REQUEST FOR OGC OPINION BY MR. JOHN MCMAHON(Sanitized)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00498A000200100020-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 12, 2016
• Document Release Date: August 7, 2002
• Sequence Number: 20
• Publication Date: March 9, 1976
• Content Type: MF

74.
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MEMORANDUM FOR:
ATTENTION
SUBJECT
OGC 76-1146
9 March 1976
Deputy Director for Administration
stry
DDIA Re istry
File
Mr. John N. McMahon, Associate Deputy Director
for Administration
Request for OGC Opinion by Mr. John McMahon
Regarding Possible Violation of 18 U.S.C. ? 1905
or 5 U.S.C. ? 552a
1. Mr. McMahon requests an opinion from Office of General Counsel as
to whether his referral of information consisting of allegations of possible
criminal activity by a member of Congress to the FBI may have constituted a
violation of the above-cited statutes as suggested by a letter from Representative
Robert L. Leggett to Attorney General Levi.
2. It is the opinion of OGC that Mr. McMahon did not violate the Privacy
Act [5 U.S.C. ? 552a] or 18 U.S.C. ? 1905 when Mr. McMahon referred the
information he received to the FBI. OGC is further of the opinion that Mr.
McMahon may have been under an affirmative obligation to report such
allegations to the Department of Justice pursuant to 28 U.S .C. ? 535.
3. Mr. Leggett suggests that subsection (b)(7) of the Privacy Act pro-
hibits any release of information to a criminal law enforcement agency unless
said agency requests the information in writing and specifies what information
they wish to receive. It is clear from the legislative history of the Privacy Act
and from the language of the Act that subsection (b) (7) applies only to those
cases where a criminal law enforcement agency unilaterally seeks information
from other federal agencies. The purpose of subsection (b)(7) is to limit
so-called "fishing exhibitions" and/or informal investigative activity under-
taken by law enforcement agencies. To accomplish this purpose, the Privacy
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Act requires that when such law enforcement agencies, on their own behalf,
seek information they are to specify the type of information they need and
to formalize the process by making the request in writing, signed by the
head of the agency or unit. This section, however, does not absolve govern-
ment officials of the affirmative duty to report allegations of or evidence of
criminal activity to the appropriate law enforcement authority. The guide-
lines published by the Office of Management and Budget, pursuant to sub-
section (6) of the Privacy Act, state that while blanket requests from law
enforcement agencies for records pertaining to an individual are not permitted
[a] record may also be disclosed to a law enforcement agency at the
initiative of the agency which maintains the record when a violation
of law is suspected; provided, That such disclosure has been estab-
lished as a "routine use" .... [40 F.R. 132, page 28955] .
The CIA, in its "Notice of Systems and Records" published in the Federal
Register August 28, 1975 [40 F.R. 168, page 39778] , has published such notice
of "routine use" applicable to all record systems. Further, in the debate on this
measure in the House of Representatives, the floor manager of the bill, Congress-
man William S. Moorhead, explained that
[i] t should be noted that the "routine use" exception is in addition
to the exception provided for dissemination for law enforcement
activity under subsection (b)(7) of the bill .... [Congressional
Record November 21, 1974, p. H10962] .
4. Further, 28 U.S.C. ? 535(b) requires that
[a]ny information, allegation, or complaint received in a depart-
ment or agency of the executive branch of the Government
relating to violations of Title 18 involving Government officials
and employees shall be expeditiously reported to the Attorney
General by the head of the department or agency ....
Assuming that members of Congress are included within the definition of
Government officials or employees, it would appear that Mr. McMahon was
under an affirmative obligation to assure that the allegation he received was
reported to the Department of Justice.
-2-
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5. Finally, it would appear that Title 18, section 1905 is inapplicable
to this matter. Section 1905 relates to information in the nature of financial
records or trade secrets coming to a government agency in the course of
official business. The purpose of section 1905 is to prohibit government
employees from disclosing confidential financial information to unauthorized
parties. It does not appear that a report of an allegation of criminal activity
to an authorized law enforcement agency could possibly contravene 18 U.S.
