JOURNAL - OFFICE OF LEGISLATIVE COUNSEL

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP73B00296R000100070003-1
Release Decision: 
RIPPUB
Original Classification: 
C
Document Page Count: 
19
Document Creation Date: 
December 20, 2016
Document Release Date: 
October 25, 2006
Sequence Number: 
3
Case Number: 
Publication Date: 
October 1, 1971
Content Type: 
NOTES
File: 
AttachmentSize
PDF icon CIA-RDP73B00296R000100070003-1.pdf806.77 KB
Body: 
)~ j I-fousE Gov+T QIos lL (/y.]/) ApprovediFor QQ&llidIb/pTd LCIA-RDP73B00296R000100070003-1 25X1A 25X1 25X1 25X1A 25X1 25X1A Journal - Office of Legislative Counsel Friday - 1 October 1971 I a meeting with Senator John Stennis and Messrs. Braswell, o snu an Woolsey, of the Senate Armed Services Committee staff. See Memo for Record. 5. Accompanied the Director, 6. Received a call from Mr. Tom Korologos, Special Assistant to the President, who said the White House was much concerned regarding the upcoming debate on Laos. (See Memo for Record. ) Called Ed Braswell, Chief Counsel, Senate Armed Services Committee, to say the map we are preparing for next week's secret Senate session on Laos would not be completed until noon tomorrow, and because of its size (6'x 4' when folded) it would be awkward to carry around and I wondered whether there was any need to bring it over tomorrow. Braswell said 9:00 a. m. Monday morning would be satisfactory, and I arranged with E Division that f his office, would deliver 25X1A the map at that time. is also sending over to Braswell tomorrow morning some additions ac up ma erial for Senator Stennis' use in the debate. g. In the absence from the office of William Phillips, Staff Director of the Foreign Operations and Govern Lent Informa- tion Subcommittee House Government O erations Committee and I met with Norman Cornish, of the Subcommittee staff, an delivered the Director's response to Chairman Moorhead's inquiry on the impact of the "Freedom of Information" law on the informational activities of the CIA. Mr. Cornish showed an interest in the two cases that we had reported and seemed to be completely satisfied with our response. 9. Mrs. Chorbajian, in the office of Representative Robert Steele (R. , Conn. ), called concerning an inquiry from a constituent about an alleged training school for CIA and the Foreign Service The constituent wished to find out what the requirements would be to be eligible. Inquiries with OTR and DCS determined that this address is not an Agency facility. Mrs. Chorbajian was subsequently advised that the address was not connected with the Agency. She was furnished an Agency address for the constituent to write to if there is an interest in employment. She also was advised not to be encouraging in view of the current employment situation. Page 2 Approved For k41se 2007/03/07 :`C1A-RDP73B00296R000100070003-1 ^ GN ASSIFIEA Appr4J d %ase 2007/03/07: CIAf)Pt A%10007000) SECRET ROUTING AND RECORD SHEET Legislative Counsel 7D35 Hqs TO: (Officer designation, room number, and building) OLC 7D35 P 0 SEi 1971 0 OFFICER'S INITIALS /07 : CI COMMENTS (Number each comment to show from whom to whom. Draw a line across column after each comment.) Attached for the Director's signature is a letter to the Chairman of the Foreign Operations and Government Information Subcommittee responding to the Subcom- mittee' s Government-wide inquiry on the effectiveness of the so-called Freedom of Information T,aw The letter has been coordinated with General Counsel, Mr. Goodwin, and the DD/S. John M. Maury Please return for hand-carry. USE FOR 3-62m 610 USEDI IO Sus ^ SECRET ^ CONFIDENTIAL ONLY UNCLASSIFIED ^ USE ONLY ^ Approverd For Release 2007/03/07 : CIA-RDP73B00296R000100070003-1 Letter to Chairman Moorhead re Freedom of Information Law eputy General Counsel Joseph C. Goodwin Special Assistant to the Director ~r? eputy Director for Support ~? ? 