LETTER TO JACK BROOKS FROM (SANITIZED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89B00236R000200150002-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 21, 2016
• Document Release Date: December 10, 2008
• Sequence Number: 2
• Publication Date: February 9, 1984
• Content Type: LETTER

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Until Intdl" Agncy
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L 84-0477
9 February 1984
Honorable Jack Brooks, Chairman
Committee on Government Operations
House of Representatives
Washington, D.C. 20515
This is in response to your request for the views of the
Central Intelligence Agency (CIA) on H.R. 4431, the
"Intelligence Information Act of 1983," and its companion bill
S. 1324. This legislation seeks to amend the National Security
Act of 1947 to provide the CIA with substantial relief from the
unique search and review burdens it faces in complying with the
Freedom of Information Act (FOIA). In doing so, this
legislation would allow the CIA to improve its responsiveness
to FOIA requesters. The CIA strongly supports enactment of
this legislation.
Section 3 of this legislation provides for a new title VII
to the National Security Act of 1947 (50 U.S.C. 402, et seq.).
A new section 701 contains the provisions concerning the
processing of FOIA requests to the CIA. Subsection 701(a)
gives the Director of Central Intelligence (DCI), in
furtherance of his statutory responsibility to protect
intelligence sources and methods, the authority to designate as
exempt from the search, review, and disclosure requirements of
the FOIA operational files located within the Directorate of
Operations, the Directorate for Science and Technology, and the
Office of Security. The subsection furthermore requires that
.the operational files within each of these components must
document specified areas of intelligence information before
they can be recommended by the appropriate Deputy Director or
office head for designation pursuant to the procedures in
subsection 701(d). The DCI must then provide written approval
before any recommended designation becomes effective. By
placing the ultimate approval authority with the DCI, the
legislation allows the Agency an important degree of
flexibility in making designation or dedesignation decisions.
In other words, while a given set of operational files may meet
the criteria set forth for designation, the DCI would have the
discretion not to designate certain files and, eventually, to
dedesignate specific files. The legislation specifically
requires the implementing regulations to provide for a review
of each designation not less than once every ten years.
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Two subsections of section 701 provide exceptions to the
exemption of designated operational files from search and
review. Subsection 701(a) contains a proviso which requires
the search and review of designated operational files in
response to a request for (1) information concerning a special
activity when the fact of the existence of the special activity
is no longer classified; or (2) information reviewed and relied
upon during the course of an investigation by various
enumerated entities to determine whether there has been an
impropriety, or violation of law, Executive order, or
Presidential directive committed in the course of an
intelligence activity. In addition, subsection 701(c) requires
the search and review of both designated and nondesignated
files in response to requests by United States citizens or
aliens lawfully admitted for permanent residence for
information on themselves pursuant to either the FOIA or the
Privacy Act of 1974. The Agency accepts these as reasonable
and necessary exceptions to the exemption of designated
operational files from search and review.
During the course of the consideration of S. 1324 by the
Senate Select Committee on Intelligence, concern was expressed
over the extent to which there would be judicial review of the
file designations. The result of the subsequent discussions
was the addition of a new subsection (e) to the bill which sets
forth the parameters of judicial review and the appropriate
remedy for noncompliance with the requirements of this
section. A similar provision is included in H.R. 4431.
We appreciate the opportunity to comment upon this
legislation. With the recent passage of S. 1324 by the Senate,
we look forward to consideration of this legislation by your
Committee. The Office of Management and Budget has advised
that enactment of this legislation would be in accord with the
program of the President. STAY
Deputy Director, Office o Legislative Liaison
DISTRIBUTION:
Original - Addressee
1 - Executive Registry
1 - General Counsel
1 - D/OLL
1 - DD/OLL
OLL Chrono
- LEC File : FOIA
1 - 0 Signer
(9 February 1984)
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