? 1905. (2-s-TATINTL
Assistant General Counsel
Freedom of Information and
Privacy Law Division
Attachments
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H 1350 A P P r 0 v e d For Re rieWIBUSSIONIALRE:mrwoopymo290100021Mbructry gs, 1976
credit conditions that exist not only in this Tyler last Thursday, and he repot.% to me by government if widely disseminated would
country, but throughout the world? West that the Cheshire article appeared be ex- violate the rights of individuals to privacy.
?.Germany has the banking system that per- cessively melodramatic, that there was an in- Other reasons for confldentianty in govern-
haps most nearly resembles our own. There vestigation of myself and a number of others merit go to the effectiveness?and sometimes
is some evidence to suggest that the debacle that he did not precisely describe, but that the very existence?of important govern-
concerning the collapse of Bankhaus Her- I had to recognize that your agency gets all mental activity."
statt was in part due to the lack of coordina- of the b.s. from ,around the U.S. and that 90 ".-. . Throughout its history our society
tion between the independent bank regulator percent of it is just that. Tyler responded has recognized that privacy is an essential
and the central bank. the Bundesbank. In when X attributed Justice action solely to condition for the attainment of human dig-
our own country, we apparently came peril- Maxine Cheshire as follows: "Not just that, nity?for the very development of the in-
ously close to some major difficulties in the but the C.I.A. and the Church Committee on dividuality we value?and for the preserve-
Franklin National. Bank episode because of C.I.A. in the Senate." tion of the social, economic, and political
differences between the Federal Reserve and - I subsequently reviewed that matter with welfare of the individual. Indiscriminate ear-
ths Comptroller of the Currency. . Senator Church and his staff director, Bill posure to the world injures irreparably the
Finally, it would. be the Fed, that would Miller, and their counsel. Fritz Swartz. With- freedom and spontaneity of human thought
be called upon to p a out quoting verbatim the conversations held and behavior, and places both the person
leviate any, difficulties in the system. with the Senate Conimittee, it appears that and property of the individual in jeopardy."
. On the other hand, almost daily new fears an informant by the name of William Cor- . "As a result, protections against tinware
about the banking system ,are articulated. sons co-editor of Penthouse Magazine, had ranted Intrusion, whether by the Govern-
It matters not that these expressions are not provided some National Press ,Club gossip rnent or the public, have become an essential
?
well-founded.. And It. is a commentary on concerning an employee of the House of Rep- feature of our legal system." ,
our times that. reassurances from those in resentatives and had suggested sonae far- ? ". . . Confidentiality is thus a prerequisite
-- authority tend, to .aggravate rather than to the enjoyment of the freedoms we value
fetched ideas- of his own respecting. myself
ameliorate. The truth is that the credibility_ and others. The Senate Committee. staff most. The effective pursuit of social, eco-
of our banks, our banking systern and its thought the matter bizarre and referred Cor- Bombe, and political goals often demands
regulators have been dealt serious, blows, son to the C.I.A. and the Justice Department. privacy of thought, expression, and action.
Our banking 'system, in the final analysis, The Committee staff did report the matter The legal rights created in recognition of
rests on confidence, and restoration of con- to Deputy Attorney General Tyler, not think- that' needundoubtedly infringe on the more
, ildence is the paramount, objective. ing the matter of particular significance or generalized right of the society as a-whole to
Therefore, notwithstanding the very, valid the. Speaker of the House Would have been know. But the absence Of these legal rights
. reasons for allowing the Fed to become the immediately notified. would deprive OUT society of the quality we
principal regulator, we believe that, on bal- prize most highly."
. alum, a fresh start is' the best path. We I subsequently spoke with -Mr. William Corson and discovered that he had never
"The rationale for confidentiality does not
endorse the Hpuse and Senate proposals that ' disappear when applied to government."
