H.R. 5164 TO AMEND THE NATIONAL SECURITY ACT OF 1947 TO REGULATE PUBLIC DISCLOSURE OF INFORMATION HELD BY THE CENTRAL INTELLIGENCE AGENCY AND FOR OTHER PURPOSES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89B00236R000200170001-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 21, 2016
• Document Release Date: February 4, 2009
• Sequence Number: 1
• Publication Date: March 15, 1984
• Content Type: OPEN SOURCE

Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3 0
WASHINGTON. D.C. 20515
Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
U.S. HOUSE REPRESENTATIVES
PERMANENT SELECT
OMMITTEE ON INTELLIGENCE
 Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
W ?
98TH CONGRESS H. R? 5164
2D SESSION
To amend the National Security Act of 1947 to regulate public disclosure of
information held by the Central Intelligence Agency, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 15, 1984
Mr. MAZZOLI (for himself, Mr. BOLAND, Mr. ROBINSON, and Mr. WHITEHURST)
introduced the following bill; which was referred jointly to the Permanent
Select Committee on Intelligence and the Committee on Government Oper-
ations
A BILL
To amend the National Security Act of 1947 to regulate public
disclosure of information held by the Central Intelligence
Agency, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "Central Intelligence
4 Agency Information Act".
5 SEC. 2. (a) The National Security Act of 1947 is
6 amended by adding at the end thereof the following new title:
Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
3)5/?
 Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
? ?
2
1 "TITLE VII-PROTECTION OF OPERATIONAL
2 FILES OF THE CENTRAL INTELLIGENCE
3 AGENCY
4 "EXEMPTION OF CERTAIN OPERATIONAL FILES FROM
5 SEARCH, REVIEW, PUBLICATION, OR DISCLOSURE
6 "SEC. 701. (a) Operational files of the Central Intelli-
7 gence Agency may be exempted by the Director of Central
8 Intelligence from the provisions of the Freedom of Informa-
9 tion Act (5 U.S.C. 552) which require publication or disclo-
10 sure, or search or review in connection therewith.
11 "(b) For the purposes of this title the term `operational
12 files' means-
13 "(1) files of the Directorate of Operations which
14 document the conduct of foreign intelligence or coun-
15 terintelligence operations or intelligence or security lia-
16 Sion arrangements or information exchanges with for-
17 eign governments or their intelligence or security serv-
18 ices;
19 "(2) files of the Directorate for Science and Tech-
20 nology which document the means by which foreign in-
21 telligence or counterintelligence is collected through
22 scientific and technical systems; or
23 "(3) files of the Office of Security which document
24 investigations conducted to determine the suitability of
Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
 Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
0 ?
3
1 potential foreign intelligence or counterintelligence
2 sources;
.3 except that files which are the sole repository of disseminated
4 intelligence are not operational files.
5 "(c) Notwithstanding subsection (a) of this section,
6 exempted operational files shall continue to be subject to
7 search and review for information concerning-
8 "(1) United States citizens or aliens lawfully ad-
9 mitted for permanent residence who have requested in-
10 formation on themselves pursuant to the provisions of
11 the Freedom of Information Act (5 U.S.C. 552) or the
12 Privacy Act of 1974 (5 U.S.C. 552a);
13 "(2) any special activity the existence of which is
14 not exempt from disclosure under the provisions of the
15 Freedom of Information Act (5 U.S.C. 552); or
16 "(3) the specific subject matter of an investigation
17 by the intelligence committees of the Congress, the In-
18 telligence Oversight Board, the Department of Justice,
19 the Office of General Counsel of the Central Intelli-
20 gence Agency, the Office of Inspector General of the
21 Central Intelligence Agency, or the Office of the Di-
22 rector of Central Intelligence for any impropriety, or
23 violation of law, Executive order, or Presidential direc-
24 tive, in the conduct of an intelligence activity.
Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
 Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
0 ?
4
1 "(d)(1) Nonoperational files which contain information
2 derived or disseminated from exempted operational files shall
3 be subject to search and review.
4 "(2) The inclusion of information from exempted oper-
5 ational files in nonoperational files shall not affect the exemp-
6 tion under subsection (a) of this section of the originating
7 operational files from search, review, publication, or disclo-
8 sure.
