CIA COMMENTS ON H. R. 8227

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800040026-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 15, 2016
• Document Release Date: November 18, 2003
• Sequence Number: 26
• Publication Date: July 8, 1975
• Content Type: REGULATION

Approved For Release 2003/12/03 : CIA-RDP77M00144R000800040026-5
DIAFT:WPB:dlw (8 July 1975
Dear Mr. Chairman:
I am offering for your consideration our comments on H.R. 8227, a
bill concerning the dissemination and use of criminal justice information.
The Central Intelligence Agency is strongly committed to the underlying
objective of the proposed legislation which is to protect the right of
privacy of citizens of the United States. H.R. 8227 seeks to afford this
protection by limiting =asseminatiou.,., access, riminal
justice information to criminal justice
purposes.
c. I
C
agencies anct ? r ce
The Central Intelligence Agency is not a "criminal justice agency"
It has been ascertained in discussions with the staff of the Subcommittee
on Civil and Constitutional Rights of the House Judiciary Committee, that
cterize tie Central-Intelligence Agency as
a
is also not intended to , char
o
'
Al. J4J 3 L] SJ"?
'his intent is consistent with and indeed
'ry
s
- ;It
mandated by proscription of section 102(d)(3) of the National Security
IN /I
Act of 194
...That the Agency shall have no police, subpoena, law en-
forcement powers, or internal security functions...
The Central Intelligence Agency's scope of authority is limited to
for. intelligence matters; it is definitely not a "criminal justice agency"
nor is it involved in the "administration of criminal justice," or other
"criminal justice activities."
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There is, however, considerable ambiguity ancircuity in the
definitions set forth in section 102 and - 103 of the proposed
legislation. To avoid future confusion over the status of this Agency,
it is recommended that clarifying language be inserted in Title I,($ction
1 of the attached memorandum discusses in detail the definitional problems
referred to, and the necessity for clarification and opposes amendments'
which would stasify these considerations while preserving the intent and
objectives .of-the_ legislation.-
While the Central Intelligence Agency is not to be considered a
criminal justice agency, as a non-criminal justice agencyi-under H.R. 8227
it would be confronted with limintations and requirements which could
impinge upon its essential responsibility by barring Agency access to
important foreign intelligence information.
Collection of foreign intelligence information is a principal
statutory function of the Central Intelligence Agency. Section 102(b)(3)
of the National Security Act of 1947 imposes on the Agency a duty
Moreover, section 102(e) of the National Security Act of 1947 provides:
reign intelligence information can include any significant information
on foreign personalities, areas, developments, or events. Upon occasion,
it may include items of information on foreign personalities coincidentally
defined in section 102 as a "criminal justice information," criminal justice
intelligence information," or "criminal justice investigative information"
For example, biographic information on foreign leaders may include "arrest
record information," or "criminal record history information" as the case
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with Premier Castro, Premier Vos Studies on dissident groups within
foreign societies may all contain geiminal justice information as any
study of the individuals involved in the Jewish Movement in the Soviet
Union would. Foreign intelligence information which this Agency may
properly collect or disseminate concerning foreign individuals involved
in terrorist activities could include items defined in H.R. 8227 as
`criminal justice information; 'briminal justice intelligence information;
or'criminal justice investigative information:' The same can be said for
foreign intelligence information concerning international narcotics traffic.
iThe regulatory provisions of H.R. 8227 cut across the legitimate foreign
intelligence interests of the Central Intelligence Agency. The limitations
in section 201 and 103b for example, would preclude the Agency from
collecting or receiving i f ation held by foreign o domestic agencies
concern e subjects discussed abnre. The limitations in section 205
would prohibit the Agency from disseminating= foreign intelligence information
to appropriate recipients ,such the--National--Seeurity Counci-l= or the
s Caere such informat4on incorporates : items_ de_f. ,ned.. as criminal
? justice information. I recommend that H.R. 8227 be appropriately modified
to take into account that foreign intelligence information may from time
to time include material which section 102 defines as"criminal justice
information, criminal justice intelligence information', or"criminal justice
investigative information, and the necessity of this Agency to collect,
receive, use, and disseminate such information and the need to protect such
information in their possession. (section 2 of the attached memorandum
discusses in greater detail the problems the Agency would be confronted
with under H.R. 8227 as a non-criminal justice agency).
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I would like to propose for your consideration the amendments
to H.R. 8227 set forth in section 3 of the attached memorandum. I
believe that would satisfy the above mentioned considerations while
preserving the intent and objectives of the legislation.
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