would establish a neve federal banking corn- been interviewed directly by your Depart- ". . . The Supreme Court addressed the
' m
mission, to be composed of five or more in- ent, but that he' had talked to the C.I.A. point when it said: -
dependent members appointed by the Presi- While you apparently made- your deter-
'It has generally been held that the First
mination to proceed with the investigation .Amendment does not guarantee the press a
dent and confirmed by the Senate serving
staggered, terms. We endorse the proposals at the highest level and on the most send-constitutional right of special access to in-
that would amalgamate all of the regulatory the
of information, I apparently interviewed formation not available to the public gen-
powers now vested in .the Fed, the Comp- your star witness before you had the OP-- orally. ... Despite the fact that news gather-
troller of the Currency and the FDIC into portunity., Mr. Tyler did indicate that he ing may be hampered, the press is regu-
this commission.' . ? would move forward with the investigation larly excluded from grand Jury proceedings,
with all deliberate speed, recognizing the our own conferences, the meetings of other
At the same time, it becomes mandatory possible injury to my reputation. I took a
that the Federal Reserve and this new agency official bodies gathering in executive session,
ten-page statement from Corson over the and the meetings of private organizations.'"
maintain effective liaison. It Is not necessary telephone, a large portion of which was Cor- ... . .
that governors of the Fed be commissioners The rationale for confidentiality in .
of the new agency, but an effective mecha- .roborated by Leo Rennert of the Sacramento
this regard was stated by Attorney General
nism will have to be created to insure a con- Bee. The bottom line was that Corson had no
1nformatio of y wrongo ng on My part.
Robert Jackson in 1941 in decliniing to re- .
linuous flow of information and dialogue 'Mr. Corson is a Penthouse editor, and I can lease investigative reports of the Federal
between both agencies. e understand how his stature demands certain w Bureau of Investigation Which ere de-
- / Finally, we recommend in the strongest
consideration and respect. mended by a congressional committee, The
possible terries that the nucleus of the newAttorney General wrote:
. agency, be the current regulatory system and I next caned the C.I.A. and . determined
'(D)isclosure of -the reports would be of
staff now employed at the Federal :Reserve. that Carson had given to Mr., John Mc-Mann '
eserious prejudice to the future usefulness
a similar story to, the-sone - he-geSre - the
Church Committee, but different ' of the Federal Bureau of Inves tlgation, . . .' e
story he gave to
? ' Rennert and myself, that the"..4 ... Disclosure could Infringe on the pri-
' LETTER TO ATTORNEY GENERAL
McMann referred Corson to the F.B.I. since vacy of those mentioned in the reports and ?
. EDWARD -H. LEVI - ' ? . a domestic matter was involved. The C.I.A. might constitute 'the grossest kind of injus-
The SPEAKER Pro tempore. Under a said through Mr. George Cary, their Legisla-
tice to innocent individuals.' Mr. Jackson oh-
served that 'investigative reports include ,
previous order of the House, matter whateoevernfriti Core6ranlev.1ne
the gentle- tiveeCienneel:sthatstheyelmentrfile -on this
lead,' and suspicions, and sometimes even
, eLSS:b--e
man from California (Mr. LEGGETT) IS Theydenied' that they today have a fife. The ' the statements of malicious and misinformed
.recognized for 30 minutes. . . Church Committee has no 'file. The C.I.A. people,' and that a 'orrection never catchea
. Mr. LEGGETT. Mr. Speaker, 1 have did pass on to the F.B.I. the Corson material up, with an accusation."'
asked for this special order today to ; since Corson for some unkown reason did not Now having determined your position on
simply read into the House RECORD a let- want to talk to the F.B.I. directly. This last fairness, I would respectfully again call your
ter I am sending today to Attorney Gen- - action probably was in violation of Title 18, ' attention to the following laws:
eral Edward Levi concerning the sa- . U.S. Code, Section 1905 and the regulation , Title 18, U.S. Cade reads as follows:
promulgated thereunder 28 C.F.R. 735 and ..
