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

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000600110025-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 20, 2016
• Document Release Date: November 22, 2006
• Sequence Number: 25
• Publication Date: August 13, 1975
• Content Type: LETTER

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CENTRAL INTELLIGENCE AGENCY
WASH I NG7oN. D.C. 20505
}. ? 111_: ,a ! :l :i
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 recomr;me-nda--
tion on S. 2008, a bill "To protect the constitutional rights and. 1)).-ivac;y
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,
SIGI'iyD
George L. Cary
Legislative Counsel
Enclosure
Distribution:
Orig - Addressee w/encl
1 - OLC Subject w/encl
'/- OMB Liaison w/encl
1 - OLC Chrono w/o encl
OLC: WPB: sk (12 Aug 75)
1 - Sen Jud
16
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CENTRAL INTELLIGENCE AGENCY
WASH] Nc TorN,D.C. 20505
Honorable James 0. Eastland, Chairman
Committee on the Judiciary
United States Senate
Washington, D. C. 205:L0
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-11 criminal justice information," "criminal justice.: investigative
information," and "criminal justice intelligence information." Access to s;uchL
information would be limited to "criminal justice agencies," and the use or
further dissemination of such information would be confined to the "adm .nis
tration of criminal justice."
The Central Intelligence Agency is not a "criminal justice agency."
As a non-criminal justice agency, however, the A.gency'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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If i`; !'%)t f< f. cv-itni.rtr,I
2`;u Ti j1 iZ 1121:x1
ei ri iii Lei Li Te.acE3
a-xtion of foreign intelligence information is a principal
:unction of the Central Intelligence Agency. Section 102 (d) (3) of
te adonal 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
-. ;..,> these three categories are not limited to the domestic. sphere but could
;F ; E. :r1cl ocle information from foreign sources, concerning foreign
c, to conduct made criminal under foreign laws. By so
_.cries of information and by r. estHcting access to
i;) ' ice ,i,gc ncics and. p.zrposes, S . zoo 09
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cuts across the legitimate foreign intelligence interests of the Central ?nte!lig.rtc:;~
Agency. The restrictions of sections 103(b) and 201 could preclude the r1rr,y-"ncy
from receiving or using info:: mation held by a Foreign or clo:rest.ic < ency
concerning appropriate subjects of foreign intelligence interest. JS he 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, user 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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1 t[.ii. ;t.t`r '+?rt of a specific criminal act including
[ :)rmation" means arrest record
is u, m:teon -.iii ; t.i,M :-E~~-ord information, conviction
1istory record information, arid
c C:?i+r !.it ;;r ' station 'pertaining to a citizen
! tiOet iawfullyr adictitted for permanent
t'i ["!..cl t~C ?'t /' ?formation or criminal justice-
P4 ri
: rid insert in lieu thereof:
.., vestigativice information" means
r: 't t.[;.,;. v r:n xtizzx of the United States or alien
r,t r cric.t 1: residence within the United
criminal, act derived from reports of
r.r i[t; ble by r>am and, expressly required
c `;ttelligon.ce :inforrna.tionT' meanxs
'itizen of the United States or alien
.~..__.
, c residence within the United
tit :l
ritr ;i o
I ce agency in the course of coin--
:ividual rolating to possible future
relating to the reliability of
.! derived from reports of
of surveillance. The
-a nnr does it
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describing a specific incident, not indexed jr ;.per.r~~ ,ice
name and expressly required by ;~;tar;;s. '>r Sri ra ;;E . t ,.zc
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 intelti-
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 .tor proper
foreign intelligence purposes 9 "
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