LETTER TO MR. JAMES M. FREY FROM GEORGE L. CARY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000300090051-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 20, 2016
• Document Release Date: October 3, 2006
• Sequence Number: 51
• Publication Date: August 13, 1975
• Content Type: LETTER

OLC 75-1789/a
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CENTRAL INTELLIGENCE AGENCY
WASHINGTON,D.C. 20505
13 AUG 1975
Mr. James M. Frey
Assistant Director for Legislative Reference
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. Frey:
Enclosed is a proposed report to Chairman Eastland, Senate
Committee on the Judiciary, in response to a request for our recommenda-
tion on S. 2008, a bill To protect the constitutional rights and. privacy
of individuals upon whom criminal justice information has been collected
and to control the collection and dissemination of criminal justice
information, and for other purposes. "
Advice is requested as to whether there is any objection to the
submission of this report from the standpoint of the Administration's
program.
Sincerely,
SIGNED
George L. Cary
Legislative Counsel
Distribution:
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CENTRAL IN r ELLIGENCE AGENCY
WASHiNGTON.D.C. 20505
Honorable James 0. Eastland, Chairman
Committee on the Judiciary
United States Senate
Washington, D. C. 20510
Dear Mr. Chairman:
I am offering for your consideration our comments on S. 2008, a bill
concerning criminal justice information. I am strongly committed to the
underlying objective of the proposed legislation, which is to protect the right
of privacy of citizens of the United States. S. 2008 seeks to afford this pro-
tection by controlling the collection, use, and dissemination of three classes
of information--"criminal justice information," "criminal justice investigative
information," and "criminal justice intelligence information." Access to such
information would be limited to "criminal justice agencies," and the use or
further dissemination of such information would be confined to the "adminis-
tration of criminal justice."
rr
The Central Intelligence Agency is not a "criminal justice agency.
As a non-criminal justice agency, however, the Agency's access to important
foreign intelligence information could be seriously impaired by S. 2008.
It has been ascertained in discussions with the staff of the Subcommittee
on Constitutional Rights of the Senate Judiciary Committee, that it was not
intended to characterize the Central Intelligence Agency as a "criminal
justice agency" in this legislation. This intent is consistent with, and indeed
mandated by, the proscriptions of section 102(d)(3) of the National Security
Act of 1947:
... That the Agency shall have no police,
subpoena, law-enforcement powers, or
internal-security functions ...
The Central Intelligence Agency's scope of authority is limited to foreign
intelligence matters; it is definitely not a "criminal justice agency," nor
is it involved in the "administration of criminal justice" or other criminal
justice activity. We believe it would be helpful if section 102--the definitional
section of the bill--were modified to further clarify this fact and to reflect
more clearly the intent of the Committee.
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While the Central Intelligence Agency is not to be considered a criminal
justice agency, under S. 2008 it would be confronted, as a non-criminal
justice agency, with limitations which could impinge upon its essential
responsibilities by barring Agency access to important foreign intelligence
information.
The dissemination of foreign intelligence information is a principal
statutory function of the Central Intelligence Agency. Section 102(d) (3) of
the National Security Act of 1947 imposes on the Agency a duty
... to correlate and evaluate intelligence
relating to the national security, and provide
for the appropriate dissemination of such
intelligence within the Government using
where appropriate existing agencies and
facilities ...
Moreover, section 102 (e) of that Act provides:
... To the extent recommended by the
National Security Council and approved by
the President, such intelligence of the
departments and agencies of the Government ...
relating to the national security shall be open
to the inspection of the Director of Central
Intelligence, and such intelligence as
relates to the national security and is
possessed by such departments and other
agencies of the Government .., shall be
made available to the Director of Central
Intelligence for correlation, evaluation,
and dissemination ...