9 "(3) Records from exempted operational files. which
.10 have been disseminated to and referenced in nonoperational
11 files and which have been returned to exempted operational
12 files for sole retention shall be subject to search and review.
13 "(e) The provisions of subsection (a) of this section shall
14 not be superseded except by a provision of law which is en-
15 acted after the date of enactment of subsection (a), and which
16 specifically cites and repeals or modifies its provisions.
17 "(f) Whenever any person who has requested agency
18 records under the Freedom of Information Act (5 U.S.C.
19 552) alleges that the Central Intelligence Agency has im-
20 properly withheld records because of failure to comply with
21 any provision of this section, judicial review shall be available
22 under the terms set forth in subparagraph 552(a)(4)(B) of title
23 5, United States Code, except that-
c ~ case IM1 W kNch,
24 "(1),\information specifically authorized, under cri-
25 teria established by an Executive order to be kept
Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
 Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
41 ?
5
1 secret in the interest of national defense or foreign re-
2 lations which is filed with, or produced for, the court
3 by the Agency shall be examined ex parte, in camera
4 by the court;
5 "(2) the court shall, to the fullest extent practica-
written
6 ble, determine issues of fact based on sworn submis-
7 sions of the parties;
8 "(3) when a complaint alleges that requested
9 records were improperly withheld because of improper
10 placement solely in exempted operational files, the
11 complainant shall support such allegation with a sworn
12 written submission, based upon personal knowledge or
13 otherwise admissible evidence;
14 "(4)(A) when a complainant alleges that requested
15 records were improperly withheld because of improper
16 exemption of operational files, the Agency shall meet
17 its burden under subparagraph 552(a)(4)(B) of title 5,
18 United States Code, by demonstrating to the court by
19 affidavit that exempted files likely to contain respon-
20 sive records currently perform the functions set forth in
21 subsection (b) of this section; and
22 "(B) in making its determination under subpara-
23 graph (A) of this paragraph,The court may not order
24 the Agency to r view the, content of any operational
25 file or files-unless the cq plainant disputes the Agen-
Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
 Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
? ?
6
1 cy's showing with a sworn written submission based on
2 personal knowledge or otherwise admissible evidence;
3 "(5) in proceedings under paragraphs (3) and (4)
4 of this subsection the parties shall not obtain discovery
5 pursuant to rules 26 through 35 of the Federal Rules
6 of Civil Procedure, except that requests for admission
7 may be made pursuant to rules 26 and 36;
8 "(6) if the court finds under this subsection that
9 the Agency has improperly withheld requested records
10 because of failure to comply with any provision of this
11 section, the court shall order the Agency to search and
12 review the appropriate exempted operational file or
13 files for the requested records and make such records,
14 or portions thereof, available in accordance with the
15 provisions of the Freedom of Information Act (5
16 U.S.C. 552), and such order shall be the exclusive
17 remedy for failure to comply with this section; and
18 "(7) if at any time following the filing of a com-
19 plaint pursuant to this subsection the Agency agrees to
20 search the appropriate exempted operational file or
21 files for the requested records, the court shall dismiss
22 the claim based upon such complaint.
23 "DECENNI REVIEW OF EXEMPTED OPERATIONAL FILES
24 "SEC. 702. (a) Not less than once every ten years, the
25 Director of Central Intelligence shall review the exemptions
Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
 Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
7
1 in force under subsection (a) of section 701 of this Act to
2 determine whether such exemptions may be removed from
3 any category of exempted files or any portion thereof.
4 "(b) The review required by subsection (a) of this section
5 shall include consideration of the historical value or other
6 public interest in the subject matter of the particular category
7 of files or portions thereof and the potential for declassifying
8 a significant part of the information contained therein.
9 "(c) A complainant who alleges that the Agency has
10 improperly withheld records because of failure to comply with
11 this section may seek judicial review in the district court of
12 the United States of the district in which any of the parties
13 reside, or in the District of Columbia. In such a proceeding,
14 the court's review shall be limited to determining (1) whether
15 the Agency has conducted the review required by subsection
16 (a) of this section within ten years of enactment of this Act or
17 within ten years after the last review, and (2) whether the
18 Agency, in fact, considered the criteria set forth in subsection
19 (b) of this section in conducting the required review."