lacious material that appeared in the 'Title 5, U.S A 652 Whomever, being an officer or employee
Washington Post last week: of the United States, or of any Department
- Based on this information and perhaps or Agency thereof processes, divulges, die,
ROUSE Or REPRESENTATIVES, - ? other Press Club bar gossip, your agency took . closes, or makes known in any manner or
LEVI,
Washington, D.C., February 25, 1976. "action. But the problem is this?before your to any extent not authorized by law any
Von EDWARD H. _
investigation is even off the ground, it information coming to him in the course
Attorney General, Department of Justice, . appears that someone in the Department of
Washington, D.C. of his employment or official duties or by
Justice advised Maxine Cheshire and the reason of any examination or investigation
DEAR M. ATTORNEY GENERAL: I regret that Washington Post of your contemplated in- made by, or return, or report, or record made
neither you nor your Deputy Attorney Gen- vestigatton or the same is solicited by Che- to or filed with, such department or agency
men Tyler have returned my telephone calls 'shire audio and behold, it seems to me we o officer or employee thereof, which informa- ,
of yesterday. As has been indicated in the have probably two Federal crimes?the giv- Mon concerns or relates to the Trades Secrets
press, I was thunderstruck respecting the ing and receiving of unauthorized informa-
diabolic charges reported by Maxine Cheshire tion in violation of yOur regulations and the processes, operations, style of work, or ab-
tend the Washington Post last week. stmcts,. or to the identity, confidential status-
Privacy Act.
. Allegations, of bribery are Idiotic and false. tical data., amount or source of any informa-
1 have not accepted, have not been offered X know you are concerned with Confl- tion, profits, losses, or expenditures of any
dentiality and Democratic Government be- person, firm, partnership, corporation or as-
any cash or thing of value from the Korean cause I read your article in Vol. 30 N.Y, Bar sociation; or permits any income return or
government or any representative thereof at 323 from last June. You stated:
anytime. , copy thereof or any book containing any
la ". . . One reason for. confidentiality, for abstract or articulass thereof to be seen
I did speak to DarA
pp RCIFr
8weleattin21302/018128DIPCIMADR739300498A00020611 person except by pro..
February 443aigail For.
vided
vided by law; shall be fined not more than
$1,000 or Imprisoned not more than a year,
or both; and shall be removed from office or
employment."
The Regulations promulgated thereunder,
28 C.F.R. 45.735, read as follows:
"No employee (Department of Justice)
shall use for financial gain for himself or
for another person, or make any other im-
proper use of, whether by direct eaten on
his part or by counsel recommendation or
suggestion to another person, information
Which comes to the employee bk. reason of
his status as a Department of Justice em-
ployee and which has ' not become part of
the body of public information."
'Taw enforcement investigatory material
Is not exempt from the restriction on dis-
closures clause of the statute nor from re-
quired accounting provisions. (5 U.S.C. 552a
(b); (c) (1), (2); (0). The restrictions on The SPEAKER pro tempore. Under a
disclosure clause provides that: previous order of the House, the gentle-
No agency shall disclose any record which man from Connecticut (Mr. Dope) is
is contained in any system of records by any recognized for' 10 minutes. .
means of communication to any person, or Mr. DODD. Mr. Speaker, the House
to another agency, except pursuant to a writ- Judiciary' Subcommittee on Civil and
ten request by or with? the prior consent of,
the individual to whom the record pertains Constitutional Rights, on which I have
unless disclosure of the record would be? the privilege to serve, has been holding
(1) to those officers and employees of the continuing oversight hearings into the
agency which maintains the record who have domestic intelligence activities of the
a need for the record in the performrance Federal Bureau of Investigation.
- of their duties: Yesterday, the chief of the General
? (7) to 'another agency or to an instru- Accounting Office?GAO . Comptroller
mentality of any governmental jurisdiction General Elmer B. Staat,s, presented to
1/lent activity if the activity Is authorized
States for a civil or criminal law',enforce- our .subcommittee the results of an In
Within or under the control' of the united vestigation by his agency into these FBI
by law, and if the head of the agency or in- actions.
strumentality has made a special request I want to take this opportunity to
to the agency which maintains the record commend Comptroller General Meats
specifying the particular portion desired and and his dedicated staff for the superior
the law enforcement activity for which the
record is sought: professional quality of their report to
(9) to either House of Congress, or, to the this subcommittee. They have labored
extent of matter within its jurisdiction, any diligently over the-past year under diffi-
committee or subcommittee thereof, any cult circumstances in order to provide us
joint committee of Congress or subcommittee with the first extensively documented 0
of any such joint committee; (5 U.S.C. 552a analysis of the FBI's dornestic intent-
(b))
gence operations.