4~- I % t-,, / Approved For Release 2007/03/07 : CIA-RDP73B00296R000100070003-1 I Approved For Release 2007/03/07 : CIA-RDP73B00296R000100070003-1 CENTRAL INTELLIGENCE AGENCY WASHINGTON, D. G. 20505 OFFICE OF THE DIRECTOR 30 September 1971 The Honorable William S. Moorhead Chairman, Foreign Operations and Government Information Subcommittee Committee on Government Operations Washington, D. C. 20515 My dear Mr. Chairman: This is in reply to your 17 August request for information relating to the study of the effectiveness of 5 U. S. C. 552 dealing with public information. Our response to your questionnaire and copies of the requested documents are enclosed. You have also asked for a comment on the general effect of 5 U. S. C. 552 upon the information operations of this Agency. There has been no appreciable effect since almost all records of this Agency are exempted from public inspection under 5 U. S. C. 552 (e. g., ". . . specifically. required by Executive order to be kept secret in the interest of the national defense or foreign policy.... " and ". . . speci- fically exempted from disclosure by statute.... [5 U. S. C. 552 (b) (1) and (3) ]). Our response to public inquiries are affected not only by the specific exemptions granted under 5 U. S. C. 552, but other applicable provisions of law as well. The National Security Act of 1947, as amended, provides: ". . . That the Director of Central Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure;.... " (50 U. S. C. 401). Approved For Release 2007/03/07 : CIA-RDP73B00296R000100070003-1 I I Approved For Release 2007/03/07 : CIA-RDP73B00296R000100070003-1 The Central Intelligence Agency Act of 1949, as amended, provides: "SEC. 6. In the interests of the security of the foreign intelligence activities of the United States and in order further to implement the proviso of section 403 (d)(3) of this title that the Director of Central Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure, the Agency shall be exempted from the provisions of section 654 of Title 5, and the provisions of any other law which require the publication or disclosure of the organization, functions, names, official titles, salaries, or numbers of personnel employed by the Agency: Provided, That in furtherance of this section, the Director of the Bureau of the Budget shall make no reports to the Congress in connection with the Agency under section 947 (b) of Title 5. " These provisions of law require that the Agency refrain from commenting on specific Agency activities. Please let us know if we can be of any further assistance. Sincerely, Richard Helms Director Approved For Release 2007/03/07 : CIA-RDP73B00296R000100070003-1 Approyed For Release 2007/03/07 : CIA-RDP73B00296R000100070003-1 Response to Questionnaire from House Foreign Operations And Government Information Subcommittee Concerning Information Operations Under 5 U. S. C. 552 and E. O. 10501 1. Between 4 July 1967 and 4 July 1971 the Agency has received two formal requests for access to records under 5 U. S. C. 552. a. Access was granted in one case. b. Access was refused in one case. c. In no case was access granted in part and refused in part. d. No case is now pending. 2. As requested, the following information is submitted on the one STATOTHR case in which access was refused: in a letter dated July 1967 was received on July. b. Access was initially refused on 27 July 1967. c. The basis for the refusal was 5 U. S. C. 552 (b) (3). d. An administrative appeal was filed against the initial refusal on 31 July 1967. e. The Agency's action upon the appeal was taken 8 August 1967 by the Executive Director, Central Intelligence Agency. f. The Department of Justice was not consulted on this case as final action was taken more than two years prior to the Department of Justice's memorandum of 8 December 1969 to General Counsels of all agencies. Approved For Release 2007/03/07 : CIA-RDP73B00296R000100070003-1 Approved For Release 2007/03/07 : CIA-RDP73B00296R000100070003-1 3. To our knowledge, no court action has been initiated under 5 U. S. C. 552 in connection with an Agency refusal to grant access to records. 4. Documents with control markings such as ''Administrative-Internal Use Only" or "For Official Use Only" are not normally made avail- able outside the Government. "Administrative-Internal Use Only" is used to identify unclassified, nonsensitive administrative information which should not be disseminated outside this Agency. "For Official Use Only" is used to identify intelligence information not warranting a defense classification but requiring dissemination limitation. 