INTELLIGENCE INFORMATION ACT OF 1983

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M00364R001502640029-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: January 4, 2017
• Document Release Date: April 15, 2008
• Sequence Number: 29
• Publication Date: May 5, 1983
• Content Type: MEMO

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MEMORANDUM FOR THE DIRECTOR OF CENTRAL INTELLIGENCE
Serial: N0631
5 May 1983
STAT
SUBJECT: Intelligence Information Act of 1983
1. I have been provided a copy of Senator Goldwater's letter
to the President transmitting proposed legislation entitled the
"Intelligence Information Act of 1983." As you know, this pro-
posed legislation derives from certain confidential discussions
involving the CIA Deputy General Counsel and would have the effect
of relieving CIA from burdensome file review tasks and possible
exposures of sensitive intelligence information in response to
Freedom of Information Act (FOIA) requests.
of partial FOIA exemption in the proposed legislation to include
NSA. All the attorneys engaged in this matter recognize, I under-
stand, that the enactment (or even merely the introduction) of
FOIA relief legislation for CIA alone could adversely affect
NSA's FOIA position, and, I am assured, efforts will be made to
include appropriate comments in the legislative analyses, statu-
tory findings, and hearings to preserve--to the extent possible--
NSA's current FOIA position and to preserve NSA's own options to
obtain relief from that statute's burdensome requirements. But
despite these assurances, and recognizing the necessity for CIA
to obtain some relief--even if incomplete--from the FOIA, I want
to express to you directly my concern that the limited relief
provided CIA by the bill could act to lessen efforts to obtain
general FOIA relief, in effect FOIA exemption,'for the entire.
Intelligence Community.
from CIA's t at it would not be practicable to extend the plan
NATIONAL SECURITY AGENCY
CENTRAL SECURITY SERVICE
FORT GEORGE G.. MEADE, MARYLAND 20755
2. My General Counsel's opinion (separately transmitted to
is that NSA records and record-keeping differ so
3. I know you share my grave concern about the adverse
effect the FOIA has had upon our overall intelligence capabilities.
Without going into detail on this point, I would simply observe
that (a) the cumulative impact has yet to be seen of the fact
that many individuals who now obtain access to.extremely sensitive
information for FOIA review and litigation purposes would not be
provided access for operational reasons, and we know and should
take action to correct the fact that this practice is contrary
to long-established, successful security principles; and, (b)
regardless of the precise content of information disclosed by
reason of the FOIA, the fact that our intelligence agencies are
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exposed to the FOIA and frequently become the subjects of well-
publicized claims and exaggerated characterizations of FOIA dis-
closures continuously erodes our credibility in the vital intel-
ligence relationships with foreign nations upon which so?much of
our capability depends. I can perceive no corrective fcr these
serious adverse effects other than complete exemption of our
records from FOIA searches. While I am pleased that the CIA may
be able to obtain some relief, I feel obliged to ask you to con-
sider revitalizing efforts to address the more pervasive problem
the entire community faces. Certainly I am prepared to provide
whatever assistance I can in such a task.
LIIOLN D. FAURER
Lieutenant General, USAF
Director, NSA/Chief, CSS
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