For any- disclosures, the agency is re-
The details of this- report are no longer 4
quired to account for dissemination of any shocking. Americans are well aware of
. Information. (5 U.S.C. 552a(c) )
I would particularly call to mind: 5 U.S.C. the- illegal activities performed by the
5525(i) Criminal Penalties. Bureau in the past?the Cointelpro Op-
"Any officer or employee of an agency, who erations; the maintenance of unwa,r- 0
by virtue of his employment or official pOd, ranted files on innocent individuals; and a
tion, has possession of, or access to, agency the extensive investigations of persons c
s
records which contain individually identi- associated with so-called extremist or
fiable information the disclosure of which i r
prohibited by this section or by rules or reg- tubversive groups without a prior deter- t
mination of an individual's substantial
Illations established thereunder, and who fi
knowing that the disclosure of the specific propensity for violence or clear evidence m
material is so prohibited, willfully discloses of the "probability" of the commission of
the material in any manner to any person or a Federal crime.. 0
you plan to take to protect my rights after
these false allegations have leaked from your
Department.
As was said In Othelo: "Good name in man
and woman, dear-my Lord, is the immediate
jewel of their souls; who steals my purse.
steals trash; t'is something, nothing, Vwas
mine, t'is his and has always been slave to
thousands, but he that filches from me my
good name robs me of that which not en-
riches him, and makes me poor indeed."
X look forward to an early reply.
Very sincerely,
- ROBERT L. LEGGETT,
Member of Congress.
THE FBI AND DOMESTIC INTEL-
LIGENCE ACTIVITIES
1351
requisites for the initiation of these ac-
tivities. There must exist an unobstructed
exchange of information-4vith appro-
priate security provisions?between the
Bureau and Congress. A balance must be
struck between the constitutional re-
sponsibility of Congress to exercise over-
sight on FBI operations and the FBI's
central role in fighting crime- and pro-
te.cting our national security.
The refusal by the Department of Jus-
tice and the Federal Bureau of Investi-
gation to permit the General Accounting
Office, the research arm of Congress, to
have even limited access to FBI investi-
gatory files in order to verify their find-
ings for this subcommittee amplifies the
,distrust which exists between Congress
And these agencies?a distrust which
may not be wholly without justification.
To foster a more- productive relation-
ship, Congress must get its own house
in order. We must honor the security ar-
rangements made to control the use and
dissemination of information shared -
with Congress, and where such arrange-
ments do not exist we must formulate
them without delay. - ?
Furthermore; we cannot- expect the
Bureau to effectively and efficiently re-
spond to the numerous identical requests
for information by several congressional
committees. Congress must decide which
committee will have primary oversight .
responsibility for the FBI. The House
Judiciary Subcommittee on Civil and
Constitutional Rights chaired by my dise
tinguished colleague, Mr. EDWARDS of
California, has exercised longstanding
egislative oversight responsibility for the
Bureau and should be mandated with the
sole responsibility for continuing this
ffort. Only then can Congress effectively
arry out its oversight function and at
he same time permit the Bureau to focus
ts attention on a regular working rela-
ionship with one committee.
Second, it is essential for Congress to
learly delineate the Attorney General's
verall supervisory responsibility for all
ctivities conducted by the FBI. As re-
ently as 2 weeks ago, Attorney General
Jevi testified before this subcommittee
hat he would not accept complete and
nal responsibility for FBI operations.
r. Levi admitted that as Attorney Gen-
ral he must exercise general supervision
ver FBI activities but he refused to sc-
ent final authority for the scope and than di-
lotion of all FBI intelligence operations,
is imperative for Congress to crystallize
his relationship, between the Depart-
ent and the Bureau. We must know
hich activities the Attorney General
ermits the FBI to conduct without di-
et supervisory control. And we must
vise existing statutes to more clearly
andate the Attorney General's respon-
bility for all the activities conducted
this powerful agency.