5. Questions 5, 6, and 7 ask that we provide the number of Agency per- sonnel authorized to classify material under Executive Order 10501 and the name and title of the individuals authorized to classify material Top Secret. Section 6 of the Central Intelligence Agency Act of 1949, as amended, exempts the Agency from provisions of law requiring publication or disclosure of names, official titles, or numbers of Agency personnel. Approved For Release 2007/03/07 : CIA-RDP73B00296R000100070003-1 Approved For Release 2007/03/07 : CIA-RDP73B00296R000100070003-1 Excerpt From Agency Regulations RELEASE OF CIA INFORMATION TO THE PUBLIC - GENERAL. The purpose of this paragraph is to set out the procedures for releasing information to the public pursuant to the requirements of Public Law 90-23, commonly known as the Freedom of Information Act. The Act requires all Government agencies to make certain categories of information available to the public; it also exempts certain categories. The exemptions of the At which apply to the Agency relate primarily to classified information. Accordingly, employees are advised to be knowledgeable of the distinction between classification, which will cause information to be exempt, and the use of "control markings," which by themselves will not. HANDLING OF REQUESTS AND APPROVAL. All public requests for information from the Agency are to be handled and approved or dis- approved by the Assistant to the Director of Central Intelligence. As required by the Act the Agency has published a notice in the Federal Register informing the public of the procedures for requesting Agency information. (1) The Act exempts information that is: (a) Specifically required by Executive Order to be kept secret in the interest of national defense or foreign policy. (This exemption includes all information classified TOP SECRET, SECRET, or CONFIDENTIAL under Executive Order 10501, dated 1953. It does NOT include information marked "Administrative-Internal Use Only," or "For Official Use Only. " ) (b) Related solely to the internal personnel rules and practices of an agency. (c) Exempted specifically from disclosure by statute. (Under Section 6 of the CIA Act of 1949, this exception includes any information concerning the organization or function of the Agency and the names, official titles, salaries, and number of Agency personnel.) Approved For Release 2007/03/07 : CIA-RDP73B00296R000100070003-1 Approved For Release 2007/03/07 : CIA-RDP73B00296R000100070003-1 (d) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions. (e) Identified as: (1) Trade secrets or commercial or financial information obtained from a person, which information is privileged or confidential; (2) Interagency or intraagency memoranda or letters which would not be available by law to a private party in litigation with the agency concerned; (3) Personnel, medical, or similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (4) Investigatory files compiled for law enforcement purposes, except the the extent available by law to a private party; or (5) Geological or geophysical data or information, including maps, which concerns wells. (2) The Agency will not normally provide documents prepared from materials collected for intelligence purposes from sources which retain a proprietary interest in the materials (e. g. , commercial photographs). Approved For Release 2007/03/07 : CIA-RDP73B00296R000100070003-1 Approved For Release 2007/03/07 : CIA-RDP73B00296R000100070003-1 Excerpt From Agency Regulations Executive Order 10501, Safeguarding Official Information in the Interests of the Defense of the United States, as amended, has been fully incorporated into internal Agency regulations which are classified. The basic policy for handling information to protect intelligence sources and methods from unauthorized disclosure follows: "PROTECTED INFORMATION. The problem of deter- mining what information relates to the protection of intelligence sources and methods is of such complexity that no final determination can be made in regard to any single piece of information within the Agency or the other intelligence components except at the Director's level. Under his responsibility for protection of such information there have been established overall policies and detailed procedures for the appropriate dissemination of information and for its protection in the executive branch of the Govern- ment. Every request for information outside of the system designed to serve the executive branch becomes a special problem requiring specific determination by or on behalf of the Director. Therefore, all files, documents, records, and information (whether or not reduced to writing) in the offices of the Central Intelligence Agency, including the several field offices, or acquired by any person as a result of service with or on behalf of the Agency, are to be regarded in the first instance as protected information. " Approved For Release 2007/03/07 : CIA-RDP73B00296R000100070003-1 Approved Fo'r Releas' 07/03/07: C1AARDEMB00296R000100070003-1 for a hearing, and any person whose in- to the Director, Central Intelligence terest may be affected by the issuance of Agency, W