CONSTITUENT REQUEST FOR (Sanitized)OUO MATERIAL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000500120004-4
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: August 16, 2001
• Sequence Number: 4
• Publication Date: May 10, 1972
• Content Type: MFR

Approved For Release 2001/08/20 : CIA-RDP75B00380R000500120004-4
10 May 1972
MEMORANDUM FOR THE RECORD
SUBJECT,. Constituent Request for MOUO Material
1. This memorandum is prompted by the handling of a constituent
request to Senator Buckley for Official Use Only material under the
Freedom of Information law. Forte time being, the issue has been side-
stepped with the cooperation of Senator Buckley's office.
2. Associate General Counsel, believes the Agency
would not succeed in a cour test over the issue under the so-called Freedom
of Information Act (5 U. S. C. 552). Further, Agency regulations on 5 U. S. C.
552 specifically state that information marked "For Official Use Only" is not
to be denied to the public under the first exemption of the Act: "(b)(1) Specifi-
cally requiring by Executive order to be kept secret in the interest of the
national defense or foreign policy;".
3. However, Agency regulations on the Freedom of Information Act
appear to be in conflict with 51- 8 f(3) which states that the OUO control
marking is a "dissemination limitation." If information marked "Official
Use Only" is not to be denied to "any person" under exemption (b)(1) of the
Freedom of Information Act, it is difficult to conceive how its dissemination
can be limited under H. R. 51-8 with any sanction of authority. Perhaps
'"OUO't information could be found to be protected information under Agency
authorities in a manner which would be covered under an exemption under
the Freedom of Information Act, such as (b)(3).
4. These matters are not for resolution by the Office of Legislative
Counsel, but we have an important stake in maintaining our credibility with
congressional offices. For some time we have held the line against releasing
-OUO material to members of Congress for constituents. Although such
requests perhaps are not technically under the letter of the Freedom of
Information law, they certainly fall within its spirit and congressional offices
have relied upon our judgment that this information is somehow properly
outside the pale of public scrutin . We even ask the congressional committees
and offices that receive the )UO material to treat it with confidence
and handle it like they would other protected material. Recently we turned
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 Approved For Release 2001/08/20 : CIA-RDP75B00380R000500120004-4
bra .-~-r?ehp ^ 4!~~ f1133Rli
down a request from Representative Pierre duPont (R. , Del.) for the
QUO o be used in a course in Latin American
studies at the University of Delaware. It is difficult to square this result
with the probable administrative outcome of the request from Senator
Buckley's constituent if he presses the matter.
Distribution:
Orig - File
1 - Thuermer
OLC/LLM:smg (10 May 72)
--r.,,?,
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 Approved For Release 2001/08/20 : CIA-RDP75B0038OR000500120004-4
INTEf; N?zL U^" f Cy '
Journal - Office of Legislative Counsel
Tuesday - 25 April 1972
Page 4
14. (Internal Use Only - LLM) Called Susan Smith, in the office of
Senator James Buckley (R. , N. Y. ), to transfer action on a request from
the Senator to the Department of State concerning and the Freedom of STATSPEC
STATSPEC Information Act. and OGC, are STATINTL
STATINTL working on the problem which involves a request by Mr. A ert C. Moore
for the text of a communication between Hanoi and Paris which sets forth
a series of questions submitted by Mr. A. M. Rosenthal, Managing Editor
of The New York Times,to Hanoi concerning Hanoi' s terms for ending the
war and releasing U. S. POW's.
15. (Unclassified - LLM) Jane Engel, in the office of Senator Charles
Mathias (R. , Md.), called and said that she was considering drafting legis-
lation which would prohibit the Agency and other Federal agencies from
employment discrimination based upon certain physical disabilities and in
this connection wanted to know if the Agency was subject to the recent
Equal Employment Opportunity amendments. I explained our situation under
the recent: amendments and told her that the Agency did have certain unique
requirements and that employees generally had to have the physical ability
to be able to provide proper protection for classified information, which she
seemed to appreciate. She said that what had prompted this matter was a
report by a constituent who said the Agency had turned him down because of
a specific physical disability. I told her that it is normally not our policy to
indicate to applicants why they have not been employed and that if she wished
to give me the name of the individual I would be happy to check out the facts.
Miss Engel said she would speak further with the constituent and might be STATINTL
back in touch.
STATINTL cc:
ER O/DDCI
Mr. Houston Mr. Thuermer
Mr. Clarke DDI DDS
? DDS&T OPPB EA/DDP
Item 13 OP
Item,15 - OMS
OHN M. MAURY
Legislative Counsel
Approved For Release 2001/08/20 : CIA-RDP75B0038OR000500120004-4
1 INTERNAL 115E ONLY