AIDE-MEMOIRE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000700010010-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 16, 2016
• Document Release Date: June 2, 2005
• Sequence Number: 10
• Publication Date: November 18, 1974
• Content Type: REGULATION

Approved For Release 2005/08 RDSBH0380R000700010010-7
H. R. 12471--Freedom of Information Act Amendments
1. The Director of Central Intelligence, by the National Security Act of
1947, is charged with responsibility to protect intelligence sources and methods
from unauthorized disclosure (50 U. S. C. 403).
2. There is no specific legislation implementing this authority to strengthen
the Director's ability to carry out his responsibilities under law.
3. If the veto of H. R. 12471 is not sustained, the result will be that
sensitive intelligence sources and methods critically affecting the national security
will be subject to detailed examination in our court system as a result of a suit to
publish such information which can be brought by any person regardless of
citizenship.
4. The President has already stated his concern that the legislation
could adversely affect our military or intelligence secrets, and that diplomatic
relations also could be adversely affected. The President has pointed out that
the court should be forced to make what amounts to the initial classification decision
in sensitive and complex areas where they have no particular expertise. The result
would be that a determination by the Director of Central Intelligence that a disclosure
of a document would endanger intelligence sources and methods could
be overturned by a district judge who thought that the plaintiff's position was
reasonable. This would give less weight before the courts to an Executive
determination involving the protection of our most vital secrets and interests
than is accorded determinations involving routine regulatory matters under
standard administration law concepts.
5. The President's counterproposal for legislation would permit the
courts to review classification under the Freedom of Information Act, but to
uphold the classification if there is a reasonable basis to support it. Under the
President's proposal the courts could consider all attendant evidence in camera
and an in camera examination of the documents.
Approved For Release 2005/06/09 : CIA-RDP75B0038OR000700010010-7