Third, the FBI must demonstrate its
illingness to cooperate with this reform
ort by re-examining its own internal
.ganizational structure and operations.
e Bureau must consider measures
hich go beyond a limitation on the
'rector's tenure. 'They should evaluate
e existing method of training FBI
e changes which
agency not entitled to receive le shall-be But -these details remain ditsurbing, c
$5,000.
guilty of a misdemeanor and fined not more and this sense is deepened by the exten- rt
'than
evidence provided in the GAO report It
"(2) Any officer or employee of any agency
who willfully maintains a system of records of poor management techniques and t
witheut meeting the notice requirements of vague, or nonexistent, guidelines for de- m
subsection (e) (4) of this section shall be cisionmaking "authority within the Bu- w
guilty of a misdemeanor and fined not more reau regarding these illegal practices. p
than $5,000. ? However, it is my belief that we must re
"(3) Any person who knowingly and will- not dwell upon the past. It will serve re
fully requests or obtains any record concern- no constructive purpose to _continue to rn
ing an individual from an agency under false
pretenses shall be guilty of a misdemeanor discredit the FBI. We must not focus si
and fined not more than $5,000." upon the mistakes of the past for that by
I would respectfully suggest that a person sake alone. Rather We must utilize the
or persons in Justice have committed a high lessons- of our past experience as a tool w
misdemeanor and on more than one occasion for shaping the future of our domestic eff
in revealing information concerning your in- intelligence operations.
vestigatIon.
I am prepared to file whatever affidavits First, Congress must clarify its rein- Th
are necessary with respect to the violations tionship with the Federal Bureau-of In- w
of which I am complaining, vestigation. The Bureau should be pro- D
Mr. Attorney General, in light of your deep vided with specific directives setting forth di
concern for Civil Rights or all citizens, X in detail the types of permissible
would like like to be reivAiVareeet
U FteRefeaYe 241012108t28artGliAeREM79hOWN8
ta.?.. I, ? ? ?
VEPA I! .1-11'V-ill
e manual of ins true-
..
Approved For Release 2002/08/28 : CIA-RDP79-00498A000200100020-6
? 535. Investigation of crimes involving Government officers
and employees; limitations
(a) The Attorney General and the Federal Bureau of Investigation
may investigate any violation of title 18 involving Government offi-
cers and employees?
(1) notwithstanding any other provision of law; and
(2) without limiting the authority to investigate any matter
which is conferred on them or on a department or agency of the
Government.
(b) Any information, allegation, or complaint received in a depart-
ment or agency of the executive branch of the Government relating
to violations of Title 18 involving Government officers and employees
shall be expeditiously reported to the Attorney General by the head
of the department or agency, unless?
(1) the responsibility to perform an investigation with re-
spect thereto is specifically assigned otherwise by another provi-
sion of law; or
(2) as to any department or agency of the Government, the
Attorney General directs otherwise with respect to a specified
class of information, allegation, or complaint.
(c) This section does not limit?
(1) the authority of the military departments to investigate
persons or offenses over which the armed forces have jurisdic-
tion under the Uniform Code of Military Justice (chapter 47 of
title 10) ; or
(2) the primary authority of the Postmaster General to in-
vestigate postal offenses.
Added Pub.L. 89-554, ? 4(c), Sept. 6, 1966, 80 Stat. 616.
Ristoriea1 and Revision
Reviser's Notes
Derivation: 'United States Code
5 U.S.C. 311a
Explanatory Notes.
The section is reorganized for clarity
and continuity.
In subsection (a), the word "may"
is substituhd for "shall have authority".
The word. "is" is substituted for "may
have been or may hereafter be".
In subsection (c), the words "This see.
tion does not limit" are substituted for
Attorney General cC:,0.
United States C=:40.
Notes
Revised Statutes and Statutes at Large
Aug. 31, 1054, ch. 1143, ? 1, 68 Stat. 998.
"that the provisions of this section shall
not limit, in any way". The words
"(chapter 47 of title 10)" are added after
'Uniform Code of Military Justice" to
reflect the codification of that Code in
title 10, United States Code.
Library References
C.J.S. Attorney General ?? 5, 6.
C.J.S. United States ?? 38-40.
Notes of Decisions
1. Purpose
Even if special legislation might em-
power court to force prosecutions in
some circumstances this section pertain-
ing to investigation of crimes involving
government officers and employees dis-
closed no congressional intent to alter
traditional scope of Attorney General's
discretion so as to permit federal court
to order prosecution. Powell v. Kat-
zenbach, 1065, 350 F.2d 234, 123 U.
S.App.D.C. 250, certiorari denied 86 S.Ct.
