ROUTING AND RECORD SHEET TO TONY GOLDIN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800160031-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: May 13, 2002
• Sequence Number: 31
• Publication Date: August 19, 1975
• Content Type: FORM

Approvea or a ea k O T
SUBJECT: (Optional)
FROM:
EXTENSION
NO.
Legislative Counsel
7D35 HQ
DATE 25X1A
19 Aug 75
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
1. STATINTL
OGC
Attached is our proposed report
Attn:
0175
on a series of five bills (S. 796 -
2.
S. 800) amending the Administra-
tive Procedure Act. S. 796 was
the only bill I thought could
3.
possibly directly affect the Agency
STA
INTL
and was ice for
review. memo-
4.
randum ' ( 5 - 2 7 5 8 ) ~UUU indicates
that this bill is unobjectionable.
The other bills are more clearly
5.
directed at the administrative
proceedings of regulatory agencies
and therefore would not apply to
6.
the Agency. S. 800, which would
STATINTL
abolish the defense of sovereign
immunity with respect to actions
7. / ?
(F a. fi y K
~/
in Federal courts seeking relief
~
7 3
other than money damages raises
a far-reaching issue which the
8.
Justice Department has addressed
in the past and which I think
we should defer to them on.
9.
The Agency's report on this
legislation has been requested by
10.
the end ''of this week. Please review
l~-
the draft and provide me with your
views and comments by this Friday
11.
.
12.
Uffice o Legislative Counsel
13.
14.
15.
s
e
FORM
3-62
6 G 7
U'CLASSIFIED ^ USE ONLY F-1 CONFIDENTIAL 0 SECRET
6
610 USE ARM %ECRET
EDITIONS
CONFIDENTIAL "vivul
Li ff USE ONLY
 Approved For Release 2002/06/05 : CIA-RDP77M00144R000800160031-6
DRAFT: WPB: sk (19 Aug 75)
Dear Mr. Chairman,
This is in response to your request for our comments on S. 796,
S. 797, S. 798, and S. 799, bills to amend the Administrative Procedure
Act; and on S. 800, a bill to amend sections 702 and 703 of Title 5 and
section 1331 of Title 28 of the United States Code with respect to
procedure for judicial review of administrative agency action.
The Administrative Procedure Act establishes the principles and
requirements which, in general and to varying degrees, govern administra-
tive procedures in Federal agencies. Its provisions relate primarily to
those administrative agencies which affect private rights or public interests
through adjudications rule-makiagLc -rated-.tions7 The Central Intel-
--~
ligence Agency is not such an administrative authority. It was established
by the National Security Act of 1947 to coordinate the intelligence activities
of the United States; to correlate, evaluate and disseminate foreign intelli-
gence; and to perform other functions and duties related to intelligence
and affecting the national security.
The amendments to the Administrative Procedure Act proposed in
S. 796, S. 797, S. 798 and S. 799 are of little or no significance to the
Central Intelligence Agency and would not adversely affect its foreign
intelligence functions and responsibilities. With respect to these four bills,
we defer to the views of those agencies more directly affected.
S. 800 would abolish the defense of sovereign immunity with respect
to actions in Federal courts seeking relief other than money damages and
stating a claim against an agency officer acting in an official capacity. It
would also permit a plaintiff in judicial review proceedings to name as
defendant the United States, the agency or the appropriate officer and would
liberalize venue requirements for such actions. Finally, the bill would
eliminate the requirement that there be at least $10, 000 in controversy for
Federal question jurisdiction under 28 U . S . C . 1331. On these matters, we
defer to the position of the Department of Justice.
Approved For Release 2002/06/05 : CIA-RDP77M00144R000800166031-6