JOURNAL - OFFICE OF LEGISLATIVE COUNSEL

• Document Type: CREST
• Collection: General CIA Records
• 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
• Publication Date: October 1, 1971
• Content Type: NOTES

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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.
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 ^ 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 ^
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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-,, /
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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).
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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
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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.
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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.
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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.)
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(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).
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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. "
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for a hearing, and any person whose in- to the Director, Central Intelligence
terest may be affected by the issuance of Agency, W