1311, 284 U.S. 906, 16 L.Ed.2d 350, rehear-
ing denied 86 S.Ct. 1584, 384 U.S. 967. 16
L.Ed.2(1 670.
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? g9778 .
CENTRAL IlsITELLIGENCE AGENCY
CENAMAIYEENITZEWSGENV
/10?LtINQ19217RDP79-004gAlatippgagemture
_ Privacy Act of.1974
Language: Qualifications Register CA-10
' Language Learning Center Student Files-CIA-9
- Notice" of Systems of Records ; ? Legal Subject Records-CIA-5, ,
_ ? Liaison Contact F11e3-CIA-53
Notice is herebygiven that the Central Intelligence Agency in ac- - ? . Library Open Literature Ready Reference File-CIA-42
? cordance with 5 U.S.C. 552a(eX4) and (11), Section 3 of the Privacy.' - ' -Logistits.Security Clearance Records-CIA-20 ? ?
Act of. 1974 (Public Law. 93-579),. proposes to adopt the notice of Manpower Controls Systern-C(A-29 -
systems of. records set forth below. Any person interested in this Medical Facilities and PhYsicians-CIA-36. :
notice may submit written data, views, or arguments. to the Privacy Modern_Language Aptitude Test Scores (MLAT)-CIA-1I ?
' Act Coordinator,-.Central Intelligence Agency, Washitsgbans- ac: .-- Occupational Accident, Report Records-CIA-55 .
20505, on or Wore September 15, 1975..All written. comments - - ' .0ff-Campus Instructor Applicant Files-CIA-7
received from- the public through such date will be. considered by ? . ' Office of Joint-Computer Support Training and Skills .
the Central Intelligence. Agency before adopting a final notice. InventorY-CIA-2 .' -
- Effective date. This notice shall be effentive.AUgUet 2,8,. 197S.... ? Parking.Permit Filett-C/A-16 - . ' ? ? ?
. _ . ?
? Dated: August 21, -
-1975. _ -
_ ? ' Personal Property Claims Records-CIA-18s _
. ? ? . ? Polygraph Files-CIA-23
- . JOBNF:-BLAKE. Privacy Act Requesters---CIA-21
Detuty Director forAdrninistration ? Private Attorney . ,
./ ?
STATEMENT a- GENERAL R01JT1NE.USES . ?
The following routine uses. apply to, and are incorporated- by
reference into, each system of records set forth below. .
1. In the event that a system of- records maintained by the Cen-
tral Intelligence Agency. to carry out its functions, indicates a: vioLi-s
don or potential violation of law, whether civil. criminal or regula:
tory in-nature; and whether arising by general statute or particular-
.. , program pursuant- thereto, the relevant reords in the, system-of;
records may be referred,, as a routine use, to the appropriate eget--
._cy, whether Federal: state:: local or fOreign, charged with: the
responsibility- of -investigating or prosecuting. such violation; or-
-charged with enforcing or implementing, the statute; or rule, regula-
--lion or order issued pursuant...thereto. ? -. -? ?
record front this'. system- or records may be- disclosed...at. a
routine use. _to- a- Federal, state or local, agency maintaining civil,
'criminal ? or, other relevant enforcement inforination- or other per
tment information; such as current licenses, if necesaary- to obtain
? information. relevant, to' a Central Intelligence-Agency decision con-
cerning the ? hiring, or retention -Of an employee,.: the issuance- a a
? security clearance, or the letting of a contract
3: A record. from this system. of records- may be, disclosed, as a
.. -routine use, to a Federal agency; in- response to its request, in Con-
nection with the hiring or retention of -an employee., the issuance of 7
a-- security- Clearance, the reporting of an investigation- of art- em-
ployee, the letting of a contract,- or- the-issuance of a license, gram;
or other benefit by the request ng agency, to the extent that -the in-.
-- formation is relevant and necessary to the-requesting:agency's deci-
sion on die matter. - . ? ? ? . .
4. A record from this- system -of records may be disclosed, as. a
routine use, in the course of presenting. evidence to a court, magis-
'.trate or administrative tribunal,- including disclosures ? to opposing
counsel in the course of settlement negotiations,
. . ? TABLE OF CONTENTS-
D- ?
