NOTE TO GEORG4E FROM DON

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R001100180003-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 16, 2016
• Document Release Date: May 6, 2005
• Sequence Number: 3
• Publication Date: May 12, 1975
• Content Type: NOTES

Approved For Release 2005/05/20 : CIA-RDP77M 0144R001100180003-1
12 May 1975
George--
About a month ago you asked me to
update the legislation package we put
together for Senator Stennis so that we
could send one to the White House.
Since that time a couple of other subject
areas have developed and I would like
to include these in the package. Drafts
on both of these sections are attached
along with the original paper. In the
note to me on the original paper you said
we should prepare the package in draft
form since the surveillance section hadn't
fully been ironed out. I believe it has
been now, so with your approval we'll
put this package in final and include the
two new sections.
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1. Senator Kennedy authored and held hearings in April on S. 1210,
a bill to amend the Freedom of Information Act. Basically, the bill would
prohibit an agency from taking any adverse personnel action against an employee
who discloses any information to any person, as long as the agency would
be required to make the information available to the public under the current
provisions of the Freedom of Information Act (5 U . S . C . 552(a)). The bill
does not make clear whether an employee must seek authorization from designated
agency Freedom of Information Act officials before releasing a document, or
whether he can release it predicated on his own belief that the document is
not exempt from release. If the bill were interpreted to allow employees to
reach their own decision, agency attempts to deal with the Freedom of Information
Act in a methodical, organized manner would be destroyed.
2. This interpretation would also subject employees to substantial risks.
If the employee releases materials which should have been withheld under
FOIA, no protection is afforded employees. If the release amounts to a security
violation, the consequences of the release could well be quite serious for the
U. S. Government, and for the employee.
3. If it is the intent of the bill to require an employee to obtain official
screening and approval before releasing a document, such fact needs to be
clearly stated in the bill. This would alleviate the major potential problem
with the bill, but others would remain. These include:
a. Section 102(c) of the National Security Act of 1947 (50 U . S . C .
403) grants the Director of Central Intelligence the power to terminate
the employment of any CIA employee when, inhis complete discretion,
such termination would be necessary or advisable in the interests of
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the United States. The restriction in S. 1210 on adverse personnel
actions dilutes the statutory authority of the DCI.
b. Section (f) (1) (B) establishes the right of employees to make
any information whatsoever available to Members of Congress, even
information protected from public disclosure under exceptions to the
Freedom of Information Act. This section would nullify attempts to fulfill
responsibilities of agency reporting to Congress through regular channels.
It would also contradict congressionally-established procedures of restricting
access to sensitive CIA information to CIA oversight subcommittees.
Finally, it would create a major and unwarranted exception to the charge
upon the Director of Central Intelligence to protect Intelligence Sources
and Methods from unauthorized disclosure (50 U . S . C . 403).
c. The recent Freedom of Information Act amendments (P. L. 93-
502) have dramatically increased the workload of federal agencies in
dealing with these requests. CIA, for example, has found it necessary
to assign over fifty of its employees to work full-time handling FOIA
requests, and the FBI 135. This amendment would further tax agency
resources.
Approved For Release 2005/05/20 : CIA-RDP77M00l44R001100180003-1