Foreign intelligence information is significant information on foreign
areas, developments, or personalities. From time to time, it may include
information on foreign personalities or events relating to criminal conduct,
such as information on. foreign terrorist organizations, international narcotics
traffickers, or background information on foreign personalities. Such foreign
intelligence information could fall within the definition of "criminal justice
information," "criminal justice investigative information," or "criminal
justice intelligence information," since the sections of S . 2008 which
define these three categories are not limited to the domestic sphere but could
be read to include information from foreign sources, concerning foreign
citizens, and relating to conduct made criminal under foreign laws. By so
broadly defining these categories of information and by restricting access to
and use of such, information to criminal justice agencies and purposes, S. 2008
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cuts across the legitimate foreign intelligence interests of the Central Intelligence
Agency. The restrictions of sections 103(b) and. 201 could preclude the Agency
from receiving or using information held by a foreign or domestic agency
concerning appropriate subjects of foreign intelligence interest. The limitations
in section 205 could prohibit the Agency from disseminating this foreign
intelligence information to appropriate recipients.
I recommend that S. 2008 be modified to take into account the fact
that foreign intelligence information occasionally includes material which
relates to criminal activity and that the Central Intelligence Agency has the
responsibility to collect, use, and disseminate such information.
It is noted that section 204(b) would permit non-criminal justice agencies
to use criminal justice information in screening applicants or for approving
or reviewing security clearances. This Agency has a related interest.
Occasionally, the Agency may wish to obtain criminal justice information
on individuals who are being considered as possible intelligence sources
or for operational purposes without initially notifying the individual under
consideration. There does not appear to be a provision for this security
procedure in S. 2008.
I would like to propose for your consideration the amendments set
forth in the attachment. I believe they would satisfy the considerations
discussed above, while preserving the intent and objectives of the
legislation.
The Office of Management and Budget has advised there is no objection
to the submission of this report from the standpoint of the Administration's
program.
Sincerely,
W. E. Colby
Director
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PROPOSED AMENDMENTS TO S. 2008
I. Amendments to Section 102
(1) Strike section 102 (5) and insert in lieu thereof:
(5) "Criminal justice information" means arrest record
information, non--conviction record information, conviction
record information, criminal history record information, and
correctional and release information pertaining to a citizen
of the United States or alien lawfully admitted for permanent
residence within the United States. The term does not include
criminal justice investigative information or criminal justice
intelligence information.
(2) Strike section 102 (12) and insert in lieu thereof:
(12) "Criminal justice investigative information" means
information associated with a citizen of the United States or alien
lawfully admitted for permanent residence within the United
States compiled by a criminal justice agency in the course of con-
ducting a criminal investigation of a specific criminal act including
information pertaining to that criminal act derived from reports of
informants and investigators, or from any type of surveillance. The
term does not include criminal justice information nor does it include
initial reports filed by a criminal justice agency describing a specific
incident, not indexed or accessible by name and, expressly required
by State or Federal statute to be made public.
(3) Strike section 102(13) and insert in lieu thereof:
(13) "Criminal justice intelligence information" means
information associated with a citizen of the United States or alien
lawfully admitted for permanent residence within the United
States compiled by a criminal justice agency in the course of con-
ducting an investigation of any individual relating to possible future
criminal activity of an individual, or relating to the reliability of
such information, including information derived from reports of
informants, investigators, or from any type of surveillance. The
term does not include criminal justice information nor does it
include initial reports filed by a criminal justice agency
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describing a specific incident, not indexed or accessible by
name and expressly required by State or Federal statute to
be made public.
II. Amendment to Section 204
Insert after section 204(b) the following new subsection and
redesignate subsection (c) as (d):
"(c) In the interests of promoting all-sources foreign
intelligence production, and in order further to implement
sections 102(d)(3) and 102(e) of the National Security Act of
1947, as amended, criminal justice agencies may make
available criminal justice information, criminal justice intelli-
gence information, and criminal justice investigative information
to the Director of Central Intelligence as directed by the National
Security Council only where appropriate for foreign intelligence
purposes and as provided in subsection (b) of this section. The
Director of Central Intelligence shall insure that information
received pursuant to this subsection is used solely for proper
foreign intelligence purposes."
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