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

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78M02660R000800030011-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 16, 2016
• Document Release Date: January 19, 2005
• Sequence Number: 11
• Publication Date: June 29, 1976
• Content Type: LETTER

Approved I h J e 90)-)
WASHINGTON, D.C. 20505
2 ~ , ;976
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 Staggers, House
Committee on Interstate and Foreign Commerce, in response to a request
for our recommendations on S. 2515, a bill which would establish a
"President's Commission for the Protection of Human Subjects of Biomedical
and Behavioral Research. "
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,
Legislative Counsel
Distribution:
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OLC Subject, w/encl
4 - OLC OMB Liaison, w/encl
1 - OLC Chrono, w/encl
OLC: WPB: sm (28 June 1976)
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 Approved EENTeMlie O'0'0RDILPGEQMERPtZ66OR000800030011-6
WASHINGTON, D.G. 20505
Honorable Harley 0. Staggers, Chairman
Committee on Interstate and Foreign Commerce
House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman:
This is in response to your request for our comments on S.. 2515,,. a
bill which would establish a "President's Commission for the Protection of
Human Subjects of Biomedical and Behavioral Research." This bill passed
the Senate on 21 May 1976.
. The Central Intelligence Agency's current and foreseeable activities
in biomedical and behavioral research are extremely limited. Therefore,
with respect to the merits of the bill in general, we defer to the views of the
Department of Health, Education, and Welfare and other departments and
agencies more' directly involved in this area. However, we offer the following
comments on those provisions of the bill which do concern this Agency..
Proposed Section 477 (f) of S. 2515 provides for a representative of
the Central Intelligence Agency to serve as a non-voting, ex officio adviser
to.the President's Commission for the Protection of Human Subjects of
Biomedical and Behavioral Research. Without commenting on the, merits
of establishing such a Commission at this time, the Agency would have no.
objection to providing the representation required, if such a Commission
were created.
Under Section 477 (h) the Commission would be granted. broad access,
to classified information within the executive departments and agencies where
"necessary to enable the Commission to carry out its duties." We understand
this to mean that, if the Commission were established, classified information
provided it would be limited only to those matters which directly concern the
charter of the Commission, i.e. only classified information which involves
experimentation on human subjects. Such a limitation is appropriate and
desirable.
~G! mod-..
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Although S. 2515 does not address itself directly to the disposition
of classified information once obtained from executive departments and
agencies, it is noted that Section 477(a) requires that all members of the
Commission receive security clearances from appropriate departments and
agencies. This Agency agrees that such measures are necessary to ensure
the protection of the information involved. Moreover, current national
security policies prohibit disclosure of classified information without the
approval of the originating agency or department. This is a basic security
tenet which should be expressly recognized in view of the Commission's
access to classified information; its authority "to publish reports and other
material which it deems necessary, " under Section 482; and its authority
to undertake a comprehensive study of advances in biomedical and behavioral
research, under Section 479. In short, to avoid any misunderstanding, it
should be made clear that it is not the intent of S. 2515 to authorize or require
the public disclosure of information protected by Executive order or statute
As proposed, the bill could be interpreted to include all research and
testing to determine psychological attitudes, psysiological reactions, and
predictable human behavior which in no way affects the health or presents
a hazard to the subjects involved. The Commission should be concerned
only with human research which has health risk factors..
Finally, the Committee may wish to consider whether it might not be
appropriate to extend the protections afforded "military personnel" (defined
as including "employees and agents of the Central Intelligence Agency"),
under Section 478 (a) (2), to include all civilian employees of the Government.
The Office of Management and Budget has advised there is no objection
to the submission of these comments on S. 2515.
Sincerely,
George Bush
Director
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LGeiitral Intelligence Agency
Washington, D.C. 20505
Assistant Director for
egislative Reference
Office of Management and Budget
Washing. D.C. 20503
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