20 (b) The table of contents at the beginning of such Act is
21 amended by adding at the end thereof the following:
"TITLE VII-PROTECTION OF OPERATIONAL FILES OF THE
CENTRAL INTELLIGENCE AGENCY
"Sec. 701. Exemption of certain operational files from search, review, publication,
or disclosure.
"Sec. 702. Decennial review of exempted operational files.".
Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
 Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
8
1 SEC. 3. The Director of Central Intelligence, in consul-
2 tation with the Archivist of the United States, the Librarian
3 of Congress, and appropriate representatives of the historical
4 discipline selected by the Archivist, shall prepare and submit
Select -
5 by June 1, 1985, to the PermanentACommittee on Intelli-
6 gence of the House of Representatives and the Select Com-
7 mittee on Intelligence of the Senate a report on the feasibility
8 of conducting systematic review for declassification and re-
9 lease of Central Intelligence Agency information of historical
10 value.
11 SEC. 4. The amendments made by section 2 shall be
12 effective upon enactment of this Act and shall apply with
13 respect to any requests for records, whether or not such re-
14 quest was made prior to such enactment, and shall apply to
15 all civil actions not commenced prior to February 7, 1984.
0
Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
 Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
SUMMARY OF "CEPRAL INTELLIGENCE AGENCY INFORWION ACT"
The bill consists of four sections.
Section 1 provides that the short title of the bill is the "Central
Intelligence Agency Information Act."
Section 2 amends the National Security Act of 1947 to
operational
of Central Intelligence to exempt certain specifically
files from the search, review, and disclosure requirements of the Freedom of
Information Act (FOIA).
Section 3 requires the Director of Central Intelligence, in consultation
.with the Archivist of the United itl, 1985 d States,
to
historians, to report by June the intelligence committees of the
Congress on the feasibility
of Agency information of
declassification and release historical value.
Section 4 makes clear that exemptions of CIA operational files from FOIA'
search and review apply to all FOIA requests, whether made before or after
enactment of the bill, and to all FOIA lawsuits filed after February 7, 1984
(the day before the HPSCI Subcommittee on Legislation FOIA hearing).
Key Provisions
Section 2 of the bill contains the critical provisions
onsooflthecurity Act of
legislation. Section 2 enacts a new Title VII of les from the 1947, to provide for exemption of certain National FOIA
process. The new title consists of
Security Act. These provisions can be summarized briefly as follows:
Subsection
701(a)
701(b)
701(c)
Content
Permits the DCI to exempt certain CIA
"operational files" from the FOIA
process.
Defines the term "operational files" to
include only Directorate of Operations,
Directorate for Science and Technology,
and Office of Security files directly
concerning intelligence sources and
methods.
Ensures that, notwithstanding exemption
of operational files, such files will
continue to be open for search and
review for information concerning (1)
U.S. persons who request information on
themselves, (2) special activities the
Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
 Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3
? -2-
Subsection Content
701(c) (Continued) existence of which is not exempt from
FOIA disclosure, and (3) the specific
subject matter of investigations by the
CIA, by the intelligence committees of
Congress, or by executive branch
oversight bodies of allegations of
illegality or impropriety in the
conduct of intelligence activities.
701(d) Technical provisions ensuring that the
transfer of records between exempted
operational files and other files
neither expands nor contracts the
exemption authority granted to the DCI
in subsection 701(a).
701 (e)
701(f)
702(a)
702(b)
702(c)
Technical provision guarding against
implied (as distinguished from express)
repeal of subsection 701(a) by future
enactment of statutes.
Provides for a de novo substantive
standard of judicial review of CIA
compliance with section 701 within a
precisely defined procedural framework,
ensuring both protection for sensitive
CIA information and effective judicial
review.
Requires the DCI to review exemptions
of operational files at least once
every ten years to determine whether
such exemptions may be removed.
Requires that the DCI's review of
exemptions of operational files must
consider the historical value or other
public interest of the files and the
potential for declassifying a
significant part of the information
they contain.
Provides for limited judicial review of
the DCI review of exemptions of
operational files. The court's review
of the DCI's action in this case is
limited to determining whether the DCI
actually conducted the review required
by subsection 702(b) and whether the
DCI actually considered the criteria
set forth in subsection 702(c).
Approved For Release 2009/02/04: CIA-RDP89B00236R000200170001-3