LETTER TO MR. JAMES M. FREY FROM FREDERICK P. HITZ

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R001600110071-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 15, 2016
• Document Release Date: July 6, 2004
• Sequence Number: 71
• Publication Date: August 9, 1978
• Content Type: LETTER

CE 78-2673/C
THE DIRECTOR OF CENTRAL INTELLIGENOLC
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Office of Legislative Counsel
9A(UG1978t
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. 2579, the "President's
Commission for the Protection of Human Subjects of Biomedical
and Behavioral Research Act of 1978."
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,
Frederick P. Hitz
Legislative Counsel
Enclosure
Distribution:
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OLC : RJW: skm (9 Aug 78)
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Honorable Harley 0. Staggers, Chairman
Committee on Interstate and Foreign Commerce
House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman:
I am writing in response to your request for views on S. 2579, the
"President's Commission for the Protection of Human Subjects of Biomedical
and Behavioral Research Act of 1978," which passed the Senate on 26 June
1978 and was subsequently referred to your Committee.
This legislation would establish a Presidential Commission to guarantee
that the rights of human subjects of biomedical and behavioral. research are
protected. Current CIA guidelines require that human subject research be
conducted in strict accordance with Department of Health, Education and
Welfare regulations and applicable statutes and that each entity conducting
research hold an approved assurance from HEW. Thus, existing Agency policy
is in accord with the aims and intent of this legislation.
Prior to its being reported to the Senate floor by the Senate Committee
on Human Resources, the bill did contain several issues which were of con-
cern to us. We expressed our concerns in a report to Chairman Harrison
Williams, and these were addressed in the bill as passed by the Senate.
Accordingly, we have no objection to the bill in its present form and as
pending before your Committee.
Our main concern with the unreported version of the bill that was
considered by the Senate Committee on Human Resources centered on the
absence of provisions relating to the handling of sensitive information.
Specifically, proposed subsection 1801(e) stated that each prospective
member of the Commission "shall receive all department and agency security
clearances" necessary to assure access to information. As proposed, this
subsection read as if receipt of clearances were a matter of right. This
certainly was and is not the case, nor do I believe that such was the
intent of the bill. We suggested substituting instead the phrase "must
have qualified for all appropriate department and agency security
clearances," to place this provision in the proper context. 'Subsection
1801(e) of the bill as passed by the Senate so provides.
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While the provisions of the proposed subsection 1801(e) recognized
the need for protecting national security information from unauthorized
disclosure, other provisions in the bill did not take into account the
fact that such information may fall into two categories: information
which is classified pursuant to criteria established by Executive Order,
and that which is designated pursuant to the statutory responsibility of
the Director of Central Intelligence (50 U.S.C. 403(d)(3)) as information
involving intelligence sources and methods. Subsection 1801(f) was
amended accordingly; the bill before your Committee reflects our concerns
in this regard.
Several provisions of the bill considered by the Senate Human
Resources Committee, such as proposed sections 1802 through 1805, required
that the Commission issue reports. In addition, proposed subsection
1806(d) provided the Commission with broad authority to make information
public, and proposed subsection 1806(e) called for publication of certain
information in the Federal Register. Proposed section 1807 limited these
provisions by restraining the Commission from disclosing trade secrets
and commercial or financial information and individually identifiable
personal data. There was, however, no prohibition on disclosure of
national security information to which the Commission may have had
access. S. 1893, the bill's predecessor, included language prohibiting
the Commission from disclosing classified information, and we argued that
failure to include such a prohibition in the bill could have been construed
as a tacit consent to disclosure. Further, we pointed out as noted above
that even a restriction on disclosure of classified information would not
protect all national security information. In order to make the extent
of the Commission's authority perfectly clear, we suggested that the
following new subsection be added to proposed section 1807:
"Cc) The Commission shall not disclose any information
collected or maintained by it pursuant to this title
which is properly classified or is protected from
unauthorized disclosure by statute."
Proposed subsection 1807(c) has been included in S. 2579 which your
Committee is considering.
A further problem arose from the grant of authority to the Commission,
contained in proposed section 1806 (b) (1) , (2) and C3), to hire various
categories of personnel. We pointed out that once hired, such persons
would undoubtedly have access to information in the possession of the
Commission. The bill, as considered by the Senate Human Resources
Committee, however, contained no provision that these persons would be
required to obtain security clearances; nor were there any prohibitions
on their releasing information. We urged the insertion of a provision
stating that such persons would be subject to the same security require-
ments and restrictions as the members of the Commission. Accordingly,
section 1806 (a) (6) was added to the bill.
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Further, we are of the opinion that, in accordance with subsection
1801(d), all agencies and departments engaged in biomedical research should
designate an ex officio advisor to the Commission. This would ensure that
each has a representative sensitive to its needs who could plead its case
before the Commission. Moreover, those agencies and departments heavily
involved in the type of research covered by the bill could certainly give
advice and counsel to the Commission.
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,
SIGNED
Frank C. Carlucci
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