THE SO-CALLED HOLTZMAN AMENDMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000100060091-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 16, 2016
• Document Release Date: November 20, 2004
• Sequence Number: 91
• Publication Date: June 25, 1973
• Content Type: SUMMARY

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The So-Called Holtzman Amendment
An amendment introduced by Representative Elizabeth Holtzman
(D., N. Y.), and passed by the House of Representatives in H. R. 8152--
Amending Title I of the Omnibus Crime Control and Safe Streets Act of
1968--:is, in effect, a reaction to publicity precipitated as a result of Central
Intelligence Agency assistance to a number of domestic law enforcement
organizations. The assistance given was in the form of briefings on a
variety of subjects such as the procedures for the processing, analyzing,
filing, and retrieving of information, security devices and procedures, and
metal and explosives detection techniques. These briefings were given in
response to requests from the various recipients.
In responding to this criticism--on the ground that it was a violation
of the National Security Act provision that "the Agency shall have no police,
subpoena, law-enforcement powers, or internal-security functions:"--
the Agency stated that it did not consider that the activities in question violated
either the letter or the spirit of that restriction. Futhermore, in the Agency's
judgment, they were entirely consistent with the provisions of the Omnibus
Crime Control and Safe Streets Act.
In enacting that law it was a declared policy and purpose of Congress
"to assist State and local governments in strengthening and improving law
enforcement at every level by national assistance" and to ". . . encourage
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CRC, 4/14/2003
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research and development directed toward the improvement of law enforce-
ment and the development of new methods for the prevention and reduction
of crime and the detection and apprehension of criminals" (42 USCA 3701).
By the same law Congress also authorized the Law Enforcement Assistance
Administration to use available services, equipment, personnel and facilities
of the Department of Justice and of "other civilian or military agencies and
instrumentalities" of the Federal Government to carry out its functions
(42 USCA 3756).
Notwithstanding this, the Director of Central Intelligence upon review
of these activities has directed that such activities be undertaken in the future
only in the most compelling circumstances and with his personal approval.
He added that the Agency would, of course, continue to comply with applicable
laws and regulations regarding coordination with other Federal agencies.
We believe it would be unwise to place a restriction in the law which
would preclude the Central Intelligence Agency from ever cooperating with
the Law Enforcement Assistance Administration under any circumstance no
matter how compelling. The Agency does not object to this legislation from
the standpoint of its own activities, since it in no way impairs the discharge
of its foreign intelligence responsibilities. However, we believe that denying
any law enforcement organization access to any information which might be
useful to that organization under any circumstance in combating crime and
in attempting to make the streets of the United States safe is a mistake. The
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CIA Subcommittee(s) have this matter under current consideration. It is our
view, in accordance with the philosophy expressed by Mr. Schlesinger, that
a decision on a matter of this sort should be made on the basis of a considered
judgment by senior officials of the Government. Furthermore, if any
restrictions are to be established we feel that these restrictions should be
a matter of internal regulation and not a matter of flat unyielding statutory
prohibition. For this reason we oppose any amendment which would preclude
CIA cooperation with the LEAH under any and all conceivable circumstances.
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F CENTRAL INTELLIGENCE AGENCY
Office of Legislative Counsel
Was~inaton. D. , 20505
Telephone:
TO: Mr. James Calloway
Committee on Appropriations
United States Senate
We do not feel strongly on this
matter and would not want to be involved
in a fight on the floor.
FORM 1533 OBSOLETE
6-66 PREVIOUS
EDITIONS
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