under paragraph 5 concerning assets or potential assets may be prepared for review in a form which protects identity, but must include the status of the subject, i.e., whether a foreign national or American citizen, and a description of the techniques used for recruitment or attempted recruitment. These summaries or reports shall be available for review by the Attorney General or persons specially designated by the Attorney General. 7. To insure the security of foreign intelligence collection and counterintelligence investigations, the Department of Justice shall conduct reviews of FBI reports in a physically secure area at FBI Headquarters. 1. Subject to limitations set forth below, the FBI may disseminate facts or information obtained during foreign intelligence collection and counterintelligence investigations to other federal authorities when such information: a. falls within their investigative jurisdiction; b. constitutes foreign intelligence information required by federal agencies having primary 2. C. d. responsibility therefore; should be furnished to another federal may be required by statute, National When facts or information relating to criminal activities within the jurisdiction of other federal agencies is acquired by Extraordinary Techniques, during collection of foreign intelligence or counterintelligence investigations, the FBI may: a. b. disseminate information pertaining to uncompleted criminal activity threatening disseminate information pertaining to com- All dissemination to other federal authorities shall include a notice to the recipient that the information being furnished should not be used for evidentiary purposes without the express written approval of the Department of Justice, after consultation with the FBI. State and Local Government Authorities 3. Subject to limitations set forth below, the FBI may disseminate facts or information obtained during collection of foreign intelligence or counterintelligence investigations, relating to crimes within the jurisdiction of State and local governments, to the appropriate lawful authorities, provided such dissemination is consistent with the interests of U.S. national security. 4. When facts or information relating to criminal activity within the jurisdiction of State and local governments is acquired by Extraordinary Techniques during foreign intelligence collection or counterintelligence investigations the FBI may: a. b. disseminate information pertaining to uncompleted crimes of violence threatening disseminate information pertaining to completed crimes of violence, with the concurrence of the Department of Justice, when the risk of compromising the source or the investigation by disclosing the means or source of acquiring the information is outweighed by the desirability of identifying and prosecuting the offender. All dissemination to State or local government authorities shall include a notice to the recipient that the information being furnished should not be used for evidentiary purposes without the express written approval of the Department of Justice, after consultation with the FBI. Foreign Governments 5. 6. In accordance with Executive Order No. 11905 of February 18, 1976, the FBI may cooperate with foreign intelligence services by furnishing relevant information obtained during foreign intelligence collection and counterintelligence investigations, when such dissemination may serve the interest of U.S. national security. Information received from or obtained at the 7. Nothing in these guidelines shall limit the authority of the FBI to inform individual(s) whose safety or property is directly threatened by planned force or violence, so that they may take appropriate protective safeguards. 8. The FBI shall maintain records to the extent required by law, of all disseminations made outside the Department of Justice, of information obtained during foreign intelligence collection and counterintelligence investigations. (Same) APPENDIX V TRUST IN LAWS, NOT HONORABLE MEN' by Harry Howe Ransom* The basic issue now before the Senate Select Committee on Intelligence is whether the intelligence establishment can operate effectively within the limits of the American Constitutional system. Since the whole purpose of a strategic intelligence capability is to defend the U.S. Constitution and the way of life it promises, our only logical alternative is to require by statute that intelligence agencies operate within the principles of limited government. I have been an academic "CIA-Watcher" for more than 20 years, having devoted most of my research time as a professionel political scientist to this subject. I do not claim to have all the answers or even to have identified all of the questionsbut I have some historical perspective, and a few opinions to offer. In trying to think intelligently about balancing security needs against American democracy's requirements, our nation's leaders over the years have offered some all too easy answers. For example: *Woodrow Wilson, campaigning for the League of Nations told a St. Louis audience, September 5, 1913, that, to quote Wilson's words "a spying system. The more polite call it a system or intelligence" is incompatible with democratic overnment. Only despotisms, he thought, required secret intelligence services. *Harry Truman, reminiscing 10 years after his Presidency, suggested that had he known. what the CIA was to become, he *Professor of Political Science, Vanderbilt University. Author of the book, The Intelligence Establishment (Harvard Press, 1970). 27-462 0 7851 |