'RECORSYSTEM ? ?
Academic Relations File-CIA-46 ? ?
Agency Training Record-CIA-2-
.- Applicant Files-CIA-30-
Applications- Division Tracking System-;-CIA-1
Briefing Program File-CIA-43
. Career Trainee Files-CIA-6--
Central Badge System-CIA-54
CIA Authors File-CIA-40 - ?
- Clinical and Psychiatric Files (Applicants)-CLA-35
-
- Clinical and Psychiatric Files (Employees)-C7A-34
Computer Access File-CIA-3 .?
? Congressional Liaison Records-CIA-38 ?
Consultant and Independent Contractor-Recond.s-CIA-32
Current Employees and Former Employees (official Personnel
files and records related thereto)-CIA ?
Cryptographic Access File-CIA-48 ?
-Directorate of Operations Records System-CIA-49
Employee Grievance Folders-CIA-1.5.. ? ? .. ?
Equal Employment Opportunity Complainant Records-CIA-14 -
Equipment and Supplies Accountability Records-C1A-19
External Training Files-CIA-12
Foreign Map Source-Files-44 .
Financial Records-CIA-50 _-
Freedom of Information Act Requesters-CL4.-22'
4.;
. ?
Professors .-and Placement Officers of Selected Colleges-CL
-47 ?
Prospectivis Contributora for 'ale Collection of Foreign- ?
Intelligence-CLIC-33 ?.
Psychological Test Data Files-CIA-37 .
Publications about CIA-CIA-39 ?
Security Analysis Records-CIA-56.
Security Duty-Office Events Reports-CIA-5t:
Security Records-CIA-57 -- ' -
-Soviet-U.S. Contacts- File-CIA-45
Special Clearance. System-CL-52
Supplemental Personnel (Soft) Files-CIA-24
Supplemental Personnel (Soft) Fnes-CIA-25
Supplemental Personnel (Soft) Files--CIA-26
' Supplemental Personnel (Soft) Files-CIA-27
- Supplemental Personnel (Soft) Files-CIA-28
-Vehicle Operators File-CIA-17
, CIA-I. ?
Systeniname: Applications Division Tracking System.
- System location:-
Central Intelligence Agert-0
.
Washington, D.C. 20505. - .
? s
'? ? Categories of Individuals:Covered by the system:. Agency: arid' col
tract employees, employees- of contractor supporting Office of Joh
' Conniuter Support, currently or formerly ? assigned to ..computt
software' development, or maintenance projects- in Application
; ? s
- Categoiles of records the system: Docunientation of hour
logged on each-assigned programming. or oveshead project; --
? ? Authority . foe maintenance. of the- system-u: Section- 504a),. 'Peden
_ Records Act of-1950 (44:U.S.C, Section 3101).
Routine uses of records maintained. In thesystenn-Including categs
ries of users- and the purposes: of such' uses,: Used by Application
Division staff for periodic reporting to Applications Divisio
-management man-hours expended to develop assigned programmin
projects and overhead hours. Used for- tracking; the. usage an.
scheduling of all resources for developing software.
Used to 'substantiate hours spent by contintor personnel on bil
labia contractual activity..
Policies and practices for storing,, retrieving, accessing; .retaining
and disposing of records in the sytens: ", ? ? '
Storage: Magnetic disk.. .
- ? ---
?
r7 Retrievability: Name and employee number.
?
Safeguards:. to specifically -deaignated'and' cleared per
soianel. ----- ? ?
Retention and diiposali Recordi areerased When hours of activin
are no-longer needed by- management: - . - ?
;System manag- er(s) and address: ?
_ Director, Office of Joint Computer Support
Central Intelligence Agency _ _ .
- Washington. D.C.20505.
Notification procedure: Individuals seeking to learn if this systen
of. records contains information about them should direct thei
_inquiries_ to: ?
' Privacy Act Coordinator
uest Speakers-CIA-13 -
Central intelligence Agency
Approved For Release 2002/08/28: CIA-RDP79b309.814060201,160020-6
FEDERAL Reolsrest voc, 40, NO. 168-THURSDAY, AUGUST 28, 1975